SECTION 310:675-13-12. Direct care staffing

(a)   Each facility shall maintain at least the minimum direct-care-staff-to-resident ratios specified in the Act at 63:1-1925.2.

(b)   A licensed nurse shall be on duty eight hours a day, seven days a week on the day shift.

(c)   If the director of nursing is a licensed practical nurse, a registered nurse shall be employed for at least eight hours per week as a consultant.

(d)   There shall be a licensed nurse on duty twenty-four hours per day; provided however, that a facility licensed as a specialized facility for individuals with intellectual disabilities shall only be required to provide 24 hour nursing when it has a resident who has a medical care plan. The department may waive this requirement when the facility demonstrates it has been unable, despite diligent effort, to recruit licensed nurses. The Department shall determine that a waiver of this requirement will not endanger the health or safety of the residents.

(e)   There shall be at least one certified medication aide on duty when any shift is not covered by a licensed nurse.

(f)   At least two direct care staff persons shall be on duty and awake at all times regardless of the number of residents.

(g)   Willful violation of the requirements regarding direct-care staff shall be determined based on a review of facility staffing records and interviews with staff, residents, resident family members and/or guardians, and other parties which may have information relevant to the investigation. The determination by the Department of Health will include, but will not be limited to, the following factors:

(1)   The nature, circumstances and gravity of the violations;

(2)   The repetitive nature of the violations at the facility or others operated by the same or related entities;

(3)   The previous degree of difficulty in obtaining compliance with the rules at the facility or others operated by the same or related entities; and

(4)   Any substantial showing of good faith in attempting to achieve continuing compliance with the provisions of the Nursing Home Care Act.

[Source: Added at 9 Ok Reg 3163, eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 10 Ok Reg 4227, eff 8-1-93 (emergency); Amended at 11 Ok Reg 3851, eff 7-11-94; Amended at 18 Ok Reg 2533, eff 6-25-01; Amended at 18 Ok Reg 3599, eff 8-22-01 through 7-14-02 (emergency); Amended at 20 Ok Reg 2399, eff 7-11-03; Amended at 36 Ok Reg 1748, eff 9-13-19]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 310:675-13-12 reverted back to the permanent text that became effective 6-25-01, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 7-11-03.