SECTION 310:677-3-3. Application

(a)   An entity which desires to sponsor a nurse aide training and competency examination program shall file an application for approval on the forms prescribed by the Department.

(b)   No nurse aide training and competency examination program shall be operated, and no trainee shall be solicited or enrolled, until the Department has approved the program.

(c)   The application requires the following information:

(1)   Name and address for the entity sponsoring the program and for the contact person for the program;

(2)   The location of the administrative office of the program and the location where records are maintained;

(3)   A program plan that follows the curriculum established by the Department including, but not limited to:

(A)   Program objectives;

(B)   A breakdown of the curriculum into clock hours of classroom/lecture, laboratory and supervised clinical instruction;

(4)   A Skills Performance Checklist, documenting the date the nurse aide trainee successfully demonstrated all those basic nursing skills and personal care skills that are generally performed by nurse aides and the signature of the instructor that observed the successful demonstration of the skills. The skills must include the basic nursing skills and personal care skills listed in 42 Code of Federal Regulations (CFR) 483.152 (b)(2) and (3);

(5)   A Training Verification Form;

(6)   A description of the program's standards for classroom and skills training facilities including, but not limited to:

(A)   Heat and cooling systems;

(B)   Clean and safe conditions;

(C)   Adequate space to accommodate all trainees;

(D)   Adequate lighting;

(E)   Proper equipment and furnishings;

(F)   The specific location of the classroom and lab if known at the time of the application; and

(7)   Position descriptions and education and experience requirements for training supervisors and instructors, and the program's procedure for ensuring that supervisors and instructors satisfy such descriptions and requirements.

(d)   The entity shall file an application for each program with a non-refundable application fee.

(e)    A training and competency examination program shall not be offered by or in a facility which, within the previous two years:

(1)   has operated under a registered nurse staffing waiver under Section 1819(b)(4)(C)(ii)(II) or Section 1919(b)(4)(C)(ii) of the Social Security Act; or

(2)   has been assessed a penalty that has been determined, after opportunity for hearing, to be due and payable in an amount of not less than $5,000;

(3)   had a license revoked, a Medicare or Medicaid certification terminated, a denial of payment for new admissions imposed, a temporary manager appointed, or was closed or had residents transferred pursuant to an emergency action by the Department; or

(4)   was found to have provided substandard quality of care. For the purpose of this Section, "substandard quality of care" means one or more deficiencies related to participation requirements under 42 CFR 483.13, Resident Behavior and Facility Practices, 42 CFR 483.15, Quality of Life, or 42 CFR 483.25, Quality of Care. The deficient practice must constitute immediate jeopardy which has caused or is likely to cause serious injury, harm, impairment, or death to an individual resident or a very limited number of residents receiving care in a facility; or deficient practice that results in actual harm to residents' physical, mental and psychosocial well-being and occurs as a pattern affecting more than a very limited number of residents or widespread affecting a large number or all of the facility's residents; or deficient practice that results in potential for more than minimal physical, mental and /or psychosocial harm to residents' that is widespread and affects the entire facility population.

(f)   The Department may waive for a period not to exceed two years the imposition of (e) of this Section and allow the offering of a training and competency evaluation program in, but not by, a facility upon the written request of the facility if:

(1)   The Department determines that no other such program is offered within a round-trip travel time of one hour from the facility;

(2)   The facility has no deficiencies that constitute substandard quality of care at the time of the request and has no deterioration in care that results in substandard quality of care during the waiver period; and

(3)   The Department provides notice of such determination and assurances to the Oklahoma Long Term Care Ombudsman.

(g)   The Department may waive for a period not to exceed two years the imposition of (e)(2) and (e)(3) of this Section and allow the offering of a training and competency evaluation program in, but not by, a facility upon the written request of the facility if the penalty or remedy was not related to the quality of care provided to residents.

[Source: Added at 12 Ok Reg 3087, eff 7-27-95; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 24 Ok Reg 2045, eff 6-25-07]