Definitions

When used in this Chapter the following words or terms shall have the following meaning unless the context of the sentence requires another meaning. "Abuse" means any intentional or negligent act or omission, directly and proximately resulting in physical or mental injury to a resident of a facility. "Access" means the right of a person to enter a home to communicate privately and without unreasonable restriction. "Administration" means the removing of a single dose of medication from a labeled container and preparing that dose for distribution. "Administrator" means the person who is in charge of a home and denotes one-third (1/3) of his/her full working time to on-the-job supervision of such home. "Ambulatory" means any resident who is capable of self-movement, including in and out of wheelchairs, to all areas of the home. "Department" means the State Department of Health. "Dispensing" means transferring one or more doses of medication from OAC 310:680 OKLAHOMA STATE DEPARTMENT OF HEALTH 2 October 01, 2017 one labeled container to another labeled container. "Habilitation" means procedures and interventions designed to assist a mentally ill, drug dependent or alcohol-dependent person eighteen (18) years of age or older to achieve greater physical, mental and social development by enhancing the well-being of the person and teaching skills which increase the possibility that the resident will make progressively independent and responsible decisions about social behavior, quality of life, job satisfaction and personal relationships. "Home" means residential care home. "Institution of higher learning" means an institution which provides post-secondary school programs. "Licensee" means a person, corporation, partnership, or association who is the owner of a home which is licensed pursuant to the provisions of the Residential Care Act. "Maintenance" means meals, shelter, and laundry services. "Medication" means a prescription drug or an over-the-counter drug prescribed by a person licensed to prescribe. "Monitor" means watch, observe, check and keep track of for a special purpose. "Neglect" means any act of omission or commission by any owner, operator, administrator, licensee or any agent, servant, employee or other person under the employment, supervision or control of any one or more of the owners, operators or administrators, and which act is a direct and proximate cause of any physical or mental injury to a resident. "Owner" means a person, corporation, partnership, association or other entity which owns a home or leases a home. The person or entity who stands to profit or lose as a result of the financial success or failure of the operation shall be presumed to be the owner of the homes. "Personal care" means assistance with meals, dressing, movement, bathing, or other personal needs or maintenance or general supervision of the physical and mental well-being of a person who is capable of maintaining a private, independent residence, or who is incapable of managing his person whether or not a guardian has been appointed for such person. "Representative of a resident" means a court-appointed guardian, or if there is no court-appointed guardian, the parent of a minor, a relative or other person designated in writing by the resident. An owner, agent, or employee of a home shall not be a representative of a resident unless such person is appointed by the court. "Residential Care Home" means (A) Any establishment or institution other than a hotel motel, fraternity or sorority house, or college or university dormitory which offers or provides residential accommodations, food service and supportive assistance to any of its residents or houses any resident requiring supportive assistance who are not related to the owner or administrator of the home by blood or marriage. Said residents shall be ambulatory and essentially capable of managing their own affairs, but do not routinely require skilled nursing care or intermediate care. (B) Transitional Living facility and halfway houses are defined in section 3-403 of Title 43A of Oklahoma Statutes. (C) A residential care home may consist of a series of units or OAC 310:680 OKLAHOMA STATE DEPARTMENT OF HEALTH 3 October 01, 2017 buildings which are not connected or part of the same structure if: (i) Such buildings or units are owned by the same owner or operator. (ii) All residents of the units or buildings are fully capable of ambulation to and from buildings or units. (iii) The location and construction of the building or units ensure the health, safety and protection from fire hazards and other hazards and provide for the convenience and accessibility of the residents to each residential building or unit. (iv) Any out-of-doors premise or thoroughfare is adequately maintained to ensure the health and safety of the residents. (v) The building or units are within one hundred seventy-five (175) feet of the building housing the main kitchen and dining room. (vi) The units or buildings must be located in the most convenient and accessible location for residents. "Residential Care Certification" means a program in a residential care home certified by and contracted with the Department of Mental Health to provide specialized services to residents who are mentally ill. "Self-administration" means the administration of resident's medication by the resident with periodic staff review. "Supportive assistance" means the service rendered to any person which is sufficient to enable the person to meet an adequate level of daily living. Supportive assistance includes but is not limited to housekeeping, assistance in the preparation of meals, assistance in the safe storage, distribution and administration of medications, and assistance in personal care as is necessary for the health and comfort of such person. The term "supportive assistance" shall not be interpreted or applied so as to prohibit the participation of residents in housekeeping or meal preparation tasks as a part of the written treatment plan for the training, habilitation or rehabilitation of the resident prepared with the participation of the resident, the mental health or drug or alcohol services case manager assigned to the resident and the administrator of the facility, or his designee. Supportive assistance shall not include medical service. "Transfer" means a change in location of living arrangements of a resident from one home to another home. 310:680-1-3. Purpose, authority and indoor tobacco smoke (a) The purpose of this section is to establish a prevention program for several non-communicable diseases, which will improve the health of Oklahomans by eliminating exposure to secondhand tobacco smoke and its deadly effects. This section abates the public health nuisance of secondhand smoke under the authority of the Commissioner of Health as specified under Section 1-106(b)(1) of Title 63 of the Oklahoma Statutes. This section also further specifies how compliance with the Smoking in Public Places Act will be accomplished. [63 O.S. §§ 1-1521 et seq.] (b) The Commissioner of Health has conducted a study and is recommending these measures to the Board of Health under his authority OAC 310:680 OKLAHOMA STATE DEPARTMENT OF HEALTH 4 October 01, 2017 as stated in section 1-106 of the Public Health Code. [63 O.S. § 1- 106] The Board has the authority to establish prevention programs for non-communicable disease and to promulgate rules for the control of causative or toxic substances, which can cause disease under section 1-502b of the Public Health Code. [63 O.S. § 1-502b] The Board is adopting this rule under its authority in sections 1-104 and 1-1526 of Title 63 of the Oklahoma Statutes. [63 O.S. §§ 1-104 & 1-1526] (c) Smoking or possessing a lighted tobacco product is prohibited in a home and within fifteen (15) feet of each entrance to a home and of any air intakes; provided however, the home may provide a smoking room not available to the public for use by residents. (d) An indoor smoking room may be provided if: (1) It is completely enclosed; (2) It is exhausted directly to the outside and maintained under negative pressure sufficient to prevent any tobacco smoke from entering non-smoking areas of the building; (3) It allows for visual observation of the residents from outside of the smoking room; and (4) The plans are reviewed and approved by the Department. (e) To enable better observation and supervision of residents who wish to smoke outside, a facility may designate a smoking area outside an entrance other than the main entrance which may be closer than fifteen (15) feet to the entrance providing consideration is given to minimizing the possibility of smoke entering the building. (f) The walkway to the main entrance shall also be smoke free. (g) No ashtray shall be located closer than fifteen (15) feet to an entrance, except in an indoor smoking room or a designated outdoor smoking area under paragraph "c" above. (h) Should construction requirements not be in agreement with this rule, the stricter rule shall apply. (i) The facility’s tobacco use policy shall be clearly posted near the main entrance, and prospective residents or their legal representatives shall be notified of the policy prior to the residents’ acceptance for admission. [Source: Added at 19 Ok Reg 2119, eff 7-01-2002] SUBCHAPTER 3. LICENSURE REQUIREMENTS