Oklahoma Admin. Code Title 75 | Oklahoma Administrative Code, Title 75 — Attorney General

Chapter 1 Administration

Subchapter 1 General Information

Okla. Admin. Code § 75:1-1-1 Purpose

(a) These rules are promulgated pursuant to the requirements of the Administrative Procedures Act, 75 O.S. § 250, et seq. The purpose of these rules is to effectively implement and enforce the provisions of Title 74 § 18p-1 et seq . of the Oklahoma Statutes. These rules supplement existing state and federal laws, and being duly promulgated, have the force and effect of law.

(b) These rules govern formal proceedings of the Office of the Attorney General. Informal proceedings may be held as announced by the Office of the Attorney General or as agreed with any person.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-1.1 Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Certification" means a status which is granted to a program by the Oklahoma Attorney General, and indicates approval to provide a particular service. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."

"Certification report" means a written notice of the deficiencies developed by the Office of the Attorney General.

"Certified facility" means any facility which has received a certification status by the Oklahoma Attorney General.

"Conditional Certification" means a status which is granted to a program by the Oklahoma Attorney General, and indicates approval to provide a particular service or services for a specified period of time, typically four (4) months) in order to give a renewal applicant an opportunity to achieve 100% compliance with applicable rules.

"Contractor" or "contractors" means any program under contract with the Office of the Attorney General for the provision of goods, products or services.

"Entities" or "entity" means sole proprietorships, partnerships, corporations, limited partnerships, limited liability partnerships, and limited liability companies.

"Facilities" or "facility" means entities as described in 74 O.S. § 18p-6 and Chapters 15, 25 and 30 in Title 75 of the Oklahoma Administrative Code, domestic violence shelters and programs, sexual assault programs, including programs serving adult victims of sex trafficking, and batterers intervention programs.

"Individual proceeding" means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature.

"Levels of performance" means a unit of service by types of service.

"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.

"Probationary certification" means a certification status granted for a period less than three (3) years.

"Program" means a domestic violence shelter, domestic violence program, sexual assault program, adult human sex trafficking program or batterers intervention program pursuant 74 O.S. § 18p-6.

"Reimbursement rates" means the rates at which all contractors are reimbursed (paid) for services they provide under their contract with the Office of the Attorney General, and which are reported to the Office of the Attorney General as required.

"Respondent" means the person(s) or entity(ies) named in a petition for an individual proceeding against whom relief is sought.

"Site Review Protocol" means an Office of the Attorney General internal document used by the Office of the Attorney General Victims Services Unit staff as a work document in the certification site visit(s) that is based primarily upon the rules (standards/criteria) being reviewed. The Site Review Protocol is used in preparing the Certification Report, which is provided to the facility, and in preparing recommendations regarding certification to the Attorney General for his consideration and action.

"Temporary Certification" means a status which is granted to a program by the Oklahoma Attorney General, and indicates approval to provide a particular service or services for one (1) year in order to give an initial applicant an opportunity to achieve 100% compliance with applicable rules.

"Units" or "unit" means an hour, or part of an hour, or group of hours, or a 24-hour day during which a specific service is rendered.

"Victims Services Unit" means the Unit created within the Office of the Attorney General to provide services for persons who require domestic violence or sexual assault services through a domestic violence program, sexual assault program, including programs serving adult victims of sex trafficking, or batterers intervention program.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-1-2 Applicability

This, and all subsequent chapters are applicable, unless otherwise specifically noted in a chapter, subchapter, part or section of Oklahoma Administrative Code Title 75, to the Office of the Attorney General, and all facilities under contract with the Office of the Attorney General and/or subject to certification by the Office of the Attorney General (74 O.S. § 18p-6).

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-3 Compliance with laws and rules

(a) Any statute of the United States, or of the State of Oklahoma now existing, or duly enacted in the future, shall supersede any conflicting provision of the rules of this and all subsequent chapters to the extent of such conflict, but shall not affect the remaining provisions therein.

(b) All persons and organizations affected by the rules of this and all subsequent chapters and related laws shall be knowledgeable of the conduct pertinent in operating in accordance with all such rules and laws.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-4 Organization

(a) The Oklahoma Attorney General is vested with the authority to make rules for the implementation of the Office of the Attorney General's statutorily mandated and permissible functions related to domestic violence programs ,sexual assault programs, including programs serving adult victims of sex trafficking, and/or batterers intervention programs under 74 O.S. §§ 18p-6.

(b) The Oklahoma Attorney General shall maintain such staff as authorized by law and assign said staff to carry out the duties and responsibilities required to fulfill the statutory requirements of 74 O.S. §§ 18p-1 et seq., and the rules and directives of the Oklahoma Attorney General.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11

Okla. Admin. Code § 75:1-1-5 Objectives

The objectives of the Oklahoma Attorney General are as follows:

(1) The provision of quality domestic violence, sexual assault, including adult human sex trafficking and batter-ers intervention services, within the resources available, to those persons, and their families, receiving services from the facilities, certified by and/or under contract with the Office of the Attorney General.

(2) The services by domestic violence and sexual assault providers, including adult human sex trafficking shall be rendered in an environment of safety, dignity and with respect to the rights of those persons and their families.

(3) Adherence to and compliance with applicable state and federal statutes, including but not limited to Title 74 §§ 18p-1 et seq. of the Oklahoma Statutes and the Public Health Services Act (42 U.S.C.) by all facilities operated by, under contract with, and certified by the Oklahoma Attorney General.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-1-6 Public records

(a) Official records. Official records of the Office of the Attorney General include information, rules, forms, the record in individual proceedings, records submitted to the Office of the Attorney General, and other public records in accordance with the Oklahoma Open Records Act 51 O.S. § 24A.1, et seq .

(b) Copies. Copies of official records of the Office of the Attorney General, not privileged or protected from publication by law, shall be available to the public.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-7 Requests for agency public information

Any person making a request pursuant to 75:1-1-6 shall comply with the following:

(1) Although the law does not require requests under the Open Records Act to be in writing, it is preferred that requests be in writing and mailed to the Office of the Attorney General, Victims Services Unit or made in person during regular office hours between 8:00 a.m. and 5:00 p.m.

(2) The request should describe the record(s) requested, indicate the name of the party making the request, and have the party's mailing address and telephone number

(3) The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars ($12.00) per 3i-inch diskette, and $1.00 per page for certified documents. Copies provided via FAX machine cost $1.00 per page, regardless of the destination of the Faxed copy. For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and locating, the requested records.

(4) Client records of a domestic violence program or sexual assault program, including programs serving adult victims of sex trafficking, are confidential and not subject to release by statutes and federal regulations including, but not limited to, 74 O.S. §§ 18p-3 and 18p-8, and 42 CFR, Part 2.

(5) Certain Office of the Attorney General employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by the Office of the Attorney General; internal personnel investigations including examination and selection material, employees' home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of the Office of the Attorney General, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.

(6) Any other document protected, as confidential, by any Oklahoma or federal law, or Oklahoma or federal administrative rule, or by order of a court of competent jurisdiction, is not subject to the Oklahoma Open Records Act.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-1-8 Forms

In order to maintain efficiency and uniformity in the administration of duties, the Office of the Attorney General will devise and maintain forms for use by any party. The forms may be revised periodically to ensure uniformity, efficiency, and expediency. The prescribed forms must be used by all affected parties unless another form is approved by the Office of the Attorney General prior to its submission, or other provisions are stated in subsequent chapters. Additionally, forms may be acquired by request under 75:1-1-7.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-9 Procedures to secure a declaratory ruling as to the applicability of any rule or order of the Office of the Attorney General

(a) Any person subject to the rules contained in rules of the Office of the Attorney General (Oklahoma Administrative Code Title 75) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. In petitioning the Office of the Attorney General for a declaratory ruling, the following procedures must be followed:

(1) The petition must be in writing and submitted to the Chief, Victims Services Unit, Office of the Attorney General;

(2) The petition shall state with specificity the rule in question;

(3) The petition shall state clearly and with specificity the basis for the action and the action or relief sought;

(4) The petition shall pose the specific question(s) to be answered by the Office of the Attorney General; and

(5) The petitioner or petitioner's authorized representative shall print his or her name, address and telephone number on the petition and sign it.

(b) The petition will be stamped upon receipt by the Office of the Attorney General to show the date of submission. The petition shall be referred to the Chief of the Victims Services Unit to make a recommendation to the Attorney General, who shall issue a ruling within 30 days from the date of submission.

(c) The petitioner shall be notified of the declaratory ruling in writing by the U.S. Mail, certified mail, return receipt requested.

(d) The ruling shall become final unless, within 15 days of receipt, the petitioner files with the Chief of the Victims Services Unit a written request for a hearing before the Attorney General. If the petitioner requests such a hearing, the matter shall be set to be heard by the Attorney General.

(e) At the hearing of the matter by the Attorney General, the petitioner and Chief of the Victims Services Unit shall be permitted to present oral argument to the Attorney General, the length of which shall be limited by the Attorney General. At the conclusion of the presentation of the matter, the Attorney General shall render a decision on the petition and a written decision shall follow within 15 days.

(f) A declaratory ruling or refusal to issue such ruling, shall be subject to judicial review in the manner provided for review of decisions in individual proceedings in the Oklahoma Administrative Procedures Act (75 O.S. § 307).

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-1-10 Procedures to petition the Office of the Attorney General to promulgate, amend or repeal a rule

Any person affected either by a rule adopted and promulgated by the Attorney General, or the lack of a rule and regulation may petition the Attorney General to promulgate, adopt, amend or repeal a rule pursuant to 75 O.S. § 305 and in accordance with this section.

(1) The petition must be in writing and submitted to the Chief of the Victims Services Unit, Office of the Attorney General:

(A) The proposed amendment, promulgation, or repeal of a specific rule.

(B) The reason for the petition to repeal, promulgate, or amend a rule.

(2) The petitioner must print his or her name, address and telephone number on the petition and it must be signed by the petitioner.

(3) The Chief of the Victims Services Unit shall timely respond to such petition, either by recommending to the Attorney General that rulemaking proceedings be initiated or that the petition be denied.

(4) The petitioner will be notified by regular mail if rulemaking proceedings are initiated.

(5) A petition for rulemaking will be deemed denied if the Office of the Attorney General has not initiated rulemaking proceedings within thirty (30) calendar days after the petition is submitted.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Subchapter 3 Contracts for Domestic Violence and Sexual Assault Services

Part 1 ELIGIBILITY TO CONTRACT

Okla. Admin. Code § 75:1-3-1 Purpose

The purpose of this Part is to delineate the criteria for eligibility for programs to contract with the Office of the Attorney General for the provision of domestic violence, sexual assault, or adult human sex trafficking services to the public as permitted or required under Title 74 O.S. § 18p-1 et seq .

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-3-2 Applicability

This part is applicable to all entities presently under contract with the Office of the Attorney General to provide domestic violence, sexual assault, or adult human sex trafficking services; and to all programs which may either be, or desire to be, considered for such contracts.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-3-3 Criteria for eligibility to contract

The criteria for eligibility to contract with the Office of the Attorney General are as follows:

(1) The entity shall exist in conformity with Oklahoma Statutes regulating said entity, and provide such proof. In addition, if said entity purports to be a not-for-profit corporation, the proof of exemption from federal taxes under the U.S. Internal Revenue Service Code shall be made.

(2) Revocation, denial or non-renewal of an entity's certification by the Attorney General shall result in contract termination for any service requiring such certification as of the date of the Attorney General's action.

(3) The facility shall have deficiencies of no more than 30% of the standards on which the facility is reviewed.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08

Part 3 CONTRACTS AND CONTRACTING PROCESSES

Okla. Admin. Code § 75:1-3-14 Purpose

The purpose of this Part is to describe the contracts and contracting processes of the Office of the Attorney General for the provision of domestic violence, sexual assault, or adult human sex trafficking services to the public.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-3-15 Applicability

This Part is applicable to all entities presently under contract to provide domestic violence and sexual assault services, and to all entities which may either be, or desire to be, considered for such contracts.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-3-16 Contract forms

Contracts are in a standardized form and format as determined by the Office of the Attorney General which may be revised from time-to-time to meet changing state and federal statutes and regulations, and the requirement of the Office of the Attorney General to fulfill its functions and responsibilities.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-3-17 Competitive bidding

With regard to competitive bidding:

(1) Contracts which are not based upon fixed uniform rates shall be competitively bid unless said contract is exempt from competitive bidding or meets the requirements for sole source justification.

(2) Contracts based upon fixed uniform rates, which have been previously approved by the Office of Management and Enterprise Services, set by the Attorney General, are not subject to competitive bidding [74 O.S. § 85.7(11)] .

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:1-3-18 Contract, services performance

Contracts shall require performance of specific service(s) to be performed. Where the services cannot be broken down into units, specifically measurable and reviewable services shall be stated. Additionally, contracts may contain requirements of performance based upon measurable quality outcome indicators.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-3-19 Contract renewal

(a) Contracts for domestic violence, sexual assault, or adult human sex trafficking services are considered during the third (3rd) and fourth (4th) quarter of the state fiscal year, for contracting in the following fiscal year.

(b) Consideration for renewal shall include a review of performance of the current contract including, but not limited to, measurable outcome indicators, target populations served, levels of performance of specific services, having deficiencies of no more than 30% of the standards reviewed, the existence of any client rights violations, and cost effectiveness of the delivery of services.

(c) If the Attorney General determines the contractual relationship shall be renewed, it shall be in a new contract for the upcoming fiscal year and may or may not contain the same terms, conditions, form and format as the previous contract.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-3-20 Contractor reimbursement rates

Reimbursements to contractors for domestic violence, sexual assault, or adult human sex trafficking services shall be considered and set in the manner described as follows:

(1) Contractors shall annually, or as otherwise prescribed, submit to the Chief of the Victims Services Unit a uniform cost report in the form and format determined by the Office of the Attorney General, and within time-frames established by the Office of the Attorney General.

(2) The Chief of the Victims Services Unit shall review and analyze these cost reports, requesting where deemed necessary the submission of supporting clarifying information within fifteen (15) days of said request.

(3) The Chief of the Victims Services Unit may recommend to the Attorney General fixed uniform rates for services, taking into consideration variables such as average costs, appropriate inflationary factors, capitation methods, performance outcome measures, staff credentials and available funding.

(4) Prior to approval by the Attorney General of the proposed rates or changes to existing rates, the Victims Services Unit shall provide written notice of an open hearing on the proposed fixed rates to each applicable contractor of record.

(5) Consideration of the proposed fixed rate by the Attorney General shall not occur until the Director of the Office of Management and Enterprise Services has been provided with, pursuant to 74 O.S. § 85.7:

(A) Thirty (30) days written notice of the meeting in which the Attorney General will consider the uniform rates of reimbursement;

(B) A copy of the meeting agenda item(s) concerning the proposed rate(s); and

(6) The Attorney General shall, at the meeting referenced in (5)(A) and (B) of this section, separately consider each proposed fixed and uniform rate of reimbursement. These rates, if adopted, shall then take effect on a date determined by the Attorney General when the rates are considered for adoption; and remain in effect until subsequent action by the Attorney General.

(7) All revisions shall be examined, proposed, considered and adopted pursuant to this section.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Subchapter 5 Procedure In Individual Administrative Proceedings

Okla. Admin. Code § 75:1-5-1 Individual proceedings

Article II of the Administrative Procedures Act ("APA"), 75 O.S. § 308a, et seq. , governs individual proceedings by Office of the Attorney General for revocation, denial, suspension and non-renewal of certification or for reprimand of certified facilities.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-2 Persons affected by individual actions

The Attorney General may bring an individual proceeding against any program certified by the Attorney General for violation of Title 74 O.S § 18p-1 et seq . or the rules of the Attorney General as set forth in Title 75 of the Oklahoma Administrative Code.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-5-3 Types of sanctions

The following administrative sanctions may be taken against a Respondent:

(1) Revocation of certification

(2) Reduction in certification

(3) Suspension of certification

(4) Reprimand

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-4 [1] Petition and notice in individual proceedings

(a) Petition and Notice. In the event the Attorney General determines action should be taken, an individual proceeding may be initiated pursuant to the APA by filing a petition and notice with a Hearing Officer, as designated by the Attorney General, for the matter, and by serving the petition on all respondents. The petition and notice shall include a statement of the legal authority and jurisdiction under which the action is taken, reference to the statutes and rules involved, a short and plain statement of the matters asserted and the relief requested. The petition may allege facts by attaching and incorporating a document by reference. The petition and notice shall provide that the action shall commence and become effective fifteen (15) calendar days after receipt of said notice by the Respondent, unless the Respondent timely files a written request for a hearing with the Office of the Attorney General.

(b) Request for hearing. A request for hearing will be timely filed if said request is in writing and postmarked or hand delivered to the Hearing Officer within fifteen (15) calendar days of the date the party received the petition and notice. If a timely written request for a hearing is not filed by the Respondent, the allegations in the petition shall be deemed confessed by the Respondent and the action will become final as set forth herein. If the written request for hearing is timely filed, such hearing shall be scheduled before the Attorney General or Hearing Officer at least fifteen (15) days from the date said request is filed, and the parties shall be notified of the date, time and place of the hearing. If an emergency exists, a hearing may be conducted without the filing of a petition and without waiting fifteen (15) days.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency)1; Added at 23 Ok Reg 2189, eff 7-1-06
1Two different rules were promulgated at this Section number (75:1-5-4) in the emergency action published at 23 Ok Reg 329, effective 11-8-05. On 7-1-06, the second emergency rule, called "Continuances," was superseded by a permanent rule numbered at a different number, 75:1-5-5.4.

Okla. Admin. Code § 75:1-5-5 [1] Service of petition and notice

(a) Service. The petition and notice shall be served on the Respondent(s) personally or by certified mail, return receipt requested to the address of the respondent(s) on file with the Office of the Attorney General.

(b) Proof of service. Proof of service shall be filed with the Hearing Officer.

(c) Substitute service. If the Office of the Attorney General is unable to obtain service on a Respondent, the petition and notice shall be mailed by regular mail to the last known address of the Respondent. The Office of the Attorney General shall file an affirmation service was attempted which will be deemed as proof of service.

(d) Service of other papers and documents. Service of all other papers and documents connected with an individual proceeding shall be served on the parties or their counsel by delivering a copy or via regular mail or facsimile.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency)1; Added at 23 Ok Reg 2189, eff 7-1-06
1Two different rules were promulgated at this Section number (75:1-5-5) in the emergency action published at 23 Ok Reg 329, effective 11-8-05. On 7-1-06, the second emergency rule, called "Discovery," was superseded by a permanent rule numbered at a different number, 75:1-5-5.5.

Okla. Admin. Code § 75:1-5-5.1 Emergency actions

When the Attorney General or Hearing Officer finds that the public health, safety or welfare requires action be taken immediately and when such a finding is incorporated in an order, emergency action or summary suspension of a certification may be ordered pending the filing of a petition or the outcome of an individual proceeding.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-5.2 Procedures in individual proceedings generally

The order of procedure in all individual proceedings shall generally be governed by the APA.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-5.3 Prehearing conference

A pre-hearing conference may be ordered and scheduled by the Attorney General or the Hearing Officer on his or her own motion or upon the request of any party. The Attorney General or Hearing Officer may authorize the conference to occur by teleconference. The subjects and objectives of the pre-hearing conference shall be similar to those for pretrial proceedings in district courts.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-5.4 Continuances

(a) Continuance by the Office of the Attorney General. The Attorney General or the Hearing Officer may continue or adjourn the proceedings at any time for a specified time, with notice or motion.

(b) Continuance by motion of parties. Except for good cause shown, or by agreement of all parties, no continuance will be granted upon motion of a party unless written request therefore is filed and served on all parties of record and filed with the Hearing Officer at least seven (7) days prior to the date set for hearing. A stipulation for continuance among all parties of record ordinarily will be approved, unless the Attorney General or the Hearing Officer determines that the public interest requires otherwise.

History

Added as 75:1-5-4 at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-5.5 Discovery

(a) Purpose. Discovery is designed to enable a party to obtain relevant information needed for presentation of the party's case. This section is intended to provide a simple method of discovery.

(b) Explanation. Discovery is a process apart from the hearing whereby a party may obtain information from another person which has not otherwise been provided. This information is obtained for the purpose of assisting the parties in developing, preparing and presenting their cases.

(c) Methods. Discovery shall be conducted generally in accordance with Section 315 of the APA. Additionally, the Attorney General or the Hearing Officer may enter specific orders directing the conduct of discovery.

History

Added as 75:1-5-5 at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-6 Protective orders

(a) The Attorney General or the Hearing Officer at the hearing or at anytime upon application of a party, with or without notice, may make such orders relating to discovery as may be necessary or appropriate for the protection of the parties, and to prevent hardship to and excessive burden upon a party. Such orders may, among other subjects, limit the scope of depositions, prohibit questions or subjects of inquiry, require or excuse answers to questions on deposition, limit or excuse, in whole or in part, production of documents and shorten or extend the time within which any act shall be performed. Disclosure of client identification shall only be ordered pursuant to state and federal law.

(b) The Attorney General or the Hearing Officer may make appropriate orders, including dismissal of a proceeding or denial of relief, as may be warranted for failure or refusal to comply with an order issued pursuant to this rule.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-7 Subpoenas

(a) Issuance and service. Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Officer upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code, 12 O.S. § 2004.1.

(b) Failure to obey. The Attorney General or the petitioner may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the Attorney General or the Hearing Officer may, in his discretion at any time, continue the proceedings as necessary to secure a court ruling.

(c) Motions to quash. Any person to whom a subpoena is directed, may file a motion to quash or limit the subpoena with the Hearing Officer, setting forth the reasons why the subpoena should not be complied with or why it should be limited in scope and the Attorney General or Hearing Officer will rule on the motion.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-8 Conduct and record of hearing

(a) Open to public. Every hearing before the Office of the Attorney General shall be conducted by the Attorney General or designated Hearing Officer. All hearings shall be open to the public unless a protective order is entered to uphold confidentiality laws; however, upon motion of a party to the proceeding, the Attorney General or the Hearing Officer may exclude from the hearing room any witness not at that time under examination. A party to the proceeding and that party's attorney may not be excluded.

(b) Record. All testimony shall be taken on the record unless otherwise designated by the Attorney General or the Hearing Officer. An electronic recording of the hearing proceedings shall be made. The recording will not be transcribed as a matter of course. The electronic recording of the Office of the Attorney General shall be the official record. Copies of the recordings shall be provided to a party on written request. The cost of transcription, if done, shall be borne by the party having the recording transcribed.

(c) Court reporter. A party may have the proceeding transcribed by a court reporter at the expense of the party. Each party requesting copies shall make arrangements for such with the reporter, and pay the costs.

(d) Maintenance of the record. The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Attorney General or the Hearing Officer in a location designated by the Attorney General or the Hearing Officer. All pleadings, motions, orders and other papers submitted for filing in an individual proceeding shall be stamped with the date filed by the Attorney General or the Hearing Officer upon receipt.

(e) Designation on appeal. On an appeal to district court, the parties may designate and counter-designate portions of the record to save costs, following the procedures in the APA.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-9 Hearing officers

(a) Exercise of authority. The Attorney General shall appoint at least one individual who is a licensed attorney to act as the Administrative Hearing Officer in individual proceedings filed before the Office of the Attorney General. The Administrative Hearing Officer shall conduct fair and impartial hearings and take all necessary action to avoid delay in the disposition of all proceedings. He or she shall have all powers necessary to that end unless otherwise limited by law, including but not limited to, the authority to:

(1) Administer oaths and affirmations;

(2) Rule upon objections and offers of proof and receive relevant evidence;

(3) Rule upon the institution of discovery procedures as appropriate;

(4) Convene a hearing as appropriate, regulate the course of the hearing, examine any witness in order to clarify issues; maintain decorum and exclude from the hearing any disruptive persons;

(5) Exclude from the hearing any witness whose later testimony might be colored by testimony of other witnesses or any person whose presence might have a chilling effect on testifying witnesses;

(6) Rule on all motions, witness and exhibit lists, exhibits and proposed findings;

(7) Require the filing of memoranda of law and the presentation of oral argument with respect to any question of law;

(8) Order the production of evidence and the appearance of witnesses whose testimony would be relevant, material and non-repetitious;

(9) Make inquiries of the parties or witnesses for the purpose of clarification or fact findings to ensure a fair and impartial decision;

(10) Render decisions pursuant to the particular action taken;

(11) May require, or allow, the filing of briefs by the parties, and may designate the order and time for filing briefs and reply briefs;

(12) Close the record when all interested parties have had the opportunity to be heard and to present evidence; and

(13) Issue proposed final orders.

(b) Disqualification of hearing officer.

(1) The Administrative Hearing Officer shall withdraw from any individual proceeding in which he or she cannot accord a fair and impartial hearing or consideration, stating on the record the reasons therefore, and shall immediately notify all parties of the withdrawal.

(2) Any party may file a motion requesting the Administrative Hearing Officer withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for the disqualification. The Administrative Hearing Officer shall rule on said motion.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-10 Order of hearing

(a) Appearances and default. At the hearing, every party shall announce an appearance. An individual may appear on their own behalf or be represented by an attorney. A corporation must be represented by counsel. Any Respondent who fails to appear as directed, after service of the petition and notice of hearing as provided by these rules, may be determined to have waived the right to appear and present a defense to the allegations contained in the petition, and the Hearing Officer may default the party and issue an order sustaining the allegations.

(b) Preliminary matters. The following shall be taken up prior to receiving evidence:

(1) The Office of the Attorney General and other parties may offer preliminary exhibits, including pleadings necessary to present the issues to be heard.

(2) Ruling shall be made on any pending motions, including requests for delivery of documents.

(3) Stipulations of fact and stipulated exhibits shall be received.

(4) Parties shall make opening statements where appropriate.

(5) Any other preliminary matters appropriate for disposition prior to offers of evidence.

(d) Presentation of the case. At the hearing, each party may make a brief opening statement, present witnesses and exhibits, cross-examine adverse witnesses, and make closing arguments.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-11 Order

(a) Issuance and services of final order. Not more than twenty (20) calendar days after conclusion of the hearing, the Hearing Officer shall issue a proposed order with findings of fact and conclusions of law. If the Office of the Attorney General proves its allegations in the petition and notice by clear and convincing evidence, the Attorney General shall issue an order sustaining the allegations. If the Office of the Attorney General does not meet its burden, the Attorney General shall issue an order in favor of the respondent(s). The Attorney General shall file and serve the final order on respondent(s) by certified mail, return receipt requested.

(b) Appeal. A party may appeal a Final Order as provided in the APA.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-5-12 Settlement

Unless precluded by law, individual proceedings may be resolved by agreed settlement or consent order, with the concurrence of the Office of the Attorney General or the Hearing Officer.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Subchapter 7 Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs

Okla. Admin. Code § 75:1-7-1 Applicability of certification

This subchapter applies to all entities which are subject to certification by the Attorney General as set forth in 74 O.S. § 18p-6.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-7-2 Purpose of certification

The purpose of certification is to assess a facility's responsibility to the client, and delivery of acceptable services to the client. Responsibility to the client is demonstrated through the provision of suitable facilities, trained staff and needed services which are accessible, safe and confidential. In addition to the above is the demonstration of the willingness and ability of the governing authority and staff to provide the planning, budgeting and management of resources necessary to the continued existence and effectiveness of the facility/services.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-7-3 Reviewing authority

The Attorney General shall certify domestic violence shelters, domestic violence programs, sexual assault programs, adult human sex trafficking programs, or batterers intervention programs and direct that such shall be carried out as stated in this subchapter.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-7-4 Certification of facilities and programs and individuals

Certification requires compliance with applicable Standards and Criteria as set forth in Chapter 15, Chapter 25 and/or Chapter 30 of OAC Title 75 regulating Standards and Criteria for Domestic Violence Programs, Sexual Assault Programs, including programs serving Adult Victims of Sex Trafficking, and Batterers Intervention Programs.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11

Okla. Admin. Code § 75:1-7-5 Procedures for application for certification

(a) Applications for certification as a domestic violence shelter or program, sexual assault program, including programs serving adult victims of sex trafficking, or batterers intervention program must be made to the Office of the Attorney General in writing on a form and in a manner prescribed by the Attorney General and include the following:

(1) A fully completed application for certification form signed by authorized officials;

(2) The necessary written documentation or supporting evidence required on the application for certification form; and

(3) The required certification fee(s) in the form of a check or money order, payable to the Office of the Attorney General.

(b) The following fees are required of Applicants for domestic violence shelters, domestic violence programs, sexual assault programs, adult human sex trafficking programs, and batterers intervention programs. For every program seeking approval, the applicant shall submit $150.00 for each initial application and $150.00 for each renewal application. Fees paid by applicants are not refundable.

(c) The application for certification form, required written documentation and fee(s) must be submitted to the Office of Attorney General, Victims Services Unit.

(d) The application requires specification of all services provided by the applicant, as well as information about the applicant including but not limited to governing authority, administrative, fiscal, all locations or sites where applicant will provide services and types of services to be provided.

