This chapter establishes minimum licensing criteria for home care agencies in Oklahoma, covering application procedures, fees, renewal requirements, administrative organization, personnel standards, clinical records, client rights, and care policies. Operators must maintain a qualified administrator, adequate financial resources, liability insurance, and written standards of practice. Agencies providing skilled care must employ or contract with a supervising physician or registered nurse and follow physician or non-physician practitioner orders. All client care must be documented in clinical records retained for at least five years.
View official source2/10/25, 12:01 PM Home Care Agencies.html
CHAPTER 662. HOME CARE AGENCIES
[Authority: 63 O.S., § 1-1964]
[Source: Codified 6-27-94]
SUBCHAPTER 1. GENERAL PROVISIONS
310:662-1-1. Purpose
The purpose of this Chapter is to establish the minimum criteria for the issuance, maintenance and
renewal of a home care agency license and the procedure for enforcement thereto.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94]
3103662-1-2. Definitions
The wordsand terms, when used in this Chapter, shall have the following meaning, unless the context
clearly utdieates otherwise.
"Act" means the Home Care Act, 63 O.S. Supp. 1996, §1-1960 et seq.
"Affiliated person" means:
(AX) any officer, director or partner of the applicant,
(BY any person employed by the applicant as a general or key 2/25/202 manager who
directsthe operations of the facility which is the subject of the application, and
(C) any person owning/ogcontrolling more than five percent (5%) of the applicant's debt or
equity. [63°O.S;Supp. 1998,.Section 1-1965]
"Autonomy" means Capacity to bé selfietermining, to make choices in accord with one's own
goals and values.
"Branch office" means a biisiness locatfoff from which a home care agency located in Oklahoma
provides service within a portion of theotaL.geographie area served by the parent agency. Branch offices
from out of state parent agencies shall be licenSed as ‘home’ care agencies as required by this Chapter.
Branch offices from in state parent agencieS*thaybe licénsed/as a part of the parent agency. Each home
care agency branch office shall operate under th? safne name¢s) as the parent agency.
"Certified/accredited agency" means arly heme care a&¢ency located in Oklahoma which is
certified or accredited by:
(A) Title XVII or XIX of the federal Sotiat SecuritwAd¢t;
(B) the Joint Commission on AccreditationfofHealthcafe Organizations/Home Care
Accreditation Services (JCAHO); or
(C) the Community Health Accreditation Prograth of the National League for Nursing
(CHAP).
"Client" means the consumer/patient/individual who receives theServices of a home care agency
and/or a companion or sitter service.
"Client's representative" means the client's legal guardian or perSOfrauthorized by the client or
client's legal guardian to assist the client in receiving home care services.
"Coercion" means compelling, pressuring or otherwise improperly infl@en€ing the free will
decisions made by a consumer(s) or a potential consumer(s) of home care services‘bYaheagency
representative or affiliate. Coercive means include, but are not limited to, presentation@ffalse and/or
misleading information.
"Department" means the Oklahoma State Department of Health. [63 O.S. Supp. 19964 1-
1961(3)]
"Evaluation" means documentation of a need for services based on the client self-report.
"Governing body" means the person(s) having ultimate responsibility, including fiscal and legal
authority for the home care agency.
"Harassment" means repetitive, intimidating, or otherwise distressing contact directed at a
specific consumer(s) or potential consumer(s) of home care by a specific home care agency seeking to
recruit clients.
"Home care agency" means any sole proprietorship, partnership, association, corporation, or
other organization which administers, offers, or provides home care services, for a fee or pursuant to a
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contract for such services, to clients in their place of residence. The term "home care agency" shall not
include individuals who contract with the Department of Human Services to provide personal care
services, provided such individuals shall not be exempt from certification as home health aides. [63 O.S.
Supp. 1996, § 1-1961(4)]
"Home care agency administrator" means a person who operates, manages, or supervises, or is
in charge of a home care agency; [63 O.S. Supp. 1996]
"Home care services" means skilled or personal care services provided to clients in their place of
residence for a fee. [63 O.S. Supp. 1996, § 1-1961(5)]
"Home health aide" means an individual who provides personal care to clients in their temporary
or permanent place of residence for a fee. [63 O.S. Supp. 1996, § 1-1961(6)]
"Individual Service Plan" means documentation by the individual responsible for supervision of
the<companion or sitter services, or a designee, of the services requested by and agreed to be provided for a
client.
YInifectious wastes" means waste capable of producing an infectious disease because it contains
pathogehsof sufficient virulence and quantity so that exposure to the waste by a susceptible human host
could result in an infectious disease.
"Licensed,practical nurse" means a person currently licensed to practice practical nursing in
Oklahoma.
"Non-physi¢idn.practitioner’y means nurse practitioner, clinical nurse specialist, or physician
assistant providing primaty.or specialty ¢are to a home care patient.
"Nurse registry'"\ means any person that procures, offers, promises, or attempts contracts for
registered nurses, licensed praetical nurseSgfteme health aides, or other providers of personal care who are
compensated by fees as indepefdent contraetors,for the provision of home care services.
"Parent agency" means thatypart of a Homie care agency which develops and maintains
administrative and professional contrel of subunits and/or branch offices.
"Personal care" means assistancewith dressing bathing, ambulation, exercise or other personal
needs. [63 O.S. Supp. 1996, § 1-1961(7)]
"Personal needs" means assistance with/activities of daily living such as getting out of bed,
ambulation, exercise, toileting, dressing, eating,/orbathing. Pergenal needs do not include domestic or
maintenance services provided on a fee basis to maintain the hentes
"Physician" means a medical doctor (MD), do¢tdr of osteopathic medicine (DO), or doctor of
podiatric medicine (DPM).
"Primary home care agency" means the agency thats responsible-for the services furnished to
clients and for implementation of the plan of care.
"Qualified therapist" means a trained respiratory therapist or technician, or a physical therapist,
occupational therapist, or speech therapist who is currently licensed to’practice their profession in
Oklahoma.
"Qualified therapy assistant" means a physical therapy assistant or o@cupational therapy assistant
who is currently licensed to assist physical therapists or occupational therapistsin_Oklahoma.
"Registered nurse" means a person currently licensed to practice registefed.nursing in Oklahoma.
"Sharps" means any discarded objects that can penetrate the skin including, but.not limited to,
hypodermic needles, syringes, lancet and scalpel blades. This definition includes breKen‘glass or other
sharp items that have come in contact with material defined as infectious wastes.
