Oklahoma companion/sitter agency license: non-medical home care without hands-on care

Oklahoma licenses companionship, not just care

Many states let a companion-only business register or operate with no state credential. Oklahoma does neither. Under 63 O.S. § 1-1972(C), “any agency, employer, employee, or designated agent thereof that provides, offers, or advertises companion or sitter services shall become licensed with the State Department of Health” ⁠¹. The OSDH rule is just as broad. No public or private agency or person may “establish, conduct or maintain a sitter or companion service or hold itself out to the public as a sitter or companion service” without the license ⁠².

Advertising alone triggers the requirement. Section 1-1972(E) makes it unlawful for an unlicensed agency to advertise, offer or provide companion or sitter services, or to use the titles “home care agency,” “home health agency” or “senior care agency” ⁠¹. A criminal conviction under subsection D is a misdemeanor. The fine is $500 to $5,000 for each offense, with up to six months in county jail ⁠¹. OSDH can also go to court for an injunction ⁠¹.

The license also affects where your clients come from. Under 63 O.S. § 1-1962(B), acute care, long-term acute care and rehabilitation hospitals, skilled nursing facilities, assisted living facilities, residential care homes, adult day care centers, home care and hospice agencies, physicians, APRNs, physician assistants and state agency employees may refer a client for companion or sitter services only “to an agency licensed to provide such services” ⁠¹. An unlicensed operator is cut off from those referral sources by statute.

What a companion or sitter may do, and where the license stops

The statute defines companion or sitter services as “assistance with household tasks, shopping, meal preparation or planning, and provision of fellowship and other nonpersonal care for the individual including transportation, letter writing, socialization,” provided for pay so the person can stay in their home ⁠¹.

OSDH’s guidance letter is blunt about the limit: “This license allows no hands-on services to be provided,” and it “does not allow for the services defined under the ‘home care services’” ⁠³. The Home Care Act defines home care services as skilled or personal care delivered in the client’s residence for a fee. It defines personal care as “assistance with dressing, bathing, ambulation, exercise or other personal needs” ⁠¹.

Oklahoma also has a middle category that companion agencies sometimes assume they can offer. Standby assistance is “supervision of client directed activities with verbal prompting and infrequent, incidental hands-on intervention only.” The worker who provides it alongside companionship or homemaker services is a supportive home assistant, and the statute defines that person as “an individual employed by a home care agency” ⁠¹. If your service model includes standby help with bathing or walking, plan for the Home Care Agency license, not this one.

Under § 1-1972(H), a licensed home care agency that meets the companion/sitter requirements does not need a second license to offer companionship ⁠¹. If you expect to add personal care within your first years, compare the two routes before you file. The non-medical home care overview explains how the two tiers differ across states.

Who does not need the license

Section 1-1972(F) says the companion/sitter rules do not apply to “any individual not employed by an agency,” or to people exempted under the Home Care Act’s exemption list in § 1-1962 ⁠¹. The statute defines an agency as “any partnership, firm, corporation, association, limited liability company, and any other legal entity authorized to do business in Oklahoma” ⁠¹. Section 1-1972(F) refers to “subsection C” of § 1-1962, but in the statute as published on 2026-10-12 subsection C covers home health aide certification and the exemption list is subsection D. The statute does not resolve the mismatch, so ask OSDH to confirm in writing that it applies the § 1-1962(D) list to companion agencies before you rely on an exemption.

The § 1-1962(D) exemptions most relevant to a companion business are ⁠¹:

• a person acting alone who provides services in the home of a relative, neighbor or friend;
• a person who provides maid services only;
• an individual, agency or organization that contracts with the Oklahoma Health Care Authority under the Home- and Community-Based Waiver for people with developmental disabilities, or with the Department of Human Services for developmental disability community services, but only for the direct care services delivered under that contract;
• a home approved by the U.S. Department of Veterans Affairs as a medical foster home serving three or fewer veterans.

Once you hire caregivers, form an LLC or market to the public, you are an agency, and the license applies. If you are thinking about care in your own home rather than in clients’ homes, see the residential care home and adult day care center guides.

What you need in place before you file

The application has to show that the business already exists and is insured. OSDH’s rules and Form 1273 call for the following.