(e) If, after being certified, a program desires to change the program name, program location, program delivery location or provide services at a new or different location maintained and operated by the certified program, or change its current office location, the facility must submit an application on a form and in a manner prescribed by the Victims Services Unit of the Office of the Attorney General, the required documentation and fee, if any. Approval may be granted by the Attorney General upon submission of the required application and documentation to the Victims Services Unit. Before constructing a new facility, the program shall consult with the OAG for review and recommendations regarding victim safety and confidentiality. Approval from the Attorney General must be obtained prior to providing services at the new location. The Victims Services Unit may conduct a visit of the facility in accordance with 75:1-7-8.

(f) If, after being certified, a program desires to provide services at a public facility maintained for or used by the people or community, the certified program must notify the Victim Services Unit in writing of the name and location of the public facility and the type of service(s) offered. Additionally, the certified program must assure that the facility provides the necessary safety, confidentiality, and privacy of individuals being served. Approval may be granted by the Attorney General upon submission of the required documentation to the Victims Services Unit. Approval from the Attorney General must be obtained prior to providing services at the new location.

(g) If after being certified, a program desires to offer a new type of service, the facility must submit an application for certification, the required documentation and fee to the Victims Services Unit of the Office of Attorney General prior to providing a new service. Failure to become certified prior to providing services shall be grounds for injunctive relief pursuant to 74 O.S. § 18p-7.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-7-6 Procedures for completion of certification process

(a) Certification process. Completion of the certification process will be done in cooperation between the applicant and certification team established and assigned by the Victims Services Unit of the Office of Attorney General, and consists of:

(1) a review of all application materials;

(2) a site review of the facility and completion of the applicable site visit protocol;

(3) a review of all applicable records;

(4) preparing certification reports for applicants;

(5) reviewing and approving any needed plans of correction;

(6) follow-up site reviews; and

(7) presentation by Victims Services Unit staff of the review results and associated recommendations to the Attorney General.

(b) Initial applications. All initial applications for certification shall be reviewed for completeness by Victims Services Unit staff. If the application is deemed complete, site review of the facility or program will be scheduled. Based on the initial site review findings, the applicant shall achieve a minimum score of seventy percent (70%) of the applicable standards and rules. If the minimum score is not achieved, a plan of correction will not be requested and a notice of denial of the certification application shall be sent to the applicant by the Attorney General. In such case, re-application may not be submitted until a minimum of three (3) months have passed following the issuance of the notification of denial.

(c) Length of certification process. If an applicant for initial certification fails to achieve full certification within one (1) year of being granted temporary certification, the applicant shall not receive certification and a recommendation of revocation of the existing certification will be made to the Attorney General. In such case, re-application for certification shall be made in accordance with the requirements of 75:1-7-6 and 75:1-7-11. If the applicant requests withdrawal of the certification status because of the circumstances cited above, the applicant may reapply three (3) months after acknowledgement by the Office of Attorney General that the application has been withdrawn.

(d) Renewal applications.

(1) The Victims Services Unit will, prior to the renewal date, notify facilities the application for renewal of certification is due.

(2) The program shall submit its application for renewal within sixty (60) days before the expiration of its certification.

(3) Renewal applications for certification shall be reviewed for completeness by Victims Services Unit staff. If the facility does not achieve the minimum score of seventy percent (70%)com-pliance with the applicable standards and rules based on the site review findings, a plan of correction will not be requested and revocation of the certification status will be recommended to the Attorney General.

(4) If, after being granted conditional certification, an applicant for renewal fails to achieve full certification within four (4) months, the applicant shall not receive full certification and a recommendation of revocation of the certification status will be made to the Attorney General.

(e) Site reviews.

(1) Initial, renewal or follow-up site reviews, based on the current certification status of the applicant, will be scheduled by designated representatives of the Victims Services Unit at each location or site of the applicant. The review will be conducted by the assigned certification team or a certification team member.

(2) The follow-up site review(s) to Conditional Certification will be conducted to review implementation of the plan of correction to ensure cited deficiencies have been corrected or to demonstrate continued correction and compliance with the previously cited deficiencies. Failure to comply with applicable rules and implement the plan of corrections shall result in a recommendation that Certification be denied and Conditional Certification status be revoked.

(3) The follow-up site visit(s) to Temporary Certification will be conducted on standards not applicable during the initial certification visit, implementation of the plan of correction to ensure cited deficiencies have been corrected or to demonstrate continued correction and compliance with the previously cited deficiencies, and a review of a minimum of five (5) records. Failure to comply with applicable rules and implement the plan of correction shall result in a recommendation that Certification be denied and Temporary Certification status be revoked.

(4) A Site Review Protocol shall be completed during each site visit. Protocols shall contain the current Standards and Criteria applicable to the facility.

(A) A facility must be prepared to provide evidence of compliance with each applicable standard.

(B) In the event the reviewer(s) identifies some aspect of facility operation that adversely affects client safety, confidentiality or health, the reviewer(s) shall notify the facility director and appropriate Victims Services Unit staff. An immediate suspension of certification may be made by the Attorney General.

(f) Deficiencies. A deficiency shall be cited for a failure to comply with the weighted value of each rule.

(g) Report to applicant and plan of correction.

(1) During the course of the certification process, and prior to determination of certification status, Victims Services Unit staff shall report the results of the site review to the facility. The facility shall receive written notice of the deficiencies in a Certification Report.

(2) The facility must submit a written plan of correction for each deficiency for approval within two (2) weeks of the receipt of the Certification Report. Approval of the plan of correction shall be required before the completed application for certification will be presented to the Attorney General. Failure to submit the required plan of correction within two (2) weeks of the receipt of the Certification Report may result in denial of the certification application. In such case, re-application will be accepted after three (3) months from the date of issuance of the notification of denial from the Attorney General. However, if the facility does not achieve the minimum score of seventy percent (70%) compliance with the applicable standards and rules based on the initial site review findings, a plan of correction will not be requested, and the application will be denied.

(h) Notification of Victims Services Unit recommendation for certification.

(1) After completion of the site review and report on the Application for Certification, Victims Services Unit staff shall prepare a recommendation on the certification status or application for the Attorney General.

(2) Prior to the Victims Services Unit staff's presentation of its recommendation of an applicant's certification to the Attorney General, the Victims Services Unit staff shall notify the applicant of the recommendation.

(3) Achievement of certain scores is a prerequisite for consideration of a specific certification status but may not be the sole determinant. Individual deficiencies that meet the criteria in 75:1-7-9 may be grounds for suspending or revoking certification or denying applications for certification.

(4) Consideration of certification may be deferred while additional information regarding a facility's compliance status is reviewed.

(5) The minimum compliance scores for recommendation of a certification status to the Attorney General are:

(A) Certification with Commendation. Facility is in compliance with 100% of the applicable rules.

(B) Certification. Facility achieves compliance with 100% of the applicable rules after on-site correc-tion(s).

(C) Conditional Certification. Facility is in compliance with at least 70% but less than 100% of the applicable rules and will be given an opportunity to correct deficiencies.

(D) Temporary Certification. Facility is in compliance with at least 70% but less than 100% of the applicable rules and will be given an opportunity to correct deficiencies.

(i) Actions on Non-Certified Providers. If at the initial site review it is found the facility is providing services:

(1) The initial review will be conducted, including review of applicable records.

(2) The facility must comply with the requirements of 75:1-7-6 to proceed with the certification process.

(3) If the applicant achieves less than 100% compliance, full certification must be achieved within four (4) months.

(4) Upon successful completion of the certification process, Probationary Certification status will be conferred for no more than one (1) year.

(5) Application for continued certification after the Probationary Certification period requires submission of a new application and fee(s) for each of the next two (2) years. The requirements in 75:1-7-6 shall apply. A recommendation for Certification for one (1) year will be made to the Attorney General.

(j) Actions on certification applications. Victims Services Unit staff shall make one of the following recommendations to the Attorney General:

(1) Certification with Commendation;

(2) Certification;

(3) Conditional Certification;

(4) Temporary Certification

(5) Probationary Certification; or

(6) Revocation or Denial.

(k) If the Attorney General approves a recommendation to revoke certification, an individual proceeding shall be initiated pursuant to the Administrative Procedures Act.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-7-7 Duration of certification status

(a) Certification status of either "Certification with Commendation" or "Certification" shall be for the period of three (3) years.

(b) Conditional Certification granted to applicants for renewal shall be for a period not to exceed four (4) months. During that period, a follow-up site review will be conducted.

(c) Temporary Certification granted to applicants for initial certification shall be for a period not to exceed one year. During that period, a six (6) month follow-up site review will be conducted. In the event it is determined that the program is not making satisfactory progress toward achieving full compliance, a deficiency report will be completed and a plan of correction will be required. Plans of correction may require transition planning for current clients.

(d) Certification, Conditional, or Temporary Certification granted to an applicant shall become effective upon approval of the Attorney General.

(e) Certification is not transferable. A change of the ownership of a facility automatically terminates any certification status, requiring application for certification by the new ownership. If the certified facility is owned by a corporation the following applies:

(1) If the corporation is not-for-profit, a change in membership of the Board of Directors of more than fifty percent (50%) of the Directors in three (3) or fewer calendar months, unless such change was caused by the normal expiration of terms in accordance with the By-Laws of the Board of Directors, shall require the facility to be re-certified.

(2) If the corporation is other than not-for-profit, a change in the ownership of more than forty per cent (40%) of the stock in the corporation from the owners at the beginning of the period of certification shall require the facility to be recertified.

(3) It is the responsibility of the facility to notify the Office of the Attorney General of the occurrence of either of the conditions requiring recertification as set forth in (1) and (2) of this subsection; and to request the application materials for recertification.

(f) Certification may be suspended, revoked or not renewed with the basis for such action being delineated in Section 75:1-7-9 of this Subchapter.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok Reg 1834, eff 7-1-08
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:1-7-8 Site reviews

The Victims Services Unit may conduct a site review or visit or an investigation, which may or may not be announced. Reasons for such review include but are not limited to:

(1) determination of correction of cited deficiencies;

(2) receipt of a complaint;

(3) change in ownership, management or location;

(4) establishment of a new service location;

(5) substantial change in either the service provided or new service(s) initiated;

(6) substantial turnover in staff at the executive or professional level;

(7) change in statutorily required licensure status; and

(8) change in external accreditation status.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-7-9 Basis for a decision to issue administrative sanction of suspension, or revocation

(a) A determination that the certification status shall be reduced, suspended, or revoked or that a reprimand be issued, may be made upon the following basis:

(1) failure to comply with certification standards;

(2) failure to comply with appropriate statutory licensing provisions;

(3) violation of client rights or client confidentiality;

(4) endangerment of the safety, health, and/or the physical or mental well-being of a client served by the program;

(5) failure to comply with accreditation, inspection, safety, or building code regulations required by local, state, or federal authorities and laws;

(6) defrauding a client, potential client, or third party payer;

(7) inappropriate conduct by program staff or its governing authority;

(8) utilization of treatment techniques which endanger the safety, health, and mental health or physical well-being of program clients; or

(9) any other just cause.

(b) Determinations to initiate proceedings for suspension or revocations are made by the Attorney General.

(c) The facility's certification status continues unless the facility fails to timely file a written request for a hearing as cited in OAC 75:1-5-4 or an order sustaining the allegations made by the Attorney General is issued.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-7-10 Contingency for non-action by the Attorney General

In the event the Attorney General is unable for any reason to consider the certification in a timely manner, any current certification status shall be automatically extended unless to do so would endanger the health, welfare and safety of clients, and there would be a danger of imminent harm.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Okla. Admin. Code § 75:1-7-11 Reapplication following denial, suspension, revocation or denial of certification

Reapplication for consideration of certification for any program for which certification has been suspended, revoked, denied or not renewed will not be accepted or considered unless at least three (3) months has passed since issuance of a Final Order of suspension, revocation, denial or nonrenewal.

History

Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06

Chapter 10 Telemarketer Restriction Act Consumer Registry

Subchapter 1 Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry

Part 1 ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY

Okla. Admin. Code § 75:10-1-1 Consumer request to be included in the registry

(a) A consumer living or residing in Oklahoma, or a care giver for a consumer living or residing in Oklahoma, may request to be included in the no-telemarketing-sales-call registry, hereafter "registry", by any of the following means:

(1) Completing a written form prepared by the Attorney General for the purpose of recording a consumer's request to be included in the registry. Consumers must submit completed forms to the Attorney General at the address listed on the form.

(2) Calling a toll-free number established by the Attorney General for the purpose of recording a consumer's request to be included in the registry.

(3) Accessing an internet site established by the Attorney General for the purpose of recording a consumer's request to be included in the registry.

(b) Consumers requesting to be included in the registry must provide the following information when the request is made: name; address; county of residence; phone numbers to be included in the registry; and, e-mail address, if available.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-2 Maintenance of registry in electronic form

The Attorney General will maintain the registry in electronic form through a computer database. The database shall consist of information submitted by consumers who have requested to be included in the registry.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-3 Deadlines to be included in the registry

Upon receipt of a properly submitted and verified request to be included in the registry by the Attorney General, consumers' names and telephone numbers included in the registry shall be circulated to telemarketers in the quarter following the deadline for receipt of requests according to the following schedule:

(1) January-March: December 1

(2) April-June: March 1

(3) July-September: June 1

(4) October-December: September 1

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-4 No fee to consumers

Consumers will not be charged a fee to be included in the registry.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-5 Verification of a consumer's request to be included in the registry

The Attorney General will verify a consumer's request to be included in the registry by one of the following methods:

(1) Written requests. Consumers must sign and date the written form prepared by the Attorney General for the purpose of recording a consumer's request to be included in the registry. A consumer's signature will serve to verify a written request.

(2) Telephonic requests. After submission of a telephonic request, a consumer must confirm the request and the information provided by responding to a series of voice prompts through the telephone keypad. A consumer's affirmative responses to the voice prompts will serve to verify a telephonic request.

(3) Online requests. Online requests to be included in the registry will be verified by electronic mail from the Attorney General to the consumer. The electronic mail message shall contain a request to contact the Attorney General by electronic mail, in writing, or by toll-free number if the consumer did not intend to be included in the registry.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-6 Effective duration of a consumer's request

A request to be included in the registry shall remain in effect for two years from the date the consumer is first included in the registry. The request shall be automatically renewed at the end of two years unless the consumer provides written notice to the Attorney General that the consumer no longer wants to be included in the registry.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-7 Change of telephone number

If a consumer's telephone number changes after the consumer's initial request to be included in the registry, the consumer must submit a new request to be included in the registry. The new request must be submitted pursuant to these rules, and is subject to the deadlines herein.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-8 Removal from the registry

(a) A consumer may request to be removed from the registry by one of the following methods:

(1) Written notice. A consumer may request to be removed from the registry by submitting a written notice to the Attorney General. The written notice must be submitted on a form prepared by the Attorney General and returned to the address listed on the form. For verification, the form must be signed and dated by the consumer.

(2) Telephonic notice. A consumer may request to be removed from the registry by calling a toll-free telephone number established by the Attorney General. A consumer must confirm the request by responding to a series of voice prompts through the telephone keypad. A consumer's affirmative responses to the voice prompts will serve to verify a telephonic request to be removed from the registry.

(b) Upon receipt of a written or telephonic request to be removed from the registry, the Attorney General will remove the consumer from the registry according to the same schedule for including consumers in the registry.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Part 2 ACCESS AND USE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY

Okla. Admin. Code § 75:10-1-9 Fees and procedure for telemarketers to access the registry

Any telemarketer, as defined in 15 O.S. Supp. 2002, § 775B.2(5), desiring to make unsolicited telemarketing sales calls to consumers in Oklahoma may obtain access to the registry, subject to the limitations, requirements and fees set forth below:

(1) A telemarketer's access to the registry shall be limited to the names, telephone numbers, and dates of registration, of consumers included in the registry.

(2) A telemarketer must execute a written confidentiality agreement prepared by the Attorney General that restricts use of the registry to the sole purpose of complying with 15 O.S. Supp. 2002, §775B.6 as amended from time-to-time; prohibits transfer to a third party of the telemarketer's access to the registry; and prohibits transfer to a third party of any information compiled by the telemarketer through access to the registry.

(3) Fees for accessing the registry shall be $600.00 per year or $150.00 per quarter year. Such fees must be submitted to the Attorney General before a telemarketer is given access to the registry.

(4) A telemarketer must submit a fully completed Request for Registry Access Form to the Attorney General. Such forms will be prepared by the Attorney General and must be returned to the address printed on the form. The following information must be provided on the form:

(A) Name, address, and phone number of telemarketer;

(B) Name, address, and phone number of all affiliates and subsidiaries;

(D) Name, address, and phone number of the person to be contacted by the Attorney General with any questions concerning the request or complaints;

(E) Name and address of service agent;

(F) Description of telemarketer's commercial purpose, including goods and services offered for sale by the telemarketer;

(G) Certification that the telemarketer will fully comply with the Telemarketer Restriction Act, 15 O.S. Supp. 2002 § 775 B.1 et seq. and the rules promulgated thereunder.

(H) Certification that the telemarketer has fully complied with all other applicable laws, including but not limited to, 15 O.S. Supp. 2002 § 775A.3, or if claiming an exemption under other applicable laws, a notarized affidavit explaining why the telemarketer is exempt. The Attorney General may investigate all claims for exemption pursuant to the Consumer Protection Act.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Okla. Admin. Code § 75:10-1-10 Improper uses of the registry

No telemarketer who obtains access to the registry may use the information for purposes other than compliance with the Telemarketer Restriction Act.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Part 3 REPORTING OF VIOLATIONS AND ENFORCEMENT

Okla. Admin. Code § 75:10-1-11 Reporting violations and assessment of fines

(a) Any consumer may report a violation of the Telemarketer Restriction Act by submitting a fully completed complaint form to the Attorney General. Such complaints may be submitted online or in writing on a form prepared by the Attorney General. Written complaint forms must be returned to the address printed on the form.

(b) Consumers will be asked for the following information on the complaint form:

(1) Full name of complaining consumer;

(2) Address of complaining consumer;

(3) Telephone number telemarketer called;

(4) Name and/or telephone number of the telemarketer;

(5) Any information gathered by the consumer during the call concerning the telemarketer or the telemarketer's commercial purpose;

(6) A statement giving consent to the consumer's local exchange carrier to produce all records relating to the call to the Attorney General; and

(7) Any other information the Attorney General deems necessary to fully investigate the complaint.

(c) Upon receipt of a fully completed and properly submitted complaint, the Attorney General shall conduct an appropriate inquiry to determine if a violation has occurred. If the Attorney General determines that a violation has occurred, the Attorney General may, at his discretion, proceed with an enforcement action in district court, or assess an administrative fine.

(d) The schedule of administrative fines is as follows:

(1) 1^st and 2^nd violations: not to exceed $1,000.00 per violation;

(2) 3^rd and 4^th violations: not to exceed $2,000.00 per violation;

(3) 5^th and 6^th violations: not to exceed $4,000.00 per violation;

(4) 7^th and 8^th violations: not to exceed $6,000.00 per violation;

(5) 9^th and 10^th violations: not to exceed $8,000.00 per violation;

(6) All subsequent violations: not to exceed $10,000.00 per violation.

(e) Any telemarketer who refuses to pay an assessed fine may be assessed additional costs and reasonable attorney fees related to the collection of the fine.

History

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03

Chapter 15 Standards and Criteria for Domestic Violence and Sexual Assault Programs

Subchapter 1 General Provisions

Okla. Admin. Code § 75:15-1-1 Purpose

This chapter sets forth the rules, including standards and criteria, used in certifying all domestic violence and sexual assault programs and shelters (74 O.S. § 18p-6). The rules regarding factors relating to the certification processes including, but not necessarily limited to, applications, fees, requirements for and administrative sanctions, are found in OAC Title 75, Chapter 1.

History

Transferred from 450:19-1-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-1-1.1 Mission and underlying philosophy

(a) The mission of the standards and criteria for domestic violence and sexual assault programs is to eliminate domestic violence, sexual assault, and stalking in the State of Oklahoma.

(b) The philosophy underlying the standards and criteria for domestic violence and sexual assault programs is that:

(1) All persons have the right to live without fear, abuse, oppression and violence;

(2) There should be equality in relationships and survivors of domestic violence, sexual assault and stalking should be helped to assume power over their own lives;

(3) No one deserves to be victimized by assaultive or abusive behavior;

(4) Survivors should be treated with dignity and respect;

(5) All people involved in violent crimes are affected victims, children, families, partners, friends, the community, and perpetrators;

(6) Offending is a choice, and perpetrators of domestic violence, sexual assault and stalking are solely responsible for their behavior;

(7) These perpetrators must be held accountable for their behavior;

(8) A coordinated community response is the best approach to eliminating domestic violence, sexual assault, sex trafficking and stalking in Oklahoma;

(9) Safety for the victims/survivors and their dependents is the primary focus of intervention and services;

(10) Intervention and services shall be based upon the safety and well-being of individuals and communities. Services to victims are provided in a non-judgmental, non-coercive, trauma-informed environment; and

(11) Participation in services is voluntary and based on self-determined needs, preferences and values.

History

Added at 25 Ok Reg 1838, eff 7-1-08; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-1-2 Definitions

The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:

"Admission" means to accept a client for services or treatment.

"Advocacy" means the assistance provided that supports, supplements, intervenes and/or links clients and their dependents with the appropriate service components to encourage self-determination, autonomy, physical and emotional safety, and to offer information that will enable independence. This can be viewed as a combination of active listening and facilitating personal problem solving, along with researching options of action, safety planning, community outreach and education; it may include medical, dental, financial, employment, legal and housing assistance.

"Advocate" means a trained staff or volunteer who offers clients appropriate services.

"Assessment" means an appropriate course of assistance based on a face-to-face formal screening.

"Behavioral Health Professional" means either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist, or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault or stalking and their dependents.

"Business day" shall mean a calendar day other than a Saturday, Sunday, or state holiday. In computing any period of time where the last day would fall on a Saturday, Sunday, or state holiday, the period shall run until 5:00 p.m. of the next business day.

"Case consultation" means review of a client's case by the primary service provider and other program personnel, consultants or both.

"Case management" means the process of supporting and helping victims/survivors and their dependents as they cope with and overcome the effects of domestic violence, sexual assault and stalking. Actions may include activities such as:

developing, reviewing, and updating the service plan that is designed to solve specific problems in the current life situation;
supporting adult/child survivors' skills in making desired life changes through activities such as introducing new skills, modifying previous ways of coping with their situations and linking to resources to address immediate needs and secondary issues, and/or
exit planning as part of individual supportive services. The service provider must be a Certified Domestic and Sexual Violence Response Professional (CDSVRP) certified by the Oklahoma Coalition Against Domestic Violence and Sexual Assault.

"Certified Domestic and Sexual Violence Response Professional" means a professional certified by the Oklahoma Coalition Against Domestic Violence and Sexual Assault.

"Certified domestic violence and sexual assault program" or "Certified DVSA program" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates approval to offer domestic violence, sexual assault and stalking services pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."

"Child" or "Children" means any unmarried individual from birth to eighteen years of age.

"Children's Activities" means direct child contact that is temporary in nature and is not intended to address the effects of domestic violence, sexual assault/abuse and trauma on children; i.e. special events such as Christmas parties, Easter egg hunts, that are supervised by program personnel or volunteers.

"Children's Services" means direct child contact that is intended to address the effects of domestic violence, sexual assault/abuse and trauma on children including but not limited to intake, needs assessment, groups, advocacy, and any other service related to domestic violence, sexual assault/abuse and trauma.

"Client" means an individual, adult or child, who has applied for, is receiving or has received assistance or services from a DVSA program.

"Client record" includes but is not limited to all communication, records and information about an individual client.

"Community" means people, groups, agencies or other facilities within the locality served by the program.

"Contract" means a formal document adopted by the governing authority of the program and any other organization, agency or individual that specifies services, personnel or space to be provided to the program and the monies to be expended in exchange.

"Core Services" means services outlined in 75:15-2-1 that are required to be offered by all certified programs.

"Counseling" means a face-to-face therapeutic session with one-on-one interaction between a behavioral health professional and an individual to promote emotional and/or behavioral change focused on victim safety and perpetrator accountability. Those individuals providing professional therapy to adult and child victims of domestic violence, sexual assault or stalking must be prepared to offer education and information about:

(A) Physical and emotional safety;

(B) How perpetrators maintain control and dominance over their victims;

(D) The recognition that individuals victimized are not responsible for a perpetrator's violent behavior.

"Court advocate" means a qualified, trained staff or volunteer whose duties are to offer assistance to victims and any dependents in legal matters relevant to their situation. A Court Advocate provides court advocacy through support, information, assistance, safety planning, accompaniment, and intervention with any aspect of the civil or criminal legal system on behalf of a victim of domestic violence, sexual assault or stalking. Court advocates shall not act as licensed attorneys and are not permitted to give legal advice, unless such person is a licensed attorney in the state of Oklahoma.

"Crisis intervention" means short-term, immediate assistance and advocacy given by phone or in person to victims of domestic violence, sexual assault or stalking. Crisis intervention services include but are not limited to assessing dangerousness, safety planning, information about available legal remedies, establishing rapport and communication, identifying major problems, exploring feelings and providing support, exploring possible alternatives, and/or formulating an action plan and follow-up measures.

"Critical incident" means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, personnel, volunteers and visitors; incidents involving medication; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.

"Cultural diversity" means the spectrum of differences that exist among groups of people with definable and unique cultural backgrounds.

"Direct services" means services delivered by a qualified staff member or volunteer in direct contact with a client or client's child, including childcare and telephone contact.

"DVSA" means domestic violence and sexual assault.

"Documentation" means the provision of written, dated and authenticated evidence to substantiate compliance with standards, e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, announcements, correspondence, and photographs.

"Domestic violence" means a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over a current or former partner or family member. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning domestic violence, sexual assault, stalking or batterer's intervention and other related problems and services and may include a systematic presentation of selected information to impart knowledge or instructions to increase understanding of specific issues or programs, to examine attitude or behaviors and to stimulate social action or community support of the program and its clients.

"Emergency services" or "crisis services" mean a twenty-four (24) hour capability for danger assessment, intervention and resolution of a client crisis or emergency that is provided in response to unanticipated, unscheduled emergencies requiring prompt intervention.

"Emergency transportation" means transportation for a victim of DVSA to a secure identified location at which emergency services or crisis services can be offered.

"Executive director" means the person hired by the governing authority to direct all the activities of the organization. May also be referred to as "Chief Executive Officer".

"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.

"Family" means the children, spouses, parents, brothers, sisters, other relatives, foster parents, guardians, and others who perform the roles and functions of family members in the lives of clients.

"Governing authority" means a group of persons having the legal authority and final responsibility for the operations and functions of the entire DVSA program, or shelter, in and of all geographical locations and administrative divisions.

"Group counseling" means a face-to face therapeutic session with a group of adult/child victims/survivors to promote emotional or behavioral change. Those individuals providing professional therapy to victims/survivors of domestic violence must be prepared to provide education and information about:

(A) Physical and emotional safety;

(B) How perpetrators maintain control and dominance over their victims;

(D) The recognition that individuals victimized are not responsible for a perpetrator's violent behavior.

"Guardian" means an individual who has been given the legal authority to manage the affairs of another individual.

"Indirect services" means services delivered by a staff member or volunteer, that do not involve direct services with a client or client's child.

"Initial contact" means a person's first contact with the program or facility requesting information or service by telephone or in person.

"Intake" means an interaction intended to discover what has happened, determine what the crisis is, assess dangerousness indicators, do safety planning, and/or establish the immediate needs of domestic violence, sexual assault, and stalking victims and any dependents to determine appropriate services and referrals. This includes interaction with an individual determined to be appropriate for ongoing service in order to obtain basic demographic information, gather vital information on adults and/or children, and/or orient the victims to the program, program rules, and if applicable, the facilities. Cultural needs should also be identified at this time.

"Language Interpretation" means activities that involve a client who is deaf or hearing impaired or has limited English proficiency requiring an interpreter for a staff member or volunteers to offer services.

"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.

"Medical care" means those diagnostic and treatment services that can only be provided or supervised by a licensed physician.

"Medication" means any drug that is legally in the possession of clients, their children, or persons seeking admittance to the shelter or their children; this definition includes prescription medications and medications available for legal purchase without a prescription.

"Mental health services" means a range of diagnostic, therapeutic and rehabilitative services used in treating mental illness or emotional disorders.

"Neglect" means failing to offer adequate personal care or maintenance, or access to medical care that results or may result in physical or mental injury or harm to a client.

"OAG" means the Office of the Attorney General.

"Objectives" means a specific statement of planned accomplishments or results that are quantitative, qualitative, time-limited, and realistic.

"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256 (A)(1)(a) and maintained in the Office of Administrative Rules.

"Operation" means that clients are receiving services offered by the program.

"Personnel record" means a file containing the employment history and actions relevant to individual personnel and volunteer activities within an organization such as application, evaluation, salary data, job description, citations, credentials, etc.