"Skilled care" means home care services performed on a regular basis by a trained@/Ré3piratory
Therapist/Technician or by a person currently licensed by this State, including but not limitéd.to @hkicensed
Practical Nurse, Registered Nurse, Physical Therapist, Occupational Therapist, Speech Therapis£, or
Social Worker. [63 O.S. Supp. 1996, § 1-1961(8)]
"Solicitation" means coercion or harassment of any person or contact with a patient knowingly
being treated by another home care agency for the purpose of attempting to persuade the patient to change
home care agencies.
"Standby assistance" means supervision of client directed activities with verbal prompting and
infrequent, incidental hands-on intervention only. [63 O.S Supp. 2009 § 1-1961]
"Subsidiary" means any person, firm, corporation or other legal entity which:
(A) controls or is controlled by the applicant,
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(B) is controlled by an entity that also controls the applicant, or
(C) the applicant or an entity controlling the applicant has directly or indirectly the power
to control. [63 O.S. Supp. 1996]
"Subunit" means a semi-autonomous organization that serves clients in a geographic area different
from that of the parent agency. A subunit is required to independently meet requirements of this Chapter
and shall be licensed separately because it is too far from the parent agency to share administration,
supervision, and services on a daily basis.
"Supportive home assistant" means an individual employed by a home care agency who provides
standby assistance to ambulatory clients, in conjunction with other companionship or homemaker services,
in the temporary or permanent place of residence of the client for a fee. [63 O.S Supp. 2009 § 1-1961]
[Souree; Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97;
Amended at 16 Ok Reg 3486, eff 7-30-99 (emergency); Amended at 17 Ok Reg 2064, eff 6-12-00; Amended at 24 Ok Reg 2005, eff 6-25-07;
Amended at 259Ok Reg 2455, eff 7-11-08; Amended at 28 Ok Reg 1061, eff 6-11-11; Amended at 38 Ok Reg 2062, eff 9-11-21]
SUBCHAPTER 2. LICENSES
310:662-2-1.Zicensure
(a) Base of operationysAny home care agency providing home care services in Oklahoma shall operate
from a place of buSifiess which is accessible to the public and physically located in Oklahoma. Staff
providing services froffygach home gare agency shall be supervised by personnel at that location.
(b) Applicant. Any persdn, eorporatieri, partnership, association or other legal entity desiring to obtain a
license to establish, or to obtai#t@renewaVlicense to operate, a home care agency in this State shall make
application to the State Depaftmient of Health’inf8uch form and accompanied by such information as the
State Commissioner of Health shallprescribé. Afapplications shall include disclosure statements
completed by the applicant which shalfinclude,“biit hot be limited to, the following information:
(1) The full name and address of the-applicarit,-and all affiliated persons;
(2) The full name and address of any legal entity af which the applicant holds a debt or equity
interest of at least five percent (5%) Gtewhich is ‘a parent company or subsidiary of the applicant;
(3) A description of any ongoing organizati@nal relatyOnships as they may affect operations within
the state;
(4) The names, locations, and dates of ownership) operation,@r management for all current and
prior home care agencies owned, operated or mahaed in this’ State or in any other State by the
applicant or by any affiliated persons;
(5) The name and location of the home care agency fer which a li€ense is sought;
(6) The full name and address of the applicant, and all affiliated persons, under whose ownership,
operation, management, or supervision the home care ageney will be conducted; and
(7) An affidavit attesting to the information provided.
(c) Initial applicant data. Information supplied by initial applicants shallanéTude, but not be limited to,
the following information:
(1) Projected number of visits or shifts per month for six (6) months begiphing from the date of
application.
(2) Evidence of staffing availability sufficient to cover projected visits/shifts,
(3) Evidence of financial solvency to include resources sufficient to ensure thet#géney's ability to
provide adequate home care services. The agency shall have an annual operating budgetwhich
ensures sufficient resources to meet operating costs at all times and to maintain standards as
required by this Chapter.
(4) If required by law, proof of business registration with the Secretary of State.
(5) Proof of liability insurance coverage of at least one hundred thousand dollars ($100,000.00) per
occurrence, three hundred thousand dollars ($300,000.00) aggregate. Each agency shall maintain at
least this level of coverage.
(6) Evidence of the applicant's prior business and professional experience in prior health care
provider operations including, but not limited to, nursing homes, residential care homes, home care
agencies, and hospices. The applicant shall disclose to the Department the compliance history of
any person or persons having ownership, operational, management or supervisory authority in the
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agency. Compliance history disclosure shall include lawful orders of suspension, receivership,
administrative penalty or sanction issued by the Department or by other administrative agencies in
other states with similar responsibilities.
(7) Proof that the agency's administrator is currently certified by the Department as a home care
agency administrator.
(d) Licensure fees.
(1) An application for an initial license to establish or operate a new home care agency or subunit
shall be accompanied by a nonrefundable application fee of one thousand dollars($1,000.00).
(2) A renewal application for an existing home care agency or subunit shall be accompanied by a
nonrefundable licensing fee of five hundred dollars ($500.00).
(3) An application for license, or renewal thereof, to establish or operate a home care agency
branch office of an agency licensed in the State of Oklahoma shall be accompanied by a
nonrefundable licensing fee of twenty-five dollars ($25.00).
(4)Fees for renewal licenses prorated to expire on July 31 shall be based on the number of quarters
{16 three (3) months] or portions thereof for the license. The fee for each quarter or portion thereof
shatl beeone hundred twenty-five dollars ($125.00) for each parent agency or subunit license and
six dollars,and twenty-five cents ($6.25) for each branch license.
(ec) Exemptions.(Thé provisions of the Act and promulgated rules shall not apply to:
(1) A person aCting alone whogprovides services in the home of a relative, neighbor or friend.
(2) A person who’ provides maidervices only.
(3) A nurse serviée or home aide’service conducted by and for the adherents to any religious
denomination, the tenets,of whicW ifttlude reliance on spiritual means through prayer alone for
healing.
(4) A person providing hospiée,services ptirsuant to the Oklahoma Hospice Licensing Act.
(5) A nurse-midwife. [63 O.SfSupp. 1996, § 1-1962(C)]
(f) Transfer of ownership of a licenséd agency.
(1) Legal assignment. The license forya home €are agency is not transferable or assignable except
a license may be transferred to any affiliated person parent company or subsidiary of the applicant
or legal entity which has an ongoing organizational felatronship with the applicant. Proof of legal
assignment with accompanying application for licensute-Shall be filed with the Department at the
time of the change. There shall be no fee for legahassignment ofan agency license.
(2) Acquisition of a licensed agency. If an entityésonsidefiwgacquisition of a licensed agency,
an application for license with a five hundred dollar¢$300.00) fee’for the agency and twenty-five
dollar ($25.00) fee for each branch office operated by’a parent agéngy shall be filed with the
Department at least thirty (30) days prior to the effective\dateof the change. A copy of the executed
sales agreement shall be provided to the Department.
