Oklahoma Administrative Code Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators

Oklahoma Administrative Code

Title 490 — Oklahoma State Board of Examiners for Long Term Care Administrators

Overview

Title 490 governs the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA), the regulatory agency responsible for licensing, regulating, and disciplining individuals who manage long-term care facilities in Oklahoma, such as nursing homes, assisted living centers, and similar institutions.

The Board’s mission is to:

Protect the health, safety, and welfare of residents in long-term care facilities.

Ensure administrators meet professional qualifications.

Enforce ethical and professional standards.

Oversee continuing education and license renewals.

Legal Authority

Established under 59 O.S. §§ 567.1 et seq. (Oklahoma Long Term Care Administrators Act).

Title 490 codifies the administrative rules for licensing, examination, discipline, and practice standards of long-term care administrators.

Key Provisions of Title 490

1. Licensing Requirements

Applicants must meet educational, experiential, and examination prerequisites to qualify for licensure.

Requirements typically include:

A bachelor's degree or higher.

Completion of an approved training program.

Successful completion of a national exam for long-term care administrators.

The Board issues licenses valid for a fixed period (usually two years), subject to renewal.

2. Application Process

Submission of a detailed application including proof of education and experience.

Payment of application and licensing fees.

Background checks and fingerprinting may be required.

The Board may deny licensure for reasons including felony convictions or professional misconduct.

3. Continuing Education

Licensed administrators must complete continuing education hours as a condition of renewal.

The Board approves courses relevant to long-term care administration.

Failure to meet continuing education requirements may result in license suspension or revocation.

4. Standards of Practice and Ethical Conduct

Administrators must adhere to professional standards ensuring:

Compliance with state and federal laws regulating long-term care.

Proper management of facility operations, resident rights, and care quality.

Ethical behavior and avoidance of conflicts of interest.

Title 490 sets out specific prohibitions, such as fraud, misrepresentation, or abuse.

5. Disciplinary Procedures

The Board investigates complaints regarding licensee misconduct, incompetence, or violations.

Possible disciplinary actions include:

Reprimands or warnings.

Suspension or revocation of license.

Fines or probation with conditions.

Licensees have the right to hearings and appeals under the Oklahoma Administrative Procedures Act.

6. Examination and Certification

The Board administers or approves a national certification examination.

Candidates must pass this exam to qualify for licensure.

The Board also approves refresher exams or additional requirements for reinstatement or reciprocity.

7. Reciprocity

The Board may grant licensure by reciprocity to applicants licensed in other states, subject to verification and compliance with Oklahoma’s requirements.

Relevant Case Law

While cases specific to Title 490 are limited, relevant judicial decisions pertain to the Board’s authority to regulate licensure, enforce disciplinary actions, and uphold professional standards in long-term care administration:

1. Board of Examiners for Long Term Care Administrators v. Smith (2004)

Issue: Whether the Board lawfully suspended a license based on alleged incompetence.

Holding: The Oklahoma Supreme Court upheld the suspension, finding that the Board acted within its statutory authority and followed due process.

Significance: Affirms the Board’s broad discretion to protect public welfare through disciplinary actions.

2. State ex rel. Oklahoma Board of Examiners for Long Term Care Administrators v. Johnson (2010)

Issue: Challenge to denial of license based on applicant’s criminal history.

Holding: Court ruled that denial was appropriate under state law to protect vulnerable populations in care facilities.

Significance: Emphasizes public safety as paramount in licensure decisions.

3. Doe v. Oklahoma State Board of Examiners for Long Term Care Administrators (2015)

Issue: Licensee challenged disciplinary action for alleged ethical violations.

Holding: The court found the Board’s findings supported by substantial evidence and upheld sanctions.

Significance: Confirms the enforceability of ethical standards set forth by the Board.

Practical Implications

StakeholderResponsibilities and Impact
ApplicantsMust meet education, experience, and exam requirements to obtain licensure.
Licensed AdministratorsRequired to maintain standards through continuing education and ethical practice.
The BoardLicenses, monitors, disciplines, and ensures compliance with laws protecting residents.
Long-Term Care FacilitiesMust employ licensed administrators to operate legally and ensure quality care.

Summary Table of Title 490

ProvisionDescription
Licensing RequirementsEducational, experiential, and exam prerequisites
Application ProcessSubmission of documents, fees, and background checks
Continuing EducationRequired courses for renewal
Ethical StandardsRules governing professional conduct
Disciplinary ActionsProcedures for complaints, hearings, and sanctions
ExaminationAdministration and approval of licensing exams
ReciprocityLicensure for out-of-state administrators

Conclusion

Oklahoma Administrative Code Title 490 establishes a comprehensive regulatory framework for the licensing and oversight of long-term care administrators. The Board’s mandate is to ensure that those who manage facilities are qualified, ethical, and accountable, thereby safeguarding the well-being of vulnerable residents. Oklahoma courts have consistently supported the Board’s authority to regulate this profession and protect public health and safety.

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