"Persons with special needs" means persons with a condition which is considered a disability or impairment under the "American with Disabilities Act of 1990" including but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, and persons with mental illness. See "Americans with Disabilities Handbook," published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.

"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.

"Primary Victim" means a client who has experienced domestic violence, sexual assault, stalking, or the consequences of these crimes first hand.

"Procedures" means the standard methods by which policies are implemented.

"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.

"Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its staff, volunteers, activities, and planning process to determine whether program goals are met, staff, volunteers and activities are effective, and what effect, if any, a program or service has on the problem it was created to address or on the population it was created to serve.

"Program goals" means broad general statements of purpose or intent.

"Qualified staff" means someone who has met the criteria for provision of direct services as defined in 75:15-13-20.1.

"Rape crisis response services" means "sexual assault services" as defined in this section.

"Release" or "Waiver" means consent that is informed, written and reasonably time-limited. The terms may be used interchangeably to mean the same thing. "Release" implies that confidential information is released (despite confidentiality or privilege protection), and "Waiver" implies waiving a right (to maintain privilege). If release of information is compelled by statutory or court mandate, the program shall make reasonable attempts to provide notice to victims affected by the disclosure of information and take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

"Referral" means information disseminated and/or coordinated access to agency and community services to meet victims'/survivors' and their dependents' identified needs.

"Safe Home" means private dwellings available for the temporary housing of victims of domestic violence, sexual assault and stalking to ensure safety of victims and any dependents until other housing arrangements can be made.

"Safe Home Provider" means an individual or family providing Safe Home services through a formal agreement with a Certified DVSA Program.

"Safety Planning" means the process of working with adult and child victims to develop tools in advance of potential abuse or violence for the immediate and long term safety of victims. Plans should be based on dangerousness and lethality indicators and should include the safety needs of dependents.

"Screening" means the process of determining preliminarily the nature and extent of a person's problem in order to establish service needs. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs.

"Secondary Victim" means a person who has a relationship with the primary victim.

"Self Determination" means the right to make one's own choices.

"Service Agreement" means a written agreement between two or more service agencies or service agencies and individual service providers that defines the roles and responsibilities of each party. The purpose of service agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication in order to assure a continuation of services.

" Service Note" means documentation of the time, date, location, and description of services offered or provided, and signature, including electronic signature, of staff or volunteer offering or providing the services.

"Service Plan" means a plan of action developed and agreed upon by the client and service provider that contains service appropriate goals and objectives for the client.

"Sexual Assault" means a range of behaviors, including but not limited to rape, attempted rape, sexual battery, sex trafficking, sexual abuse of children, sodomy, and sexual harassment.

"Sexual Assault Services" means personal advocacy and support services provided to primary and secondary victims of rape and sexual assault.

"Shelter Services" means a certified residential living arrangement in a secure setting with support and advocacy services provided by qualified staff for victims of domestic violence, sexual assault and stalking and their dependents.

"Staff" means personnel who function with a defined role in the program whether full-time, part-time or contracted.

"Stalking" means a course of conduct directed at a specific person that would cause a reasonable person to feel fear.

"Substance Abuse Services" means the assessment and treatment of diagnosable substance abuse and dependence disorders, as defined by current DSM criteria, by qualified alcohol and drug treatment professionals.

"Support" or "Supportive Services" means the provision of direct services to primary and secondary victims and their dependents for the purposes of preventing further violence, helping such victims to gain access to civil and criminal courts and other community services, facilitating the efforts of such victims to make decisions concerning their lives in the interest of safety, and assisting such victims in healing from the effects of violence.

"Transitional Living Services" means temporary, independent living programs with support services provided by the staff or volunteers of the sponsoring domestic violence, sexual assault and stalking program. These services are extensions of domestic violence shelter services to victims of domestic violence, sexual assault or stalking and their dependents. These services permit victims to develop their financial capacity and other means to live independently.

"Trauma-informed services" means a service approach that recognizes the impact of trauma and acknowledges its role in the lives of primary and secondary victims and their dependents.

"Universal precautions for transmission of infectious diseases" means those guidelines promulgated by the U.S. Occupational Health and Safety Administration that are designed to prevent the transmission of Human Immunodeficiency Virus, hepatitis and other infectious diseases.

"Update" means a dated and signed review of a report, plan or program with or without revision.

"Voluntary Services" means a program shall not mandate participation in supportive services as a condition of shelter residency or emergency services (Family Violence Prevention and Services Act, 42 U.S.C. 10408)

"Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program, including interns and practicum students.

History

Transferred from 450:19-1-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-1-3 Meaning of verbs in rules

The attention of the facility is drawn to the distinction between the use of the words "shall," "should," and "may" in this chapter:

(1) "Shall" is the term used to indicate a mandatory statement, the only acceptable method under the present standards;

(2) "Should" is the term used to reflect the most preferable procedure, yet allowing for the use of effective alternatives; and

(3) "May" is the term used to reflect an acceptable method that is recognized but not necessarily preferred.

History

Transferred from 450:19-1-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 27 Ok Reg 1709, eff 7-1-10
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-1-4 Annual review of standards and criteria

This chapter shall be reviewed annually by the Office of the Attorney General.

History

Transferred from 450:19-1-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-1-5 Batterers Intervention Programs [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-1-6 Service Programs [REVOKED]

History

Transferred from 450:19-1-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Subchapter 2 Domestic Violence and Sexual Assault Programs

Okla. Admin. Code § 75:15-2-1 Service programs core services

(a) All certified programs shall provide safe, accessible, and trauma-informed services for victims of domestic violence, sexual assault and stalking and their dependents or family members.

(b) The program shall develop a philosophy of service provision based upon voluntary services and individual self-determination. The written statement of the philosophy of services shall be approved by the governing authority and made available to the community, staff, volunteers, and clients.

(c) The program shall have policies and procedures to maintain facilities, staffing, and operational methods, including a policy for recruitment of board members, staff and volunteers who are representative of diversity in the local community and diversity of clients.

(d) All certified programs shall provide sexual assault services as outlined in 75:15-2-6.

(e) All certified programs shall offer crisis intervention services as outlined in 75:15-2-5.

(f) All certified programs shall offer danger assessment, safety planning, counseling or support, support groups, and advocacy in a trauma-informed environment.

(g) All certified programs shall offer services that are free from all forms of unlawful discrimination based on race, sex, color, age, national origin, genetic information, religion, and/or disability (i.e., physical, mental illness, and substance abuse), including a policy stating that services will not be denied or diminished on the basis of immigration status.

(h) All certified programs shall provide public education to increase the community's awareness and understanding of domestic violence, sexual assault and stalking, available and needed resources, and to identify the role community can play in eliminating domestic violence, sexual assault, and stalking.

(i) Compliance with 75:15-2-1 shall be determined by a review of the program's policies and procedures, service agreements, on-site observations, client and staff or volunteer interviews and/or other supporting documentation.

History

Added at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-2-2 Shelter program

(a) All shelter programs shall comply with section 75:15-2-1 and each shelter program shall provide long-term (thirty [30] days or more) shelter services and staffing to offer services twenty-four (24) hours per day, seven (7) days per week, and offer the following:

(1) Shelter programs shall provide room, food, bathing and laundry facilities, necessary clothing, and toiletries for victims and their children free of charge. Programs shall not ask clients to use their nutrition assistance benefits to supplement food for the facility;

(2) Shelters shall be staffed at all times when clients are in residence. When there are no clients in residence, each shelter program must assure availability for immediate contact or services;

(3) The shelter's policy shall have written procedures regarding the supervision of children;

(4) The shelter shall offer services to clients with dependent boys over the age of twelve;

(5) Shelter programs shall offer screening, referral and linkage to clients and callers to appropriate community resources, to include assistance in making initial contact;

(6) The shelter program shall maintain cooperation/liaison with the local school system;

(7) Each shelter program must ensure to the best of its ability the physical and emotional safety, security and confidentiality of clients and the location of the shelter; and

(8) The shelter shall maintain a written policy for involuntary exit criteria.

(b) Compliance with 75:15-2-2 shall be determined by a review of policies and procedures, service agreements, on-site observations, and/or other supporting documentation.

History

Added at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-2-3 Transitional living program

(a) All transitional living programs shall comply with 75:15-2-1 and the following:

(1) The program shall maintain homes, apartments or other residential living environments suitable for victims of domestic and sexual violence, stalking and their dependents, if applicable, and which provide the reasonable safety and privacy needed by this population. The program shall offer access to necessary furniture and equipment;

(2) The program shall include heating and refrigerated cooling systems to maintain a reasonable comfort level;

(3) Supportive services for residents are available through the twenty-four (24) hour program hotline by trained staff or volunteers;

(4) The program shall assign staff or a volunteer as the advocate or liaison for the clients residing in the transitional living program(s). This person, or a crisis line staff person or volunteer, shall be available for emergencies at all times;

(5) The program shall have a written agreement with each resident that outlines specific responsibilities of both the program and the resident to include expectations, responsibilities and limitations. The agreement shall be signed by both parties;

(6) The program shall offer weekly support groups for transitional living residents and children; and

(7) The program shall offer at least one 30 minute face - to - face service contact per week with each transitional living resident and children.

(b) Compliance with 75:15-2-3 shall be determined by a review of program policies and procedures, client records, on-site observations, written agreements and/or other supporting documentation.

History

Added at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-2-4 Safe Home program

(a) All Safe Home programs shall comply with section 75:15-2-1 and the following:

(1) The program shall offer confidential housing 24 hours a day, 365 days a year.

(2) Certified DVSA providers that have a formal agreement for a Safe Home shall:

(A) assure that each Safe Home offers residents with access to minimum necessities including bedding, clothing, articles for grooming and personal hygiene, and food;

(B) develop and disseminate to Safe Home providers and residents written rules, policies and procedures that include admission and exit criteria, including security measures;

(C) have written procedures for monitoring Safe Homes to ensure that the homes meet standards for cleanliness and safety;

(D) offer orientation to all clients and require they sign a contract acknowledging they have read and understand the rules of their stay;

(E) assign an advocate or liaison for clients. This person, or a crisis line staff or volunteer, shall be available for emergencies and support at all times; and

(F) offer at least one 30 minute face-to-face service contact per week with each Safe Home resident.

(b) The program shall establish criteria to screen potential Safe Home providers. Screening will include an application with references, an interview and a site visit. Each Safe Home will be reassessed annually.

(c) All Safe Homes must be supervised by the certified program, who will conduct on-site observations at least monthly when clients are in residence.

(d) The certified program shall have a written agreement with each Safe Home provider that outlines specific responsibilities of both the program and the provider to include expectations and limitations (e.g., no babysitting or individual advocacy) and compliance with confidentiality. The agreement shall clearly state that the program will not be held liable for damage incurred by the Safe Home provider. Both parties will sign the agreement.

(e) Compliance with 75:15-2-4 shall be determined by a review of program policies and procedures, client records, on-site observations, written agreements, and/or other program documentation.

History

Added at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-2-5 Crisis intervention services

(a) All certified DVSA programs shall offer crisis intervention services which include:

(1) Twenty-four (24) hour crisis telephone services staffed by trained staff or volunteers, and 24-hour immediate, direct access to crisis advocates. Pagers, answering machines or answering services that do not offer immediate access to a crisis advocate shall not be sufficient to meet this requirement;

(2) Emergency housing such as hotel or motel available for victims and their dependent(s);

(3) Arrangement for safe shelter, food, clothing, and incidentals needed by victim/dependents;

(4) The program shall provide twenty-four (24) hour emergency transportation or access to shelter, to and from SANE exams or other emergency services. Additionally, transportation shall be offered for necessary services. This shall not require service providers to be placed in a situation that could result in injury;

(5) Cooperation with law enforcement to offer assistance to the victim and accompanying dependent(s). Programs should ensure victims are educated about participating in the legal prosecution of their offenders and that an appropriate release or waiver may be necessary;

(6) Provision of advocacy and referral to assist victims in obtaining needed services or resources;

(7) Foreign language interpretation; and

(8) Follow-up services shall be offered to all victims if victim safety is not compromised.

(b) Group and/or individual counseling or support services shall be made available before or after normal business hours (8:00 a.m. to 5:00 p.m.), if needed by clients. These services shall minimally offer the following:

(1) A facility with offices and individual and group counseling space to offer services;

(2) Advocacy services, both in person and by telephone, either in the locations of other community services and systems, or in the program's offices. Other locations include but are not limited to those necessary to provide court advocacy services to clients; and

(3) Service approaches shall focus on the empowerment of victims to access needed resources and to make healthy and safe decisions for themselves and dependents.

(1) Service agreements with community service providers for client services, which shall be renewed every three (3) years. If unable to establish a service agreement, attempts shall be documented;

(2) A resource document of local, area, or state resources to facilitate referrals for clients; and

(3) For agencies that do not have a behavioral health professional on staff, the agency shall maintain an updated list of identified behavioral health professionals in their community who treat clients with related trauma and need mental health or substance abuse services.

(d) Compliance with 75:15-2-5 shall be determined by a review of program policies and procedures, client records, on-site observations, written agreements, and/or other program documentation.

History

Added at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-2-6 Sexual assault services

(a) All certified programs shall be part of a sexual assault response team in their service area, providing that there is a sexual assault response team in place. The program shall collaborate with other certified DVSA providers in their service area. The program shall offer at a minimum the following services:

(1) Counseling or advocacy and support services shall be offered at any safe and appropriate site, as needed by the client;

(2) A twenty-four (24) hour crisis line, crisis intervention, in-person advocacy, active listening, or support by trained staff or volunteers with a knowledge of the issues and processes of sexual assault, rape trauma recovery, assessment, referral when indicated, and family involvement when chosen by the victim;

(3) Clothing, if needed, for sexual assault victims; and

(4) Follow-up contact that does not compromise privacy and safety needs of the victim shall be offered to all sexual assault clients seen in the medical setting. If written permission is granted by the client for follow-up contact, it shall be done no later than fourteen (14) business days after face-to-face crisis intervention. Follow-up will offer agency services or other available resources needed by the client.

(b) When appropriate staff or volunteers are available, the program shall assist the Council on Law Enforcement Education and Training (CLEET) by providing appropriate staff or volunteers to assist in sexual assault and sexual violence training to law enforcement.

(c) Agencies without behavioral health professionals on staff, shall maintain an updated list of identified behavioral health professionals in their community who treat clients with sexual assault related trauma.

(d) Compliance with 75:15-2-6 shall be determined by a review of program policies and procedures, client records, on-site observationss, written agreements, and/or other program documentation.

History

Added at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-2-7 Children's services

(a) Client records for both residential and non-residential children shall contain, at a minimum, the following information:

(1) Intake and screening information:

(A) Client's name;

(B) Date of initial contact/intake;

(D) Pertinent medical information;

(E) Mother's name;

(F) Father's name; and

(G) Name of adult client's abuser.

(2) Custody

(A) Has a court entered a custody order? If yes, what does the order provide?;

(B) With whom does the child physically reside?;

(D) Is visitation court ordered with the abuser?

(3) Safety, including but not limited to:

(A) History of child abuse or neglect;

(B) Exposure or witnessing violence;

(D) History of involvement in the child welfare system; including the presence of current child welfare involvement.

(4) Service notes, which shall minimally include: The date, location, start time, duration and description of services provided delineated by time spent and service code, if applicable, or documentation of referral to other services or case management.

(b) Within five (5) business days of entry into residential services (excluding advocacy or children's activities or crisis intervention), all certified programs shall offer to assess the risk and needs of the children accompanying primary victims and offer children's services to address the impact of violence and trauma in their lives and to facilitate healing. A risk and needs screening and assessment on each child, when accepted, shall minimally include:

(1) Brief trauma screening to assess the impact of trauma;

(2) Developmental history to include speech and language, hearing and visual;

(3) Medical or physical health history;

(4) Social history to include interactions with peers;

(5) History of use of tobacco, alcohol or other drugs;

(6) Parent/guardian custodial status; and

(7) Community referral needs.

(c) Services provided to each child shall be culturally sensitive while addressing identified risks and needs, and shall minimally include:

(1) Safety planning that is appropriate with respect to the child or adolescent's age, development, and education;

(2) A specific safe, protected play area for children;

(3) Advocacy with community systems;

(4) Referral to community resources for needed services;

(5) Linkage and advocacy with the local school system to provide for educational needs;

(6) Parenting support for clients, if applicable; and

(7) Children's groups using age appropriate topics and based on established best practices.

(d) Pursuant to Title 10A O.S. § 1-2-101, any person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services.

(e) Compliance with 75:15-2-7 shall be determined by a review of program policies and procedures, client records, on-site observations, written agreements, and/or other program documentation.

History

Added at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 3 Domestic Violence and Sexual Assault Programs [Revoked]

Part 1 REQUIRED DV/SA SHELTER PROGRAM COMPONENTS [Revoked]

Okla. Admin. Code § 75:15-3-1 Shelter services program [REVOKED]

History

Transferred from 450:19-3-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-3-2 Crisis intervention services program [REVOKED]

History

Transferred from 450:19-3-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Part 2 OTHER SERVICE COMPONENTS [Revoked]

Okla. Admin. Code § 75:15-3-7 Transitional living services program [REVOKED]

History

Transferred from 450:19-3-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-3-8 Safe home services program [REVOKED]

History

Transferred from 450:19-3-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-3-9 Batterer's intervention services program [REVOKED]

History

Transferred from 450:19-3-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-3-10 Sexual assault services program [REVOKED]

History

Transferred from 450:19-3-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Subchapter 4 Batterers Intervention Programs [Revoked]

Okla. Admin. Code § 75:15-4-1 Purpose [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-2 Batterers intervention program [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-3 Victim safety and confidentiality [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-4 Client records [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08

Okla. Admin. Code § 75:15-4-5 Record content [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-6 Client confidentiality [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-4-7 Physical safety and integrity of client records [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-8 Client record, handling, retention, and disposal [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-9 Physical plant, primary role [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-4-10 Fire and safety codes and inspections [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-11 Fire fighting and first aid equipment [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-12 Disaster procedures [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-13 Persons with special needs [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-14 Program environment [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-15 Admission criteria [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-16 Program management, policy and procedures [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-17 Program mission and goals [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 25 Ok Reg 1838, eff 7-1-08

Okla. Admin. Code § 75:15-4-18 Annual program evaluation [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-4-19 Critical incidents [REVOKED]

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-20 Client rights [REVOKED]

History

Added at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Okla. Admin. Code § 75:15-4-21 Client grievance policy and procedures [REVOKED]

History

Added at 24 Ok Reg 2508, eff 7-15-07; Revoked at 27 Ok Reg 1709, eff 7-1-10

Subchapter 5 Client Records and Confidentiality

Okla. Admin. Code § 75:15-5-1 Purpose

The purpose of this subchapter is to set forth the standards and criteria governing client records and confidentiality of client information, including client records for domestic violence, sexual assault and stalking clients.

History

Transferred from 450:19-5-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-5-2 Client records

(a) A certified program shall have and maintain a master client index system containing the client's name, and the program's discreet numerical or letter identifier. No identifying information such as initials, age, year of birth, or gender shall be part of the client ID. That same discreet identifier shall be the client ID that is entered into the OAG database without further encryption.

(b) A certified program shall have written policies and procedures for correcting errors on record material by lining through, initialing the error, and inserting the correct material either above the error or at the end of the entry. Further, the policies and procedures shall forbid the use of "white-out" or any action which obliterates the error.

(c) Compliance with 75:15-5-2 shall be determined by on-site observation, client records and any other supporting program documentation.

History

Transferred from 450:19-5-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-5-3 Record content - general

(a) Client records for both residential and non-residential clients shall contain, at a minimum, the following information:

(1) Intake and screening information:

(A) Client's name;

(B) Date of initial contact/intake;

(D) Emergency contact information;

(E) History/nature of abuse including an evidence-based, dangerousness assessment and screening for stalking and trauma including a description of the event that precipitated the request for services and safety planning;

(F) Screening for strangulation and head trauma, if applicable, information shall be given to client; and

(G) Perpetrator information if known.

(2) Service notes, which shall minimally include:

(A) The date, location, start time, duration and description of service provided delineated by time spent and service code; and

(B) The signature of staff or volunteer providing the services.

(3) Service plan shall focus on victim safety and well-being which shall minimally include goals and objectives of the client, which shall be agreed upon between the client and staff or volunteer.

(4) Exit information, which shall minimally include:

(A) Documentation that the client participated in planning for the client's exit from the program;

(B) The reasons for the client's exit or departure; and

(C) Client and staff or volunteer dated signatures or an explanation if staff or the volunteer were unable to obtain the client's signature.

(b) Each client record entry shall be legible, dated and signed by the staff member or volunteer making the entry.

(c) Compliance with 75:15-5-3 shall be determined by a review of program policies and procedures, review of the client records for content and/or other supporting program documentation.

History

Transferred from 450:19-5-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-5-3.1 Record content - service specific

(a) Client records for specific services shall conform to the following:

(1) Shelter Services:

(A) On a client's entry to the shelter, staff or volunteer shall record the client's name, emergency contact person(s) and any referral for medical or emergency services. This information may be a part of the full intake interview if the full intake is done on entering the shelter. An evidence-based, dangerousness assessment and safety planning shall be offered to be done at this time;

(B) Shelter clients shall be offered the full intake interview and screening within forty-eight (48) hours of entry into the shelter. If a client declines to participate with intake process, staff or volunteer shall document offer of services;

(C) Service plans shall be offered and completed within five (5) business days of the shelter client's entry to the shelter. If a client declines to participate with the formation of a service plan, staff or volunteer shall document offer of services;

(D) The service plan shall be offered to be reviewed and updated at least every two (2) weeks. If the client declines to review the service plan, staff or volunteer shall document offer of services;

(E) The client's service plan shall be offered to include components which address the needs of each child accompanying the client. If the client declines to add components for their children, staff or volunteer shall document offer of services;

(F) The service plan shall be offered to include safety issues for client and children. If the client declines to include safety issues, staff or volunteer shall document offer of services, and

(G) A daily note.

(2) Crisis Intervention Services:

(A) All face-to-face contacts with clients are documented and contacts with persons not receiving additional services shall be offered and documented. Documentation shall minimally include the following:

(i) Staff/Volunteer Name and signature;

(ii) Date, time, length, and location of intervention;

(iii) Safety planning based on risk;

(iv) Client's name, age, race, county of residence, and contact number if given;

(v) Protective order information if applicable;

(vi) Personnel involved such as police, hospital, etc.;

(vii) Summary of contact including injuries observed and services requested;

(viii) Follow-up services shall be offered to all victims if victim safety is not compromised; and

(ix) Outcome.

(B) All telephone contacts shall be documented. Documentation shall minimally include the following:

(i) Staff/Volunteer name;

(ii) Date, time and length of call;

(iii) Safety planning based on risk;

(iv) Caller's name and contact number, if given however, no caller shall be required to give a name, phone number or any other identifying information as a condition to receive information or domestic violence, sexual assault or stalking services;

(v) Summary of the call including services needed and offered;

(vi) Outcome; and

(D) Clients to be transported to shelter facilities shall be screened before the shelter referral is made. If the client is in immediate danger, or no safe housing is available, this screening may be initially waived. If the screening is waived, documentation shall reflect the reason(s) and the notification of such to the shelter.

(3) Counseling, Support and Advocacy Services:

(A) An assessment of the client's needs shall be completed by the third (3rd) counseling or advocacy session. If a client declines to participate staff or volunteer shall document offer of services;

(B) A service plan shall be completed by the fifth (5th) advocacy or counseling session. If a client declines to participate staff or volunteer shall document offer of services; and

(C) A service plan review and update shall be completed at a minimum of once every six (6) months. If a client declines to participate staff or volunteer shall document offer of services;

(4) Sexual Assault Services:

(A) For victims who continue in support or counseling sessions, a service plan shall be developed by the fifth (5th) visit. If a client declines to participate staff or volunteer shall document offer of services; and

(B) Service plans shall be reviewed and updated at a minimum of once every six (6) months. If a client declines to participate staff or volunteer shall document offer of services.

(5) Transitional Living Services:

(A) A service plan including safety issues for the client and dependents shall be developed within five (5) business days of the client moving in; and

(B) The service plan shall be reviewed and updated at least every ninety (90) days.

(6) Safe Home Services

(A) A service plan that includes goals agreed upon by the client and sponsoring family shall be developed within five (5) business days of the client moving in. On a client's entry to the Safe Home, the safe home provider shall record the client's name, emergency contact information, and pertinent medical information;

(B) Safe Home clients shall receive a full intake interview and screening by program staff or volunteer within twenty-four (24) hours of admission or by the first business day following admission;

(D) All records regarding the client shall be retained in the client's record at the sponsoring program.

(b) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.

(c) Compliance with 75:15-5-3.1 shall be determined by a review of client records, policy and procedures, call logs, and/or other supporting documentation.

History

Transferred from 450:19-5-3.1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-5-4 Client confidentiality

(a) The DVSA program must comply with both state and federal laws governing confidentiality and any exceptions to those laws.

(1) State Law: Case or client records, files or notes, of a DVSA program shall be confidential and shall only be released under certain prescribed conditions (74 O.S. § 18p-3):

(A) The case records, case files, case notes, client records, or similar records of a domestic violence or sexual assault program certified by the Attorney General or of any employee or trained volunteer of a program regarding an individual who is residing or has resided in such program or who has otherwise utilized or is utilizing the services of any domestic violence or sexual assault program or counselor shall be confidential and shall not be disclosed;

(B) For purposes of this subsection, the term "client records" shall include, but not be limited to, all communications, records, and information regarding clients of domestic violence and sexual assault programs; and

(C) The case records, case files, or case notes of programs specified in paragraph 1 of this subsection shall be confidential and shall not be disclosed except with the written consent of the individual, or in the case of the individual's death or disability, of the individual's personal representative or other person authorized to sue on the individual's behalf or by court order for good cause shown by the judge in camera.

(2) Federal Law:

(A) The Violence Against Women Act universal grant conditions regarding confidentiality, Section 3 of VAWA, 34 USC § 12291(b)(2) provides, in part: In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking, and their families, grantees and subgrantees shall protect the confidentiality and privacy of persons receiving services. Grantees and subgrantees shall not: disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantee and subgrantee programs, regardless of whether the information has been encoded, encrypted, hashed or otherwise protected; or disclose, reveal, or release individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of legal incapacity, a court-appointed guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without the parent's or guardian's consent, the minor or person with a guardian may release information without additional consent. If release of information is compelled by statutory or court mandate, grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the disclosure of information and take steps necessary to protect the privacy and safety of the persons affected by the release of the information. In no circumstances may an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking be required to provide a consent to release identifying information as a condition of eligibility for the services provided.

(B) The Family Violence Prevention and Services Act universal grant conditions on confidentiality, 42 USC 10401 et seq. provides, in part: Personally identifying information. The term personally identifying information has the meaning given the term in the Violence Against Women Act. In order to ensure the safety of adult, youth, and child victims of family violence, domestic violence, or dating violence, and their families, grantees and subgrantees under this title shall protect the confidentiality and privacy of such victims and their families. Subgrantees shall not disclose any personally identifying information collected in connection with services requested (including services utilized or denied), through grantee and subgrantee programs; or reveal personally identifying information without informed, written, reasonably time-limited consent by the person about whom information is sought, whether for this program or any other Federal or State grant program, which consent shall be given by the person, except in the case of an unemancipated minor, the minor and the minor's parent or guardian; or in the case of an individual with a guardian, the individual's guardian; and may not be given by the abuser or suspected abuser of the minor or individual with a guardian, or the abuser or suspected abuser of the other parent of the minor. If release of information is compelled by statutory or court mandate grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the release of the information; and grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

(C) Victims of Crime Act regulations on confidentiality applying to grantees, 28 CFR § 94.115 provides in part: Sub-recipients of VOCA funds shall, to the extent permitted by law, reasonably protect the confidentiality and privacy of persons receiving services under this program and shall not disclose, reveal, or release any personally identifying information or individual information collected in connection with VOCA-funded services requested, utilized, or denied, regardless of whether such information has been encoded, encrypted, hashed, or otherwise protected; or individual client information, without the informed, written, reasonably time limited consent of the person about whom information is sought, except that consent for release may not be given by the abuser of a minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without a parent's (or the guardian's) consent, the minor or person with a guardian may consent to release of information without additional consent from the parent or guardian. If release of information is compelled by statutory or court mandate, SAAs or sub-recipients of VOCA funds shall make reasonable attempts to provide notice to victims affected by the disclosure of the information, and take reasonable steps necessary to protect the privacy and safety of the persons affected by the release of the information.

