Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Accredited college" or "university" means a college or university that is domiciled within the United States and that is accredited by: the North Central Association of Colleges and Schools, The Higher Learning Commission; the Southern Association of Colleges and Schools, Commission on Colleges; the Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities; the New England Association of Schools and Colleges, Commission on Institutions of Higher Education; the Middle States Association of Colleges and Schools, Middle States Commission on Higher Education; or the Northwest Commission on Colleges and Universities. "Administrator-In-Training" “Administrator in Training” or "AIT" means an individual serving participating in a Board Department-approved internship within the facility type for which he the intern is seeking licensure/certification licensure or certification under the supervision of a Department-approved preceptor 'certified' by the Board. These individuals may also be referred to as an intern or trainee. Individuals serving an AIT internship may also be referred to herein as 'intern/trainee'. "Administrator" means any individual duly licensed or certified to operate as a long-term care facility administrator by the Board Department regardless of the role or function he performs. "Administrator of Record" or "AOR" means the administrator licensed by this Board Department who has the authority and responsibility for the total operation of the facility, subject only to the policies adopted by the governing authority. "Adult Day Care (ADC) Administrator" means a long term care administrator (or director) duly licensed by the Board to serve in this capacity in an Adult Day Care Center. The scope of practice of an individual licensed as an Adult Day Care Administrator is limited to a licensed Adult Day Care Center. "Adult Day Care (ADC) Center" shall have the same meaning as means such term is as defined in the Adult Day Care Act, Title 63 O.S. Section 1-870 et seq. "Adverse action" means revocation or suspension of a license, reprimand, censure or probation; any other loss of or restriction placed upon the license, including, but not limited to the right to apply for, or renew a license; voluntary surrender in lieu of discipline, non-renewal (excluding nonrenewal due to non-payment of fees, or retirement); administrative fines and any other negative action or finding by the Board Department. "Assisted Living Center" shall have means the same meaning as such term is as defined in the Continuum of Care and Assisted Living Act, Title 63 O.S. Section 1-890.1 et seq. Also known as an Assisted Living Facility (ALF). "Board" means the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) or its staff. "Certification" contextually, prior to the effective date of these rules, means the authorization granting a person the privilege of serving as a long term care administrator and continues until licensed in accordance with these rules or until October 1, 2012, whichever occurs first. The exception is the certified assistant administrator (CAA) which this Board continues to certify. Certification after the effective date of these rules pertains to the completion of training at an approved institution of higher learning or other body conducting such training (except Administrator University for Nursing Home Administrators and Board conducted training for Adult Day Care administrators). The institution or body certifies that the individual has been properly and completely trained and is prepared, as a prerequisite, for the state standards exam and/or NAB RC/AL exam. Certification of training is a step 7 in the licensure process for RC and RC/AL licensure. means the written authorization from the Department granting a person the ability to serve as a long-term care administrator, for a specific period of time, which requires the person to adhere to the rules, regulations and statutes which govern the certificate. "Certified Assistant Administrator (CAA)" or "Assistant Administrator" as used herein means an individual who has been 'certified' certified by the Board Department as having met the minimum qualifications established by the Board Department to be able to serve as a full-time, Certified Assistant Administrator in a licensed long term long-term care nursing facility, and who acts under the direction, supervision and license of a licensed nursing home long-term care administrator. "Complaint" means an allegation against an individual subject to applicable statutes and/or rules. "Continuum of Care Facility" shall have means the same meaning as such term is as defined in the Continuum of Care and Assisted Living Act, Title 63 O.S. Section 1-890.1 et seq. "Degree equivalency evaluation" means an equivalency evaluation of a degree that was earned from a college or university not domiciled in the United States against a degree earned from an 'accredited college or university' (see definition earlier herein) accredited college or university that is performed by one of the following: (A) Educational Credential Evaluators (ECE) (B) Educational Records Evaluation Service (ERES) (C) International Education Research Foundation Credentials Evaluation Service (IERFCES) (D) World Education Services (WES) "Department" means the Oklahoma State Department of Health (OSDH) "Endorsement" means the applicant has met all requirements for reciprocity. "Formal Complaint" means a formal allegation by the Board that probable cause exists that an individual licensed as a long term care administrator has violated applicable statutes and/or rules. These allegations are written in a legal document filed with the Board by its prosecuting attorney. "Good Standing" means a current license/certification/registration is active and not expired, suspended, revoked, surrendered, conditioned or otherwise in status that in any manner restricts the activity of the holder under its authority restricted. When there is any other history of disciplinary action taken by any jurisdiction