(3) If a corporate licensee amends its articles of incorporation toffevise its name, this subsection
does not apply. The sale of stock of a corporate licensee does not€ause)this subsection to apply.
(4) No license shall be transferred from one location to another unléss the Department is notified. If
an agency is considering relocation, the agency shall notify the Departmeft thirty (30) days prior to
the intended relocation. The Department shall provide written notification(o the agency amending
the annual license to reflect the new location.
(5) Upon the effective date of a change of ownership or upon cessation of operatiowOf an agency,
the current license shall be mailed or returned to the Department. The agency shalLadviSe the
Department in writing at the time of cessation of operation where agency medical réeordsShall be
archived and how these records shall be accessed.
(g) Licensure issuance/renewal.
(1) A home care agency license shall be renewed annually. Each license shall expire on July 31 of
each year.
(2) An initial license shall be issued for twelve (12) months. Initial licenses which do not expire on
July 31 shall be renewed so that the renewal license shall expire on July 31. The fee for the renewal
license following the issue of an initial license which does not expire on July 31 shall be prorated
on a quarterly basis.
(3) Prior to license renewal the applicant shall submit proof of:
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(A) Liability insurance coverage of at least one hundred thousand dollars ($100,000.00) per
occurrence, three hundred thousand dollars ($300,000.00) aggregate.
(B) Proof that the agency's administrator is currently certified by the Department as home
care agency administrators.
(4) A home care agency license shall be posted in a conspicuous place, open to the public, at the
licensed premises.
(5) The license shall be issued only for the premises named in the application.
h) Deadlines for applications. The license application shall be filed in accordance with the following
deadlines.
(1) The application for an initial home care agency license shall be filed at least thirty (30) days
before beginning operations.
(2) The application for an initial license, for a transfer of ownership or operation, shall be filed at
least thirty (30) days prior to the transfer. If the Department finds that an emergency exists which
thr€atens the welfare of clients, the thirty (30) day advance filing notice may be waived.
(3) the application for renewal of a licensed existing home care agency shall be filed at least thirty
(30) days prior to the expiration date of the license.
(4) Afiincomplete initial or renewal application received by the Department shall be summarily
dismisse@_after thirty (30) days of applicant notification of an incomplete application. Thereafter,
the applicartt shall submit a new application and the initial or renewal fee.
[Source: Amended and renumbered ‘from 310:662-3-T a#fOk Reg 2111, eff 4-7-97 (emergency); Amended and renumbered from 310:662-3-1 at 14
Ok Reg 2274, eff 6-12-97; Amended at 16 OksReg 3486, eff d=30-99 (emergency); Amended at 17 Ok Reg 2064, eff 6-12-00; Amended at 25 Ok Reg
2443, eff 7-11-08]
SUBCHAPTER,3. ADMINISTRATION
310:662-3-1. Licensure [AMENDEDAND.RENUMBERED TO 310:662-2-1]
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended atT1OkReg 4641, eff 8715-94 (emergency); Amended at 12 Ok Reg 3442, eff 5-10-95
(emergency); Amended at 12 Ok Reg 2789, eff 7-27-95; Amended and sénumberedto310:662-2-1 at 14 Ok Reg 2111, eff 4-7-97 (emergency);
Amended and renumbered to 310:662-2-1 at 14 Ok Reg 2274, eff 6-42-92]
310:662-3-2. Client rights and responsibilities
(a) Every agency shall have a written statement of clients’ sights and fegponsibilities governing agency
services which shall be made available and explained to each_slient or cliefit’§ representative. This
information shall be provided verbally and in writing before or af’admissioni, and documented in the client's
record.
(b) The statement shall include but not be limited to:
(1) A description of available services, unit charges and billing progess, Any changes in fees or
billing shall be given to the client orally and in writing as soon as possible but no later than thirty
(30) calendar days from the date the agency becomes aware of a change. Unit charge information
shall be disclosed to the client even if the service is provided through thifd pafty payment.
(2) Information regarding the client's or client representative's right to particspatéin the planning of
the care to be furnished, the disciplines that shall furnish care, the frequency of-wisits/hours
proposed, the title of the person supervising the client's care and the manner in Which/that person
may be contacted.
(3) The right of the client or client's representative to be advised in advance of any changeyin the
plan of care.
(4) The responsibility of the client or client's representative to treat agency personnel with respect,
to disclose pertinent health related information accurately, and to inform agency personnel when
instructions to the client or client's representative cannot be understood or followed.
(5) An explanation to the client or client's representative of the confidential treatment of all client
information retained in the agency and the requirement for written consent for release of
information to persons not otherwise authorized by law to receive it.
(6) The right of the client to have the client's property and person treated with respect.
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(7) An explanation of the agency's grievance procedure; the right of the client or client's
representative to register a grievance with the agency without reprisal or discrimination from the
agency, regarding treatment or care received.
(8) Information to the client or client's representative that a complaint against the agency may be
directed to the Department. The statement shall direct the client or representative to register
complaints with the Oklahoma State Department of Health, 1000 N.E. Tenth, Oklahoma City,
Oklahoma 73117-1299.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97]
310:662-3-3. Standards of practice
(aA home care agency shall maintain the highest level of standards in its business practices. The
governing body of each agency shall adopt written standards of practice, which shall be strictly adhered to
by alkemployees, agency contractors and owners of the agency.
(b) At a*nfinimum, every home health agency shall include the following items in the agency's standards of
practice:
(1) N@ithep the owner nor any home health agency employee or contractor shall knowingly mislead
a client, fantily member, client's representative or caregiver concerning services, charges, or use of
equipment.
(2) Neither theowaer,nor arty hofne care agency employee or contractor shall misuse or
misappropriate ahyproperty Belénging to any client, family member, client's representative or
caregiver.
(3) Neither the owner fowany home€ateagency employee or contractor shall knowingly and
actively recruit a client undépthe care of ahother home care agency.
(4) The home care agency shafl accept client'referrals in a professional manner with no
remuneration provided to the réferpiff®party-
(5) Solicitation of clients by coercion or harassfnent shall be prohibited.
(6) No agency, employee of any agene¥,_or agency contractor shall serve as the guardian of a client
unless such home care provider is related #6,the client bysblood or marriage and/or is otherwise
eligible to serve as a guardian.
(7) All home care services shall be provided iné¢omplianceywith accepted standards of practice.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-97 (emergeney)~Amended at 14 Ok Reg 2274, eff 6-12-97;
Amended at 25 Ok Reg 2443, eff 7-11-08]
310:662-3-3.1. Compliance with Federal, State and local laws
The agency and its staff shall operate and furnish services in compliance with all applicable
Federal, State, and local laws and regulations.