(D) Housing Assistance Emergency Solutions Grants, at 42 U.S.C. § 11375(c)(5), require recipients to develop and implement procedures to ensure confidentiality of records pertaining to any individual provided family violence prevention or treatment services under this part and that the address or location of the family violence shelter project assisted under this part will not be made public without written authorization of the person or persons responsible for the operation of such shelter; and

(E) Stewart B. McKinney Homeless Assistance Act, at 42 U.S.C.§ 1130163, mandates that any victim service provider that is a recipient or subgrantee shall not disclose for purposes of the Homeless Management Information System (HMIS) any personally identifying information about any client. Subgrantees may be required to disclose for purposes of HMIS non-personally identifying information that has been de-identified, encrypted, or otherwise encoded. The Violence Against Women Act also contains a provision that specifies a domestic violence program provider shall not disclose any personally identifying information about any client to the Homeless Management Information System (HMIS).

(b) Compliance with 75:15-5-4 shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

History

Transferred from 450:19-5-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-5-4.1 Waiver of Confidential Information

(a) For a waiver of confidentiality to be valid, it must:

(1) Be voluntary;

(2) Relate only to the participant or the participant's dependents;

(3) Clearly describe the scope and any limitations of the information to be released;

(4) Include an expiration date;

(5) Inform the participant that consent can be withdrawn at any time, orally or in writing;

(6) Programs may only share the specific information the client allows in the release. The client gets to choose when, how and what personal information will be shared, or not shared, and with whom;

(7) Even when a court mandate requires the program to disclose or release information about the client, the program may only share the minimum information necessary to meet the statutory or court mandate; and

(8) The program/agency shall notify the victim of any disclosure and to continue taking steps to protect the victim's safety and privacy.

(b) A valid written release form for disclosure of client information shall have, at a minimum, the following elements:

(1) the specific name or general designation of the program or person permitted to make the disclosure;

(2) the name and title of the individual, agency or organization to which disclosure is to be made;

(3) the name of the client whose records are to be released;

(4) the purpose of the disclosure;

(5) a description of the information to be disclosed;

(6) the dated signature of the client or authorized representative or both when required;

(7) a statement of the right of the client to revoke the release in writing and a description of how the client may do so; and

(8) an expiration date, specified event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given. The reasonableness of this time period will depend on the specific situation.

(c) "In the event of my death" clause: Some programs have chosen to talk with clients about the lethality of domestic violence and ask if they would like the program to share information with police, prosecutors, the Oklahoma Fatality Review Board, or others the client may indicate in the event that the client dies (due or not due to DV). Because clients may have to sign multiple releases, programs shall have the "in the event of my death" exception on a different form.

(d) The program shall have written policies and procedures to ensure confidentiality of client information and identity and shelter location and govern the disclosure of information, including verbal disclosure, contained in client records. When a client record is established, the program shall discuss the confidentiality requirements with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed.

(e) Compliance with 75:15-5-4.1 shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

History

Added at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-5-5 Physical safety and integrity of client records

(a) Client records shall be maintained in a locked and secure manner. The program shall have written policies and procedures to safeguard the record and information contained in the record against loss, theft, defacement, tampering, or unauthorized access or use.

(b) Compliance with 75:15-5-5 shall be determined by a review of the program policies and procedures; on-site review of locking mechanisms and procedures to assure security; and onsite observation of the handling of client records.

History

Transferred from 450:19-5-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-5-6 Client record, handling, retention, and disposal

(a) A program shall have written policies and procedures addressing the storage, retention period, and method of disposal of client records. These policies and procedures shall be compatible with protecting clients' rights against unauthorized confidential information disclosures.

(b) Client records shall not be maintained and/or stored at a location other than the certified locations without the prior written authorization of the Office of the Attorney General.

(d) Compliance with 75:15-5-6 shall be determined by a review of the program's policies and procedures, and a review of office and files.

History

Transferred from 450:19-5-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-5-7 Shelter Policy on Medications

(a) The shelter shall seek to afford shelter residents with the greatest possible privacy and autonomy in regard to their medication, while also providing a safe shelter environment, as follows:

(1) Staff and volunteers shall not dispense medication or require residents to request their medication;

(2) The shelter will provide every resident with an individual locking box, locker, or locking cabinet ("locked space") for storage of medications and valuables or lock the clients' medication in a safe but accessible location;

(3) The shelter will not limit or monitor the client's access to the client's medication;

(4) If a client indicates that she needs access to refrigerated storage space, the shelter will provide refrigerated storage space in the manner that provides the greatest possible privacy and autonomy; and

(5) The shelter shall have a policy for the disposal of unused or abandoned medication or other substances.

(b) Safety Agreement: During a resident's stay at shelter, the client shall be asked to make sure that any medications the client has are safely secured. The shelter will ask every resident to sign an agreement that the client will store any medications in the client's individual locking box, locker, or locking cabinet provided, or if it is one requiring refrigeration, as otherwise provided. The agreement will provide that residents who have medications that must be taken in the event of a medical emergency may carry them on their person (e.g., in a fanny pack).

(c) Compliance with 75:15-5-7 shall be determined by a review of the program's policies and procedures, and on-site observation.

History

Added at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-5-8 RESERVED

Okla. Admin. Code § 75:15-5-9 RESERVED

Okla. Admin. Code § 75:15-5-10 Confidentiality of mental health and drug or alcohol abuse treatment information [REVOKED]

History

Transferred from 450:19-5-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Subchapter 7 Physical Environments

Okla. Admin. Code § 75:15-7-1 Physical plant, primary role

(a) The primary role of programs is to offer safety; they must also protect the confidentiality and privacy of victims of domestic violence, sexual assault, stalking and their dependent family members. The programs' physical plants shall not be utilized in any manner that fails to guarantee the confidentiality, safety and protection of the victims, their dependents and staff or volunteers.

(b) Facilities that serve both victims and batterers in the same facility shall have written procedures to ensure that those services do not jeopardize the safety and psychological well-being of victims.

(c) Compliance with 75:15-7-1 shall be determined by a review of program policies and procedures and a tour of the facility.

History

Transferred from 450:19-7-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-2 Fire and safety codes and inspections

(a) The physical environments of shelter facilities, housing options and all office space shall meet safety, zoning and building code regulations required by local, state and federal authorities, and shall obtain and maintain an annual fire and safety inspection from local or state authorities.

(b) Compliance with 75:15-7-2 shall be determined by a review of the annual fire and safety inspection report.

History

Transferred from 450:19-7-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-3 Fire fighting and first aid equipment

(a) All facilities shall have a first aid supply kit and annually maintained fire extinguishers.

(b) Compliance with 75:15-7-3 shall be determined by on-site observation and by interviewing staff or volunteers.

History

Transferred from 450:19-7-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11

Okla. Admin. Code § 75:15-7-4 Disaster procedures

(a) There shall be written procedures describing the emergency plans in case of a disaster, whether internal or external, or in case of threat to the safety of any client, staff or volunteer. Evacuation routes, inside sheltering sites and fire extinguisher locations shall be posted.

(b) Fire, tornado, bomb threat and intruder drills shall be conducted annually. The date, time, and type of the drill shall be documented.

(c) Compliance with 75:15-7-4 shall be determined by on-site observation, a review of written procedures, staff or volunteer interviews, and documentation of drills.

History

Transferred from 450:19-7-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11

Okla. Admin. Code § 75:15-7-5 Persons with special needs

(a) Pursuant to the Americans with Disabilities Act of 1990, the program shall ensure that persons with disabilities are not excluded from services. Programs are required to integrate a person with a disability into agency services, unless providing separate services is the only way to offer equal opportunities for services. Referrals must be offered when necessary, and the program shall have written procedures for referrals of disabled persons who cannot be served on-site. Service and companion animals should be allowed in facilities unless the animal poses a direct threat to the health/safety of others. Auxiliary aids/services should be offered as necessary to ensure effective communication unless doing so would cause an undue burden (i.e., significant difficulty or expense) or fundamental alteration in services. Alterations to existing buildings must be accessible to the maximum extent feasible. All newly constructed facilities must be accessible to persons with disabilities unless it is structurally impractical. (Americans with Disabilities Act of 1990) Resource: Americans with Disabilities Handbook, published by (U.S.) Equal Employment Opportunities Commission, and the (U.S.) Department of Justice.

(b) Compliance with 75:15-7-5 shall be determined by a review of program policies and procedures.

History

Transferred from 450:19-7-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-6 Program environment

(a) The program environment shall meet the following conditions:

(1) The facility shall be accessible by an all-weather road;

(2) The facility shall have adequate space in which to carry out the program's goals and objectives, including outdoor areas and equipment when appropriate;

(3) The facility shall have heating and air conditioning equipment adequate to maintain the temperature in areas utilized by clients at between 65°F and 85°F;

(4) The facility shall have adequate ventilation and air circulation provided in the facility to assure an environment that will be comfortable for the clients;

(5) The facility shall have water from an approved tested potable source;

(6) The facility shall have, at minimum, a commode and lavatory facility. The privacy of individuals shall be assured while using these facilities;

(7) All doors, including those for each closet, bedroom, bathroom, and office, shall be easily opened from both sides;

(8) Smoking shall not be allowed in any indoor portion of any facility;

(9) Facility sanitation shall be maintained to prevent offensive odors and insect infestation.

(10) All facilities shall have emergency backup lighting;

(11) Telephones shall be provided for the convenience of the staff or volunteers, and the necessary accommodation of the clients. Pay telephones only are not acceptable ;

(12) There shall be written policies and procedures addressing the use of any outdoor recreational space, including required supervision and the safety of children;

(13) Toxic materials and dangerous substances, such as toxic cleaners, insecticides, and matches shall be stored in a non-client area, locked space where they are not accessible to children;

(14) Combustible materials shall be stored in locked non-flammable containers; and

(15) The Poison Control Center's toll-free telephone number shall be posted and visible to staff, volunteers and clients at all times.

(b) Compliance with 75:15-7-6 shall be determined by a review of program policies and procedures, staff, volunteer and client interviews, and on-site observation.

History

Transferred from 450:19-7-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-7 Program environment, shelter services programs

(a) All certified shelter services programs shall comply with section 75:15-7-6 and the following:

(1) Baby beds and high chairs that ensure children's safety and comfort shall be available for infants and small children;

(2) The facility shall have access to outdoor recreational space and playground equipment located, installed, and maintained as to ensure the safety of the clients and their children. The grounds and access thereto shall be maintained in a manner that shall ensure the area is free of any hazard to health or safety;

(3) Safe and adequate internal play space for children, including outlet protectors and gated stairwells;

(4) Kitchens used for meal preparation in the residential facility shall be provided with the necessary equipment for the preparation, storage, serving, and clean-up of all meals. All equipment shall be maintained in working order;

(5) Provisions shall be made to assist or make food available for meal preparation that accommodates special diets;

(6) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) to twelve (12) residents, including infants and children. The privacy of individuals or families shall be assured while using these facilities;

(7) Residents' rooms shall be so arranged that the client has direct access to a hallway or common area without having to pass through other resident's rooms or areas;

(8) There shall be written policies and procedures for laundry and linens, addressing frequency of changing linens, and laundry arrangements within the facility;

(9) Laundry equipment shall be provided within the residential facility, and shall be kept clean, well-maintained, and properly ventilated;

(10) Reasonable space shall be provided for storage of clients' personal belongings;

(11) Written policies and procedures shall address secure storage of client valuables;

(12) Written policies and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication;

(13) The facility shall be secured by double locks or locking devices such as chains, bolts, etc., on ground floor doors. However, documentation that the locking system meets state and local fire code inspection shall be accepted. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible;

(14) All outdoor openings such as windows shall be covered for privacy; and

(15) Provision shall be made for cleaning the facility minimally once per week. A written work schedule or other form of notification shall be posted that clearly delineates each individual's responsibility for various tasks.

(b) Compliance with 75:15-7-7 shall be determined by a review of program policies and procedures; shelter rules, staff, volunteer and client interviews where appropriate, and on-site observation.

History

Transferred from 450:19-7-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-8 Program environment, Safe Home services program

(a) All Safe Home services programs shall comply with section 75:15-7-6(a) (1) -(11) and the following:

(1) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) for every eight (8) persons, including infants and children. The privacy of individuals or families shall be assured while using these facilities;

(2) Written policies and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication;

(3) The Safe Home shall be secured by double locks or locking devices such as chains, bolts, etc., on ground floor doors which meets state and local fire code inspection. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible; and

(4) All outdoor openings such as windows shall be covered for privacy.

(b) Compliance with 75:15-7-8 shall be determined by a review of program policies and procedures, provider and client interviews where appropriate, and on-site observation.

History

Added at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-7-9 Program environment, transitional living services program

(a) All transitional living services programs shall comply with section 75:15-7-6(a) (1) -(10) and the following:

(1) operable smoke detectors;

(2) 24-hour access to a telephone for emergencies;

(3) secured by double locks or locking devices such as chains, bolts, etc., which meet state and local fire code inspection;

(4) outdoor openings such as windows shall be covered for privacy; and

(5) the facility shall have, at minimum, a commode, lavatory and bathing facility at a ratio of one (1) for every eight (8) persons, including infants and children. The privacy of individuals or families shall be assured while using these facilities.

(b) Compliance with 75:15-7-9 shall be determined by a review of program policies and procedures, provider and client interviews where appropriate, and on-site observation.

History

Added at 24 Ok Reg 2508, eff 7-15-07; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Subchapter 8 Technology

Okla. Admin. Code § 75:15-8-1 Technology and system plan

(a) The agency shall have a written plan regarding the use of technology to support and advance effective and efficient service and business practices. The plan shall include, but not be limited to:

(1) Hardware and software.

(2) Security.

(3) Confidentiality.

(4) Backup policies.

(5) Assistive technology.

(6) Disaster recovery preparedness.

(7) Virus protection.

(b) Compliance with 75:15-8-1 shall be determined by a review of the facility policies, performance improvement plans and technology system plan.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Subchapter 9 Program Management And Performance Improvement

Okla. Admin. Code § 75:15-9-1 Admission criteria

(a) The agency shall have specific written criteria for each program service component identifying persons for whom the services are intended, and persons who are excluded from receiving services.

(b) The program shall have a written policy requiring referral of any individual who does not meet services criteria.

History

Transferred from 450:19-9-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-9-2 Program management, policies and procedures

(a) The agency shall maintain written policies and procedures that describe each program service component, the rules clients are expected to follow for each component and staff or volunteer duties. Policies shall include but are not limited to:

(1) Physical punishment of children shall not be allowed;

(2) Length of stay limitations, if any; and

(3) Participation in housekeeping, food preparation or other activities, if applicable.

(b) Clients shall be given a copy of program rules and the provision of such shall be documented in the client record.

(d) Compliance with 75:15-9-2 shall be determined by a review of the program's written policies and procedures; rules; client interviews and record documentation.

History

Transferred from 450:19-9-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-9-3 RESERVED

Okla. Admin. Code § 75:15-9-4 RESERVED

Okla. Admin. Code § 75:15-9-5 RESERVED

Okla. Admin. Code § 75:15-9-6 RESERVED

Okla. Admin. Code § 75:15-9-7 Program mission and goals

(a) The program shall have a written mission statement, and annually state in writing the program's goals.

(b) The annual program goals shall be approved by the agency's governing body each year, and shall be disseminated to staff and volunteers.

(c) Compliance with 75:15-9-7 shall be determined by a review of the mission statement, program's annual goals, governing body minutes, staff meeting minutes and any other relevant documentation provided by the program.

History

Transferred from 450:19-9-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11

Okla. Admin. Code § 75:15-9-8 Annual program evaluation

(a) On or before December 31 each year, the agency shall submit an annual evaluation of the program's services, facilities and policies and procedures, covering the period between July 1 - June 30. This evaluation shall be carried out according to a written plan established in policies and procedures to include the plan of evaluation, data to be reviewed, and the persons to conduct the evaluation, e.g., governing body members, staff, volunteers or other persons. The evaluation shall include an assessment to identify special populations of victims of sexual assault, domestic violence and stalking who are underserved or who have special needs.

(b) Upon completion, this evaluation shall be submitted and reviewed by the governing body, and made available to staff and volunteers.

(c) Compliance with 75:15-9-8 shall be determined by a review of the program evaluation, policies and procedures, staff meeting minutes, and/or any other supporting documentation.

History

Transferred from 450:19-9-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-9-9 Critical incidents

(a) The program shall have policies and procedures requiring documentation and reporting of critical incidents.

(b) Each critical incident shall be recorded and monitored as follows:

(1) agency name and name and signature of the person(s) reporting the critical incident;

(2) Client ID(s), staff member(s), volunteers, and/or propertyinvolved in the critical incident;

(3) the date, time and physical location of the critical incident, if known, and the name of the staff or volunteer the incident was reported to;

(4) a description of the incident;

(5) severity of each injury, if applicable. Severity shall be indicated as follows:

(A) no off-site medical care required or first aid care administered on-site;

(B) medical care by a physician or nurse or follow-up attention required; or

(6) resolution or action taken, date action taken and signature of the agency director or authorized designee.

(1) Incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax or mail, including electronic mail, to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented ; and

(2) Incidents involving disaster at a facility, death or client abuse shall be reported to the Safe line at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit.

(d) Compliance with 75:15-9-9 shall be determined by a review of policies and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.

History

Transferred from 450:19-9-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-9-10 Performance improvement plan [REVOKED]

History

Transferred from 450:19-9-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Subchapter 11 Client Rights [Revoked]

Okla. Admin. Code § 75:15-11-1 Client rights, shelter and residential services [REVOKED]

History

Transferred from 450:19-11-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-11-2 Client rights, non-shelter residential services [REVOKED]

History

Transferred from 450:19-11-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-11-3 Client's grievance policy [REVOKED]

History

Transferred from 450:19-11-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Subchapter 13 Personnel and Volunteers

Part 1 PERSONNEL

Okla. Admin. Code § 75:15-13-1 Personnel policies and procedures

(a) The program shall have written policies and procedures governing the conditions of agency employment to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to employment all certified programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of employees to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all programs are required to conduct a name search of employees against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(b) The agency's policies and procedures shall be accessible to all personnel and each shall be informed of personnel policies and procedures, and any other materials regulating or governing the conditions of their employment.

(d) Compliance with 75:15-13-1 shall be determined by a review of the program's personnel policies and procedures, interviews with staff and volunteers, review of staff meeting minutes and/or other supporting documentation.

History

Transferred from 450:19-13-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-13-2 Policy and procedures, personnel and volunteer knowledge and access [REVOKED]

History

Transferred from 450:19-13-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-13-3 Non-discrimination

(a) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with personnel in accordance with applicable state and federal laws.

(b) Compliance with 75:15-13-3 shall be determined by a review of the program's written policy and procedure, and staff or volunteer interviews.

History

Transferred from 450:19-13-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-4 Selection of personnel

(a) The methods for selecting personnel shall be described in policies and procedures and shall include, but not be limited to:

(1) The processes for recruitment, selection and appointment; and

(2) Written criteria demonstrably related to the position being filled.

(b) Compliance with 75:15-13-4 shall be determined by:

(1) Review of the policies and procedures;

(2) Review of job descriptions for personnel; and

(3) Review of any other supporting documentation.

History

Transferred from 450:19-13-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-5 Job descriptions, personnel

(a) The agency shall have written job descriptions for personnel defining the duties of, and minimum qualifications for, each position.

(b) Compliance with 75:15-13-5 shall be determined by:

(1) Review of the program's policies and procedures; and

(2) Review of the program's job descriptions.

History

Transferred from 450:19-13-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-6 RESERVED

Okla. Admin. Code § 75:15-13-7 RESERVED

Okla. Admin. Code § 75:15-13-8 Personnel records

(a) The agency shall maintain record(s) for each staff member or volunteer selected and utilized; documentation shall minimally include:

(1) Job description;

(2) Employment application or resume;

(3) Documentation of current qualifications and training as required and defined in the job description;

(4) Duty or work assignment;

(5) Record of hours worked or hours of service performed;

(6) Record of participation in training;

(7) Staff or volunteer performance evaluation(s); and

(8) Emergency notification information.

(b) Compliance with 75:15-13-8 shall be determined by a review of personnel records.

History

Transferred from 450:19-13-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-9 Supervision of personnel

(a) A certified program shall establish in writing lines of supervision for all personnel.

(b) Compliance with 75:15-13-9 shall be determined through a review of the program's policies and procedures, or any other supporting documentation provided including, but not limited to, personnel manuals, organizational charts, job descriptions, and personnel files.

History

Transferred from 450:19-13-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-10 Performance evaluation of personnel

(a) The agency shall have policies and procedures mandating the evaluation of personnel employment and service performance. These policies and procedures shall minimally include:

(1) Performance evaluations shall be completed at least annually, to include an evaluation of the executive director;

(2) Define the reason(s) for any evaluation other than annual;

(3) Performance evaluations shall be in writing and based on the staff's or volunteer's job description;

(4) Each evaluation shall be individually discussed with the staff or volunteer;

(5) Personnel shall have a documented opportunity to respond, in writing, to each of their individual performance evaluations; and

(6) Both staff or volunteer and supervisor shall sign and date the performance evaluation. However, the evaluation document shall state the staff's or volunteer's signature does not necessarily constitute agreement with the evaluation content.

(b) Compliance with 75:15-13-10 shall be determined by a review of:

(1) Program policies and procedures, governing authority meeting minutes where applicable; and

(2) Review of personnel files.

History

Transferred from 450:19-13-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Part 2 VOLUNTEERS

Okla. Admin. Code § 75:15-13-12 Volunteer policies and procedures

(a) The program shall have written policies and procedures governing volunteer utilization to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to direct services volunteering, all programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of volunteers to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all programs are required to conduct a name search of direct services volunteers against the registries maintained pursuant to the Oklahoma Sex Offender Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(b) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with volunteers in accordance with applicable state and federal laws.

(c) Compliance with 75:15-13-12 shall be determined by a review of the program's written policies and procedures, and volunteer interviews.

History

Added at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-13 Supervision of volunteers

(a) The program shall establish in writing lines of supervision for all volunteers.

(b) The program shall ensure each volunteer has the knowledge relevant to the volunteer's job duties and is supervised pursuant to program policies and procedures.

(c) Compliance with 75:15-13-13 shall be determined through a review of the program's policies and procedures, and any other supporting documentation provided including, but not limited to, volunteer manuals, and organizational charts.

History

Added at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-14 Volunteer records

(a) The program shall maintain record(s) for each volunteer selected and utilized; documentation shall minimally include:

(1) Duty or work assignment;

(2) Record of hours worked or hours of service performed;

(3) Record of participation in training; and

(4) Emergency notification information.

(b) Compliance with 75:15-13-14 shall be determined by a review of personnel records.

History

Added at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Part 3 TRAINING

Okla. Admin. Code § 75:15-13-20 Personnel, paraprofessional and volunteer development plan [REVOKED]

History

Transferred from 450:19-13-20 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-13-20.1 Orientation - general, personnel and volunteers

(a) A certified program shall provide a minimum of 30 hours of orientation training that incorporates the use of adult learning techniques (i.e., scenarios, role playing, shadowing) to familiarize new personnel and volunteers providing direct services with the program which includes, but is not limited to:

(1) Program goals and services of each service component;

(2) Program policies and procedures;

(3) Confidentiality to include verbal confidentiality, whether inside or outside the facility and client records;

(4) Facility safety and disaster plans;

(5) First aid kits and fire extinguishers, their location, contents, and use;

(6) Universal precautions;

(7) Client rights;

(8) Domestic violence and its effects on victims and children;

(9) Power and control tactics of abuse;

(10) Dangerousness and lethality assessment including strangulation and head trauma;

(11) Crisis intervention techniques;

(12) Sexual assault;

(13) Stalking;

(14) Victim advocacy;

(15) Parenting and disciplinary techniques for children who have been exposed to domestic violence and trauma;

(16) Active and empathetic listening techniques including hotline skills;

(17) Accessing resources needed by victims and their families including how to ensure services and access resources for persons with special needs, including cognitive disabilities or who are deaf or hard of hearing, non-English speaking persons, or undocumented immigrants to include basic information on U visas and T visas;

(18) Safety planning for adults and age appropriate safety planning for children;

(19) Basic child development;

(20) Legal and ethical issues;

(21) Cultural Sensitivity;

(22) Effects of trauma including post-traumatic stress disorder;

(23) Victim's use of force; and

(24) Documentation of services.

(b) Staff and volunteers providing indirect services and children's activities are required to complete orientation as prescribed by the Executive Director which shall include training on confidentiality, facility safety and disaster plans.

(c) Orientation for personnel must take place within 30 days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within 6 months or prior to unsupervised, direct client contact and services. The Executive Director of a facility may waive orientation training if it is documented that the staff or volunteer has completed the requisite program training within the past year.

(d) Program directors shall attend New Director Orientation and training offered by the Oklahoma Office of the Attorney General, within the first six months of employment.

(e) Compliance with 75:15-13-20.1 shall be determined by a review of the written policies and procedures, and personnel and volunteer training manuals and records.

History

Transferred from 450:19-13-20.1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-13-20.2 In-service and ongoing training for personnel and volunteers

(a) A certified program shall have policies and procedures mandating, at the minimum, sixteen (16) hours of annual training of all staff which shall include:

(1) Confidentiality, to include verbal confidentiality, whether inside or outside the facility and client records;

(2) Facility safety and disaster plans;

(3) First aid kits and fire extinguishers, their location, contents, and use;

(4) Universal precautions;

(5) Client rights;

(6) Legal and ethical issues; and

(7) The remaining hours of annual training shall be related to domestic violence, sexual assault, stalking, batterers' intervention and administration as prescribed and approved by the Executive Director.

(b) A certified program shall have policies and procedures mandating a minimum of 16 hours annual training of all volunteers providing direct services related to domestic violence, sexual assault, and stalking as prescribed and approved by the Executive Director.

(c) Staff and volunteers who provide indirect services and do not meet the requirements for staff and volunteers providing direct services as defined in OAC 75:15-1-2 shall receive annual training as prescribed by the Executive Director, but do not have a minimum number of training hours required.

(d) Documentation of training must include the topic of the training, the name of the trainer(s), the date of the training, the length of the training session, the sponsor of the training, and approval of the training by the Executive Director of the agency.

(e) A Certified Domestic and Sexual Violence Response Professional in good standing with the Oklahoma Coalition Against Domestic Violence and Sexual Assault (OCADVSA) shall be deemed to be current with annual training requirements upon completion of required annual training set forth in subsection (a) above. A copy of the current certification card issued by the OCADVSA shall be evidence of good standing.

(f) Compliance with 75:15-13-20.2 shall be determined by a review of policies and procedures; review of training records and other provided documentation of personnel training; and a review of personnel or volunteer records.

History

Transferred from 450:19-13-20.2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 27 Ok Reg 1709, eff 7-1-10
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-13-21 RESERVED

Okla. Admin. Code § 75:15-13-22 RESERVED

Okla. Admin. Code § 75:15-13-23 RESERVED

Okla. Admin. Code § 75:15-13-24 Personnel training, children's services

(a) Prior to providing any direct services, children's services personnel shall receive the prescribed orientation training and minimally have one (1) year employment or volunteer experience in a child care or service related field, or an equivalent combination of education, training and experience in child care or development issues.

(b) Compliance with 75:15-13-24 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel or volunteer records.

History

Transferred from 450:19-13-24 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-25 Personnel training, sexual assault services

(a) Prior to providing any direct services or CLEET training, all sexual assault services staff or volunteers shall receive a minimum of six (6) hours classroom training in addition to basic orientation which shall include, but not be limited to:

(1) Sexual abuse within the family (i.e., incest, sibling abuse, marital and domestic relationship rapes);

(2) Sexual assault outside the family (i.e., stranger, non-stranger, abuse by professionals, sexual harassment, and bullying);

(3) Sexual assault within institutions (i.e., nursing homes, residential facilities, prisons, military);

(4) Commercial sexual exploitation (i.e., prostitution, trafficking, pornography, escort services);

(5) Non-traditional client populations (i.e., males, same sex, bisexual or transgender victims, non-English speaking, undocumented immigrants, victims with cognitive disabilities or who are deaf or hard of hearing; and

(6) Other topics to increase skills, such as post-traumatic stress syndrome as it relates to rape trauma, rape trauma syndrome, self-injury, and alcohol and drug use.

(b) Compliance with 75:15-13-25 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel or volunteer records.

History

Transferred from 450:19-13-25 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-26 Personnel training, transitional living services

(a) Prior to providing any direct services, all transitional living services personnel shall receive the prescribed orientation training in 75:15-13-20.1.

(b) The program shall have policies and procedures mandating a minimum of sixteen (16) hours annual training for transitional living services personnel.

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel records.

History

Transferred from 450:19-13-26 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-13-27 Provider training, Safe Home services

(a) Prior to providing any direct services, all Safe Home providers shall receive the prescribed orientation training in 75:15-13-20.1.

(b) The program shall have policies and procedures mandating a minimum of four (4) hours annual training for Safe Home providers.

(1) Review of program's policies and procedures; and

(2) Review of program's training records.