against a license, certification or registration, the Board retains sole discretion of evaluating the magnitude of any such action in its determination of an applicant's eligibility for approval in Oklahoma. "Health Services Executive" or "HSE" means a broad-based NAB verified qualification which exceeds this Board's standards to be licensed as a nursing home administrator (NHA). It is not a license and it does not grant the holder of this qualification any additional privileges with the NHA license. broad-based NAB qualification that allows administrators to practice along the senior living and health services continuum and increases the portability of licensure. "Intermediate Care Facility for the Mentally Retarded) (ICF/MR) Individuals with Intellectual Disabilities (ICF/IID)" means a facility with the whose primary purpose is to provide of providing health and rehabilitative services for persons with mental retardation or a related condition, individuals with intellectual disabilities and otherwise meets the Conditions Of Participation (COPs) found at 42 CFR §483.400 et seq. ICF/MR is synonymous with the term ICF/IID (intermediate care facility for individuals with an intellectual disability). "Intermediate Care Facility for the Mentally Retarded Individuals with Intellectual Disabilities, 16 Beds and Less (ICF/MR-16) (ICF/IID-16)" means a facility with sixteen (16) or fewer licensed resident beds that serves persons with mental retardation or with related conditions individuals with intellectual disabilities and that otherwise meets the Conditions Of Participation (COPs) found at 42 CFR §483.400 et seq. "Lapsed License or Expired License" means a license that is no longer valid because the licensee failed to renew his/her license by the renewal deadline, causing the license to lapse or expire. "License" means the written authorization of the Board Department granting a person the privilege of serving ability to serve as a long term long-term care administrator for a specific period of time, and 8 further, a legal instrument obligating that which requires the person to adhere to the rules, regulations and statutes that which govern the license. "Licensing Year" shall mean means the specific period of time a license/certification issued by the Board Department is valid. For purposes of these Rules, the term "licensing year" shall have the same meaning as "calendar year," the time period beginning at 12:01a.m., January 1, and ending as of 12:00 midnight, the same December 31. "Licensure by Endorsement" refers to the process of a jurisdiction granting a license to an applicant who is licensed in good standing and upon proof of requisite experience, education and qualifications at an equivalent designation in another jurisdiction. "Long Term Long-Term Care" primarily for the purposes of this board, as used herein, includes means care given at facilities where a licensed long term long-term care administrator is required such as a nursing facility, assisted living facility, residential care facility or facility, an adult day care center, or intermediate care facility. It does not encompass temporary care situations such as a swing bed hospital. "Long-term care administrator" means a person licensed or certified as a Tier 1 long-term care administrator or Tier 2 long-term care administrator under … the Long-Term Care Administrator Licensing Act. A long-term care administrator must devote at least one-half (1/2) of such person's working time to on-the-job supervision of a long-term care facility; provided that this requirement shall not apply to an administrator of an intermediate care facility for individuals with intellectual disabilities with sixteen or fewer beds (ICF/IID-16), in which case the person licensed by the state may be in charge of more than one ICF/IID-16, if such facilities are located within a circle that has a radius not more than fifteen (15) miles, and the total number of facilities and beds does not exceed six facilities and sixty-four beds. The facilities may be free-standing in a community or may be on campus with a parent institution. The ICF/IID-16 may be independently owned and operated or may be part of a larger institutional ownership and operation. [Title 63 O.S. § 1-1949.2] "National Association of Long Term Long-Term Care Administrator Boards"("NAB") means an organization is composed of state boards or and agencies responsible for licensing long term long- term care administrators. The basic objective of the NAB is to assist these boards and agencies in carrying out their statutory and regulatory responsibilities in the licensure, re-licensure and regulation of long term care administrators. One of NAB's functions is the development and administration of the national long term care administrator or Nursing Home Administrator (NHA) examination, as well as the Residential Care/Assisted Living (RC/AL) examination. "NAB Domains of Practice" refers to means the content areas of tasks, knowledge, and skills necessary for administration of a long-term care facility. the tasks performed by a long term care administrator and the knowledge, skills and abilities identified by NAB as necessary to perform those tasks in its professional practice analysis. The NAB Domains of Practice can be found on the National Association of Long Term Long-Term Care Administrator Boards (NAB) website at www.nabweb.org. "Notification by OSDH" refers to the OSDH (Oklahoma State Department of Health) notifying the Board of survey results of a nursing facility that include a substandard quality of care citation. A notification may become a referral. "Nursing Home and Nursing Facility" shall refer to means both a "Nursing Facility" and "Specialized Facility" Facility," also referred to as "rest home" or "specialized home," as such terms are defined in the Nursing Home Care Act, Title 63 O.S. Section 1-1901 et seq. and/or as defined at 42 CFR §483.1 et seq. "Nursing Home Administrator (NHA)" means a long term care administrator duly licensed by the Board to serve in this capacity in a nursing facility, nursing