[Source: Added at 14 Ok Reg 2111, eff 4-7-97 (emergency); Added at 14 Ok Reg 2274, eff 6-12-97]
310:662-3-4. Organization
(a) Governing body. The home care agency shall have an organized governing body which$ legally
responsible for the conduct of the agency. The ownership of the agency shall be fully disclosed’to the
Department. Agency staff shall be currently licensed or registered in accordance with applicable daws of
the State of Oklahoma. The governing body shall be responsible for periodic administrative and,
professional evaluations of the agency.
(b) Financial. Sufficient financial resources shall be maintained sufficient to ensure the agency's ability to
provide adequate home care services. The agency shall have an annual operating budget which ensures
sufficient resources to meet operating costs at all times and to maintain the standards required by this
Chapter.
(c) Administrator. The governing body shall be legally responsible for the appointment of a qualified
administrator and the delegation of responsibility and authority. The administrator shall organize and direct
the agency's ongoing functions, employ qualified personnel, ensure adequate staff in-service, continuing
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education, and evaluations. The administrator shall ensure the accuracy of public information materials and
activities, and that agency practices are consistent with written agency policies. The administrator shall be
properly certified as required by the Department. Proof of current certification for the administrator shall
be posted in a conspicuous place at each licensed agency.
(d) Supervising physician or nurse. Each home care agency providing skilled care shall employ a
physician or a qualified supervising registered nurse. An agency providing personal care only shall employ
or contract with a supervising physician or registered nurse who shall be available to the agency to advise
the client care staff whenever personal care is provided. Services of a supervising physician or registered
nurse in an agency only providing personal care may be provided on an on-call basis. A physician or a
qualified registered nurse alternate shall be designated in writing to serve in the supervising registered
nurse's absence.
(e)Pexsonnel policies. The agency shall implement and follow appropriate written policies. Personnel
polities shall include at least the following:
(1yEmployment procedures.
(2K Orientation of all personnel to the policies and objectives of the agency, and participation by all
personnel in appropriate employee in-service programs.
(3) Job_déscriptions (statement of those functions and responsibilities which constitute job
requirements)and job qualifications (specific education and training necessary to perform the job).
(4) Periodie’evaluations of employee performance.
(5) Provision fofdisciplinary act#on(s) and procedures.
(6) Health screening requirenténtsyfor staff with direct client contact including but not limited to
tuberculosis testing/tuberculin sk¢hvtests. All tests and examinations shall be in conformance with
the "Tuberculosis Contfollers AssoeratiOneand CDC, 2019" guidelines for preventing the
transmissions of mycobaetetyam tuberetilésis in healthcare settings as published by the Centers for
Disease Control and Prevention Any employed with a proven history of a positive tuberculin skin
test may be excluded from this’requifementdfthe employee has had a documented negative chest
x-ray and no symptoms suggestive of suberculdsis.
(7) Each home care agency shall have@h Annual influenza vaccination program consistent with the
recommendations of the Centers for Dis¢ase Gontrof and*Prevention Advisory Committee on
Immunization Practices that shall include at/least the foll6wang:
(A) The offer of influenza vaccination ohSite, at no,charge to all employees and/or workers
in the home care agency or acceptance 6Ldo€éumentédvidence of current season
vaccination from another vaccine source of Ifespital;
(B) Documentation of vaccination for each effiployee and/orfworker or a signed declination
statement on record from each individual who retuses.the influenza vaccination for other
than medical contraindications; and
(C) Education of all employees and/or workers about theffollowing:
(1) Influenza vaccination;
(ii) Non-vaccine influenza control measures; and
(111) The symptoms, transmission, and potential impact offnfluenza.
(D) Each home care agency influenza vaccination program shall cénduct.an annual
evaluation of the program including the reasons for non-participation?
(F) The requirements to complete vaccinations or declination statements for’éach employee
and/or worker may be suspended by the agency's medical director in the evefit 6fja shortage
of vaccine as recognized by the Commissioner of Health.
(f) Personnel records. Personnel records shall include, but not be limited to qualifications, employment
history, records of orientation and in-service provided, verification that health screening was performed as
required, performance evaluations, as required by policy, record of disciplinary actions and verification of
current licensure/certification, if appropriate.
(g) Contracted services.
(1) If a home care agency contracts to provide home care services(s), there shall be a written
agreement defining the nature and scope of services provided. The agreement shall include but not
be limited to the following:
(A) The services to be provided.
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(B) The manner in which services shall be coordinated, evaluated and supervised by the
primary home care agency.
(C) The process for development, review, and revision of the plan of care.
(D) The process for scheduling of visits or hours.
(E) The procedures for submitting clinical and/or progress notes or other entries to the
clinical record which shall be maintained by the primary home care agency.
(2) Any home care agency providing home care service(s) on a contract basis shall require the
contractor to provide verification of current licensure/certification of personnel as appropriate.
Documentation of this verification shall be maintained in the home care agency.
(h) Nurse registry. A nurse registry which provides home care services shall function and be licensed as a
home care agency.
[Source; Amended at 37 Ok Reg 1441, eff 9-11-20; Amended at 28 Ok Reg 1061, eff 6-11-11; Amended at 17 Ok Reg 2064, eff 6-12-00; Amended at
16 Ok Reg 3486 eff 7-30-99 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended
at 12 Ok Re& 2789neff 7-27-95; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-3-5. Clinical records
(a) The agency sHallbestablish and maintain a clinical record for each client receiving care and services.
The record shall be gomplete, timely, accurately documented and readily accessible. Clinical records shall
be kept confidential.“EheJagency shafl ensure confidentiality of client information in accordance with
written policies and procédures. Recerdsyshall be stored in a locked area and only authorized personnel
shall have access to the recordst
(b) Clinical records are the pfoperty of the\home€ tare agency and may be released only upon the written
consent of the client, the court appointed guafdians by a court order, or as otherwise authorized by law. Any
person who has been a client of a héme-eare agénéy shall be entitled to obtain copies of their clinical
record as allowed by law. [76 O.S. 1994, §19]
(c) Clinical records shall be retained at least fiye (5) years*beyond the date the client was last seen or longer
as otherwise required by law.
(d) In addition to a plan of care, the clinical record gall contain;
(1) Appropriate identifying information for fhe client, household members and/or client
representative(s), including telephone numbers toybe used’ in¢the event of an emergency.
(2) Initial assessment including health history, andurrent findihgs.
(3) A description of the client's functional limitatiohse@nd activity restrictions, if any.
(4) Documentation of any change in the client's condstfon.