History

Transferred from 450:19-13-27 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-28 Personnel training, public education services [REVOKED]

History

Transferred from 450:19-13-28 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff 7-15-07

Okla. Admin. Code § 75:15-13-29 Personnel training, Court Advocates

(a) Prior to providing services, Court Advocates shall receive the prescribed orientation training, and training in the following:

(1) Protective orders (i.e., the requirements for obtaining an ex parte emergency protective order and permanent protective order and an understanding of what happens after a protective order is issued);

(2) Full faith and credit;

(3) The court process including safety planning during this time; and

(4) At least three (3) hours of accompanied court time with a trained court advocate that includes observation of an ex parte emergency protective order hearing and a final protective order hearing.

(b) Compliance with 75:15-13-29 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel records.

History

Transferred from 450:19-13-29 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-13-30 Personnel training, batterers intervention services [REVOKED]

History

Transferred from 450:19-13-30 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Revoked at 27 Ok Reg 1709, eff 7-1-10

Subchapter 15 Governing Authority

Okla. Admin. Code § 75:15-15-1 Governing authority

(a) The agency shall have a governing authority. In the instance of Native American programs, the tribal council may be the governing body.

(b) The governing authority shall establish, and function under, written by-laws. These by-laws shall minimally include:

(1) Designation of regular quarterly meetings to be held in accordance with the Open Meeting Act;

(2) Recording and retention of written minutes;

(3) Eligibility criteria, selection, terms, responsibilities, power, and duties of members;

(4) Term limitations, removal and filling of vacancies;

(5) Attendance policy;

(6) Prohibition on staff serving as voting members of the governing authority;

(7) Establishment of a quorum; and

(8) Conflict of interest agreement.

(1) Documents of incorporation or registration as a business entity or documentation from the appropriate Tribal Council;

(2) Review of the written by-laws; and

(3) Review of the governing authority's minutes.

History

Transferred from 450:19-15-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-15-2 Governing authority, documentation of source of authority [REVOKED]

History

Transferred from 450:19-15-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-15-3 Duties of the governing authority

(a) The duties of the governing authority shall include, but are not limited to:

(1) Approving all policies for the operation of the agency, and ensuring procedures for the implementation of policies are in place and enforced;

(2) Ensuring the agency operates in compliance with established agency policy, applicable state and federal law and administrative rules;

(3) Compliance with the by-laws of the governing authority;

(4) Ensuring all financial transactions and events requiring the approval of the governing authority are reviewed and authorized by the governing authority prior to any commitment by agency personnel;

(5) The selection, annual evaluation and continuance of retention of the executive director;

(6) Review and approve all contractual agreements;

(7) Review the program audit and certification reports from the VSU and approve any plans of correction; and

(8) Oversee the financial administration of the program, including review and approval of financial audits.

(b) Compliance with 75:15-15-3 shall be determined by a review of:

(1) By-laws and minutes of the meetings of the governing authority;

(2) Posted or otherwise distributed written materials regarding decisions and other notifications of the governing authority;

(3) Personnel meeting minutes of the program and its various divisions or geographical locations where applicable; and

(4) Written evaluation and any other documentation regarding the retention or selection or hiring of the executive director.

History

Transferred from 450:19-15-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 25 Ok Reg 1838, eff 7-1-08
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-15-4 Governing authority, meeting minutes

(a) Minutes of the governing authority shall be kept in written form; reviewed at the next following meeting; corrected if such is approved; and signed by the presiding or authorized officer or chairperson.

(b) Meeting minutes shall include, but are not limited to, recording of:

(1) The date, time and place of the meeting;

(2) Names of those members attending;

(3) Whether, or not, the meeting was convened; and if not why;

(4) Approval of minutes from past meeting;

(5) Topics and issues discussed and decisions reached;

(6) Recording of motions and of votes on the motion; and

(7) Time of adjournment.

History

Transferred from 450:19-15-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-15-5 Governing authority, orientation

(a) A certified program shall provide a minimum of 2 hours orientation training to members of the governing authority which includes, but is not limited to:

(1) Program goals and services of each service component;

(2) Program policies and procedures;

(3) Underlying philosophy [OAC 75:15-1-1.1] ;

(4) Confidentiality, to include verbal confidentiality, whether inside or outside of the facility and client records;

(5) Client rights and grievance procedure;

(6) Legal and ethical issues;

(7) Overview of domestic violence, sexual assault and stalking;

(8) Open Meeting Act and recording of meeting minutes;

(9) Open Records Act;

(10) Rules, including standards and criteria to ensure multi-cultural needs of clients are met, used in certifying programs;

(11) Role and responsibility of the executive director; and

(12) Role and responsibility of the governing authority.

(b) Orientation training shall take place within 90 days of election to the governing authority.

(c) Members of the governing authority providing volunteer direct or indirect services to clients shall receive the prescribed orientation and training required for program personnel in addition to the orientation set forth in this Section.

(d) Compliance with 75:15-15-5 shall be determined by a review of written policies and procedures, training materials, training records, and minutes of meetings.

History

Added at 25 Ok Reg 1838, eff 7-1-08; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Subchapter 17 Clients Rights

Okla. Admin. Code § 75:15-17-1 Applicability

This Part is applicable to those domestic violence, sexual assault and stalking programs and shelters certified by the OAG pursuant to 74 O.S. § 18p-1 et seq.

History

Transferred from 450:15-3-70 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:15-17-2 Client right to information, refused services [REVOKED]

History

Transferred from 450:15-3-71 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Revoked at 23 Ok Reg 2200, eff 7-1-06

Okla. Admin. Code § 75:15-17-3 Client Rights

(a) Each client shall be afforded all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged through due process of law by a court of competent jurisdiction. Each program shall ensure each client has the rights which are listed below:

(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity;

(2) Each client has the right to a safe, sanitary, and humane living environment;

(3) Each client has the right to a humane psychological environment protecting the client from harm, abuse, and neglect;

(4) Each client has the right to an environment that provides reasonable privacy, promotes personal dignity, and provides physical and emotional safety;

(5) Each client has the right to receive services suited to the client's needs without regard to race, sex, color, age, national origin, genetic information, religion, degree of disability, or legal status;

(6) Each client, on admission, has the absolute right to communicate with a relative, friend, clergy, or attorney, by telephone or mail, at the expense of the program if the client is indigent;

(7) Each client shall have and retain the right to confidential communication with an attorney, personal physician or clergy;

(8) Each client has the right to uncensored, private communications including, but not limited to, letters and telephone calls. Copies of any personal letter, sent or received, by a client shall not be kept in the client's record without the written consent of the client;

(9) No client shall be neglected or sexually, physically, verbally, or otherwise abused;

(10) Each client shall have the right to practice free exercise of religious beliefs, and be afforded the opportunity for religious worship that does not infringe on the health or safety of others. No client shall be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief;

(11) Each client has the right to be offered prompt, competent, appropriate services and an individualized service plan. The client shall be afforded the opportunity to participate in the creation of the client's service plan. The client may consent or refuse to consent to the proposed services;

(12) The records of each client shall be confidential. This confidentiality remains intact even after the client's death;

(13) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by-law. A refusal to participate shall not affect the services available to the client;

(14) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights;

(15) No client shall ever be retaliated against, or be subject to any adverse conditions or services solely or partially because of having asserted the rights stated in this section;

(16) Upon request, each client has the right to review the client's own records. Upon written request, each client has a right to receive a copy of the client's own records or authorize an attorney or other person to do so. The program must provide a copy within a reasonable amount of time. The portion of the client's records regarding mental health or substance abuse treatment, may only be released pursuant to the provisions of 43A O.S. § 1-109 and 42 CFR shall apply;

(17) Each client has the right to know why services are refused and can expect an explanation concerning the reason why the client was refused particular services;

(18) Each client has the right to voluntary services that are self-determined; and

(19) Each client has the right to decide whether or not to participate in supportive services offered by the program.

(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.

(d) Client rights shall be visibly posted in client areas of the facility.

(e) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff or volunteers.

(f) Compliance with 75:15-17-3 and applicable federal laws and regulations shall be determined by a review of program policies and procedures, client records, on-site observation, written agreements, and/or other program documentation.

History

Transferred from 450:15-3-72 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff 7-25-13
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:15-17-4 Client grievance policies and procedures

(a) Each program shall have a written client grievance policy providing for, but not limited to, the following:

(1) Written notice of the grievance and appeal procedure provided to the client; and, if involved with the client, to family members or significant others;

(2) Time frames for the grievance policy's procedures, which allow for an expedient resolution of client grievances as follows:

(A) Transitional living, shelter services, and Safe Home timeframes for resolution of grievances by program staff or volunteers shall be seven (7) days unless appealed; and

(B) Non-transitional living and non-shelter services timeframes for resolution of grievances by program staff or volunteers shall be fourteen (14) days unless appealed;

(3) Name(s) of the individual(s) who are responsible for coordinating the grievance policy and the individual responsible for or with the authority to make decision(s) for resolution of the grievance. In the instance where the decision maker is the subject of a grievance, decision-making authority shall be delegated;

(4) Provide for notice to the client that he or she has a right to make a complaint to the OAG Victims Services Unit;

(5) Clients shall be given a copy of the grievance policy, including the right to make a complaint to the OAG, and the provision of such shall be documented in the client record, including the phone number, mailing address, and email address of the Victims Services Unit of the Office of the Attorney General;

(6) Mechanism to monitor the grievance process and improve performance based on outcomes; and

(7) Annual review of the grievance policies and procedures, with revisions as needed.

(b) Compliance with 75:15-17-4 shall be determined by a review of program policies and procedures, client records, on-site observation, written agreements, and/or other program documentation.

History

Transferred from 450:15-3-73 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg 2200, eff 7-1-06; Amended at 24 Ok Reg 2508, eff 7-15-07; Amended at 28 Ok Reg 1906, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Chapter 20 Address Confidentiality Program

Okla. Admin. Code § 75:20-1-1 Purpose

This chapter establishes administrative procedures necessary to implement the Address Confidentiality Program.

History

Transferred from 655:30-1-1 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 75:20-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless context clearly indicates otherwise.

"ACP" means Address Confidentiality Program.

"Address Confidentiality Program" means the statutorily created program responsible for implementing the provisions of 22 O.S., §§ 60.14 et. seq. within the Office of the Oklahoma Attorney General.

"Application Assistant" means a volunteer or employee of a designated agency that has been trained and registered by the Office of the Oklahoma Attorney General to assist individuals in the application process.

"Authorization Card" means the card issued by the ACP Program Manager to a program participant upon certification identifying them as a program participant.

"Authorization Number" means a number assigned to a program participant by the ACP Program Manager upon certification.

"Certification" means the process by which an applicant is determined eligible to participate in the program.

"Designated Agency" means a state or local agency, federal government, a federally recognized tribal government agency, or a nonprofit agency that provides counseling, shelter, or other services to victims of domestic abuse, sexual assault, human sex trafficking, or stalking that has been identified by the Office of Attorney General as a place where persons apply to be program participants.

"Minor" means a person who is less than eighteen (18) years of age.

"Program Manager" means the employee of the Victim Services Unit of the Office of Attorney General designated by the Oklahoma Attorney General to administer the Address Confidentiality Program.

"Record" means a public record as defined in 51 O.S., § 24A.3.

"Substitute Mailing Address" means the address assigned to a program participant by the Victim Services Unit of the Office of Attorney General.

History

Transferred from 655:30-1-2 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-3 Forms and informational material

The Attorney General has prepared the following forms and informational materials related to this Chapter:

(1) Application Assistant Agreement Form

(2) Application Assistant Training Manual

(3) Application Assistant Guide

(4) Address Confidentiality Program Application

(5) Program Agreement

(6) Authorization Card Form

(7) Change of Address Form

(8) Address Confidentiality Program Brochure

(9) ACP Implementation in Public Schools

(10) Participant Verification Form

History

Transferred from 655:30-1-3 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-4 Application assistants

(a) Prior to being designated as an application assistant, an individual must:

(1) Attend required training sessions provided by the ACP;

(2) Agree to adhere to the policies, procedures and directions provided by the ACP for rendering assistance to program applicants; and

(3) Complete and sign an application assistant agreement form.

(b) Upon completion of the registration process, the ACP will notify the application assistant of such designation.

(d) The application assistant agrees not to discriminate against any client, or potential program participant, because of race, creed, color, national origin, gender, sexual orientation, age, or mental, physical or sensory disability.

(e) An application assistant is not deemed to be an employee of the Office of Attorney General nor an agent of the Office of Attorney General in any manner whatsoever. An application assistant shall not hold himself/herself out as, nor claim to be an officer or employee of the Office of Attorney General or the State of Oklahoma and shall not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Office of Attorney General or of the State of Oklahoma.

(f) In the event an application assistant no longer wishes to be designated as such or leaves his or her present position, the application assistant shall provide written notification to the ACP Program Manager.

(g) An application assistant's designation may be canceled by the Office of Attorney General for failing to abide by the requirements set forth in this Section or for failing to act in accordance with the requirements of the Address Confidentiality Program.

History

Transferred from 655:30-1-4 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-5 Criteria for program participation

To participate in the Address Confidentiality Program, an individual must meet the following criteria:

(1) A person attempting to escape from actual or threatened domestic violence, sexual assault, human sex trafficking, or stalking, or a person residing with another person who is attempting to escape from actual or threatened domestic violence, sexual assault, human sex trafficking, or stalking;

(2) Fears for his or her safety and/or the safety of other family members;

(3) Recently established a residence address in Oklahoma unknown to the abuser or is planning to move in the near future;

(4) Is eighteen (18) years of age or older or a parent or guardian acting on behalf of a minor or incapacitated person; and

(5) Agrees to all of the terms in the Program Agreement checklist.

History

Transferred from 655:30-1-5 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-6 Applying for participation

(a) Any person meeting the criteria to be a program participant who wishes to apply to the Address Confidentiality Program shall complete the required application packet. The application packet consists of an Address Confidentiality Program Application and a Program Agreement.

(b) The application packet shall be obtained from an Application Assistant at a designated agency to assist persons in the application process.

(d) Any assistance or counseling rendered to applicants shall in no way be construed as legal advice. [22 O.S., § 60.14(H)]

History

Transferred from 655:30-1-6 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-7 Certification

(a) Upon approval of the completed application by the ACP, the applicant is certified as a program participant, assigned a substitute address, and issued an authorization card. The authorization card includes the program participant's name, date of birth, authorization number, substitute mailing address, certification expiration date, and participant's signature.

(b) The term of a program participant's certification shall be four (4) years.

History

Transferred from 655:30-1-7 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-8 Certification renewal

(a) A program participant may renew program certification by filing with the ACP the following information:

(1) The participant's current authorization card;

(2) A properly completed renewal application; and

(3) A new signed authorization card.

(b) The term of renewal shall be an additional four (4) year term.

History

Transferred from 655:30-1-8 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-9 Certification withdrawal and cancellation

(a) A program participant may withdraw from participating in the program by submitting to the ACP written notice of withdrawal and his or her current authorization card. The withdrawal will be effective on the day of receipt of the notification by the ACP.

(b) The ACP Program Manager shall cancel a program participant's certification and invalidate his or her authorization card if:

(1) A program participant's certification term has expired and a renewal application has not been filed.

(2) A program participant knowingly provided false or incorrect information when applying for certification.

(3) A program participant obtains a name change.

(1) The program participant no longer resides at the residential address listed on the application and has not provided written notice after the change in address has occurred.

(2) Mail forwarded to the participant is returned non-deliverable or unclaimed.

(3) A program participant has failed to abide by the requirements of the Address Confidentiality Program as outlined in the Program Agreement checklist and has been notified in writing two (2) times at the last known mailing or residential address.

(d) The ACP shall attempt to notify the participant of the cancellation at the last known mailing or residential address, by phone or by email.

History

Transferred from 655:30-1-9 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-10 Use of the substitute address

(a) The substitute address serves as the participant's residence, school, and work address.

(b) When creating state and local government or tribal records or updating existing records, a program participant shall show the participant's authorization card to the agency and request address confidentiality using the substitute address.

(d) The agency shall accept the substitute address unless the agency has received a written exemption from the Office of Attorney General. See OAC 75:20-1-14.

(e) The agency shall not question the program participant about the details or circumstances of the participant's inclusion in the program.

(f) All mail addressed to the participant at the substitute address shall include the authorization number appearing on the participant's authorization card.

(g) Mail received at the substitute address will be forwarded by the ACP Program Manager at no charge to the participant at the participant's actual mailing address with the exception of magazines, books, periodicals, packages, and junk mail.

(h) Delivery of a participant's mail may be delayed as much as three (3) to five (5) days. It is important to remember this fact when sending time sensitive documents to a participant.

(i) The Office of Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a participant unless the mail is certified or registered.

History

Transferred from 655:30-1-10 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-11 Public schools

(a) At the time of enrollment, a student participating in the ACP shall go to the school's administrative office for assistance and present the student's authorization card.

(b) The school shall contact the ACP Program Manager and request verification of enrollment eligibility.

(d) The ACP will notify the school of its findings both verbally and in writing.

(e) If questions are raised regarding the student's eligibility, the ACP Program Manager will work directly with the school superintendent or the superintendent's designee to resolve the matter.

(f) All school correspondence mailed to the student and/or the student's parent or guardian shall be sent to the substitute address.

(g) Requests for the transfer of a student's records from one school to another shall be handled by the ACP Program Manager upon written authorization from the parent or guardian.

History

Transferred from 655:30-1-11 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-12 Voter registration

(a) An ACP participant who is otherwise qualified to vote may register to vote as an ACP participant voter through the State Election Board. [OAC 230:15-5-83.1]

(b) ACP participants who become registered as ACP participant voters may vote only by absentee ballot. ACP participant voters will receive absentee ballots by mail at the participant's substitute address for all local, state and national elections in which the participant is eligible to vote. [OAC 230:15-5-83.1(a)]

(c) All records pertaining to an ACP participant voter shall be maintained in a manner ensuring these records are accessible only to authorized personnel and shall not be publicly accessible.

(d) The name, address, precinct number, and absentee ballots of any ACP participant voter shall not be released to any person for any purpose except by court order. Additionally, the name, address, precinct number,and absentee ballots of any ACP participant voter shall not appear on any list or report produced by either the State Election Board or County Election Board. [OAC 230:15-5-73(d)]

(e) The ACP shall notify the State Election Board when an ACP participant voter's:

(1) program certification has expired;

(2) program certification has been withdrawn or canceled;

(3) absentee ballot is returned non - deliverable;

(4) residence address changes.

History

Transferred from 655:30-1-12 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-13 Service of process

(a) The Victim Services Unit of the Office of Attorney General is designated as agent for service of process and receipt of mail for all ACP participants.

(b) Service on the Office of Attorney General of any summons, writ, notice, demand or process can be made by mailing to the substitute address or by delivering in person to the Victim Services Unit of the Office of Attorney General, 313 NE 21st Street, Oklahoma City, OK 73105.

(c) When a summons, writ, notice, demand or process is served on the Office of Attorney General, the ACP Program Manager shall immediately forward a copy to the program participant by first-class mail at the participant's current mailing address shown on the ACP records.

(d) The ACP Program Manager shall maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the Office of Attorney General for that participant, which shall include the date of such service and the action taken.

History

Transferred from 655:30-1-13 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-14 Agency exemption

(a) An agency requesting an exemption under 22 O.S. § 60.14(F) must provide in writing to the Office of Attorney General the following:

(1) Identification of the statute or administrative rule that demonstrates the agency's bona fide requirement and authority for the use of the actual address of the participant;

(2) Identification and description of the specific record for which the exemption is requested;

(3) Identification of the individual(s) who will have access to the record;

(4) An explanation of how the acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and

(5) An explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures.

(b) The determination of the Office of Attorney General to grant or deny a request for exemption will be based on, but not limited to, an evaluation of the information provided under this Section.

(c) If the Office of Attorney General determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's actual address and that the address will be used only for those statutory and administrative purposes, the Office of Attorney General may issue a written exemption for the agency. The written exemption may include:

(1) An agency's obligation to maintain the confidentiality of a program participant's address;

(2) Limitations on the use and access to the address;

(3) Term during which the exemption is authorized for the agency;

(4) Designation of the record format on which the address information may be maintained;

(5) Designation of an address information disposition date after which the agency may no longer maintain a record of the address information.

(6) Any provisions and qualifications determined appropriate by the Office of Attorney General.

(d) The denial by the Office of Attorney General of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(e) The Office of Attorney General shall keep a record of all exemptions and all documentation relating to requests for exemption.

History

Transferred from 655:30-1-14 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:20-1-15 Disclosure of records

(a) The Office of Attorney General shall not make any records in a program participant's files available for inspection or copying unless directed by a court order to the person identified in the order. [22 O.S., § 60.14(G)] The participant information disclosed to a person identified in a court order shall be maintained in strict confidentiality by the party receiving the information.

(b) The Office of Attorney General may verify the participation of a specific program participant to state, local, federal or tribal government agencies, in which case the Office of Attorney General may only confirm information supplied in writing to the Office of Attorney General by the requestor. State or local agencies are prohibited from knowingly and intentionally disclosing a program participant's actual address unless disclosure is permitted by law.

(d) The ACP Program Manager shall provide immediate notification of disclosure to the ACP participant when disclosure takes place, if not otherwise prohibited by law.

History

Transferred from 655:30-1-15 by HB 2638 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607); Amended at 26 Ok Reg 2434, eff 7-11-09; Amended at 28 Ok Reg 1921, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Chapter 25 Standards and Criteria for Batterers Intervention Programs

Subchapter 1 General Provisions

Okla. Admin. Code § 75:25-1-1 Purpose

The purpose of this chapter is to set forth the standards and criteria governing services provided by certified batterers intervention programs. The rules regarding factors relating to the certification processes including, but not necessarily limited to, applications, fees, requirements for and administrative sanctions, are found in OAC Title 75, Chapter 1.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11

Okla. Admin. Code § 75:25-1-2 Mission

The mission of the standards and criteria for batterers intervention programs is to eliminate domestic violence, sexual assault and stalking in the State of Oklahoma.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12

Okla. Admin. Code § 75:25-1-2.1 Underlying Philosophy

The philosophy underlying the standards and criteria for batterers intervention programs is that:

(1) battering is instrumental, strategic and purposeful behavior designed to bring about a particular outcome;

(2) traditional therapeutic techniques are not appropriate for those who choose to batter;

(3) battering is primarily a sociocultural issue that is criminal in nature;

(4) battering is never justified;

(5) battering is not caused by disease, diminished intellect, alcoholism/addiction, intoxication, mental illness or any external person or event;

(6) batterers are solely responsible for their actions and must be held accountable for their abusive behavior;

(7) the use of violence and coercion is a choice, decision or a tactic;

(8) no behavior of the victim causes or excuses domestic violence;

(9) because batterers choose to use violence, they can also choose to stop violence and eliminate coercive controlling tactics from their intimate relationships; and

(10) safety for the victims/survivors and their dependents is the primary focus of intervention and services.

History

Added at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:25-1-3 Definitions

The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:

"Admission" means to accept a client for services.

"Americans with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, and persons with mental illness. See "Americans with Disabilities Handbook", published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.

"Assessment" means the process of evaluating an individual to determine needs for services and appropriateness of admission to the program.

"Batterer" means a person, male or female, who perpetrates domestic violence, stalking or other harassment against present or past intimate partners, another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.

"Batterers Intervention Program" (BIP) means a status which is granted to an entity by the Oklahoma Office of the Attorney General. These services hold a batterer accountable for abusive behavior, provide consequences for engaging in ongoing violent or abusive behavior, provide monitoring of a batterer's behavior, and require the batterer to change battering behavior and attitudes. BIP's shall keep victim's safety in the forefront. Anger control or management, substance abuse treatment or mental health treatment alone or in combination with each other shall not constitute batterers intervention; neither of these interventions, alone nor in combination with each other, be utilized as the primary means of facilitating the required changes in behavior and attitudes.

"Battering" means a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence.

"Certified batterers intervention program" Indicates approval to provide batterers intervention programs pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."

"Child" or "Children" means any individual from birth to eighteen years of age.

"Client" means an individual who has applied for, is receiving or has received assistance or services of a batterer's intervention program.

"Client record " includes, but is not limited to, all communication, records and information on an individual client.

"Community" means the people, groups, agencies or other facilities within the locality served by the program.

"Coordinated Community Response Team" means a multi-disciplinary group of individuals from agencies and programs in the community whose purpose is to keep victims safe and hold batterers accountable.

"Counseling " means a method of using various commonly acceptable treatment approaches provided face-to-face by a behavioral health professional either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. Counseling is goal directed and utilizes techniques such as cognitive behavioral treatment, narrative therapy, solution-focused brief therapy, psycho-educational interventions or another widely accepted theoretical framework for treatment.

"DVSA" means domestic violence and sexual assault.

"Domestic violence" means a pattern of abusive behavior in any relationship that is used by a batterer to gain or maintain power and control over a current or former partner or family member. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning domestic violence, sexual assault or batterer's intervention and other related problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients.

"Executive Director" means the person hired by the governing authority to direct all the activities of the organization. May be referred to as "Chief Executive Officer".

"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.

"Family" means the children, spouse, parents, brothers, sisters, other relatives, foster parents, guardians and others who perform the roles and functions of family members in the lives of clients.

"Intake" means the process of obtaining written information about a client for entry into services, obtained by the program at time of admission.

"Lethality risk indicators" means evidence-based risk factors commonly associated with lethal intimate partner violence such as those listed in 21 O.S. § 142A-3:

(A) Has the person ever used a weapon against the victim or threatened the victim with a weapon?

(B) Has the person threatened to kill the victim or children of the victim?

(D) Has the person ever tried to choke the victim?

(E) Is the person violently or constantly jealous or does the person control most of the daily activities of the victim?

(F) Has the victim left or separated from the person after living together or being married?

(G) Is the person unemployed?

(H) Has the person ever tried to kill himself or herself?

(I) Does the victim have a child that the person knows is not his or her own child?

(J) Does the person follow or spy on the victim or leave the victim threatening messages?

(K) Is there anything else that worries the victim about his or her safety and if so, what worries the victim?

"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.

"Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse.

"Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client.

"Non-abusive behavior" means behavior that is absent of violence, coercion, control or abuse.

"OAG" means the Oklahoma Office of the Attorney General.

"Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic.

"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A) (1) (a) and maintained in the Office of Administrative Rules.

"Operation" means that clients are receiving services provided by the program.

"Persons with special needs" means persons with a condition which is considered a disability or impairment under the

"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.

"Procedures" means the standard methods by which policies are implemented.

"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.

"Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its staff, activities and planning process to determine whether program goals are met, staff and activities are effective, and what effect, if any, a program or service has on the problem which it was created to address or on the population which it was created to serve.

"Program goals" means broad general statements of purpose or intent.

"Screening" means the process of determining, preliminarily the nature and extent of a person's problem in order to establish the service needs of an individual. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs.

"Service Agreement" means a written agreement between service agencies and/or individual service providers defining the roles and responsibilities of each party to promote coordination and integration of service.

"Service note" means the documentation of the time, date, location and description of services provided, and signature, including electronic signature, of staff or volunteer providing the services.

"Staff" means personnel that function with a defined role within the program whether full-time, part-time or contracted.

"Victim" is an individual against whom the batterer perpetrates domestic violence. Individuals may include partners, former partners, children and other family or household members.

"Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program and includes interns and practicum students.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:25-1-4 Meaning of verbs in rules

The attention of the facility is drawn to the distinction between the use of the words "shall," "should," and "may" in this chapter:

(1) "Shall" is the term used to indicate a mandatory statement, the only acceptable method under the present standards.

(2) "Should" is the term used to reflect the most preferable procedure, yet allowing for the use of effective alternatives.

(3) "May" is the term used to reflect an acceptable method that is recognized but not necessarily preferred.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-1-5 Annual review of standards and criteria

This chapter shall be reviewed annually by the OAG.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11

Subchapter 3 Batterers Intervention

Okla. Admin. Code § 75:25-3-1 Batterers intervention program

(a) Each certified batterer intervention program shall have the policy, procedures, staffing, training, operational methods and facilities to meet the following requirements:

(1) Batterers intervention programs are educational programs based on a model of power and control designed to encourage batterers to end violent and coercive behaviors in their relationships by challenging their belief systems and holding them accountable for their behavior.

(2) Program focus shall be victim safety and batterer accountability. The service shall be based on non-victim blaming strategies.

(3) Batterers intervention shall not be confused with anger control or management, substance abuse treatment and/or mental health treatment.

(4) Services shall be provided in a facility with offices available for private individual and group sessions.

(5) Services shall be provided to self-referred, court-referred, or Department of Human Services referred batterers. Group services shall be the primary modality.

(6) Groups shall not provide substance abuse treatment and batterers intervention in the same program; batterers who have substance abuse issues need to be referred for separate substance abuse services.

(7) The majority of group session time should be focused on the subject abuse itself, and not on peripheral problems, past victimization experienced by the batterer, self-actualization, sensitivity training, or any other theme not directly related to abuse.

(8) Facilitators shall challenge minimization, denial and blame. These are tactics used by the batterer to justify the use of violence.

(9) Batterers shall be held accountable for their behavior; BIP facilitators shall report new offenses to the court.

