OAC 310:679-10-2.1
General requirements for licensure that must be met by each applicant
Cite as Okla. Admin. Code § 310:679-10-2.1
(a) Applicants shall not be less than must be at least twenty-one (21) years of age at the time the license
is issued.
(b) Each applicant shall Applicants must be a United States citizen, or be a qualified alien under the
Federal Immigration and Naturalization Act and lawfully residing in the United States. An affidavit of
lawful presence must be submitted with the application.
(c) Each administrator applicant must establish to the satisfaction of the Board that the applicant is of
reputable and responsible character and otherwise suitable and qualified to serve because of training or
experience in institutional administration. Each provisional applicant must be of good character,
otherwise suitable, and meet any other standards established.
(d) A background check will be conducted on each applicant. Each applicant shall submit to a
criminal background check. If The Department will not issue or renew a license to any applicant if
the results of a criminal background check reveal that the applicant has been convicted of or
pleaded guilty or nolo contendere or no contest, or received a deferred sentence for any felony or
misdemeanor offense for any of the following offenses in any state or federal jurisdiction:
jurisdiction, the Board shall not issue a license or renew a previously issued license to this person
and employers shall not hire or contract with the person:
(1) abuse, neglect or financial exploitation of any person entrusted to the care or possession of such
person,
(2) rape, incest or sodomy,
(3) child abuse,
(4) murder or attempted murder,
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(5) manslaughter,
(6) kidnapping,
(7) aggravated assault and battery,
(8) assault and battery with a dangerous weapon, or
(9) arson in the first degree.
(e) The Department will not issue or renew a license for any applicant if If less than seven (7) years
have elapsed passed since the completion of sentence (meaning the last day of the entire term of the
incarceration imposed by the sentence including any term that is deferred, suspended or subject to
parole), and the results of a criminal history check reveal reveals that the subject person the
applicant has been convicted of, or pled guilty or nolo contendere or no contest to, a felony or
misdemeanor offense for any of the following offenses offenses, in any state or federal jurisdiction:
jurisdiction, the Board shall not issue a license or renew a previously issued license to this person
and employers shall not hire or contract with the person:
(1) assault,
(2) battery,
(3) indecent exposure and indecent exhibition, except where such offense disqualifies the person
as a registered sex offender,
(4) pandering,
(5) burglary in the first or second degree,
(6) robber robbery in the first or second degree,
(7) robber robbery or attempted robbery with a dangerous weapon, or imitation firearm,
(8) arson in the second degree,
(9) unlawful manufacture, distribution, prescription, or dispensing of a Schedule I through V
drug as defined by the Uniform Controlled Dangerous Substance Act (noting that "possession"
of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substance Act
is no longer a barrier offense),
(10) grand larceny, or
(11) petit larceny or shoplifting.
to any felony or to any misdemeanor involving moral turpitude, the individual's application for
licensure may be disapproved.
(f) To be eligible for a license, applicants must be able to effectively communicate with all individuals
and entities related to all required administrator functions.
Each applicant shall report to the Board any adverse action taken by any licensing or certification entity
in any jurisdiction. The Board shall examine the reasons for the action(s) and may consider this
information in granting or denying a license. The applicant is required to report all jurisdictions where
they've held a license and/or applied for licensure and been denied. Licensure denial is an adverse
action and is required to be reported to the NPDB.
(g) Each applicant shall be in compliance with State income tax requirements pursuant to 68 O.S.,
238.1. Each applicant must meet all other requirements prescribed by the Department.
(h) Each applicant shall remit any and all required fees associated with obtaining a license, including
any outstanding fees or fines.
(i) Each applicant must have a working ability in the English language sufficient to communicate, both
orally and in writing, with residents, family members, employees, the general public, and
representatives of State and federal agencies and to engage in the practice of long term care
administration.
(j) (h) Each applicant shall meet all other appropriate conditions and requirements as may be prescribed
by the Board. Each applicant must disclose, for the Department to consider when making a
determination on the issuance of a license, all other jurisdictions in which:
(1) A license has been applied for;
(2) A license has been issued; and
(3) Any disciplinary or enforcement action taken by another licensing authority.
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(k) (i) When the Board denies an application for licensure, the Board will not reconsider such denial. A
person cannot reapply for licensure until one year of the date of denial
The required fee and a correctly completed application form demonstrating all requirements are met
must be submitted to the Department by the applicant before a license may be issued.
(l) (j) The application shall be considered incomplete until all requirements have been met, to include
any additional requirements prescribed by the Board for each license type. Board conducted training
includes Administrator University and any initial qualification training such as the optional reviews for
exams or Adult Day Care training. Approved initial qualification training conducted externally, such as
training approved for RC or RCAL licensure, is not considered "Board conducted" and those applicants
have to meet the prerequisites prior to testing or attending any "Review" courses the Board may offer.
The Department will notify the applicant when an application is missing any requirements. An
applicant may submit additional documentation demonstrating compliance with licensure requirements
for the Department to review. If an applicant is not eligible for a license, the Department will issue a
denial letter specifying the reasons for the denial. Licensing denials will be reported to NPDB.
(m) (k) In accordance with the requirements detailed at 59 O.S. 4100.4(A), it shall be incumbent upon
the applicant to bring any equivalent education, training and experience completed while in the Armed
Forces to the attention of OSBELTCA staff during the application process. The staff shall accept and
apply satisfactory evidence of this equivalent education, training and experience in a manner most
favorable to the satisfying qualification requirements of the license and/or approval for license
examination(s). In accordance with 59 O.S. 4100.4(A) The Department will review education, training,
and experience completed by the individual as a member of the Armed Forces or Reserves of the
United States, National Guard of any state, or the Naval Militias of any state, and apply it in the manner
most favorable toward satisfying the qualifications of issuance of the requested license or certification
or approval for license examination in this state.
(n) (l) In accordance with 59 O.S. 4150.1, the Department will honor the requirements in the Universal
Licensing Act.