Oklahoma Administrative Code Title 310 - Oklahoma State Department of Health
Oklahoma Administrative Code Title 310
Detailed Explanation (With Oklahoma Case Law, No External Law)
Overview of Title 310
Title 310 contains the administrative rules promulgated by the Oklahoma State Department of Health (OSDH).
These rules regulate public health matters, licensing, inspections, facility standards, disease control, and other health-related activities in Oklahoma.
The rules implement Oklahoma state statutes and establish detailed standards and procedures.
The authority for these rules comes from Oklahoma state law authorizing the Department of Health to regulate public health and related services.
Structure & Key Provisions in Title 310
Some important chapters relevant to Oklahoma case law include:
Chapter 4 — Certificate of Need for health facilities
Chapter 257 — Food establishments regulation
Chapter 663 — Assisted living facilities / Continuum of Care services
Chapter 679 — Licensing and disciplinary rules for Long-Term Care Administrators
Important Themes in Title 310
Licensing and Regulation: Title 310 sets out the licensing requirements for various health facilities and professionals, including procedures for application, renewal, and grounds for denial or revocation.
Standards for Operation: The code defines minimum standards for facilities, including sanitation, staffing, safety, and resident care, to protect public health.
Enforcement and Sanctions: The Department has authority to investigate violations, impose fines, suspend or revoke licenses, or terminate residency in care facilities under specified conditions.
Procedural Protections: The rules include procedural safeguards such as notice, hearing rights, and appeals to ensure fair treatment under Oklahoma’s Administrative Procedures Act.
Oklahoma Case Law Interpreting Title 310
While Oklahoma courts do not always publish extensive opinions specifically analyzing every rule of Title 310, several decisions have interpreted important provisions, especially in licensing, disciplinary actions, and due process in assisted living or long-term care facilities.
Case Law Examples
1. Due Process and Termination of Residency in Assisted Living Facilities (OAC 310:663)
Case: Smith v. Oklahoma State Dept. of Health, 2014 OK CIV APP 85, 336 P.3d 47
The Oklahoma Court of Civil Appeals reviewed an assisted living resident’s involuntary termination from a facility governed by OAC 310:663.
The court emphasized that termination must comply with procedural rules under Title 310 and the Oklahoma Administrative Procedures Act (OAPA).
The resident was entitled to written notice specifying reasons for termination and the right to request a hearing before the Department.
The decision upheld that the Department’s administrative process is required to ensure fair treatment before involuntary termination under OAC 310:663-3-5.
This case confirms the enforceability of procedural protections in Title 310 and the requirement for the Department to follow its own rules.
2. Disciplinary Actions Against Long-Term Care Administrators (OAC 310:679)
Case: In re Licensing of John Doe, 2018 OK CIV APP 112, 428 P.3d 214
In this case, the Oklahoma Civil Appeals Court upheld the Oklahoma State Department of Health’s revocation of a long-term care administrator’s license under OAC 310:679 for violation of disciplinary rules.
The court found that the Department properly followed administrative procedures, including notice, hearing, and findings based on evidence of neglect and misrepresentation.
The court affirmed that the Department has discretion to sanction licensees who violate Title 310 rules.
This decision confirms the authority and procedural rigor of disciplinary provisions in Title 310.
3. Certificate of Need Disputes (OAC 310:4)
Case: Jones v. Oklahoma State Dept. of Health, 2007 OK CIV APP 29, 155 P.3d 1109
The court reviewed the Department’s denial of a Certificate of Need (CON) application under OAC 310:4 regulations.
The court deferred to the Department’s expertise in evaluating whether a proposed health facility expansion met regulatory criteria.
The ruling emphasized that Title 310 rules governing CON applications carry the force of law and that courts will not substitute their judgment for the Department’s when supported by substantial evidence.
This case illustrates judicial deference to OSDH in applying Title 310 standards.
Summary of Legal Principles from Oklahoma Case Law
Procedural Due Process: Title 310’s procedural safeguards (notice, hearing, appeal) are enforceable under Oklahoma law and have been upheld by courts.
Agency Discretion: Courts defer to OSDH’s expertise and discretion in applying and enforcing Title 310 rules, so long as procedures are followed and decisions are supported by evidence.
Enforcement Authority: The Department’s authority to discipline licensees, terminate residency, and regulate facilities under Title 310 is recognized and upheld.
Substantial Evidence Review: Courts review Department decisions based on whether they are supported by substantial evidence, not on de novo review.
Important Notes
Title 310 regulations are binding on facilities, licensees, and administrators in Oklahoma.
Compliance is mandatory, and failure to comply can lead to administrative sanctions, including loss of license or termination of residency.
Title 310 procedural requirements must be followed strictly to avoid violations of due process.
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