(b) The goal of the batterer's intervention program is to end the batterer's abusive behavior. This shall be achieved by confronting and dispelling the individual batterer's justifications for the use of violence within the relationship. Particular attention shall be paid to the belief systems that promote the use of intimidation, violence and coercion against intimate partners and children. Theories or methods which attribute to the victim any responsibility for the batterer's behavior or diminish the batterer's responsibility for the violence are inappropriate. Education shall be provided to the batterer utilizing written curriculum specifically developed for batterers intervention that comprehensively addresses, at a minimum:

(1) abuse and violence as a form of control, and an explanation of the need to give up all forms of controlling and coercive behavior;

(2) a detailed explanation of the range of abusive power and control behaviors, including coercive behavior, chronic verbal abuse, economic abuse, sexual abuse/mistreatment, psychological/mental abuse, physical abuse, abuse of animals, and use of the children as weapons;

(3) support for and perpetuation of abuse are based on traditional gender roles and privilege.

(4) non-abusive communication techniques;

(5) effective coping strategies;

(6) the impact of battering on children and the incompatibility of violence and abuse with responsible parenting;

(7) the batterer must be able to identify all abusive conduct, the pattern of that conduct, and the culture which legitimizes or excuses both individual acts and the larger pattern of battering. This may include but not be limited to accepting personal as well as financial responsibility for child support, court costs, restitution, and BIP related costs;

(8) developing healthy relationships; including techniques for achieving non-abusive, non-controlling attitudes and behavior.

(9) non-abusive behavior planning for the prevention of violent, controlling and abusive behavior;

(10) effects of domestic violence on victims from a victim perspective, and

(11) the potential consequences of domestic violence to the batterer.

(c) Inappropriate Methods of Intervention. The following methods have been determined to be inadequate and/or inappropriate, and shall not be the focus of intervention:

(1) therapy, whether psycho-dynamic, individual or group;

(2) communication enhancement, anger management or stress management techniques that blame anger as the root cause of domestic violence;

(3) systems theory approaches that treat domestic violence as a result of mutual actions of the victim and batterer, thereby attributing some responsibility to the victim;

(4) addiction counseling models that identify domestic violence as an addiction;

(5) gradual containment and de-escalation of domestic violence;

(6) theories that identify poor impulse control as the primary cause of domestic violence;

(7) methods that identify psychopathology on either parties' part as a primary cause of domestic violence; and

(d) Services shall be provided during hours which make them available for clients whose work hours are between 8:00 A.M. and 5:00 P.M. Monday through Friday.

(e) The program shall maintain admission criteria for batterers intervention services.

(f) The program shall provide individual assessment sessions and group sessions.

(g) Service policy shall not permit the substitution of individual sessions/counseling appointments for group participation except in a situation where only one batterer of a gender has been accepted into the program.

(h) Group sizes shall be limited to not less than two (2) and not more than sixteen (16) clients.

(i) Exit criteria shall be contingent on the satisfactory meeting of specific criteria by the participant, and notmerely upon the end of a specified period of time or a specified number of sessions.

(j) Joint participation shall not be allowed of the victim as part of batterers intervention.

(k) Male and female batterers shall not be served in the same group or session.

(l)The program shall maintain an annually renewed service agreement with appropriate referral sources such as, but not limited to:

(1) substance abuse;

(2) mental health services; and

(3) local OAG-certified domestic violence victim services.

(m) In the case of court referred clients, the program shall develop a written policy for coordinating with and reporting to the court, judge, probation officer, child welfare worker and/or district attorney.

(n) In the case of non-court referred clients, the program shall develop a written policy for reporting client information, including but not limited to, assessment results, participation in services, reason for exit and concerns related to the safety of the victims or children.

(o) If other services for the batterer are necessary, appropriate referrals shall be made for such issues, including but not limited to mental health and/or substance abuse issues.

(p) Certified batterer intervention programs shall not be less than 52 weeks in duration. The 52 weekly group sessions shall be no less than ninety (90) minutes in length. Completion of a batterer's intervention program requires at a minimum 52 weekly attended sessions as well as a favorable evaluation from the program.

(q) The batterer's intervention program shall not allow three (3) absences in succession or a total of seven (7) absences in a period of fifty-two (52) weeks. The batterer shall be terminated from the program as per 21 O.S. § 644 and the court or other referring party shall be notified of the termination. Exceptions are:

(1) Hospitalization or medical restriction from attending program session(s) (verified by proper medical documentation).

(2) Military Duty (verified by proper military documentation).

(r) If the batterer is terminated for any reason as set forth herein, the batterer shall be required to obtain a new assessment and commence a new fifty-two (52) week program. No credit for prior program attendance shall be allowed. Termination from a program terminates any and all credits accumulated by said batterer.

(s) Compliance with 75:25-3-1 shall be determined by a review of program policy and procedures; client records; service agreements, and other program documentation.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:25-3-2 Victim safety and confidentiality [REVOKED]

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:25-3-3 Client records

(a) A certified program that uses hand written records shall have written policy and procedures for correcting errors on hand written record material by lining through, initialing the error, and inserting the correct material either above the error or at the end of the entry. Further, the policy and procedures shall forbid the use of "white-out" or any action which obliterates the error.

(b) Each client record entry shall be legible, dated, and signed by the staff member or volunteer making the entry.

(c) Copies of all service documentation including assessments, exit interviews and reports shall be kept in the batterer's file.

(d) Compliance with 75:25-3-3 shall be determined by on-site observation, client records, policy and procedures and any other supporting program documentation.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:25-3-4 Assessment

An assessment shall be completed prior to service recommendations or acceptance into the program. Before the assessment begins, the individual shall sign acknowledgment that they are participating in a batterer's intervention program assessment which is an educational program, not a therapeutic program, and will not have the same level of confidentiality afforded by mental health services. The program will not assure confidentiality of the assessment results with respect to the Judge, District Attorney, referring agency, or victim(s). The assessment shall at a minimum contain:

(1) client's name;

(2) date of assessment;

(3) address;

(4) phone number;

(5) current and past history of violence;

(6) lethality risk indicators using an evidence-based instrument specifically for batterers intervention;

(7) drug and alcohol use/abuse history and screening;

(8) mental health history and screening;

(9) criminal history, including a report of the incident that generated the referral;

(10) current or past history with Child Protective Services or Adult Protective Services. If currently involved with Child Protective Services, the assessment shall include a review of the Individualized Service Plan;

(11) family and social history;

(12) access to weapons;

(13) history of animal abuse or cruelty;

(14) history of sexual abuse victimization;

(15) history of petitions for protective orders filed and disposition;

(16) pertinent medical information, including substance abuse and incidence of traumatic brain injuries;

(17) copies of the court documents, including but not limited to: relevant court documents in divorce cases, divorce decrees, petitions for protective orders, protective orders, any and all court orders ordering the batterer to complete a BIP;

(18) copies of the Probable Cause Affidavit or police report and criminal information if applicable;

(19) copies of the Department of Human Services Individual Service Plan, if applicable;

(20) a report shall be written as outlined in 75:25-3-4.1(4) through (6); and

(21) initial victim and current partner (if different from the victim) notification shall be attempted as outlined in 75:25-3-4.2.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:25-3-4.1 Record Content

(a) Client records shall contain, at a minimum, the following information:

(1) Intake information:

(A) assessment information;

(B) date of intake if different than date of assessment;

(D) current employer, if applicable.

(2) Service notes for each batterer shall be completed by staff or volunteer after individual contact and every weekly session which shall minimally include:

(A) The time, date, location and description of services provided;

(B) The signature of staff or volunteer providing the services; and

(C) A service note shall be completed by the staff or volunteer providing the service for each weekly group contact, and shall include:

(i) personal responsibility and accountability;

(ii) level of participation in services;

(iii) change(s) in family, social, personal, legal or work environment(s);

(iv) inference of use or increased use of drugs/alcohol;

(v) whether or not facilitator observed sufficient indications of risk requiring notification of victim or others, and

(vi) Referrals for supplemental services.

(D) Staff or volunteer service notes shall document the ongoing provision of educational components addressing the risk of battering and other violence as set forth in 75:25-3-1(b).

(3) An individualized written contract shall be completed upon acceptance into the program prior to the first (1st) group session; signed by the batterer; and shall include, but not be limited to:

(A) Notice that the batterer is joining an educational program, not a therapeutic program, and will not have the same level of confidentiality afforded by mental health services. The program will not assure confidentiality with respect to:

(i) Judge, District Attorney or referring agency

(ii) current partner

(iii) past or current victim(s) and/or a representative designated by the victim to receive information on behalf of the victim

(iv) parent(s) or guardians of any of the batterers children

(v) probation and parole

(vi) law enforcement

(vii) individuals toward whom there is a risk of imminent harm by the batterer

(viii) Coordinated Community Response Team

(ix) the domestic violence victim services program serving the area where the batterer lives or where the current or ex-partner lives, where guardians of the batterers' children live or with the domestic violence program where the batterer is currently residing

(x) Guardian Ad Litems

(xi) the program will promise confidentiality with respect to: the general public, news media and anyone else not covered in the expectations set forth above

(B) Attendance policy, including the length of intervention, minimum number of sessions required and the maximum length of time for completion of the required sessions.

(C) The criteria for suspension and termination, including notice that involuntary termination from a program terminates any and all attendance credits accumulated.

(D) The program's rules.

(E) A written notice in bold type which specifies "Please be advised any reasonable knowledge or suspicion of illegal activities or bodily harm, or a threat of such, to the victim, her or his property, or to third persons, or any attempt, threat or gesture to commit suicide, or any belief that child abuse or neglect is present or has occurred, will be reported to the appropriate person(s) or authorities."

(F) A list of provider program expectations, such as participation, and that the batterer will be held accountable for all abusive and violent behavior or threats of harm or expressions of intent to do harm. This includes harm to current or past victims or partners. Such acts include but are not limited to child abduction, court actions for divorce or custody, underhanded economic maneuvers, substance use, and intentionally exposing the victim(s) or partner(s) to risk of sexually transmitted diseases.

(4) Reports. The program shall develop a written policy for coordinating and complying with required reports to the court, judge, probation officer, child welfare worker and/or district attorney. In the case of court-ordered or otherwise referred batterers, a written report to the court or referring agency shall be submitted within seven (7) business days of the following events:

(A) Acceptance into the program including, but not limited to, a summary of the results of the initial assessment. Rejection or denied admission to the program including, but not limited to, a summary of the results of the initial assessment, reason for rejection or denial, and any alternative service recommendations; and

(B) Reasonable knowledge or suspicion of illegal activities or bodily harm, abuse or a threat of such, to the victim, children or to third persons; and

(C) Exit from the program including, but not limited to, the service termination report which shall summarize the type of termination and reason for termination.

(i) Rejection. Reasons for rejection shall be documented and include, but are not limited to: psychiatric history, including active or recent mental health related problems; criminal record of violent crimes; chemical dependency requiring completion of an impatient or residential treatment program; inability to function in a group due to limited mental cognitive abilities; or needs that do not match services provided by this program;

(ii) Involuntary termination. Reasons for involuntary termination shall be documented and include, but are not limited to: recurrence of violence; arrest; absences from program sessions and activities; failure to actively participate in group sessions attended; attending a group session when under the influence of alcohol or drugs; violation of any rules of the program or violation of the BIP contract. Termination from a program terminates any and all credits accumulated by said batterer.

(iii) Completion. Upon completion of the program, an exit interview and service termination report shall be completed and documented in the client record. It shall be documented that the client participated in planning for the client's exit from the program. The client and staff shall sign and date acknowledgment of this service or an explanation shall be documented if staff is unable to obtain the client's signature. The service termination report shall include a disclosure stating that completion of the batterer's intervention program does not indicate that the client will not re-offend; it is a report that the person has completed the necessary requirements of the certified program without any other known or reported re-offending during the time of enrollment in the program.

(5) All reports shall include specific lethality risk indicators that the court may want to seriously consider and any concerns for the safety of victims, children and/or others.

(6) All reports shall include any perceived areas of concern which may include, but are not limited to, substance abuse or mental health issues.

(7) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.

(8) Compliance with this 75:25-3-4 shall be determined by a review of client records for content, review of program policy and procedures, or other supporting program documentation.

History

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:25-3-4.2 Victim safety and confidentiality

(a) Victim Safety. Whereas confidentiality is a fundamental underpinning of services for victims of domestic violence, limited confidentiality is critical in batterer's intervention services. Victim safety shall supersede all consideration of batterer confidentiality for court referred and non-court referred clients.

(b) There shall be a written, cooperative, accountable working relationship between the batterers intervention program and the local OAG certified DVSA victim service provider(s) so potential victims and others are warned of imminent danger.

(c) Initial victim and current partner (if different from the victim) notification shall be attempted via telephone when the batterer has been accepted or denied admission to the program. Efforts to locate and notify the victim, current partner or the victim's advocate shall be attempted at least three (3) times within 7 business days of acceptance or rejection to the program. Upon making contact with the victim and current partner, the victim and current partner shall be informed of OAG certified victim services, notified of the assessment results, reason for rejection if applicable, perceived areas of concern which may include, but are not limited to substance abuse and/or mental health concerns, and specific lethality risk indicators. Efforts shall be documented in a separate file, which may include an electronic file. All victim and partner information shall be confidential and shall not be disclosed to the batterer or documented in the batterer's client file.

(d) After the initial victim and current partner notification, the batterer's intervention program shall maintain contact with the victim or partner at the victim or partner's discretion. If the victim or partner elects not to receive and/or provide information, the program is still required to notify the individual in the case of imminent threat or danger to the victim or partner's safety, or that of any other persons.

(e) If the victim and partner (if different than the victim) elects to receive information after initial notification by the program, at a minimum, notification is required when:

(1) the batterer begins attending the intervention program;

(2) the batterer terminates the intervention program for completion or other reasons, such as noncompliance; and

(3) there is an imminent threat or danger to the safety of persons or animals.

(f) The efforts to locate and notify the victim and current partner (if different than the victim) shall be documented.

(g) Compliance with 75:25-3-4.2 shall be determined by a review of program policy and procedures; client records; service agreements; and /or other program documentation.

History

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:25-3-5 Physical safety and integrity of client records

(a) Client records shall be maintained in a secure manner. The program shall have written policies and procedures to safeguard the record and information contained in the record against loss, theft, defacement, tampering, or unauthorized access or use.

(b) Compliance with 75:25-3-5 shall be determined by a review of the program policy and procedures; on-site review of locking mechanisms and procedures to assure security; and onsite observation of the handling of client records.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-6 Client record, handling, retention, and disposal

(a) A program shall have written policy and procedures addressing the storage, retention period, and method of disposal of BIP records.

(b) Client records shall not be maintained and/or stored at a location other than the certified locations without the prior written authorization of the Office of the Attorney General.

(d) Compliance with 75:25-3-6 shall be determined by a review of the program's policy and procedures, and a review of office and files.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/13/2019

Okla. Admin. Code § 75:25-3-7 Fire and safety codes and inspections

(a) The physical environments of all office space shall meet safety, zoning, and building code regulations required by local, state, and federal authorities; and shall obtain and maintain an annual fire and safety inspection from local or state authorities.

(b) Compliance with 75:25-3-7 shall be determined by a review of the annual fire and safety inspection report.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-8 Fire fighting and first aid equipment

(a) All facilities shall have a first aid supply kit and annually maintained fire extinguishers.

(b) Compliance with 75:25-3-8 shall be determined by on-site observation and by interviewing staff.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-9 Disaster procedures

(a) There shall be written procedures describing the emergency plans in case of a disaster, whether internal or external, or in case of threat to the safety of any client or staff person. Evacuation routes, inside sheltering sites, and fire extinguisher locations shall be posted.

(b) Fire, tornado, bomb threat and intruder drills shall be conducted annually. The date, time, and type of the drill shall be documented.

(c) Compliance with 75:25-3-9 shall be determined by on-site observation, a review of written procedures, staff interviews, and documentation of drills.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-10 Persons with special needs

(a) The program shall ensure that persons with disabilities are not excluded from services. Referrals must be provided when necessary, and the program shall have written procedures referrals for disabled persons who can not be served on-site. (Americans with Disabilities Act of 1990) Resource: Americans with Disabilities Handbook, published by (U.S.) Equal Employment Opportunities Commission, and the (U.S.) Department of Justice.

(b) Compliance with 75:25-3-10 shall be determined by a review of program policy and procedures.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-11 Program environment

(a) The certified program environment shall meet the following conditions:

(1) The facility shall be accessible by an all-weather road.

(2) The facility shall have adequate space in which to carry out the program's goals and objectives, including outdoor areas and equipment when appropriate.

(3) The facility shall have heating and air conditioning equipment adequate to maintain the temperature in areas utilized by clients at between 65°F and 85°F.

(4) The facility shall have adequate ventilation and air circulation provided in the facility to assure an environment that will be comfortable for the clients.

(5) The facility shall have water from an approved tested potable source.

(6) The facility shall have, at minimum, a commode and, lavatory facility. The privacy of individuals shall be assured while using these facilities.

(7) Smoking shall not be allowed in any indoor portion of any program.

(8) Facility sanitation shall be maintained to prevent offensive odors and insect infestation.

(9) All facilities shall have emergency back up lighting.

(b) Compliance with 75:25-3-11 shall be determined by a review of program policy and procedures; staff interviews, and on-site observation.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-12 Program management, policy and procedures

(a) The agency shall maintain written policy and procedures which describe the rules clients are expected to follow.

(b) Clients shall be given a copy of program rules and the provision of such shall be documented in the client record.

(d) Compliance with 75:25-3-12 shall be determined by a review of the program's written policy and procedures and a review of client records.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-3-13 Annual program evaluation

(a) On or before December 31 each year, the agency shall submit an annual outcomes-based evaluation of the program's services, facilities and policy and procedures, covering the period between July 1 - June 30. This evaluation shall be carried out according to a written plan established in policy and procedures to include the plan of evaluation, quantitative data to be reviewed, and the persons to conduct the evaluation. The evaluation shall include, but not be limited to:

(1) Outcomes management specific to each program component which minimally measures:

(A) efficiency;

(B) effectiveness; and

(2) A quarterly quality batterer record review to evaluate and ensure, at a minimum:

(A) batterers are provided an individualized written contract;

(B) assessments are thorough, timely and complete; and

(3) A review of critical incidents and client grievances and complaints.

(b) Upon completion, this evaluation shall be made available to the OAG, local district attorney, court, personnel and volunteers.

(c) Compliance with 75:25-3-13 shall be determined by a review of the program evaluation, policy and procedures, staff meeting minutes, and/or any other supporting documentation provided by the program.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/13/2019

Okla. Admin. Code § 75:25-3-13.1 Statistical reports

(a) The agency shall maintain quarterly statistical reports on a form designated by the OAG, which shall be submitted annually along with the agency's annual program evaluation.

(b) Statistical reports shall include at a minimum screened, admitted, rejected, terminated, and completed clients, source of referral, and demographic information. Additional data may be requested by the OAG and shall be identified on the designated form.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Okla. Admin. Code § 75:25-3-14 Critical incidents

(a) The program shall have policy and procedures requiring documentation and reporting of critical incidents.

(b) Each critical incident shall be recorded and monitored as follows:

(1) agency name and name and signature of the per-son(s) reporting the critical incident;

(2) Client name, staff member(s), and/or property, involved in the critical incident;

(3) the date, time and physical location of the critical incident, if known, and the name of the staff person the incident was reported to;

(4) a description of the incident;

(5) severity of each injury, if applicable. Severity shall be indicated as follows:

(A) no off-site medical care required or first aid care administered on-site;

(B) medical care by a physician or nurse or follow-up attention required; or

(6) resolution or action taken, date action taken and signature of the agency Executive Director or authorized designee.

(1) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented.

(2) Critical incidents involving disaster at a facility, death or client abuse shall be reported to the Safeline at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit.

(d) Compliance with 75:25-3-14 shall be determined by a review of policy and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 75:25-3-15 Client rights

(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.

(2) Each client has the right to receive services without regard to his or her race, sex, color, age, national origin, genetic information, religion, disability, or legal status.

(3) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client.

(4) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights.

(5) No client shall ever be retaliated against, or subject to, any adverse conditions or services solely or partially because of having asserted the rights as stated in this section.

(6) Each client has the right to know why services are refused and can expect an explanation concerning the reason he or she was refused certain services.

(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.

(c) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff.

(d) Compliance with 75:25-3-15 shall be determined by review of client files and client areas of the program.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:25-3-16 Client grievance policy and procedures

(a) Each program shall have a written client grievance policy providing for, but not limited to, the following:

(1) Written notice of the grievance and appeal procedure provided to the client;

(2) Time frames for the grievance policy's procedures, which allow for an expedient resolution of client grievances;

(3) Name(s) of the individual(s) who are responsible for coordinating the grievance policy and the individual responsible for or authority to make decision(s) for resolution of the grievance and the individual responsible for or authorized to make decisions for resolution of grievance. In the instance where the decision maker is the subject of a grievance, decision-making authority shall be delegated;

(4) Provide for notice to the client that he has a right to make a complaint to the OAG Victims Services Unit;

(5) Clients shall be given a copy of the grievance policy including the right to make a complaint to the OAG and the provision of such shall be documented in the client record;

(6) Mechanism to monitor the grievance process and improve performance based on outcomes; and

(7) Annual review of the grievance policy and procedures, with revisions as needed.

(b) Compliance with 75-3-16 shall be determined by review of client files.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 5 Personnel and Volunteers

Part 1 PERSONNEL

Okla. Admin. Code § 75:25-5-1 Personnel policies and procedures

(a) The program shall have written policies and procedures governing the conditions of agency employment to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to employment, all certified programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of employees to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all certified programs are required to conduct a name search of employees against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(b) The agency's policy and procedures shall be accessible to all personnel and each shall be informed of personnel policies and procedures, and any other materials regulating or governing the conditions of their employment.

(d) Compliance with 75:25-5-1 shall be determined by a review of the program's personnel policies and procedures, interviews with staff, review of staff meeting minutes and/or other supporting documentation.

History

Added at 27 Ok Reg 1723, eff 7-1-10
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/13/2019

Okla. Admin. Code § 75:25-5-2 Non-discrimination

(a) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with personnel in accordance with applicable state and federal laws.

(b) Compliance with 75:25-5-2 shall be determined by a review of the program's written policy and procedure, and staff interviews.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-5-3 Selection of personnel

(a) The methods for selecting personnel shall be described in policy and procedures and shall include, but not be limited to:

(1) The processes for recruitment, selection and appointment;

(2) Written criteria demonstrably related to the position being filled; and

(3) Completion of a name search against the Mary Rippy and Violence Crime Offender registries. Said searches shall be conducted annually for program personnel and volunteers. Documentation of the same shall be maintained in each personnel or volunteer record.

(b) The BIP shall have a written policy that prohibits anyone with a prior history of domestic violence perpetration from conducting assessments and/or leading any group.

(1) A review of the policies and procedures.

(2) A review of job descriptions for personnel.

(3) A review of any other supporting documentation.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:25-5-4 Job descriptions, personnel

(a) The agency shall have written job descriptions for personnel defining the duties of, and minimum qualifications for, each position.

(b) Compliance with 75:25-5-4 shall be determined by:

(1) a review of the program's policies and procedures, and

(2) a review of the program's job descriptions.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-5-5 Personnel records

(a) The agency shall maintain record(s) for each staff member selected and utilized; documentation shall minimally include:

(1) job description;

(2) employment application or resume;

(3) documentation of current qualifications and training as required and defined in the job description;

(4) duty or work assignment;

(5) record of hours worked or hours of service performed;

(6) record of participation in training;

(7) staff performance evaluation(s); and

(8) emergency notification information.

(b) Compliance with 75:25-5-5 shall be determined by a review of personnel records.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-5-6 Supervision of personnel

(a) A certified program shall establish in writing lines of supervision for all personnel.

(b) Compliance with 75:25-5-6 shall be determined through a review of the program's policy and procedures, or any other supporting documentation provided, including but not limited to, personnel manuals, organizational charts, job descriptions, and personnel files.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-5-7 Performance evaluation of personnel

(a) The agency shall have policies and procedures mandating the evaluation of personnel employment and service performance. These policies and procedures shall minimally include:

(1) performance evaluations shall be completed at least annually, to include an evaluation for all staff working in the BIP;

(2) define the reason(s) for any evaluation other than annual;

(3) performance evaluations shall be in writing and based on the staff's job description;

(4) each evaluation shall be individually discussed with the staff;

(5) personnel shall have a documented opportunity to respond, in writing, to each of their individual performance evaluations; and

(6) both staff and supervisor shall sign and date the performance evaluation. However, the evaluation document shall state the staff's signature does not necessarily constitute agreement with the evaluation content.

(b) Compliance with 75:25-5-7 shall be determined by a review of:

(1) program policies and procedures, governing authority meeting minutes where applicable; and

(2) review of personnel files.

History

Added at 27 Ok Reg 1723, eff 7-1-10
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Part 3 VOLUNTEERS

Okla. Admin. Code § 75:25-5-12 Volunteer policies and procedures

(a) The program shall have written policies and procedures governing volunteer utilization to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to direct services volunteering, all certified programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of volunteers to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all certified programs are required to conduct a name search of direct services volunteers against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(b) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with volunteers in accordance with applicable state and federal laws.

(c) Compliance with 75:25-5-12 shall be determined by a review of the program's written policy and procedure, and volunteer interviews.

History

Added at 27 Ok Reg 1723, eff 7-1-10
Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/13/2019

Okla. Admin. Code § 75:25-5-13 Supervision of volunteers

(a) A certified program shall establish in writing lines of supervision for all volunteers.

(b) A certified program shall ensure each volunteer has the knowledge appropriate to his or her job duties and are supervised by personnel.

(c) Compliance with 75:25-5-13 shall be determined through a review of the program's policy and procedures, and any other supporting documentation provided, including but not limited to, volunteer manuals, and organizational charts.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Okla. Admin. Code § 75:25-5-14 Volunteer records

(a) The agency shall maintain record(s) for each volunteer selected and utilized; documentation shall minimally include:

(1) duty or work assignment;

(2) record of hours worked or hours of service performed;

(3) record of participation in training; and

(4) emergency notification information.

(b) Compliance with 75:25-5-14 shall be determined by a review of personnel records.

History

Added at 27 Ok Reg 1723, eff 7-1-10

Part 5 TRAINING

Okla. Admin. Code § 75:25-5-19 Orientation - general, personnel and volunteers

(a) A certified program shall provide a minimum of 8 hours orientation training to familiarize new personnel and volunteers providing direct services with the BIP which includes, but is not limited to:

(1) standards for the BIP;

(2) program policy and procedures;

(3) confidentiality, in relation to the BIP;

(4) facility safety and disaster plans;

(5) first aid kits and fire extinguishers, their location, contents and use;

(6) universal precautions; and

(7) client rights;

(b) Orientation for personnel must take place within 30 days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within 6 months or prior to unsupervised, direct client contact and services.

(c) Compliance with 75:25-5-19 shall be determined by a review of the written policies and procedures, and personnel and volunteer training manuals and records.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:25-5-20 In-service and ongoing training for personnel and volunteers

(a) A certified program shall have policy and procedures mandating, at the minimum, twelve (12) hours of annual training of all staff which shall include:

(1) confidentiality;

(2) facility safety and disaster plans;

(3) first aid kits and fire extinguishers, their location, contents and use;

(4) universal precautions, and

(5) legal and ethical issues.

(b) The remaining hours of annual training shall be related to domestic violence, sexual assault, stalking, and batterers intervention as prescribed and approved by the Executive Director as appropriate for the assigned staff duties.

(c) A certified program shall have policy and procedures mandating a minimum of four hours annual training of all volunteers providing direct services, related to domestic violence, sexual assault, and stalking as prescribed and approved by the Executive Director.

(d) Individuals that volunteer indirect services and do not meet the requirements for a volunteer providing direct services as defined in OAC 75:25-1-3 shall receive annual training as prescribed by the Executive Director, but do not have a minimum number of training hours required.

(e) Documentation of training must include the topic of the training, the name of the trainer(s), the date of the training, the length of the training session, the sponsor of the training, and approval of the training by the Executive Director of the agency.

(f) All staff and volunteers shall, within six (6) months of enactment, complete training on amended standards in 75:25-5-21.

(g) Compliance with 75:25-5-20 shall be determined by a review of policy and procedures; review of training records and other provided documentation of personnel training; and a review of personnel or volunteer records.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:25-5-21 Personnel training, batterers intervention services

(a) Personnel facilitating batterers intervention groups shall minimally have a graduate degree in a behavioral health or criminal justice related field and one-year related work experience, have a Bachelor's degree in a behavioral health or criminal justice related field and two years related work experience, or have been employed as a facilitator in a certified batterers intervention program prior to July 1, 2008.

(b) A certified batterers intervention program shall contract with or employ a qualified licensed professional as defined in 75:25-1-3 under "Counseling" for purposes of providing case consultation to personnel facilitating batterers intervention groups for client mental health and substance abuse issues. All BIP staff, BIP volunteers, BIP contractors, and BIP program supervisors shall complete batterers intervention facilitator orientation training sponsored by the Oklahoma Office of the Attorney General within six months of employment or volunteer service.