(5) Notes for each service provided including the date, s¢rvice provided, and the name and title of
the person providing the service and the person's signature.
(e) If skilled care is provided or if personal care is provided by an order of physician or non-physician
practitioner, the clinical record shall also contain:
(1) The name of the client's physician or non-physician practitionénandsélephone number.
(2) Signed and dated clinical notes which accurately document services provided, treatments and/or
medications administered and client response to the services provided.
(3) Physician or non-physician practitioner orders which shall be sent by thefageney within ten (10)
days to the ordering physician or non-physician practitioner to be signed and réturhed,in a timely
manner.
(4) Upon discharge, a summary of the services provided and the resulting status of tlreelient at the
time of discharge. A copy of the discharge summary shall be provided to the client's physi¢ian or
non-physician practitioner.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97;
Amended at 38 Ok Reg 2062, eff 9-11-21]
310:662-3-6. Client care policies
(a) Each agency shall adopt, implement and enforce written client care policies, specific to, and consistent
with the scope and range of client care services offered. Client care policies and client care practices shall
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be consistent with current standards of practice and shall be reviewed and revised as necessary.
(b) Client care policies shall include but not be limited to:
(1) Infection control in the home care setting, including the prevention and spread of infectious and
communicable diseases from agency personnel to clients;
(2) Safety assessment and teaching on injury prevention in the home environment;
(3) Management of emergency medical situations by home care staff in the home; and
(4) Efforts to maximize client autonomy.
(c) An agency providing home infusion therapy directly or under arrangement shall:
(1) Ensure the availability of written policies and procedures for all home infusion therapy;
(2) Maintain a written physician's or non-physician practitioner's order specific to home infusion
therapy;
(3) Develop and adopt minimum competency requirements for nursing staff, and maintain
documentation of individual proficiency/competence;
(4yEnsure twenty-four (24) hour per day availability of a registered nurse to provide in-home
Clifi¢al assistance as needed, to clients receiving home infusion therapy;
(5yAssess the client and/or caregiver's abilities to safely comply with the plan of care;
(6) Provide for client and/or caregiver education as indicated; and
(7) ProvideOnéoing assessment of client and/or caregiver's compliance with therapy-related
procedures/cotapleted at intepvals dependent on the condition of the client and mode of therapy.
[Source: Added at 14 Ok Reg 2111,'ef£4-7-97 (emergenéy)s Added at 14 Ok Reg 2274, eff 6-12-97; Amended at 38 Ok Reg 2062, eff 9-11-21]
SUBCHAPTER 5. CLIENT SERVICES
310:662-5-1. Initiation of services
(a) In-home assessment. The home gare agency Shallaccept a client for services on the basis of a
reasonable expectation that the client's*needS*ean be’metjadequately in the client's residence. An initial
assessment shall be performed in the client's residence*bya physician, non-physician provider, registered
nurse or qualified therapist as indicated by theSefvice to be prowided.
(b) Initial assessment. The initial assessment sHaloceur priory or at the time that home care services are
initially provided. The assessment shall determine whether the‘ageficy has the ability to provide the
necessary services in the home.
(c) In-home assessment - skilled care. No in-home assesSnient of the’aeed for skilled care shall be
conducted by any agency, agency employee, or agency contfactor unleSs-4p@.until the agency receives a
physician's or non-physician practitioner's order to provide skilled-care, or te& conduct an in-home
assessment of the need for skilled care. Skilled care shall not be provided by any agency, agency employee,
or agency contractor unless and until the agency receives a physicians or non-physician practitioner's order
to provide skilled care.
(d) Solicitation, coercion, harassment. No agency, agency employee, oragenty contractor shall solicit,
coerce or harass a consumer of home care services or an individual who may ne€d. home care services in
order to initiate services with the agency.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Amendede@t 12 Ok) Reg 2789, eff 7-27-95;
Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97; Amended at 38 Ok Reg 2062Neff 9-11-21]
310:662-5-2. Plan of care
(a) Non-skilled care. If only personal care is provided, the physician, non-physician practitionér_or
registered nurse shall prepare a plan of care at the time of initial assessment. The plan of care shall be
developed after consultation with the client and/or the client's representative and shall include potential
services to be provided; the frequency of visits and/or hours of service; as well as identified problems,
method of intervention, and date of resolution. The plan of care for the client shall be communicated to the
caregiver prior to or at the time of the delivery of non-skilled care. The plan of care shall be revised as
necessary, but it shall be reviewed and updated by the registered nurse and all appropriate staff involved in
care delivery at least every six (6) months.
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(b) Skilled care. If skilled care is ordered, the order shall be sent by the agency within ten (10) days to the
ordering physician or non-physician practitioner to be signed and returned in a timely manner. The plan of
care shall be developed at the time of admission in conjunction with all appropriate disciplines and shall
cover all pertinent diagnoses, including mental status, types of services and equipment required, frequency
of visits/hours, prognoses, functional limitations, activities permitted, nutritional requirements, medications
and treatments, any safety measures to protect against injury, and any other appropriate items. Orders for
therapy services shall include the specific procedures and modalities to be used and, as appropriate, the
amount, frequency and duration. Services delivered shall be consistent with the services ordered in the plan
of care. There shall be a continuing review of clinical records for each sixty-two (62) day period that a
client receives home care services to determine adequacy of the plan of care and appropriateness of
continuation of care.
[Source; Amended at 38 Ok Reg 2062, eff 9-11-21; Amended at 14 Ok Reg 2274, eff 6-12-97; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency);
Amended @t 12?OK Reg 2789, eff 7-27-95; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-5=3. Services provided
(a) AvailablefServices. Home care services provided by the agency shall be available on a visiting basis in
the place of residengegised as a client's home. If the client's home is a licensed facility, services provided
by the licensed facwity shall not be duplicated by the agency. Additional personal care services provided
shall not be considered aduplicate s€rvige.
(b) Coordination of services. All persomhel furnishing services shall maintain liaison to ensure their
efforts are coordinated effectiyely, docum€nted and support the objectives in the plan of care. If services
are provided in a licensed facilitysthe agertey shall advise facility staff of services provided to ensure care
is coordinated. If an agency clientis fransferred’toanother health care provider or facility, a summary of
the services provided and conditiorf of the client shall be forwarded to the receiving provider/facility if
requested.
(c) Skilled nursing. The agency shall furnish skilled tuirgsing services by, or under the supervision of, a
registered nurse and in accordance with the phySician's or noh-physician practitioner's orders.
(1) The duties of the registered nurse shalldnclude, bat net be limited to the following:
(A) Performing the initial evaluation Visit.
