Oklahoma § 63-330.52 - State Board of Examiners for Long-Term Care

§ 63-330.52. State Board of Examiners for Long-Term Care

Administrators — Creation — Termination.

A. There is hereby re-created the Oklahoma State Board of

Examiners for Long-Term Care Administrators, to continue until the

conditions of Section 2 of this act have been met. Upon

satisfaction of such conditions, the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be abolished.

B. The Oklahoma State Board of Examiners for Long-Term Care

Administrators shall consist of fifteen (15) members, eight of whom

shall be representatives of the professions and institutions of

long-term care, with representation from each type of administrator

defined in Section 330.51 of this title. In order to be eligible to

serve as a member, such administrators shall be licensed or

certified in their defined facility type, and be in good standing

and have at least three (3) years of experience as an administrator

in the facility type they represent, except a nursing facility

administrator as defined in Section 330.51 of this title, who shall

have at least five (5) years of experience as a nursing facility

administrator. Four members shall represent the general public, of

which at least two shall be licensed medical professionals concerned

with the care and treatment of critically ill or infirm elderly

Oklahoma Statutes - Title 63. Public Health and Safety

patients. The preceding twelve members shall be appointed by the

Governor, with the advice and consent of the Senate. The final

three members shall constitute the State Commissioner of Health, the

Director of the Department of Human Services, and the Director of

the Department of Mental Health and Substance Abuse Services, or

their designees.

C. No members other than the eight licensed or certified

administrators shall have a direct or indirect financial interest in

long-term care facilities.

D. Effective November 1, 2011, all appointed positions of the

current Board shall be deemed vacant. The Governor shall make

initial appointments pursuant to the provisions of this subsection.

Initial appointments shall become effective on November 1, 2011.

The new members of the Board shall be initially appointed as

follows:

1. Four of the members representing each administrator type,

two members representing the general public and two other members

shall be appointed for a term of two (2) years to expire on October

31, 2013; and

2. Four of the members representing each administrator type,

two members representing the general public and one other member

shall be appointed for a term of three (3) years to expire on

October 31, 2014.

E. After the initial terms, the terms of all appointive members

shall be three (3) years. Any vacancy occurring in the position of

an appointive member shall be filled by the Governor, with the

advice and consent of the Senate, for the unexpired term.

F. Any member of the Board shall recuse himself or herself from

voting on any matter that originated from or involves an entity with

which the Board member is affiliated.

Added by Laws 1968, c. 100, § 2, emerg. eff. April 1, 1968. Amended

by Laws 1973, c. 264, § 1, emerg. eff. May 24, 1973; Laws 1980, c.

175, § 1, eff. Oct. 1, 1980; Laws 1982, c. 196, § 1, emerg. eff.

April 27, 1982; Laws 1988, c. 225, § 21; Laws 1991, c. 168, § 2,

eff. July 1, 1991; Laws 1995, c. 17, § 1, emerg. eff. March 31,

1995; Laws 2000, c. 91, § 1; Laws 2005, c. 168, § 2, emerg. eff. May

13, 2005; Laws 2006, c. 291, § 2, eff. July 1, 2006; Laws 2007, c.

347, § 10, eff. Nov. 1, 2007; Laws 2011, c. 192, § 2, eff. Nov. 1,

2011; Laws 2018, c. 295, § 1; Laws 2019, c. 343, § 1, eff. Nov. 1,

2019; Laws 2023, c. 271, § 4, emerg. eff. May 22, 2023.

§63-330.52a. Transfer of duties, powers, and responsibilities.

A. On November 1, 2023, all employees, powers, duties,

functions, and responsibilities of the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be transferred to

the State Department of Health. The transfer shall include all

equipment, supplies, records, assets, current and future

Oklahoma Statutes - Title 63. Public Health and Safety

liabilities, fund balances, encumbrances, obligations, and

indebtedness associated with the Oklahoma State Board of Examiners

for Long-Term Care Administrators.

B. Any monies accruing to or in the name of the Oklahoma State

Board of Examiners for Long-Term Care Administrators on and after

November 1, 2023, or any monies that accrue in any funds or accounts

or are maintained for the benefit of the Oklahoma State Board of

Examiners for Long-Term Care Administrators on and after November 1,

2023, shall be transferred to the State Department of Health.

C. The State Department of Health shall succeed to any

contractual rights and responsibilities incurred by the Oklahoma

State Board of Examiners for Long-Term Care Administrators.

D. The Director of the Office of Management and Enterprise

Services is hereby directed to coordinate the transfer of funds,

allotments, purchase orders, and outstanding financial obligations

or encumbrances as provided for in this section.

E. On November 1, 2023, all administrative rules promulgated by

the Oklahoma State Board of Examiners for Long-Term Care

Administrators shall be transferred to and become a part of the

administrative rules of the State Department of Health. The Office

of Administrative Rules in the Secretary of State’s office shall

provide adequate notice in the Oklahoma Register of the transfer of

such rules and shall place the transferred rules under the Oklahoma

Administrative Code title of the State Department of Health. Such

rules shall continue in force and effect as rules of the State

Department of Health from and after November 1, 2023, and any

amendment, repeal, or addition to the transferred rules shall be

under the jurisdiction of the State Commissioner of Health.

F. The state agency known as the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be abolished after

all the transfers described in this section have been completed.

Added by Laws 2023, c. 271, § 2, emerg. eff. May 22, 2023.