SECTION 490:10-13-2. Administrator responsibilities

(a)   It is the responsibility of the long term care administrator, as the managing officer of the facility to plan, organize, direct, and control the day-to-day functions of a facility and to maintain the facility's compliance with applicable laws, rules, and regulations. The administrator shall be vested with adequate authority to comply with the laws, rules, and regulations relating to the management of the facility.

(b)   Long term care administrators licensed/certified by the Board shall adhere to the Administrator Code of Ethics as adopted by the Board.

(c)   Nursing home administrators licensed by the Board shall not concurrently serve as the administrator-of-record (AOR) of more than one long term care facility except as otherwise permitted in this Chapter. A licensed nursing home administrator may serve as the administrator of more than one intermediate care facility for the mentally retarded with sixteen or fewer beds (ICF/MR-16), only if such facilities are located within a circle that has a radius of not more than fifteen (15) miles, and the total number of facilities and beds does not exceed the lesser of six (6) facilities or total licensed capacity of sixty-four (64) beds.

(1)   An NHA may not concurrently serve as AOR of more than one long term care facility except where authorized in statute and this chapter. Exceptions are discussed at OAC 490: 10-13-2(c) as it relates to ICF/MR-16; OAC 490:10-13-2(d) as it relates to Assisted Living facilities; OAC 490:10-13-2(e) as it relates to an NHA concurrently serving as AOR of a SNF/NF and another facility which includes an Assisted Living Facility, a Residential Care Facility and/or an Adult Day Care Facility; and OAC 490:10- 13-3 as it relates to the use of a CAA).

(2)   An NHA may not concurrently serve as the Director of Nursing (DON) of a facility while serving as the AOR of a nursing facility.

(3)   When functioning under one of these exceptions, the requirement to designate a person in the facility to act on the AOR's behalf during their absence must be strictly adhered to (see OAC 310, Chapter 675, paragraph (a) for this requirement).

(d)   NHA and RCAL Administrators are limited to serving concurrently as AOR of two (2) Assisted Living Facilities with the requirement that the facilities are within sixty (60) miles of each other and have less than one hundred and thirty (130) occupied beds.

(e)   An NHA may concurrently serve as the AOR of a SNF/NF and one other facility (Assisted Living, Residential Care or Adult Day Care) provided that the two facilities have the same owner, the facilities are within 15 miles, and the number of occupied beds (or occupied beds and participants) does not exceed 130.

(f)   Every person licensed/certified as an administrator and designated the "Administrator-of-Record" (AOR) shall display the appropriate "Certificate of' or "License" in a conspicuous place in the facility or place of business requiring such license/certification. Certified Assistant Administrators (CAAs), where utilized in this capacity, shall display their certification.

(g)   Each licensed/certified administrator shall update their licensure record, online, within fifteen (15) calendar days following the change of his name, business and/or personal mailing address, change in employment or change in employment status, online in the manner as prescribed or as may be prescribed by the Board. The Board will assess a late fee as prescribed at OAC 490:1-7-2 if it is determined that the administrator failed to provide current contact information within this fifteen day period.

(h)   Upon receipt of satisfactory evidence that "Certificate" or "License" has been lost, mutilated, or destroyed, the Board may issue a duplicate replacement license upon payment of a fee as prescribed by the Board at OAC 490:1-7-2.

(i)   To change his name on a "Certificate of License", the licensee must provide legal proof of the name change (e.g., copy of marriage certificate, divorce decree, etc.) before a replacement "Certificate of License" will be issued upon payment of a fee as prescribed by the Board at OAC 490:1-7-2.

(j)   An administrator shall not knowingly initiate contact with an individual currently residing in a long term care facility, or knowingly initiate contact with the family or guardian of an individual currently residing in a long term care facility ,for the purpose of attempting to persuade a change in that individual's residence to another long term care facility.

(k)   An administrator shall not knowingly solicit, or permit an employee to solicit clients for his long term care facility through coercion or harassment. If an administrator has knowledge of such actions by an employee, the administrator shall take such steps as are reasonable and necessary to stop such conduct.

(l)   An Administrator, or applicant for Administrator licensure/certification, in connection with a license/certificate application or an investigation conducted by the Board or an investigation conducted by the Oklahoma State Department of Health, the Oklahoma Department of Human Services, the Oklahoma Health Care Authority, or any other agency of the State or federal government having regulatory responsibility over or relating to the delivery of care to persons in a facility operated or managed by the Administrator, shall not:

(1)   knowingly make a false statement of material fact;

(2)   fail to disclose a fact necessary to correct a misrepresentation known by the Administrator or applicant for licensure/certification to have arisen in the application or the matter under investigation; or

(3)   fail to respond to a demand for information made by the Board or such government agency or any designated representative thereof.

(m)   To enable CEU attribution and uploads by NAB approved CEU providers, all administrators and CAAs will register with the NAB CE Registry.

[Source: Amended and renumbered from 490:10-1-6 at 24 Ok Reg 1608, eff 7-1-07; Amended at 25 Ok Reg 2569, eff 7-11-08; Amended at 26 Ok Reg 2707, eff 7-25-09; Amended at 29 Ok Reg 1334, eff 7-1-12; Amended at 31 Ok Reg 2131, eff 9-12-14; Amended at 34 Ok Reg 1856, eff 9-11-17; Amended at 35 Ok Reg 1895, eff 10-1-18]