(B) Regularly reevaluating the client's n@ising neéds¢
(C) Initiating the plan of care and necessary s€visions,
(D) Furnishing those services requiring spécfalized nursing skills.
(E) Coordinating services.
(F) Informing the physician or non-physician practifioner and other personnel in a timely
manner of changes in the client's condition and needs,
(G) Supervision and teaching.
(2) Duties of the licensed practical nurse shall include, but not be+imitéd to:
(A) Furnishing services in accordance with agency policy.
(B) Assisting the physician, non-physician practitioner and registefed.nurse in performing
specialized procedures.
(C) Assisting the client in learning appropriate self-care techniques.
(d) Therapy services. Any therapy services offered by the home care agency shall be‘given*by a qualified
therapist or by a qualified therapy assistant under the supervision of a qualified therapist in_aCcOxdance
with the plan of care. The qualified therapist shall assist the physician or non-physician practitiOnenin
evaluating the level of function and participate in the development of the plan of care and any necessary
revisions.
(e) Medical social services. If the agency furnishes medical social work services, those services shall be
provided by a qualified social worker or by a qualified social work assistant under the supervision of a
qualified social worker, in accordance with the plan of care. All providers of medical social services in
Oklahoma shall be licensed if required and meet all defined education and experience criteria required by
the Oklahoma StateBoard of Licensed Social Workers.
(f) Home health aide. Home health aides shall be certified by the Department and placed on the Home
Health Aide Registry maintained by the Department. Home health aides shall be in compliance with all
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requirements of the Act and the rules promulgated thereto. No home care agency shall employ or contract
with any individual as a home health aide for more than four (4) months, on a full-time, temporary, per
diem or other basis, unless such individual is a licensed health professional or unless such individual has
satisfied the requirements for certification and placement on the home health aide registry maintained by
the Department.
(g) Supportive home assistant. If supportive home assistants are utilized, they shall be employed, trained,
tested, and supervised as required at 63 O.S Supp. 2009 § 1-1962(B).
(h) Supervision of services. All personnel providing home care services shall have periodic evaluations of
performance on file in agency records. Appropriate supervision shall be available during all hours services
are provided.
(1) When home health aide or personal care services are provided in conjunction with a skilled
service, a registered nurse shall make a supervisory visit to the client's home at least every sixty
(60) days to assess relationships, client care and determine whether goals are met. The frequency of
supervisory visits shall be increased if the acuity of the client's illness requires more frequent visits.
(QNi a client is receiving only skilled therapy services and home health aide or personal care
sefvicegas an extension of the therapy services, a skilled therapist may make the supervisory visit
at leaSt every sixty (60) days, in lieu of a registered nurse. The frequency of these supervisory visits
shall alsébe’intcreased if the acuity of the client's illness requires more frequent visits.
(3) When oftlyhome health aide or personal care services are furnished to a client, a physician or a
licensed nurse\shall make a 6upefvisory visit to the client's residence at least once every six (6)
months. The frequency of supérisory visits shall be increased if the acuity of the client's illness
requires more frequent/visits.
(4) Services furnished by gequalified*physical therapy assistant or qualified occupational therapy
assistant shall be provided.énty under thefsupervision of a qualified physical or occupational
therapist according to agencypohicy and €onsistent with current standards of practice.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amendediat 12/Ok Reg 3442 eff 5210-95 (emergency); Amended at 12 Ok Reg 2789, eff 7-27-95;
Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended,at14 Ok Reg 2274, eff 6-12-97; Amended at 28 Ok Reg 1061, eff 6-11-11; Amended
at 38 Ok Reg 2062, eff 9-11-21; Amended at 40 Ok Reg 1584, eff 951123)
310:662-5-3.1. Infectious waste disposal
(a) Every agency which generates infectious wastes inthe €ourse ofpréyiding home care services shall
make appropriate provision for disposal of such materials.
(1) Sharps generated in a client's residence shall be packaged in ri@idj leak proof, puncture resistant
containers prior to disposal in regular household wastes Or at an approved waste processing facility.
(2) Infectious wastes that are not sharps shall be disposed appropriately as required by agency
policy, and Federal, state and local laws.
(b) At the time of admission, agency staff shall assess the client to determaifieTf\infectious wastes or sharps
are generated in the home. If infectious wastes or sharps are generated, agéucy_staff shall educate the
client, the client's representative, or caregiver on proper disposal as required by agency policy, and Federal,
state and local laws.
[Source: Added at 14 Ok Reg 2111, eff 4-7-97 (emergency); Added at 14 Ok Reg 2274, eff 6-12-97]
310:662-5-4. Quality assessment and improvement
(a) Each home care agency shall have an ongoing program approved by the governing body which assesses
all services provided and requires quality improvements when indicated. The program shall be defined by
written policies which shall stipulate methods for assessment, agency staff responsible for implementation
and the mechanism of reporting assessments and any recommendations for improvement to the
administrator and governing body.
(b) The program shall include but not be limited to the following:
(1) Methods used to assess and improve all home care services provided, whether the services are
provided directly or by contract. Methods for skilled care assessment shall be developed with input
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from each appropriate discipline providing services. Assessment methodology shall at least include
client satisfaction surveys and sample clinical record reviews.
(2) The frequency that program activities shall be performed and agency staff responsible for the
activity. Program assessments and any recommendations for improvement shall be documented and
reported in writing at least each three (3) months to the administrator and the governing body. The
program shall have methods to reassess improvements implemented to ensure that the quality of
care has improved.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97]
SUBCHAPTER 6. SUPPORTIVE HOME ASSISTANT COMPETENCY TESTING
310; 662-6-1. Requirements for administration of the competency examination
(a) The competency examination for individuals who successfully complete agency-based supportive home
assistant training taught in compliance with 63 O.S Supp. 2009 § 1-1962(B) shall be administered and
evaluatéd/enly by a Department approved testing entity which shall be periodically monitored by the
Departmerftt.
(b) Each approyedyexamination entity must provide the Department with the following:
(1) Writténgob analysis studies to determine the pool of test questions.
(2) Test queSt#0n.validation studies.
(3) Assurancesthatethe writtén agid skills testing process are not compromised.
(c) Each approved examthation entity’shall provide the examinee with the following:
(1) The notice showing pass/fail restilts.
(2) The notice shall spécifythe areas’of failure to the examinee.
(d) The Department shall withdraw approval of afesting entity when it allows one or more of the
following:
(1) Disclosure of the competericy exatainatiOm
(2) Allowing another entity not approyed by thé Department to score the competency examination.
(3) Tampering with the competency ex@niination.
(4) The competency examination was administered by atnon-qualified individual.
(e) Each trainee requesting to sit for the written or otal examinatiO#sand skills examination shall present to
the testing entity a Training Verification Form completed byethe agency that provided the supportive home
assistant training.