A registered Oklahoma entity. The license is issued in the entity’s name. Form 1273 asks for proof that the entity name and any d.b.a. “are registered and match the Oklahoma Secretary of State website” ⁠⁴. The guidance letter also lists a trade name report for any d.b.a. ⁠³.

An Oklahoma office open to the public. Each service “shall operate from a place of business which is accessible to the public and physically located in Oklahoma.” Staff must be supervised by personnel at that location, and the license covers only the premises named in the application ⁠². The form also asks for office hours for each day of the week and an after-hours phone number ⁠⁴.

A designated supervisor. The statute requires an individual designated by the entity “to provide supervision of the companion or sitter services” ⁠¹. The rule requires the application to name that person, with “evidence of current licensure and/or training as appropriate” ⁠², and Form 1273 asks for a copy of their license or training ⁠⁴. Neither the statute, Subchapter 8 nor the guidance letter sets a specific credential or number of training hours for this role. Ask the Home Services Division what license or training it will accept for your supervisor before you file.

Workers’ compensation. You must show “participation in a workers’ compensation insurance program for employees who are subject to pertinent labor laws,” and keep it in force for as long as you are licensed ⁠².

Liability insurance. The minimum is $100,000 per occurrence and $300,000 aggregate, maintained at all times ⁠².

A plan of delivery. The initial application must include a plan describing “the scope and range of companion or sitter service available to clients and their families.” It must also describe your record-keeping system ⁠². Each renewal must report any changes to the plan ⁠².

A record-keeping system. The statute sets the minimum contents: each client’s name, address and services; the duties performed on each day of service; and the criminal background checks of your companions and sitters ⁠¹.

A service area. Form 1273 lists all 77 counties, plus an “entire state” option. If you serve only part of a county, you attach a list of the cities you cover ⁠⁴.

Background checks through OKSCREEN

Section 1-1972 requires background checks of companions and sitters “which shall meet the criteria established for certified nurse aides as provided for in Section 1-1950.1” ⁠¹. OSDH’s guidance letter names the system: “the required National Background Check is the Oklahoma Screening and Registry Employee Evaluation Network (OKSCREEN).” OKSCREEN is the department’s provider portal for screening applicants, obtaining fingerprint authorizations and determining employment eligibility ⁠³. You must keep a copy of each employee’s background check ⁠².

Under § 1-1950.1(C), as published on 2026-10-12, a worker cannot be hired if the check shows a conviction, guilty or no-contest plea, or deferred sentence for any of these offenses, at any time ⁠⁶:

• abuse, neglect or financial exploitation of a person in their care
• rape, incest, sodomy, or any crime that led to sex offender registration
• child abuse
• murder or attempted murder
• manslaughter
• kidnapping
• human trafficking
• aggravated assault and battery
• assault and battery with a dangerous weapon
• first-degree arson

A second list bars hiring if less than five years have passed since the sentence was completed. It includes assault, battery, burglary, robbery, second-degree arson, drug distribution offenses, grand larceny, and petit larceny or shoplifting ⁠⁶.

The owners are screened too. The application requires disclosure of every affiliated person: officers, directors, partners, key managers, and anyone holding more than 5% of the applicant’s debt or equity. Item 11 of Form 1273 asks you to list their convictions ⁠⁴. In the signature block, the applicant certifies that they are at least 21, “of reputable and responsible character,” in sound physical and mental health, and have no felony conviction “that would have a bearing on the operation of a sitter-companion agency” ⁠⁴. The conviction list printed on the 12/2020 form is older than the current § 1-1950.1 text, so check both lists against your history.

Filing ODH Form 1273, step by step

1. Register the entity and any trade name

   with the Oklahoma Secretary of State. You will attach proof that the names match ⁠⁴.

2. Secure the office, insurance and supervisor

   The certificate of insurance, workers’ compensation verification and supervisor credentials are all required attachments ⁠⁴.

3. Write the plan of delivery and the record-keeping description

   , and prepare the numbered ownership attachments: 9(a) to 9(c) for owners, managers and affiliated persons; 10(a) to 10(c) for related entities, other home care agencies you have owned or managed in any state, and organizational relationships; and 11 for convictions ⁠⁴.