home, skilled nursing facility or any similarly worded facility type. Their scope of practice includes ICF/MR, RCF, ALF and Adult Day Care Centers and the term is synonymous with nursing facility administrator. "Preceptor" means an individual qualified by training and experience, who is currently licensed as a long term long-term care administrator in Oklahoma, is 'certified' by the Board authorized by the Department as a qualified preceptor and is charged with coordinating the training of an individual 9 authorized to operate as an administrator in training. AIT intern/trainee who is enrolled in a Board- approved Administrator-in? Training (AIT) internship program. "Probation" is a condition(s) imposed for a specified period of time at the initial issuance of a license or contained in an order resulting from a complaint against the administrator. "Provisional license" means the temporary authority to serve as a long term long-term care administrator as granted by the Board the Department to an individual of good character who meets the appropriate conditions and requirements prescribed by the Board for provisional licensure. "Residential Care/Assisted Living (RC/AL) RC/AL Administrator" means a long term care administrator duly licensed by the Board to serve in this capacity in either or an RCF or ALF. The scope of practice of an individual licensed as an RC/AL administrator is limited to either a licensed Residential Care Facility (RCF) or a licensed Assisted Living Facility (ALF). "Reciprocity" means the licensure process through which candidates licensed in other states may be granted a license in Oklahoma once they have demonstrated the requirements for licensure for the state in which they are currently licensed have substantially equivalent requirements to those in this state and meet any residency requirements. refers to the acceptance of an actual license wherein a jurisdiction chooses to recognize the education, experience and qualifications that a licensee has obtained from another state. To have an out-of-state long-term care license accepted in Oklahoma, a licensee from another state is required to register with this Board and prove that equivalence. It is similar to licensure by endorsement but different in that with reciprocity, no new license is issued. "Referral or Report" means an issue or concern regarding a long term care administrator that has been reduced to writing and is forwarded to the Board for a determination as to whether a violation of the Board's Rules has occurred. Such referral or report may be made by an individual or agency. "Residential Care (RC) Administrator" means a long term care administrator duly licensed by the Board to serve in this capacity in only an RCF. The scope of practice of an individual licensed as a Residential Care Administrator is limited to a licensed Residential Care Facility (RCF). "Residential Care Home" or "Residential Care Facility (RCF)" means shall have the same meaning as such term is defined in the Residential Care Act, Title 63 O.S. Section 1-819 et seq. "Revocation or Revoked License" means is a sanction an enforcement imposed upon a license/certificate license or certificate by the Board Department that results in a complete loss termination of license/certificate license or certificate and all privileges attendant thereto and requires holder to surrender his license/certificate the license or certificate, the annual license/certificate renewal card and all other license or certificate-related documents to the Board Department. "Specialized facility" shall have means the same meaning as such term is defined in the Nursing Home Care Act, Title 63 O.S. Section 1-1901 et seq. "Suspension or Suspended License" is a sanction means an enforcement imposed upon a license/certificate license or certificate holder by the Board Department for a designated period of time where the individual is not authorized to work in the capacity of an administrator until all the requirements for reinstatement of the licensure are met. The licensee retains his license/certificate and his annual renewal card and therefore must renew the license, yet he shall not function in the capacity as a long term care administrator until the Board determines that conditions responsible for the suspension no longer exist, any or all other restoration requirements imposed by the Board Department have been met, and the Board has restored his status. "Tier 1 long-term care administrator" means a person licensed by this state to perform the duties of an administrator serving in a skilled nursing or nursing facility or an intermediate care facility for individuals with intellectual disabilities with seventeen or greater beds (ICF/IID). [63 O.S.§ 1-1949.2] Licensed Tier 1 long-term care administrators may serve as administrator over all long-term care facility types. "Tier 2 adult day care (ADC) administrator" means a tier 2 long-term care administrator licensed by the Department to serve in an Adult Day Care Center. 10 "Tier 2 ICF/IID-16 administrator" means a tier 2 long-term care administrator licensed by the Department to serve in an intermediate care facility for individuals with intellectual disabilities with sixteen or fewer bed (ICF/IID-16). "Tier 2 long-term care administrator" means a person licensed or certified by this state to perform the duties of an administrator serving in an assisted living facility, residential care facility, adult day care center, or intermediate care facility for individuals with intellectual disabilities with sixteen or fewer beds (ICF/IID-16.; [63 O.S.§ 1-1949.2] "Tier 2 residential care/assisted Living (RC/AL) administrator" means a tier 2 long-term care administrator licensed by the Department to serve in a residential care facility or an assisted living facility. "Upper-level management" means an individual who has had supervisory experience over multiple staff and who has been actively involved with strategic decision-making and planning. SUBCHAPTER 3. OKLAHOMA STATE BOARD OF EXAMINERS FOR LONG TERM CARE ADMINISTRATORS [REVOKED]