(c) Prior to providing any direct services, personnel facilitating batterers intervention services shall observe a minimum of 12 batterers intervention group sessions from an OAG certified program, and must complete 20 hours of training that includes, but is not limited to:

(1) causes and dynamics of domestic violence;

(2) identification of cultural and social influences that contribute to violence;

(3) identification of coercive behavior;

(4) coercive sexual behavior;

(5) impact of domestic violence on children and the dynamics of the batterer as a parent;

(6) basic defense mechanisms of batterers that promote deception, distortion and misrepresentation of the facts of the domestic abuse and the experience of the victim; and

(7) Lethality indicators and assessment procedures such as:

(A) perceived loss of control over the victim through separation, divorce, victim fleeing,

(B) extreme jealousy,

(D) acts of abuse,

(E) suicide/homicide threats, plan to carry out either of above,

(F) use of, or threat to use weapon (especially a gun),

(G) strangulation,

(H) stalking,

(I) history of mental health problems, substance abuse,

(J) history of sexual abuse of victim or children,

(K) kidnapping of partner,

(L) unemployment; and

(M) abuse or cruelty to animals

(8) the effects of alcohol and drug use/abuse and domestic violence;

(9) exploring myths and beliefs about domestic violence, including myths about provocation;

(10) impact of domestic violence on victims;

(11) batterers who re-offend;

(12) group dynamics and group structure;

(13) planning for non-violence and victim and dependent safety;

(14) power and control;

(15) facilitator boundaries and collusion with the batterer;

(16) providing safe victim and/or partner contact; and

(d) Personnel who provide batterers intervention service may not provide services for the victim that may result in a conflict of interest.

(e) Personnel who provide batterers intervention must declare in writing that they are:

(1) violence free in their own lives,

(2) not abusing drugs or alcohol, and

(3) seeking to rid themselves of sexist attitudes.

(f) Compliance with 75:25-3-21 shall be determined by:

(1) Review of program's policy and procedures.

(2) Review of program's training records and other provided documentation of staff training.

(3) Review of personnel records.

History

Added at 27 Ok Reg 1723, eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770, eff 8-11-12
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 7 Consultation

Okla. Admin. Code § 75:25-7-1 Consultation and Coordination

(a) All Batterers Intervention Programs shall participate on the local Coordinated Community Response Team (CCRT), if one exists, for each city or county in which they are certified to operate. If a CCRT does not exist in the city or county in which they are certified to operate, the program shall demonstrate monthly consultation with a domestic violence advocate(s) from the Certified Domestic Violence and Sexual Assault Victim Service Program that provides services in the city or county in which the batterer's intervention program is certified to operate.

(b) Compliance with 75:25-7-1 shall be determined by documentation of meeting notes or minutes that shall include, but are not limited to, recording of:

(1) the date, time and place of the meeting;

(2) names of those attending, and

(3) topics and issues discussed and decisions reached.

History

Added at 27 Ok Reg 1723, eff 7-1-10
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Subchapter 9 Technology

Okla. Admin. Code § 75:25-9-1 Technology and system plan

(a) The agency shall have a written plan regarding the use of technology to support and advance effective and efficient service and business practices. The plan shall include, but not be limited to:

(1) Hardware and software.

(2) Security.

(3) Confidentiality.

(4) Backup policies.

(5) Assistive technology.

(6) Disaster recovery preparedness.

(7) Virus protection.

(b) Compliance with 75:25-9-1 shall be determined by a review of the facility policies, performance improvement plans and technology system plan.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Chapter 30 Standards and Criteria for Adult Victims of Human Sex Trafficking Programs

Subchapter 1 General Provisions

Okla. Admin. Code § 75:30-1-1 Purpose

This chapter sets forth the rules, including standards and criteria, used in certifying programs and shelters for adult victims/survivors of human sex trafficking pursuant to 74 O.S. § 18p-6. Human sex trafficking occurs when:

(1) Recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act,

(2) Recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining, by any means, a minor in a commercial sex act, or

(3) Benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-1-1.1 Application of Chapter 30 to Minors

Under state and federal law, the use of minors for commercial sexual activity is a severe form of trafficking, even if there is no force, fraud or coercion. Minors are intended to be served under a different program. However, minors may still need immediate medical care, housing, food, clothing and other services to assure safety until they can be transferred. These standards serve as guidance in understanding, providing and advocating for the needs of victims of human sex trafficking. The rules regarding factors relating to the process to determine status as a certified program including, but not necessarily limited to, applications, fees, requirements for and administrative sanctions, are found in OAC Title 75, Chapter 1.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-1-1.2 Mission and underlying philosophy

(a) The mission of the standards and criteria for programs serving adult victims of human sex trafficking is to eliminate the crime in the State of Oklahoma.

(b) The philosophy underlying the standards and criteria for victims of human sex trafficking is that:

(1) All persons have the right to live without fear, abuse, oppression and violence;

(2) No one deserves to be victimized by assaultive or abusive behavior;

(3) Survivors should be treated with dignity and respect;

(4) All people involved in violent crimes are affected, including victims, children, families, partners, friends, the community, and perpetrators;

(5) Perpetrators must be held accountable for their behavior;

(6) A coordinated community response is the best approach to eliminating human sex trafficking in Oklahoma;

(7) Safety for the victims/survivors and their dependents is the primary focus of intervention and services;

(8) Intervention and services shall be based upon the safety and well-being of individuals and communities. Services to victims are provided in a non-judgmental, non-coercive, trauma-informed environment; and

(9) Participation in victim/survivor services is voluntary and based on self-determined needs, preferences and values.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:30-1-2 Definitions

The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:

"Admission" means to accept a client for services or treatment.

"Advocacy" means the assistance provided which supports, supplements, intervenes and/or links the client and their dependents with the appropriate service components to encourage self-determination, autonomy, physical and emotional safety, and to offer information that will support independence. This can be viewed as a combination of active listening and facilitating personal problem solving along with researching options of action, safety planning, community outreach and education; it may include medical, dental, financial, employment, legal and housing assistance.

"Advocate" means a person, who offers clients appropriate services.

"Assessment" means an appropriate course of assistance based on a face-to-face formal screening.

"Behavioral Health Professional" means either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault, human sex trafficking or stalking and their dependents.

"Case consultation" means review of a client's case by the primary service provider and other program personnel, consultants or both.

"Case management" means a professional practice in which the service recipient is a partner, to the greatest extent possible, in assessing needs, defining desired outcomes, obtaining services, treatments, and supports, and in preventing and managing crisis. Case management is a central service that includes: explanation of social services, service system advocacy, basic case coordination, assessments, and service plan development. It may also include transportation, translation, emotional support and counseling depending upon the training and resources of the case manager.

"Case manager" means someone with experience serving victims of crime, human sex trafficking victims, refugees, immigrants, crime victims or other related populations. Ideally, they will have received specific training to serve trafficking victims. The Case Manager will ensure that victims receive the services they need and facilitate access to community services.

"Certification" means a process that the Department of Health and Human Services, Office of Refugee Resettlement (HHS or ORR) uses to officially say that a person is a victim of a severe form of human sex trafficking. Advocates assisting victims of human sex trafficking can assist in the certification process by informing victims of their rights generally, and working with law enforcement and attorneys to ensure that they understand and advocate for the victim's individual needs once certified.

"Certified adult victims of human sex trafficking program" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates approval to offer Program facilities and /or services pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."

"Child" or "Children" means any unmarried individual from birth to eighteen years of age.

"Children's Activities" means direct child contact that is temporary in nature and is not intended to address the effects of human sex trafficking, sexual assault/abuse and trauma on children i.e. special events such as Christmas parties, Easter egg hunts, that is supervised by program personnel or volunteers.

"Children's Services" means direct child contact that is intended to address the effects of human sex trafficking, sexual assault/abuse and trauma on children including but not limited to intake, needs assessment, groups, advocacy and any other service related to human sex trafficking, sexual assault/abuse and trauma.

"Client" means an adult individual who has applied for, is receiving or has received assistance or services of a certified sexual assault program for adult victims of human sex trafficking.

"Client record" includes, but is not limited to, all communication, records and information on an individual client.

"Coercion" means compelling, forcing, or intimidating a person to act by:

(A) Threats of harm or physical restraining against any person

(B) Any act, scheme, plan, or pattern intended to cause a person to believe that performing or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person,

(D) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, including but no limited to a driver license or birth certificate, of another person.

(E) Facilitating or controlling a person's access to any addictive or controlled substance other than for legal medical purposes

(F) Blackmail,

(G) Demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution

(H) Determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party

(I) Determining, dictating, or setting the places at which another person will be available for solicitation of, or to engage in prostitution with a third party

(J) Determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party.

"Commercial sex" means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display.

"Community" means the people, groups, agencies or other facilities within the locality served by the program.

"Contract" means a formal document adopted by the governing authority of the program and any other organization, agency, or individual that specifies services, personnel or space to be provided to the program and the monies to be expended in exchange.

"Court advocate" means a qualified, trained staff or volunteer whose duties are to offer assistance to victims and any dependents in legal matters relevant to their situation. A Court Advocate provides court advocacy through support, information, assistance, safety planning, accompaniment and intervention with any aspect of the civil or criminal legal system on behalf of a victim of human sex trafficking. Court Advocates shall not act as licensed attorneys and are not permitted to give legal advice, unless such person is a licensed attorney in the state of Oklahoma.

"Counseling" means face-to-face or virtual therapeutic session with one-on-one interaction between a licensed behavioral health professional and an individual to promote emotional and/or behavioral change focused on victim safety and perpetrator accountability. Those individuals providing professional therapy to adult/child victims/survivors of human sex trafficking as a result of sexual violence understand that victims of trafficking may exhibit depression, post-traumatic stress disorder, memory problems, fear, suspicion, rape trauma syndrome and physical distress as a result of the psychological stress, such as headaches, stomach aches, chest pain and numbing of parts of the body. Interviews requiring them to recount their experiences can trigger these behaviors. Initially, many victims may be more comfortable with less formal, supportive counseling or "conversations" (not counseling) geared toward immediate problem solving, adjusting to life at the center and coping with loneliness and isolation from their communities.

"Crisis intervention" means short-term, immediate assistance and advocacy given by phone, virtually, or in person to adult victims of human sex trafficking. Crisis intervention services include but are not limited to assessing dangerousness, safety planning, information about available legal remedies, establishing rapport and communication, identifying major problems, exploring feelings and providing support, exploring possible alternatives, and/or formulating an action plan and follow-up measures.

"Cultural diversity" means the spectrum of differences that exists among groups of people with definable and unique cultural backgrounds.

"Danger assessment" or "Threat assessment" means, for the purposes of human trafficking, a tool to determine the level and immediacy of threat posed to a victim or at risk person who may be currently or threat in the future of being labor or sex trafficked. There is currently no single tool prescribed in Oklahoma for assessing danger or threat in regards to human trafficking specifically. Certified service providers in Oklahoma have leeway to determine the best tool to use specifically with the victim at the time of the assessment. The OAG or other governing body may, in the future, prescribe an assessment protocol specifically for human trafficking.

"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt if the value of those services as reasonably assesses is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

"Direct services" means services delivered by a qualified staff member or volunteer, in direct contact with a client including telephone or other electronic contact.

"Director" means the person hired by the governing authority to direct all the activities of the organization.

"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity to human sex trafficking problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients.

"Emergency services" or "crisis services" means a twenty-four (24) hour capability for danger assessment, intervention and resolution of a client crisis or emergency that is provided in response to unanticipated, unscheduled emergencies requiring prompt intervention.

"Emergency transportation" means transportation for a victim of human sex trafficking to a secured identified location at which emergency services or crisis services can be offered.

"Executive director" or "Chief Executive Officer" or "CEO" means the person in charge of a facility as defined in this section.

"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.

"Governing authority" means a group of persons having the legal authority, and final responsibility for the operations and functions of the entire certified adult victims of human sex trafficking program, or Program facilities, in and of all geographical locations and administrative divisions.

"Group counseling" means a face-to-face or virtual therapeutic session with a group of adult/child victims/survivors to promote emotional or behavioral change. Those individuals providing professional therapy to victims/survivors of human sex trafficking must be prepared to provide education and information about:

(A) Physical and emotional safety;

(B) How perpetrators maintain control and dominance over their victims;

(D) The recognition that individuals victimized are not responsible for a perpetrator's violent behavior, and the role of society in perpetuating violence against women and the social change necessary to eliminate violence against women, including the elimination of discrimination based on race, color, gender, sexual orientation, age, disabilities, economic or educational status, religion or national origin.

"Guardian" means an individual who has been given the legal authority for managing the affairs of another individual.

"Indirect services" means services delivered by a staff member or volunteer, that does not involve direct services with a client or client's child.

"Initial contact" means a person's first contact with the program or facility requesting information or service by telephone or in person.

"Intake" means an interaction intended to discover what has happened, determine what the crisis is, assess dangerousness indicators, do safety planning, and/or establish the immediate needs of adult victims and any dependents of human sex trafficking to determine appropriate services and referrals. This includes interaction with an individual determined to be appropriate for ongoing service in order to obtain basic demographic information, gather vital information on the adult and the children, orient the victim/survivor to the program, program rules, and, if applicable, the facilities. Cultural needs should also be identified at this time.

"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.

"Medical care" means those diagnostic and treatment services which can only be provided or supervised by a licensed physician.

"Medication" means any drug that is legally in the possession of the client, his/her children, or a person seeking admittance to the Program facilities or his/her children; this definition includes prescription medications and medications available for legal purchase without a prescription.

"Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse.

"Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client.

"OAG" means the Office of the Oklahoma Attorney General.

"Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic.

"Operation" means that clients are receiving services offered by the program.

"Persons with special needs" means persons with a condition which is considered a disability or impairment under the "American with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, persons with mental illness. See "Americans with Disabilities Handbook," published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.

"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.

"Primary Victim" means a client who has experienced human sex trafficking or the consequences of the crimes first hand.

"Procedures" means the standard methods by which policies are implemented.

"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.

"Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its governing authority, staff, volunteers, activities and planning process to determine whether program goals are met, staff, volunteers, and activities are effective, and what effect, if any a program or service has on the problem which it was created to address or on the population which it was created to serve.

"Program goals" means broad general statements of purpose or intent.

"Qualified staff" means someone who has met the criteria for provision of direct services as defined in 75:30-11-12.

"Release" or "Waiver" means consent that is informed, written and reasonably time-limited. The terms may be used interchangeably to mean the same thing. 'Release' implies that confidential information is released (despite confidentiality or privilege protection), and 'Waiver' implies waiving the right (to maintain privilege). If release of information is compelled by statutory or court mandate, the program shall make reasonable attempts to provide notice to victims affected by the disclosure of information and take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

"Referral" means information disseminated and/or coordinated access to agency and community services to meet victim's/survivor's and their dependents identified needs.

"Safety Planning" means the process of working with the victim/survivor to develop tools in advance of potential abuse or violence for the immediate and long term safety of the victim/survivor. The plans should be based on the individual's situation and should include the safety needs of dependents. In some cases, h uman sex trafficking victims may face danger from organized crime, and the levels of danger depend on a host of factors including how much a victim's testimony can harm the perpetrators and how violent and extensive a human sex trafficking organization may be. Additional risks may include isolation due to inability to speak English and distrust of law enforcement and the criminal justice system and unfamiliarity with ways to seek help and safety.

"Screening" means the process of determining, preliminarily, the nature and extent of an individual's problem in order to establish the service needs. At a minimum, a screening shall include a brief personal history related to victimization, a review of the individual's strengths and resources, risk factors and referral needs.

"Secondary Victim" means a person with a relationship with the primary victim.

"Self Determination" means the right to make one's own choices.

"Service agreement" means a written agreement between two or more service agencies and individual service providers defining the roles and responsibilities of each party. The purpose of service agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication in order to assure a continuation of services.

"Service note" means the documentation of the time, date, location and description of services offered or provided, and signature, including electronic signature of staff or volunteer offering or providing the services.

"Service plan" means a plan of action developed and agreed upon by the client and service provider that contains service appropriate goals and objectives for the client.

"Sexual Assault" means a range of behaviors, including but not limited to rape, attempted rape, sexual battery, human sex trafficking, sexual abuse of children, sodomy and sexual harassment.

"Sexual assault services" means personal advocacy and support services provided to adult victims of human sex trafficking in settings such as law enforcement, medical settings or program offices.

"Sex trafficking" also known as "Human Trafficking for Commercial Sex" means recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act, or benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of human sex trafficking for commercial sex.

"Residential Program services" means a certified residential living arrangement in a secure setting with support and advocacy services provided by qualified staff, for adult victims of sexual assault as a result of human sex trafficking and their dependents.

"Staff" means personnel who function with a defined role within the program whether full-time, part-time or contracted.

"Support" or "Supportive Services" means the provision of direct services to victims and their dependents for the purposes of preventing further violence, helping such victims to gain access to civil and criminal courts and other community services, facilitating the efforts of such victims to make decisions concerning their lives in the interest of safety, and assisting such victims in healing from the effects of human sex trafficking.

"Transitional living services" means temporary, independent living programs with support services provided by the staff or volunteers of the sponsoring human sex trafficking program. These services are extensions of human sex trafficking shelter services to victims of human sex trafficking and their dependents. These services permit victims to develop their financial capacity and other means to live independently.

"Trauma-informed services" means a service approach that recognizes the impact of trauma and acknowledges the role of trauma in the lives of victims/survivors and their dependents.

"Universal precautions for transmission of infectious diseases" means those guidelines promulgated by the U.S. Occupational Health and Safety Administration which are designed to prevent the transmission of Human Immunodeficiency Virus, hepatitis and other infectious diseases.

"Update" means a dated and signed review of a report, plan or program with or without revision.

"Voluntary Services" means a program shall not mandate participation in supportive services as a condition of program facility residency or emergency services (Family Violence Prevention and Services Act (42 U.S.C. 10408)

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-1-3 Meaning of verbs in rules

The attention of the facility is drawn to the distinction between the use of the words "shall," "should," and "may" in this chapter:

(1) "Shall" is the term used to indicate a mandatory statement, the only acceptable method under the present standards;

(2) "Should" is the term used to reflect the most preferable procedure, yet allowing for the use of effective alternatives; and

(3) "May" is the term used to reflect an acceptable method that is recognized but not necessarily preferred.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:30-1-4 Annual review of standards and criteria

This chapter shall be reviewed annually by the Office of the Attorney General.

History

Added at 28 Ok Reg 1931, eff 7-11-11

Subchapter 3 Programs for Adult Victims/ Survivors of Human Sex Trafficking

Okla. Admin. Code § 75:30-3-1 Service programs core services

(a) Programs serving victims of sexual violence as a result of human sex trafficking and their dependents or family members should consider special service needs when developing a plan to offer services.

(b) All certified programs shall provide safe, accessible, and trauma-informed services for victims of human sex trafficking and their dependents or non-offending family members.

(c) The program shall develop a philosophy of trauma-informed service provision based upon voluntary services and individual self-determination. The written statement of the philosophy of services shall be approved by the governing authority and made available to the community, staff, volunteers and clients.

(d) The program shall have policies and protocols for accepting victims of human sex trafficking and develop procedures to maintain facilities, staffing, and operational methods, including a policy on the recruitment of board members, staff and volunteers who are representative of the diversity in the local community and the diversity of their clients.

(e) All certified programs shall ensure program facilities or temporary emergency housing is provided and be able to respond to special needs which may include:

(1) Length of stay shall be based on the needs of the client.

(2) Safety planning should be designed to meet individual, unique needs. Safety planning can be complex due to danger created by an extensive human sex trafficking organization. Perpetrators often threaten the trafficked person's family in the country of origin as well, and such threats impact decisions made by a human sex trafficking victims.

(3) Human sex trafficking victims may never have assimilated into the local community or U.S. culture. Such lack of assimilation, in addition to language barriers and lack of family or community support may make it difficult to meet program facility requirements such as communal meals, support groups and roommates of different ethnic, cultural or religious backgrounds.

(4) Human sex trafficking victims may have language interpretation needs. The program shall provide access to an interpreter. It may be necessary for the program to provide translations of written consent forms and other documents.

(5) Human sex trafficking victims may need intensive case management and advocacy for extended periods of time.

(6) In trafficking situation, victims of human sex trafficking are often compelled to provide their services without any compensation. Programs should be cognizant of this dynamic, especially as it relates to the assignment of chores.

(7) Programs should ensure victims are educated about the value of participating in the legal prosecution of offenders and that an appropriate release or waiver may be necessary. It is the human sex trafficking victim's choice to cooperate with law enforcement. Programs may have to educate law enforcement about certain policies, confidentiality and privilege laws, victim issues, including safety concerns, and whether or not law enforcement may enter the shelter. Programs shall also inform law enforcement that victims cannot be restricted from leaving the program facility . An organization's cooperation with law enforcement for the purpose of identification and prosecution of known traffickers is permissible as long as the victim's identification does not have to be revealed without their consent if the trafficker is retaliating against the victim or is otherwise putting the program, program staff, the victim, or other program participants in danger. Programs shall provide alternate, secure locations for interviews.

(8) Victims of human sex trafficking may often have complex legal needs and be charged with federal or state crimes. Programs should develop relationships with qualified criminal defense and civil attorneys, including the federal and state public defender offices that can assist them.

(9) Establishing networks with additional service providers: Because of the unique needs of human sex trafficking victims, Programs may have to identify and establish relationships with service providers such as those who do refugee settlement, with whom they have no previous relationship, and assess the providers as potential referral sources.

(f) All certified programs shall provide services free from all forms of unlawful discrimination based on race, sex, color, age, national origin, genetic information, religion, disability (i.e., physical, mental illness and substance abuse), and/or economic or educational status, including a policy that services to will not be denied or diminished on the basis of immigration status.

(g) Compliance with 75:30-3-1 shall be determined by a review of the program's policies and procedures, service agreements, on-site observation, client and staff interviews and/or other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
2 Section 75:30-2-1, as referenced in subsection (h), was editorially renumbered to 75:30-3-1.

Okla. Admin. Code § 75:30-3-1.1 Crisis intervention services

(a) All certified human sex trafficking programs shall offer crisis intervention services including, but not limited to:

(1) Twenty-four (24) hour crisis telephone services either operated solely by the program or in colloaboration with other certified programs, and shall be staffed by trained staff or volunteers, and provide 24-hour immediate, direct access to crisis advocates. Pagers, answering machines or answering services that do not offer immediate access to a crisis advocate shall not be sufficient to meet this requirement;

(2) Provide access to services or providers who can conduct s creenings for immediate needs including safety; medical including screening for tuberculosis, sexually transmitted diseases, HIV, Hepatitis B and Hepatitis C, vaccinations/immunizations, medical treatment for physical injuries, and dental care; mental health; substance abuse; and status including eligibility for other services and HHS or ORR certification;

(3) Emergency housing such as hotel or motel available for victim and any dependent(s);

(4) Arrangement for safe Program facilities, food, clothing, and incidentals needed by victim and any dependent(s) as soon as practical;

(5) Provide protection if the safety of the victim is at risk or if there is a danger of additional harm by recapture of the victim by a perpetrator, including: taking measures to protect human sex trafficking victims and their family members from intimidation and threats of reprisals and ensuring that the names and identifying information of human sex trafficking victims and their family members are not disclosed to the public;

(6) The program shall provide transportation or access to transportation for necessary or emergency services. This shall not require service providers to be placed in a situation that could result in injury;

(7) Assignment or referral to Case Manager or program equivalent, e.g., advocate, lead advocate, etc. ;

(8) Provision of advocacy and referral to assist the victims in obtaining needed services or resources;

(9) Follow-up services shall be offered to all victims if victim safety is not compromised;

(10) Crisis intervention or support services, case management or referral for case management, advocacy, and victim recovery services. These programs shall minimally either directly provide or make provision for the following services:

(11) Life and job skills training;

(12) Establishment of contact with families of victims if appropriate and desired by the client;

(13) Advocacy services, both in person and by telephone or other electronic means, either in the locations of other community services and systems, or in the program's offices to assist with obtaining certification and public benefits;

(14) A resource document of local, area, or state resources to facilitate referrals for clients for longer term counseling and housing and legal services, particularly time-sensitive legal assistance from an attorney;

(15) The agency shall maintain an updated list of identified behavioral health professionals in the community who treat clients with trauma related to human sex trafficking as well as victims who need additional mental health or substance abuse services; and

(16) Provide referral to legal assistance, information about their rights and translation services as necessary.

(b) Compliance with 75:30-3-1.1 shall be determined by a review of the program's policies and procedures, service agreements, on-site observation, client and staff interviews and/or other supporting documentation.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-3-1.2 Court advocacy services

(a) All certified programs shall provide assistance to victims and their dependents in legal matters relevant to their situation. Court advocacy services include provision of information, support, assistance, safety planning, accompaniment and intervention with any aspect of the civil or criminal legal system on behalf of a victim of human sex trafficking. Court advocacy services must be provided by qualified, trained staff members or volunteers.

(b) Advocacy services must both be in person or by telephone, either in the location of other community locations and systems, or in the program's offices. Other locations include but are not limited to those necessary to provide court advocacy services to clients.

(c) Compliance with 75:30-3-2.1 shall be determined by a review of policies and procedures, client files and personnel files.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-3-2 Program facilities

(a) All Program facilities shall comply with section 75:30-3-1. Each program facility shall provide longterm program facility services and staffing twenty-four (24) hours per day, seven (7) days per week and offer the following services:

(1) Program facilities shall provide room, food, bathing and laundry facilities, necessary clothing and toiletries for victims and their children free of charge. Programs shall not ask clients to use their nutrition assistance benefits to supplement food for the facility;

(2) Program facilities shall be staffed at all times when clients are in residence. When there are no clients in residence, each shelter program must assure availability for immediate contact or services;

(3) Programs shall offer screening, referral and linkage to clients and callers to appropriate community resources, to include assistance in making initial contact;

(4) Programs must ensure to the best of its ability the physical and emotional safety, security, and confidentiality of clients and the location of the shelter;

(5) The program shall establish and maintain involuntary exit criteria;

(6) The program's policy shall have written procedures regarding the supervision of children; and

(7) The program shall offer services to clients with dependent boys over the age of twelve.

(b) Compliance with 75:30-3-2 shall be determined by a review of policies and procedures, service agreements, on-site observation, and/or other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-2-1, as referenced in subsection (a), was editorially renumbered to 75:30-3-1. 2 Section 75:30-2-2, as referenced in subsection (b), was editorially renumbered to 75:30-3-2.

Okla. Admin. Code § 75:30-3-3 Safe Home for adult victims of sex trafficking [REVOKED]

History

Added at 28 Ok Reg 1931, eff 7-11-11
Revoked by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-2-3, as referenced in subsection (e), was editorially renumbered to 75:30-3-3.

Okla. Admin. Code § 75:30-3-4 Transitional living program

(a) All transitional living programs shall comply with 75:30-3-1, 75:30-3-1.1 and the following:

(1) The program shall maintain homes, apartments, or other residential living environments suitable for survivors of human sex trafficking and their dependents, if applicable, and which provide the reasonable safety and privacy needed by this population. The program shall offer access to necessary furniture and equipment;

(2) The program shall include heating and refrigerated cooling systems to maintain a reasonable comfort level;

(3) Supportive services for residents are available through the twenty-four (24) hour program hotline by trained staff or volunteers;

(5) The program shall have a written agreement with each resident that outlines specific responsibilities of both the program and the resident to include expectations, responsibilities, and limitations. The agreement shall be signed by both parties.

(6) The program shall offer weekly support groups for transitional living residents and their children; and

(7) The program shall offer at least one 30 minute face-to-face service contact per week with each transitional living residents and their children.

(b) Compliance with 75:30-3-4 shall be determined by a review of program policies and procedures, client records, on-site observation, written agreements and/or other supporting documentation.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-3-5 Children's services

(a) Client records for both residential and non-residential children shall contain, at a minimum, the following information:

(1) Intake and screening information:

(A) Client's name;

(B) Date of initial contact/intake;

(D) Pertinent medical information;

(E) Mother's name;

(F) Father's name; and

(G) Name of adult client's abuser.

(2) Custody

(A) Has the court entered a custody order; If yes, what does the order provide?;

(B) With whom does the child physically reside?;

(D) Is visitation court ordered with the abuser?

(3) Safety, including but not limited to:

(A) History of child abuse or neglect;

(B) Exposure or witnessing violence;

(D) History of involvement in the child welfare system; including the presence of current child welfare involvement.

(4) Service notes, which shall minimally include: the date, location, start time, duration and description of services provided delineated by time spent and service code, if applicable, or documentation of referral to other services or case management.