(f) A record of the Training Verification Form and successfulcompletion-ofthe competency examination
for each examinee shall be maintained by the testing entity for atJeast five (6) years. Competency is
determined by a passing score on the written or oral examinationandeskills examination.
[Source: Added at 28 Ok Reg 1061, eff 6-11-11]
310:662-6-2. Content of the competency examination
(a) The competency examination shall include a written or oral portion, in English, which shall:
(1) Allow a supportive home assistant to choose between a written and an Oral examination.
(2) Address each requirement specified in the minimum curriculum prescribed by the Department
at 63 O.S Supp. 2009 § 1-1962(B).
(3) Be developed from a pool of test questions, only a portion of which is used in ‘any one (1)
examination.
(4) Use a system that prevents disclosure of both the pool of test questions and the individual
competency examination results.
(5) If oral, the examination portion shall be read from a prepared text in a neutral manner.
(b) The skills examination portion of the competency examination shall:
(1) Consist of randomly selected items drawn from a pool of tasks generally performed by
supportive home assistants.
(2) Be performed in a setting similar to that in which the individual will function as a supportive
home assistant.
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(3) Be administered and evaluated by a clinical skills observer designated in writing as qualified
according to criteria established by the approved examination entity.
(c) The Department may permit the skills examination to be proctored by qualified entity personnel if the
Department finds that the procedure adopted by the testing entity ensures that the competency examination:
(1) Is secure from tampering.
(2) Is standardized and scored by a testing, educational, or other organization approved by the
Department.
(3) Is transmitted to the scoring entity immediately after completion of the skills examination. A
record of successful completion of the skills examination must be maintained by the testing entity
for each individual who is found to be competent or has passed the skills examination.
(d) The Department shall revoke the approval of any entity to proctor the supportive home assistant
cofapétency examination if the Department finds evidence of impropriety, including evidence of tampering
by facility staff.
[Source: Addedfat 28 Ok Reg 1061, eff 6-11-11]
310:662-6-3/Successful completion of the competency examination
(a) An individualshal/pass both the written or oral portion of the competency examination, and the skills
examination in ordérAéo-complete the gompetency examination for supportive home assistant successfully.
(b) An individual shalkswore at least’seyenty (70) percent on the written or oral examination.
(c) An individual shall deménstrate atleast eighty (80) percent accuracy for the skills examination.
[Source: Added at 28 Ok Reg 1061, eff 6-11-1¥
310:662-6-4. Failure to complete thé competency, éxamination
If an individual does not complete sHe¢ompttendy examination for supportive home assistant
successfully, the individual shall be notified by the testing entity of, at least, the following:
(1) The areas which the individual didfiof pass.
(2) That the individual may retake the exarhination a tota@hof three times without further training.
[Source: Added at 28 Ok Reg 1061, eff 6-11-11]
310:662-6-5. Expiration of the competency examination
(a) An individual who has obtained agency-based supportive homesassistan#training and successfully
completed a competency examination for supportive home assistantstadministered by a Department
approved testing entity as described in OAC 310:662-6 shall be deéméd able to provide standby assistance
to clients of a licensed home care agency.
(b) Designation as a supportive home assistant shall not expire provided the.individual receives a
documented agency-based competency assessment by a Licensed Nurse at thettime,of employment and at
least once per calendar year in each subsequent year of employment.
(c) In order to keep the designation of supportive home assistant, individuals shall(maintain documentation
of their completed agency-based training issued by the agency that provided the trairfing a3 well as
documentation of their successful competency examination issued by a Department approved)testing entity.
(d) Individuals who are unable to provide the documentation described in 310:662-6-3(c)‘sHall be required
to meet the training and competency examination requirements for designation as a supportive hefite
assistant before they may be employed to provide standby assistance.
[Source: Added at 28 Ok Reg 1061, eff 6-11-11]
SUBCHAPTER 7. ENFORCEMENT
310:662-7-1. Inspections
A certified/accredited agency shall not be subject to routine licensure inspections by the
Department. Branch offices of certified/accredited agencies whose parent agency is not located in the State
of Oklahoma shall not be considered to be certified/accredited, neither shall they be exempt from routine
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licensure inspections. The Department may inspect any agency at any time in order to determine
compliance with the provisions of the Act or this Chapter. These inspections may be routine as in the case
of a non-certified/accredited agency or based on a complaint received by the Department. The right of
inspection shall also extend over any home care agency the Department has reason to believe is advertising
or operating a home care service without a license.
[ ource: Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-7-2. Complaints and investigations
A complaint may be registered by any person who believes a home care program is operating
contrary to the Act, or these rules, or is posing a serious threat to the health and welfare of a client in its
care. The Department shall receive complaints verbally or in writing. If a name and address is furnished,
the Complainant as well as the home care agency shall be notified in writing of the findings. The complaint
shall ‘not be made public unless a completed investigation by the Department substantiates the violations
alleged infthe complaint. Client names shall not be disclosed. Any home care agency with violations found
on investigation.shall be required to correct non-compliant items.
[Source: Added at 11 Ok\Reg’385, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97]
310:662-7-3. Penalties,
Any home care agency or homefiéalth aide covered by the Home Care Act that has been
determined by the Departmentt@have violated any provision of the Act or any rule promulgated theretto
may be liable for an administratiy@penaltyoLmormore than one hundred dollars ($100.00) per violation
for each day on which a violatione¢éurs or cofitiftues. The maximum administrative penalty shall not
exceed ten thousand dollars ($10,00000) for any ‘related series of violations.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-7-4. Equitable relief
The Department may bring an action in a court of competeritjurisdiction for equitable relief to
redress or restrain a violation by any person of a provision of the Home,€are Act or any rule promulgated
pursuant to the provisions of the Home Care Act. Said cotiif#shall havégtinsdiction to determine said
action, and to grant the necessary or appropriate relief, including but not#imited to mandatory or
prohibitive injunctive relief or interim equitable relief.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-7-5. Adverse actions
The Department may deny, modify, deny renewal, suspend, or revokehe 4icense of any agency that
has demonstrated a history of non-compliance with the Act or this Chapter. AnyAgertey found to be in
substantial non-compliance shall be subject to these provisions immediately if cliéntMealth and safety are
in jeopardy. The issuance or renewal of a license after notice of a violation shall not Constifute a waiver by
the Department of its power to rely on the violation as the basis for subsequent revocation/of A license or
other enforcement action authorized by the Act or this Chapter.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 22944 eff 6-12-97]
310:662-7-6. Hearings
Hearings shall be conducted according to the Administrative Procedures Act and Chapter 2 of this
Title (310:002)
[Source: Added at 11 Ok Reg 3185, eff 6-27-94]
310:662-7-7. Appeals
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A final order of the Department may be appealed to the District Court by any party directly affected
or aggrieved by the order.
