SECTION 490:10-13-3. Requirements for administrators who serve as the Administrator-of-Record of two (2) or more licensed long term care (nursing) facilities employing Certified Assistant Administrators

(a)   The Administrator-of-Record is responsible for ensuring that all minimum requirements delineated herein and in the Nursing Home Care Act (see Title 63, Section 1-1943.1) relating to individuals who wish to serve in the capacity of Certified Assistant Administrator (CAA) are met prior to the delegation of duties and responsibilities to such individual.

(b)   The Administrator-of-Record shall provide qualified individuals serving as a CAA with adequate authority and responsibility to administer those aspects of the operations of the facility that are to be delegated to them, including the authority to act in an emergency.

(c)   The Administrator-of-Record shall clearly, and in writing, develop a formal job description for the position of CAA, wherein the duties and responsibilities of the individual serving as a CAA are clearly delineated.

(d)   The Administrator-of-Record shall provide supervision, training and direction to the CAA and delegate only those duties and responsibilities that may safely be performed by the individual filling that role and that are not otherwise proscribed by law, rule or statute.

(e)   The Administrator-of-Record, being licensed by the Board, is legally and ultimately responsible for the management and operation of the facility and, as such, shall maintain sufficient on-site presence in the facility to effectively supervise the CAA.

(f)   The Administrator-of-Record shall ensure the CAA does not concurrently serve as CAA of more than one (1) long term care facility.

(g)   The Administrator-of-Record shall spend at least ten (10) hours per calendar week on-site in the facility, providing guidance and direction to the CAA, and further, such on-site supervisory visits shall not be more than ten (10) calendar days apart.

(h)   The Administrator-of-Record shall establish a clearly-written policy delineating who the individual residents, residents' family members and/or guardians, and facility staff should contact when the Administrator-of-Record is absent from the facility as well as the procedure that is to be utilized that clearly indicates 'when' and 'how' such contact shall be made. The policy and procedure shall be provided to residents, residents' family and/or guardians, and facility staff and shall be posted in a conspicuous place in the facility.

(i)   The Administrator-of-Record shall not delegate nor cause to be delegated to the CAA any duty or responsibility that has been specified in State or federal law, statute, rule or regulation as being a duty or responsibility that can only be performed by a duly licensed Administrator or any duty or responsibility that is otherwise prohibited by State or federal law, statute, rule or regulation.

(j)   The Administrator-of-Record shall ensure that no individual serve as the CAA if that individual holds a license granted by this Board, but which license is suspended, revoked or otherwise restricted, or if that individual has been sanctioned (formally excluded from participation in federally-funded health programs) by the U.S. Department of Health and Human Services (DHHS), Office of Inspector General (OIG).

(k)   The Administrator-of-record shall ensure that no individual serves as a CAA if the facility at which the Assistant Administrator is to serve is not one of two-or-more facilities at which the Administrator serves as the Administrator-of-Record, that have a total bed complement not to exceed one-hundred-twenty (120) occupied beds and that are located with a fifty (50) mile radius of each other.

(l)   The Administrator-of-Record shall establish a requirement for the certified assistant administrator to successfully complete no less than twenty-four (24) continuing education clock hours during each licensure period as a condition of employment and shall be responsible to ensure the certified assistant administrator(s) working under their license has renewed their certification with the Board by the end of each licensure period.

[Source: Added 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 34 Ok Reg 1856, eff 9-11-17; Amended at 35 Ok Reg 1895, eff 10-1-18]