Current through Vol. 42, No. 1, September 16, 2024
(a)
Regular license. A regular
license is valid for 36 months from date of issue. A license may be issued upon
receipt of completed application, payment of license fee, and verification by
the Department that the home is in compliance with this Chapter and the Act. A
nonrefundable $75 fee must be included with a regular license application. [63
O.S. § 1-822(A)]
(b)
Renewal license.
Renewal licenses may be issued for a
period of more than twenty-four (24) months, but not more than thirty-six (36)
months, for the license period immediately following November 1, 2021, in order
to permit an equitable distribution of license expiration dates. [63
O.S. § 1-822(A)] Thereafter, all renewal licenses will be for 36 months. A
nonrefundable fee of $25 per year for the renewal license must be included with
the renewal application. [63 O.S. § 1-822(A)].
(c)
Probationary license. Before
an applicant is eligible to apply for a regular license, it must first apply
and receive a probationary license. A probationary license shall be valid for
one hundred twenty (120) days unless sooner suspended or revoked by the
Department. A nonrefundable $50 fee must be included with a probationary
license application. [63 O.S. § 1-822(A)]. Prior to issuance of a
probationary license, the Department shall:
(1) Ascertain whether or not the applicant is
qualified to be licensed.
(2)
Inspect the home and inform the applicant of any condition which requires
correction prior to issuance of a license. If the home is a new home, the
Department shall also inform the applicant of any conditions which require
correction prior to acceptance of residents into the home.
(3) If the home is an existing home whose
ownership is being transferred, the probationary license issued to the
transferee, in addition to any corrections required as a result of the
inspection, shall be subject to any plan of correction submitted by the
previous owner and approved by the Department.
(d)
Conditional license.
(1) If the Department finds that a
residential care home is in violation of the Residential Care Act or this
Chapter, then it may revoke the residential care home's regular license and
issue it a conditional license. There is no fee associated with this change in
license status.
(2) Prior to the
issuance of a conditional license, the Department shall review and approve a
written plan of correction. The Department shall specify the violations which
prevent full licensure and shall establish a time schedule for correction of
the violation. Written notice of the decision to issue a conditional license
shall be sent to the residential care home, together with the proposed plan of
correction. The notice shall inform the home of the right to an informal
conference prior to issuance of the conditional license, and its right to a
full hearing.
(3) A conditional
license shall be issued for a period specified by the Department, but in no
event for more than one (1) year.
(4) The Department shall periodically, but
not less than semiannually, inspect any home operating under a conditional
license. If the Department finds substantial failure by the residential care
home to follow the plan of correction, the conditional license may be
revoked.
(5) If the Department
determines that a conditional license shall expire without renewal or
replacement of the conditional license by a regular license, the Department
shall notify the licensee at least thirty (30) days prior to expiration of the
license. The licensee is entitled to a hearing if requested prior to expiration
of the conditional license.