[Source: Added at 11 Ok Reg 3185, eff 6-27-94]
SUBCHAPTER 8. SITTER OR COMPANION SERVICES
310:662-8-1. Applicability
No public or private agency or person shall establish, conduct or maintain a sitter or companion
service or hold itself out to the public as a sitter or companion service without first obtaining a license from
the State Department of Health.
[Souree; Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-3£2. Licensure
(a) Appli€ation. Any person, corporation, partnership, association or other legal entity desiring to obtain a
license to éstablish, or to obtain a renewal license to operate, a companion or sitter service in this State
shall make appliéation to the State Department of Health in such form and accompanied by such
information as the State,Commissioner of Health shall prescribe. All applications shall include disclosure
statements completéd/by.the applicanwhich shall include, but not be limited to, the following information:
(1) The full name&and,addre§s ofthe applicant, and all affiliated persons;
(2) The name andlecation of the*Companion or sitter service for which a license is sought;
(3) The full name of thé individualfesponsible for supervision of the companion or sitter services
that meets the requiremientS\of the A€tand*evidence of current licensure and/or training as
appropriate;
(4) Proof of participation in a@workers' compensation insurance program for employees who are
subject to pertinent labor laws. This*ifsuranCecequirement shall remain in effect at all times while
the service is licensed;
(5) Proof of liability insurance coverage.of at least ofe hundred thousand dollars ($100,000.00) per
occurrence, three hundred thousand dollars $300,000.00), aggregate. Each service shall maintain at
least this level of coverage.
(6) An affidavit attesting to the information prewided.
(b) Plan of delivery. Each initial application shall be accompanied byayplan of delivery that describes the
scope and range of companion or sitter service available to ¢henhts and theip*families as well as a
description of the system of record keeping that meets the requirements spe¢ified in the Act. Each renewal
application shall include written notification as to the changes intthégplan of delivery.
(c) License fees.
(1) An application for an initial license to establish or operate a levy companion or sitter service
shall be accompanied by a nonrefundable application fee of one thousand dollars ($1000.00)
(2) A renewal application for an existing companion or sitter servicéshall.be accompanied by a
nonrefundable licensing fee of five hundred dollars ($500.00).
(3) An application is not considered to be filed unless it is accompanied by thé appropriate form
and fee.
[Source: Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-8-3. Licensure issuance/renewal
(a) Expiration. Each license for a companion or sitter service shall expire one (1) year after issuance on
the last day of the month of issuance unless suspended or revoked.
(b) Deadlines for applications. The license application shall be filed in accordance with the following
deadlines.
(1) The application for a companion or sitter service license shall be filed at least thirty (30) days
before beginning operations.
(2) The application for an initial license, for a transfer of ownership or operation, shall be filed at
least thirty (30) days prior to the transfer. If the Department finds that an emergency exists which
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threatens the welfare of clients, the thirty (30) day advance filing notice may be waived.
(3) The application for renewal of a licensed existing sitter or companion service shall be filed at
least thirty (30) days prior to the expiration date of the license.
(4) An incomplete initial or renewal application received by the Department shall be summarily
dismissed after thirty (30) days of applicant notification of an incomplete application. Thereafter,
the applicant shall submit a new application and the initial or renewal fee.
[Source: Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-8-4. Base of operation
Each companion or sitter service shall operate from a place of business which is accessible to the
publicjand physically located in Oklahoma. Staff providing services shall be supervised by personnel at
that/logation. The license shall be issued only for the premises named in the application.
[Source: Addedfat,25 Ok Reg 2455, eff 7-11-08]
310:662-8-5/Criminal background checks
Each compafi6n or sitter service shall maintain a copy of each background check that is conducted
on an agency empl6y€e=to meet the requirements of the Act.
[Source: Added at 25 Ok Reg 2455, eff¥7-11-08]
310:662-8-6. Transfer of ownferstiip of a liCensed,agency
(a) The license for a companion Or%itter servic€ j6 not transferable or assignable except a license may be
transferred to any affiliated person, parent compahy Or subsidiary of the applicant or legal entity which has
an ongoing organizational relationship with the appfiganb. Proof of legal assignment with accompanying
application for licensure shall be filed withthe Department athe time of the change. There shall be no fee
for legal assignment of a service license.
(b) If an entity is considering acquisition of a licerSed)agency, afapplication for license with a five
hundred dollar ($500.00) fee for the service shall be filed with theDepartment at least thirty (30) days prior
to the effective date of the change. A copy of the executed sales agreement shall be provided to the
Department.
(c) If a corporate licensee amends its articles of incorporatiofNo revise its: mame, this subsection does not
apply. The sale of stock of a corporate licensee does not cause thisssubsectioh to apply.
(d) No license shall be transferred from one location to another unléss,the Department is notified. If a
service is considering relocation, the service shall notify the Department thirty (30) days prior to the
intended relocation. The Department shall provide written notification té the service amending the annual
license to reflect the new location.
(e) Upon the effective date of a change of ownership or upon cessation of operation of a service, the
current license shall be mailed or returned to the Department. The service shall advise,the Department in
writing at the time of cessation of operation where service records shall be archivéd_ afidhow these records
shall be accessed.
[Source: Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-8-7. Individual Service Plan
The individual responsible for supervision of the companion or sitter services shall prepare an
Individual Service Plan at the time of the initial evaluation. The Individual Service Plan shall be developed
after consultation with the client and/or the client's representative and shall include potential services to be
provided and the requested hours of service. The Individual Service Plan for the client shall be
communicated to the caregiver prior to or at the time of the delivery of care. The Individual Service Plan
shall be revised as necessary, but it shall be reviewed and updated by the individual responsible for
supervision of the companion or sitter services at least every six (6)months.
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[Source: Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-8-8. Complaint investigations
The Department shall investigate allegations of noncompliance with the requirements as specified
in the Act.
[Source: Added at 25 Ok Reg 2455, eff 7-11-08]
310:662-8-9. Mediation
(a) If a complaint investigation results ina finding of noncompliance against a licensed companion or sitter
service, the licensed service may request review of the findings by a mediator in an effort to come to
co seh us on the facts of the investigation and to resolve any conflicts between the licensed service and the
ent.
ns for mediation shall be made in writing and shall be received by the Department within ten
days af © service has received the notice of noncompliance from the Department.
(c) Mediatérs shall be certified by the Alternative Dispute Resolution System through the Supreme Court
of ono),
[Source: Added at 25 Ok “eg 7-11-08]
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