4. Leave sensitive numbers out

   “All licensure documents submitted to this office become part of public record.” OSDH asks you not to include Social Security numbers or bank account numbers ⁠³.

5. File at least 30 days before you begin operations

   ⁠². Make the check, money order or bank draft payable to the Oklahoma State Department of Health and mail it with the completed application to OSDH Financial Management, Receipting Unit, PO Box 268823, Oklahoma City, OK 73126-8823 ⁠⁴. “An application is not considered to be filed unless it is accompanied by the appropriate form and fee” ⁠².

6. Answer deficiency notices quickly

   An incomplete application is “summarily dismissed after thirty (30) days of applicant notification.” After that you must reapply and pay the fee again ⁠².

7. Prepare for the survey

   OSDH processes applications in the order received. “Upon receipt of a complete application and review of the documents, a survey will be conducted to verify compliance” ⁠³. If the survey cites deficiencies, OSDH issues a written statement of deficiencies and you must answer each one with a written plan of correction ⁠⁵.

OSDH does not publish a processing time for companion/sitter applications. For questions, the Home Services Division is at (405) 426-8470 or [email protected], 123 Robert S. Kerr Ave., Suite 1702, Oklahoma City, OK 73102-6406 ⁠³⁠⁵.

Running the agency once licensed

Individual Service Plans. At the initial evaluation, your supervisor must prepare an Individual Service Plan after consulting the client or the client’s representative. The plan lists the potential services and the requested hours. It must be communicated to the caregiver “prior to or at the time of the delivery of care,” and the supervisor must review and update it at least every six months ⁠². Form 1273 also has you attest that you provide individual service plans and conduct background checks ⁠⁴.

Expiry and renewal. Each license expires “one (1) year after issuance on the last day of the month of issuance” ⁠². The renewal application, with the $500 fee and notice of any changes to the plan of delivery, is due at least 30 days before expiry ⁠². OSDH lists the same attachments for a renewal as for an initial application ⁠⁴.

Moving, selling or closing. You must give OSDH 30 days’ notice before relocating. OSDH then amends the license to the new address ⁠². A buyer must file a new application with the $500 fee at least 30 days before the effective date and include the executed sales agreement ⁠². Renaming a corporate licensee or selling its stock does not trigger this rule ⁠². When you sell or close, you must return the license and tell OSDH in writing where client records will be archived and how they can be accessed ⁠².

Complaints and mediation. OSDH investigates complaints of noncompliance ⁠¹⁠². If an investigation finds against you, you may ask for review by a mediator certified through the Oklahoma Supreme Court’s Alternative Dispute Resolution System. The request must be in writing and must reach OSDH within ten days after you receive the notice of noncompliance ⁠². The statute requires that the mediator or arbitrator not be an OSDH employee ⁠¹.

The Subchapter 8 rule text quoted here was checked on 2026-10-12. The official Oklahoma Administrative Code site did not allow automated access, so confirm the current wording of OAC 310:662-8 at rules.ok.gov before you file.

Sources

1. 1
   Oklahoma Legislature, Oklahoma Statutes Title 63, Home Care Act, 63 O.S. §§ 1-1960 to 1-1972 (including § 1-1972, companion and sitter service licensure) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Oklahoma Administrative Code, Oklahoma Secretary of State, OAC 310:662, Subchapter 8: Sitter or Companion Services (310:662-8-1 to 8-9) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Oklahoma State Department of Health, Medical Facilities Service, Home Services Division, Sitter or Companion Service Guidance Letter Checked 12 Oct 2026 · Back to text ↑
4. 4
   Oklahoma State Department of Health, Application for License to Operate a Sitter or Companion Service Agency, ODH Form 1273 (12/2020) Checked 12 Oct 2026 · Back to text ↑
5. 5
   Oklahoma State Department of Health, Home Services Division: Licensure Applications and Forms Checked 12 Oct 2026 · Back to text ↑
6. 6
   Oklahoma Legislature, Oklahoma Statutes Title 63, 63 O.S. § 1-1950.1: criminal history background checks for nurse aides and other direct care workers Checked 12 Oct 2026 · Back to text ↑

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