Current through Vol. 42, No. 1, September 16, 2024
(a) An entity shall file an application
provided by the Department.
(b) An
entity may not operate a nurse aide training and competency examination program
prior to the approval of the Department.
(c) The application will include:
(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) 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. 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.
(e) The Department may waive for a period not
to exceed two years the imposition of (d) 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;
(3)
The Department provides notice of such determination and assurances to the
Oklahoma Long Term Care Ombudsman; and
(4) The penalty or remedy was not related to
the quality of care provided to residents.
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