Oklahoma § 74-188 - Inspection of domiciliary facilities

§ 74-188. Inspection of domiciliary facilities

(a) It shall be the duty of the State Commissioner of Health to

visit and inspect, and examine into the conditions and management

Oklahoma Statutes - Title 74. State Government

of, each domiciliary facility receiving payment from the Department

of Public Welfare for services on behalf of a person or persons

living in the facility, or receiving payment for services from any

such person who is a recipient of public assistance and whose

Schedule of Maximum Money Payments for Assistance Plans in

Accordance With Living Arrangements, as approved by the Oklahoma

Public Welfare Commission, includes an item for maintenance or

nursing care; and to make report of his findings to the Director of

Public Welfare, and any other state agency that might have an

official interest in the findings. For the purposes of this

section, a domiciliary facility shall mean any home, establishment,

institution, or other facility providing living accommodations, or

special living arrangements, or nursing or medical care, for three

or more persons living therein.

(b) Whenever the Director of Public Welfare requests him to do

so, the State Commissioner of Health shall cause a special

inspection to be made to ascertain whether patients or residents of

any such domiciliary facility are receiving proper care or

treatment, or whether the facility is being operated in accordance

with applicable law, and rules and regulations of the Oklahoma

Public Welfare Commission; and, whenever the Director of Public

Welfare requests him to do so, the State Commissioner of Health

shall cause a special investigation to be made to determine whether

a patient or resident of any such domiciliary facility has been

abused or mistreated, or has not received proper care. After making

any such special inspection or investigation, the State Commissioner

of Health shall make a written report of his findings to the

Director of Public Welfare.

(c) If, as a result of any inspection, investigation or

examination, the State Commissioner of Health determines that a

criminal law has been or might have been violated, he shall inform

the district attorney of his findings, for appropriate action.

(d) The duties and responsibilities vested in the State

Commissioner of Health by this section shall be in addition to those

vested in the State Commissioner of Health by other laws.

Laws 1967, c. 357, § 1, emerg. eff. May 18, 1967; Laws 1971, c. 337,

§ 7, operative July 1, 1971.