Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Accredited" means current credentials from a national accrediting agency or a nationally recognized regional accrediting agency or state approval agency appropriate to the missions and goals of the institution. "Act" means the Home Care Act, [63 O.S. Supp. 1996, § 1-1960 et seq.]. "Board" means the State Board of Health. "Certification" means verification of appropriate training and competency for a home care administrator as required by this Chapter. "Competency" means experiential and educational preparation as specified by this Chapter and successful performance on the Oklahoma Home Care Administrator Preparedness Assessment. "Continuing education" means education and training required for renewal of a home care administrator certificate. "Deeming" means to grant a person who met one (1) criterion pursuant to 310:664-3-4 permission to challenge the Oklahoma Home Care Administrator Preparedness Assessment (OHCAPA) without completion of the Preparedness Program. "Denial" means the Department's decision to preclude issuance of a home care administrator certificate to an individual. "Department" means the State Department of Health [63 O.S. Supp. 1996, § 1-1961(3)]. "Disapproval" means the Department's decision to withhold OAC 310:664 OKLAHOMA STATE DEPARTMENT OF HEALTH 3 June 11, 2009 approval of an application for a home care administrator certificate. "Enforcement" means the Department's actions and processes to ensure compliance with promulgated rules. "Governing body" means the entity having ultimate responsibility for a home care agency, including fiscal and legal authority. "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 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 are not exempt from certification as home health aides [63 O.S. Supp. 1996, § 1-1961(4)]. "Home care administrator" means a person who operates, manages, or supervises, or is in charge of a home care agency [63 O.S. Supp. 1996, § 1-1961(7)]. "Home study" means education that takes place in a physical setting other than an educational classroom, teleconferencing site, seminar, conference or professional association at which the student and instructor have interaction that is face-to-face or mediated by real-time two-way teleconferencing. "Inactive status" means a certificate designated as a non- participant credential in the Department's records. "Misappropriation of property" means the taking, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any property, real or personal or anything of value belonging to or under the legal control of a client or other legal authority, or the taking of any action contrary to any duty imposed by federal or state law prescribing conduct relating to the custody or disposition of a client's property. "Non-renewal" means the Department's decision to deny the renewal of a home care administrator certificate. "Oklahoma Home Care Administrator Preparedness Assessment" or "OHCAPA" means a Department-approved examination for a home care administrator candidate. "OSBI" means the Oklahoma State Bureau of Investigation. "Preparedness program" means the Department-approved activities and course designed to prepare a person to challenge the OHCAPA. "Proctor" means a person approved by the Department to monitor the curriculum, testing, and hours required for continuing education and report non-compliance and substandard compliance by programs and enrolled persons to the Department. "Provisional certificate" means a temporary credential that permits temporary employment as an administrator or alternate home care administrator. "Qualified instructor" means a person with academic credentials commensurate with instruction at accredited state post secondary or higher education institutions or with other credentials that meet the Department approval pursuant to 310:664-5-5. OAC 310:664 OKLAHOMA STATE DEPARTMENT OF HEALTH 4 June 11, 2009 "Revocation" means the Department's decision to nullify a previously issued home care administrator certificate. "Subunit" means a semi-autonomous organization that serves clients in a geographic area different from that of the parent agency. "Suspension" means the Department's decision to render a home care administrator certificate void for a specified period of time. "Waiver" means the Department's decision to allow a person who meets qualifications pursuant to 310:664-3-2 to receive a home care administrator certificate without challenging the OHCAPA.