Okla. Admin. Code § 310:675-13-12
Direct care staffing
Effective Sep 13, 201936 Ok Reg 1748<i><sup>1</sup>This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 310:675-13-12 reverted back to the permanent text that became effective 6-25-01, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 7-11-03.</i>; Added at 9 Ok Reg 3163, eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 10 Ok Reg 4227, eff 8-1-93 (emergency); Amended at 11 Ok Reg 3851, eff 7-11-94; Amended at 18 Ok Reg 2533, eff 6-25-01; Amended at 18 Ok Reg 3599, eff 8-22-01 through 7-14-02 (emergency)<sup>1</sup>; Amended at 20 Ok Reg 2399, eff 7-11-03; Amended at 36 Ok Reg 1748, eff 9-13-19Oklahoma State Department of Health
- (a) Each facility shall maintain at least the minimum direct-care-staff-to-resident ratios specified in the Act at 63:1-1925.2.
- (b) A licensed nurse shall be on duty eight hours a day, seven days a week on the day shift.
- (c) If the director of nursing is a licensed practical nurse, a registered nurse shall be employed for at least eight hours per week as a consultant.
- (d) There shall be a licensed nurse on duty twenty-four hours per day; provided however, that a facility licensed as a specialized facility for individuals with intellectual disabilities shall only be required to provide 24 hour nursing when it has a resident who has a medical care plan. The department may waive this requirement when the facility demonstrates it has been unable, despite diligent effort, to recruit licensed nurses. The Department shall determine that a waiver of this requirement will not endanger the health or safety of the residents.
- (e) There shall be at least one certified medication aide on duty when any shift is not covered by a licensed nurse.
- (f) At least two direct care staff persons shall be on duty and awake at all times regardless of the number of residents.
(g) Willful violation of the requirements regarding direct-care staff shall be determined based on a review of facility staffing records and interviews with staff, residents, resident family members and/or guardians, and other parties which may have information relevant to the investigation. The determination by the Department of Health will include, but will not be limited to, the following factors:
- (1) The nature, circumstances and gravity of the violations;
- (2) The repetitive nature of the violations at the facility or others operated by the same or related entities;
- (3) The previous degree of difficulty in obtaining compliance with the rules at the facility or others operated by the same or related entities; and
- (4) Any substantial showing of good faith in attempting to achieve continuing compliance with the provisions of the Nursing Home Care Act.
<i><sup>1</sup>This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 310:675-13-12 reverted back to the permanent text that became effective 6-25-01, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 7-11-03.</i>
Added at 9 Ok Reg 3163, eff 7-1-92 (emergency)
Added at 10 Ok Reg 1639, eff 6-1-93
Amended at 10 Ok Reg 4227, eff 8-1-93 (emergency)
Amended at 11 Ok Reg 3851, eff 7-11-94
Amended at 18 Ok Reg 2533, eff 6-25-01
Amended at 18 Ok Reg 3599, eff 8-22-01 through 7-14-02 (emergency)<sup>1</sup>
Amended at 20 Ok Reg 2399, eff 7-11-03
Amended at 36 Ok Reg 1748, eff 9-13-19