(b) Within five (5) business days of entry into residential services (excluding advocacy or children's activities or crisis intervention), all certified programs shall offer to assess the risk and needs, including culturally specific needs, of the children accompanying primary victims and offer children's services to address the impact of violence and trauma in their lives and to facilitate healing. A risk and needs screening and assessment on each child, when accepted, shall minimally include information on his or her:

(1) Brief trauma screening to assess the impact of trauma;

(2) Developmental history to include speech and language, hearing and visual;

(3) Medical or physical health history;

(4) Social history to include interactions with peers;

(5) History of use of tobacco, alcohol or other drugs;

(6) Parent/guardian custodial status; and

(7) Community referral needs.

(c) Services provided to each child shall be culturally sensitive while addressing identified risks and needs, and shall minimally include:

(1) Safety planning that is appropriate with respect to the child or adolescent's age, development, and education;

(2) A specific safe, protected play area for children;

(3) Advocacy with community systems;

(4) Referral to community resources for needed services;

(5) Linkage and advocacy with the local school system to provide for educational needs;

(6) Parenting support for clients, if applicable; and

(7) Children's groups using age appropriate topics and based on established best practices.

(e) Compliance with this 75:30-3-5 shall be determined by a review of client records, program policies and procedures, on-site observation, written agreements, and/or other program supporting documentation.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 5 Client Records and Confidentiality

Okla. Admin. Code § 75:30-5-1 Purpose

The purpose of this subchapter is to set forth the standards and criteria governing client records and confidentiality of client information, including client records, for victims of human sex trafficking.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:30-5-2 Client records

(c) Compliance with 75:30-5-2 shall be determined by on-site observation, client records and any other supporting program documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-2, as referenced in subsection (c), was editorially renumbered to 75:30-5-2.

Okla. Admin. Code § 75:30-5-3 Record content - general

(a) Client records for both residential and non-residential clients shall contain, at a minimum, the following information:

(1) Intake and screening information:

(A) Client's name;

(B) Date of initial contact/intake;

(D) Emergency contact information, if applicable;

(E) History/nature of abuse including an evidence-based dangerousness assessment, if applicable and safety planning, screening for medical, mental health and substance abuse, status including eligibility for other services and HHS or ORR certification; and

(F) Perpetrator(s) information, if known.

(2) Service notes, which shall minimally include:

(A) The date, location, start time, duration and description of services provided delineated by time spent and service code, if applicable, or documentation of referral to other services or case management; and

(B) The signature of staff or volunteer providing the services or referral.

(3) Service plan focusing on victim safety and well-being which shall minimally include:

(A) Goals and objectives of the client, which shall be developed and agreed upon between the client and staff or volunteer, and

(B) Service plans and their updates shall be signed and dated by the client and staff.

(4) Exit information, which shall minimally include:

(A) Documentation that the client participated in planning for his or her exit from the program;

(B) The reasons for the client's exit or departure; and

(C) Client and staff or volunteer dated signatures or an explanation if staff were unable to obtain the client's signature.

(b) Each client record entry shall be legible, dated, and signed by the staff member or volunteer making the entry.

(c) Compliance with 75:30-5-3 shall be determined by a review of program policies and procedures; review of the client records for content; and/or other supporting program documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-3, as referenced in subsection (c), was editorially renumbered to 75:30-5-3.

Okla. Admin. Code § 75:30-5-3.1 Record content - service specific

(a) Client records for specific services shall conform to the following:

(1) Shelter Program Facility Services:

(A) On a client's entry to the program facility, staff or volunteers shall record the client's name, emergency contact person(s), if applicable, known allergies, and any referrals for medical or emergency services. This information may be a part of the full intake interview if the full intake is done on entering the program facility. Assessing client's safety planning shall also be done at the time of the full intake;

(B) program clients shall have the full intake interview and screening completed within fourteen (14) days of entry into the Program facilities;

(C) Service plans shall be offered within thirty (30) business days of client's entry to the Program facilities and at the client's discretion;

(D) The service plan shall be reviewed and updated at least every two (2) weeks;

(E) The client's service plan shall include components which address the needs of each child accompanying the client;

(F) The service plan shall include safety issues for the client and children; and

(G) A daily note.

(2) Crisis Intervention Services:

(A) All face-to-face and virtual contacts with clients are documented and contacts with persons not receiving additional services shall be offered and documented. Documentation shall minimally include the following:

(i) Staff/Volunteer Name and signature;

(ii) Date, time, length, and location of intervention;

(iii) Safety Planning based on risk;

(iv) Client's name, age, race, county of residence, and contact number if given;

(v) Protective order information, if applicable;

(vi) Personnel involved such as police, hospital, etc;

(vii) Summary of contact including visible injuries, treatment and services requested; and

(viii) Follow up services shall be offered to all victims, if victim safety is not compromised; and

(ix) Outcome.

(B) All telephone contacts shall be documented. Documentation shall minimally include the following:

(i) Staff/Volunteer name;

(ii) Date, time and length of call;

(iii) Safety planning based on risk;

(iv) Caller's name and contact number, if given; However, no caller shall be required to give a name, phone number or any other identifying information as a condition to receive information about human sex trafficking services;

(v) Summary of the call including services needed; and

(vi) Outcome.

(D) Clients to be transported to program facilities shall be screened before the shelter referral is made. If the client is in immediate danger, no safe housing is available, or appropriate screenings are conducted by other parties which the certified program has approved to do screenings, this screening may be initially waived. If the screening is waived, documentation shall reflect the reason(s) and the notification of such to the progam facility.

(3) Counseling, Support and Advocacy Services:

(A) An assessment of the client's needs, including culturally specific needs shall be completed by the third (3rd) counseling or advocacy session;

(B) A service plan shall be completed by the fifth (5th) advocacy or counseling session; and

(4) Transitional Living Services: A service plan including safety issues for the client and dependents shall be developed within five (5) business days of the client moving in.

(b) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.

(c) Compliance with this 75:30-5-3.1 shall be determined by a review of client records, policies and procedures, call logs, and/or other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-3.1, as referenced in subsection (c), was editorially renumbered to 75:30-5-3.1.

Okla. Admin. Code § 75:30-5-4 Client confidentiality

(a) Protecting the confidentiality of human sex trafficking victims is critical to protecting their safety and establishing trust. Case or client records, files or notes, of a certified program for adult victims of human sex trafficking shall be confidential and shall only be released under certain prescribed conditions pursuant to Oklahoma law (74 O.S. § 18p-3).

(b) The program shall have written policies and procedures to ensure confidentiality of client information and identity of the program's location and govern the disclosure of information including verbal disclosure contained in client records. When a client record is established, the program shall discuss the confidentiality requirements and limitations with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed. Assisting human sex trafficking victims requires the release of confidential information more often, and to more organizations, than when assisting non-trafficked victims. This is particularly true if the victim is seeking certification from HHS or ORR. Staff or volunteers should always obtain the informed, written consent of the victim when relaying confidential information to any person, including law enforcement, federal prosecutors, state attorneys, victim advocates and social services agencies. The written consent forms must be translated into the victim's native language, state the name of the person or organization receiving the information, and contain an expiration date.

(c) The human sex trafficking program must comply with both the state and federal laws that govern confidentiality and any exceptions to those laws.

(1) State Law: Case or client records, files or notes, of a human sex trafficking program shall be confidential and shall only be released under certain prescribed conditions (74 O.S. § 18p-3):

(A) The case records, case files, case notes, client records, or similar records of a human sex trafficking program certified by the Attorney General or of any employee or trained volunteer of a program regarding an individual who is residing or has resided in such program or who has otherwise utilized or is utilizing the services of any human sex trafficking program or counselor shall be confidential and shall not be disclosed;

(B) For purposes of this subsection, the term "client records" shall include, but not be limited to, all communications, records, and information regarding clients of human sex trafficking programs; and

(2) Federal Law:

(C) Victims of Crime Act regulations on confidentiality applying to grantees, 28 CFR § 94.115 provides in part: Sub-recipients of VOCA funds shall, to the extent permitted by law, reasonably protect the confidentiality and privacy of persons receiving services under this program and shall not disclose, reveal,or release any personally identifying information or individual information collected in connection with VOCA-funded services requested, utilized, or denied, regardless of whether such information has been encoded, encrypted, hashed, or otherwise protected; or individual client information, without the informed, written, reasonably time limited consent of the person about whom information is sought, except that consent for release may not be given by the abuser of a minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without a parent's (or the guardian's) consent, the minor or person with a guardian may consent to release of information without additional consent from the parent or guardian. If release of information is compelled by statutory or court mandate, SAAs or sub-recipients of VOCA funds shall make reasonable attempts to provide notice to victims affected by the disclosure of the information, and take reasonable steps necessary to protect the privacy and safety of the persons affected by the release of the information.

(D) Housing Assistance Emergency Solutions Grants, at 42 U.S.C. § 11375 (c)(5), require recipients to develop and implement procedures to ensure confidentiality of records pertaining to any individual provided family violence prevention or treatment services under this part and that the address or location of the family violence Program facilities project assisted under this part will not be made public without written authorization of the person or persons responsible for the operation of such Program facilities; and

(d) Compliance with 75:30-5-4 shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-4, as referenced in subsection (c), was editorially renumbered to 75:30-5-4.

Okla. Admin. Code § 75:30-5-4.1 Waiver of Confidential Information

(a) For a waiver of confidentiality to be valid, it must:

(1) Be voluntary;

(2) Relate only to the participant or the participant's dependents;

(3) Clearly describe the scope and any limitations of the information to be released;

(4) Include an expiration date;

(5) Inform the participant that consent can be withdrawn at any time, orally or in writing;

(6) Programs may only share the specific information the client allows in the release. The client gets to choose when, how and what personal information will be shared, or not shared, and with whom;

(8) The program/agency shall notify the victim of any disclosure and to continue taking steps to protect the victim's safety and privacy.

(b) A valid written release form for disclosure of client information shall have, at a minimum, the following elements:

(1) The specific name or general designation of the program or person permitted to make the disclosure;

(2) The name and title of the individual, agency or organization to which disclosure is to be made;

(3) The name of the client whose records are to be released;

(4) The purpose of the disclosure;

(5) A description of the information to be disclosed;

(6) The dated signature of the client or authorized representative or both when required;

(7) A statement of the right of the client to revoke the release in writing and a description of how the client may do so; and

(8) An expiration date, specified event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given. The reasonableness of this time period will depend on the specific situation.

(c) "In the event of my death" clause: Some programs have chosen to talk with clients about the lethality of human sex trafficking and ask if they would like the program to share information with police, prosecutors, the Oklahoma Fatality Review Board, or others the client may indicate in the event that the client dies (due or not due to ST). Because clients may have to sign multiple releases, programs shall have the "in the event of my death" exception on a different form.

(d) The program shall have written policies and procedures to ensure confidentiality of client information and identity and shelter location and govern the disclosure of information including verbal disclosure contained in client records. When a client record is established, the program shall discuss the confidentiality requirements with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed.

(e) Compliance with 75:30-5-4.1 shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-5-5 Physical safety and integrity of client records

(b) Compliance with 75:30-5-5 shall be determined by a review of the program policies and procedures; on-site review of locking mechanisms and procedures to assure security; and on-site observation of the handling of client records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-5, as referenced in subsection (b), was editorially renumbered to 75:30-5-5.

Okla. Admin. Code § 75:30-5-6 Client record, handling, retention, and disposal

(a) A program shall have written policies and procedures addressing the storage, retention period, and method of disposal of client records. This policy and procedures shall be compatible with protecting clients' rights against unauthorized confidential information disclosures.

(b) Client records shall not be maintained and/or stored at a location other than the certified locations without the prior written authorization of the Office of Attorney General.

(d) Compliance with 75:30-5-6 shall be determined by a review of the program's policies and procedures, and a review of office and files.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-3-6, as referenced in subsection (c), was editorially renumbered to 75:30-5-6.

Okla. Admin. Code § 75:30-5-7 Residential Program Policy on Medications

(a) The program shall seek to afford program residents with the greatest possible privacy and autonomy in regard to their medication, while also providing a safe shelter environment as follows:

(1) Staff and volunteers will not dispense medication;

(2) The program will provide every resident with an individual locking box, locker, or locking cabinet ("locked space") for storage of medications and valuables or lock the clients' medication in a safe but accessible location;

(3) The program will not limit or monitor the survivor's access to her medication;

(4) If a client indicates that she needs access to refrigerated storage space, the program will provide refrigerated storage space in the manner that provides the greatest possible privacy and autonomy; and

(5) The program shall have a policy for the disposal of unused or abandoned medication or other substances.

(b) Safety Agreement: During a resident's stay at shelter, the client shall be asked to make sure that any medications the client has are safely secured.

(1) The program will ask every resident to sign an agreement that the client will store any medications in the client's individual locking box, locker, or locking cabinet provided, or if it is one requiring refrigeration, as otherwise provided. The agreement will provide that residents who have medications that must be taken in the event of a medical emergency may carry them on their person (e.g., in a fanny pack).

(c) Compliance with 75:30-5-7 shall be determined by a review of the program's policies and procedures, and on-site observation.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 7 Physical Environments

Okla. Admin. Code § 75:30-7-1 Physical plant, primary role

(a) The primary role of programs is to provide safety; and they must also protect the confidentiality and privacy of victims of sexual violence as a result of human sex trafficking and their dependent family members. The physical plants of programs shall not be utilized in any manner which fails to guarantee the confidentiality, safety, and protection of the victims, their dependents and staff and volunteers.

(b) Facilities that serve both victims of human sex trafficking as well as domestic violence victims in the same facility shall have written procedures to ensure that its services do not jeopardize the safety and psychological well-being of either victim.

(c) Compliance with 75:30-7-1 shall be determined by a review of program policies and procedures and a tour of the facility.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-1, as referenced in subsection (d), was editorially renumbered to 75:30-7-1.

Okla. Admin. Code § 75:30-7-2 Fire and safety codes and inspections

(a) The physical environments of program facilities, housing options and all office space shall meet safety, zoning, and building code regulations required by local, state, and federal authorities, and shall obtain and maintain an annual fire and safety inspection from local or state authorities.

(b) Compliance with 75:30-7-2 shall be determined by a review of the annual fire and safety inspection report.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-4-2, as referenced in subsection (b), was editorially renumbered to 75:30-7-2.

Okla. Admin. Code § 75:30-7-3 Firefighting and first aid equipment

(a) All facilities shall have a first aid supply kit and annually maintained fire extinguishers.

(b) Compliance with 75:30-7-3 shall be determined by on-site observation and by interviewing staff.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-4-3, as referenced in subsection (b), was editorially renumbered to 75:30-7-3.

Okla. Admin. Code § 75:30-7-4 Disaster procedures

(b) Fire, tornado, bomb threat and intruder drills shall be conducted annually. The date, time, and type of the drill shall be documented.

(c) Compliance with 75:30-7-4 shall be determined by on-site observation, a review of written procedures, staff or volunteer interviews, and documentation of drills.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-4, as referenced in subsection (c), was editorially renumbered to 75:30-7-4.

Okla. Admin. Code § 75:30-7-5 Persons with special needs

(b) Compliance with 75:30-7-5 shall be determined by a review of program policies and procedures.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-5, as referenced in subsection (b), was editorially renumbered to 75:30-7-5.

Okla. Admin. Code § 75:30-7-6 Program environment

(a) The program environment shall meet the following conditions:

(1) The facility shall be accessible by an all-weather road;

(2) The facility shall have adequate space in which to carry out the program's goals and objectives, including outdoor areas and equipment when appropriate;

(3) The facility shall have heating and air conditioning equipment adequate to maintain the temperature in areas utilized by clients at between 65°F and 85°F;

(4) The facility shall have adequate ventilation and air circulation provided in the facility to assure an environment that will be comfortable for the clients;

(5) The facility shall have water from an approved tested potable source;

(6) The facility shall have, at minimum, a commode and, lavatory facility. The privacy of individuals shall be assured while using these facilities;

(7) All doors, including those for each closet, bedroom, bathroom, and office, shall be easily opened from both sides;

(8) Smoking shall not be allowed in any indoor portion of any facility;

(9) Facility sanitation shall be maintained to prevent offensive odors and insect infestation;

(10) All facilities shall have emergency backup lighting;

(11) Telephones shall be provided for the convenience of the staff or volunteers, and the necessary accommodation of the clients. Pay telephones only are not acceptable ;

(12) There shall be written policies and procedures addressing the use of any outdoor recreational space, including required supervision and the safety of children;

(13) Toxic materials and dangerous substances, such as toxic cleaners, insecticides, and matches shall be stored in a non-client area, locked space where they are not accessible to children;

(14) Combustible materials shall be stored in locked non-flammable containers; and

(15) The Poison Control Center's toll-free telephone number shall be posted and visible to staff, volunteers and clients at all times.

(b) Compliance with 75:30-7-6 shall be determined by a review of program policies and procedures, staff, volunteer and client interviews, and on-site observation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-6, as referenced in subsection (b), was editorially renumbered to 75:30-7-6.

Okla. Admin. Code § 75:30-7-7 Program environment, residential services programs

(a) All certified residential programs shall comply with section 75:30-7-6 and the following:

(1) The facility shall have access to outdoor recreational space and playground equipment located, installed, and maintained as to ensure the safety of the clients and their children. The grounds and access thereto shall be maintained in a manner that shall ensure the area is free of any hazard to health or safety;

(2) Kitchens used for meal preparation in the residential facility shall be provided with the necessary equipment for the preparation, storage, serving, and clean-up of all meals. All equipment shall be maintained in working order;

(3) Provisions shall be made to assist or make food available for meal preparation that accommodates special diets;

(4) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) to twelve (12) resident, including infants and children. The privacy of individuals or families shall be assured while using these facilities;

(5) Residents' rooms shall be so arranged that the client has direct access to a hallway or common area without having to pass through other resident's rooms or areas;

(6) There shall be written policies and procedures for laundry and linens, addressing frequency of changing linens, and laundry arrangements within the facility;

(7) Laundry equipment shall be provided within the residential facility, and shall be kept clean, well-maintained, and properly ventilated;

(8) Reasonable space shall be provided for storage of clients' personal belongings;

(9) Written policies and procedures shall address secure storage of client valuables;

(10) Written policies and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication;

(11) The facility shall be secured by double locks or locking devices such as chains, bolts, etc. on ground floor doors. However, documentation that the locking system meets state and local fire code inspection shall be accepted. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible;

(12) All outdoor openings such as windows shall be covered for privacy;

(13) Provision shall be made for cleaning the facility minimally once per week. A written work schedule or other form of notification shall be posted, which clearly delineates each individual's responsibility for various tasks;

(14) Safe and adequate internal play space for children, including outlet protectors and gated stairwells; and

(15) Baby beds and high chairs that ensure children's safety and comfort shall be available for infants and small children.

(b) Compliance with 75:30-7-7 shall be determined by a review of program policies and procedures; program facility rules, staff, volunteer and client interviews where appropriate, and on-site observation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-7, as referenced in subsection (b), was editorially renumbered to 75:30-7-7.

Okla. Admin. Code § 75:30-7-8 Program environment, Safe Home services program [REVOKED]

History

Added at 28 Ok Reg 1931, eff 7-11-11
Revoked by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-4-6(a) (1)-(11), was editorially renumbered to 75:30-7-6(a) (1) -(11). 2 Section 75:30-4-8, as referenced in subsection (b), was editorially renumbered to 75:30-7-8.

Okla. Admin. Code § 75:30-7-9 Program environment, transitional living services program

(a) All transitional living services programs shall comply with section 75:30-7-6(a) (1) -(10) and the following:

(1) Operable smoke detectors;

(2) 24-hour access to a telephone for emergencies;

(3) Secured by double locks or locking devices such as chains, bolts, etc. which meets state and local fire code inspection;

(4) outdoor Outdoor openings such as windows shall be covered for privacy; and

(5) the The facility shall have, at minimum, a commode, lavatory and bathing facility at a ratio of one (1) for every eight (8) persons, including infants and children. The privacy of individuals or families shall be assured while using these facilities.

(b) Compliance with 75:30-7-9 shall be determined by a review of program policies and procedures, provider and client interviews where appropriate, and on-site observation.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Subchapter 8 Technology

Okla. Admin. Code § 75:30-8-1 Technology and system plan

(a) The agency shall have a written plan regarding the use of technology to support and advance effective and efficient service and business practices. The plan shall include, but not be limited to:

(1) Hardware and software.

(2) Security.

(3) Confidentiality.

(4) Backup policies.

(5) Assistive technology.

(6) Disaster recovery preparedness.

(7) Virus protection.

(b) Compliance with 75:30-8-1 shall be determined by a review of the facility policies, performance improvement plans and technology system plan.

History

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Subchapter 9 Program Management And Performance Improvement

Okla. Admin. Code § 75:30-9-1 Admission criteria

(a) The agency shall have specific written criteria for each program service component identifying persons for whom the services are intended, and persons who are excluded from receiving services.

(b) The program shall have a written policy requiring referral of any individual who does not meet services criteria.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Okla. Admin. Code § 75:30-9-2 Program management, policies and procedures

(a) The agency shall maintain written policies and procedures that describe each program service component, the rules clients are expected to follow for each component, and staff or volunteer duties. Policies shall include but are not limited to:

(1) Length of stay limitations, if any;

(2) Participation in housekeeping, food preparation or other activities, if applicable; and

(3) Physical punishment of children shall not be allowed.

(b) Clients shall be given a copy of program rules and the provision of such shall be documented in the client record.

(d) Compliance with 75:30-9-2 shall be determined by a review of the program's written policies and procedures; rules; client interviews and record documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-5-2, as referenced in subsection (d), was editorially renumbered to 75:30-9-2.

Okla. Admin. Code § 75:30-9-3 Program mission and goals

(a) The program shall have a written mission statement, and annually state in writing the program's goals.

(b) The annual program goals shall be approved by the agency's governing body each year, and shall be disseminated to staff and volunteers.

(c) Compliance with 75:30-9-3 shall be determined by a review of the mission statement, program's annual goals, governing body minutes, staff meeting minutes and any other relevant documentation provided by the program.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-5-7, as referenced in subsection (c), was editorially renumbered to 75:30-9-3.

Okla. Admin. Code § 75:30-9-4 Annual program evaluation

(a) On or before December 31 each year, the agency shall submit an annual evaluation of the program's services, facilities and policies and procedures, covering the period between July 1 - June 30. This evaluation shall be carried out according to a written plan established in policies and procedures to include the plan of evaluation, data to be reviewed, and the persons to conduct the evaluation, e.g., governing body members, staff, volunteers or other persons. The evaluation shall include an assessment to identify special populations of victims of human sex trafficking who are underserved or who have special needs including culturally or specific needs.

(b) Upon completion, this evaluation shall be submitted and reviewed by the governing body, and made available to personnel and volunteers.

(c) Compliance with 75:30-9-4 shall be determined by a review of the program evaluation, policies and procedures, staff meeting minutes and/or any other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-5-8, as referenced in subsection (c), was editorially renumbered to 75:30-9-4.

Okla. Admin. Code § 75:30-9-5 Critical incidents

(a) The program shall have policies and procedures requiring documentation and reporting of critical incidents.

(b) Each critical incident shall be recorded and monitored as follows:

(1) Agency name, name and signature of the person(s) reporting the critical incident;

(2) Client ID(s), staff member(s), volunteers and/or property, involved in the critical incident;

(3) The date, time and physical location of the critical incident, if known, and the name of the staff or volunteer the incident was reported to;

(4) A description of the incident;

(5) Severity of each injury, if applicable. Severity shall be indicated as follows:

(A) No off-site medical care required or first aid care administered on-site;

(B) Medical care by a physician or nurse or follow-up attention required; or

(6) Resolution or action taken, date action taken and signature of the agency director or authorized designee;

(1) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax, or mail, including electronic mail, to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented ; and

(2) Critical incidents involving disaster at a facility, death or client abuse shall be reported to the Safeline at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail, including electronic mail to the Office of the Attorney General Victims Services Unit.

(d) Compliance with 75:30-9-5 shall be determined by a review of policies and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-5-9, as referenced in subsection (d), was editorially renumbered to 75:30-9-5.

Subchapter 11 Personnel and Volunteers

Part 1 PERSONNEL

Okla. Admin. Code § 75:30-11-1 Personnel policies and procedures

(a) The program shall have written policies and procedures governing the conditions of agency employment to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to employment all certified programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of employees to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all certified programs are required to conduct a name search of employees against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(d) Compliance with 75:30-11-1 shall be determined by a review of the program's personnel policies and procedures, interviews with staff and volunteers, review of staff meeting minutes and/or other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-6-1, as referenced in subsection (d), was editorially renumbered to 75:30-11-1.

Okla. Admin. Code § 75:30-11-2 Non-discrimination

(a) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with personnel in accordance with applicable state and federal laws.

(b) Compliance with 75:30-11-2 shall be determined by a review of the program's written policy and procedure, and staff interviews.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-3, as referenced in subsection (b), was editorially renumbered to 75:30-11-2.

Okla. Admin. Code § 75:30-11-3 Selection of personnel

(a) The methods for selecting personnel shall be described in policies and procedures and shall include, but not be limited to:

(1) The processes for recruitment, selection and appointment; and

(2) Written criteria demonstrably related to the position being filled.

(b) Compliance with 75:30-11-3 shall be determined by:

(1) Review of the policies and procedures;

(2) Review of job descriptions for personnel; and

(3) Review of any other supporting documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-4, as referenced in subsection (b), was editorially renumbered to 75:30-11-3.

Okla. Admin. Code § 75:30-11-4 Job descriptions, personnel

(a) The agency shall have written job descriptions for personnel defining the duties of, and minimum qualifications for, each position.

(b) Compliance with 75:30-11-4 shall be determined by:

(1) Review of the program's policies and procedures; and

(2) Review of the program's job descriptions.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-5, as referenced in subsection (b), was editorially renumbered to 75:30-11-4.

Okla. Admin. Code § 75:30-11-5 Personnel records

(a) The agency shall maintain record(s) for each staff member or volunteer selected and utilized; documentation shall minimally include:

(1) Job description;

(2) Employment application or resume;

(3) Documentation of current qualifications and training as required and defined in the job description;

(4) Duty or work assignment;

(5) Record of hours worked or hours of service performed;

(6) Record of participation in training;

(7) Staff performance evaluation(s); and

(8) Emergency notification information.

(b) Compliance with 75:30-11-5 shall be determined by a review of personnel records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-8, as referenced in subsection (b), was editorially renumbered to 75:30-11-5.

Okla. Admin. Code § 75:30-11-6 Supervision of personnel

(a) A certified program shall establish in writing lines of supervision for all personnel.

(b) Compliance with 75:30-11-6 shall be determined through a review of the program's policies and procedures, or any other supporting documentation provided, including, but not limited to, personnel manuals, organizational charts, job descriptions, and personnel files.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-9, as referenced in subsection (b), was editorially renumbered to 75:30-11-6.

Okla. Admin. Code § 75:30-11-7 Performance evaluation of personnel

(a) The agency shall have policies and procedures mandating the evaluation of personnel employment and service performance. These policies and procedures shall minimally include:

(1) Performance evaluations shall be completed at least annually, to include an evaluation of the Executive Director;

(2) Define the reason(s) for any evaluation other than annual;

(3) Performance evaluations shall be in writing and based on the staff's or volunteer's job description;

(4) Each evaluation shall be individually discussed with the staff or volunteer;

(5) Personnel shall have a documented opportunity to respond, in writing, to each of their individual performance evaluations; and

(b) Compliance with 75:30-11-7 shall be determined by a review of:

(1) Program policies and procedures, governing authority meeting minutes where applicable, and

(2) Review of personnel files.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-10, as referenced in subsection (b), was editorially renumbered to 75:30-11-7.

Part 3 VOLUNTEERS

Okla. Admin. Code § 75:30-11-8 Volunteer policies and procedures

(a) The program shall have written policies and procedures governing volunteer utilization to include appropriate screening and background inquiries to ensure client safety and confidentiality. Prior to direct services volunteering, all certified programs are required to obtain an Oklahoma State Bureau of Investigation (OSBI) criminal history name search of volunteers to also include a search of the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act. At least annually thereafter, all certified programs are required to conduct a name search of direct services volunteers against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.

(b) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with volunteers in accordance with applicable state and federal laws.

(c) Compliance with 75:30-11-8 shall be determined by a review of the program's written policies and procedures, and volunteer interviews.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-12, as referenced in subsection (c), was editorially renumbered to 75:30-11-8.

Okla. Admin. Code § 75:30-11-9 Supervision of volunteers

(a) The program shall establish in writing lines of supervision for all volunteers.

(b) The program shall ensure each volunteer has the knowledge relevant to the volunteer's job duties and is supervised pursuant to program policies and procedures.

(c) Compliance with 75:30-11-9 shall be determined through a review of the program's policies and procedures, and any other supporting documentation provided, including, but not limited to, volunteer manuals, and organizational charts.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-13, as referenced in subsection (c), was editorially renumbered to 75:30-11-9.

Okla. Admin. Code § 75:30-11-10 Volunteer records

(a) The agency shall maintain record(s) for each volunteer selected and utilized; documentation shall minimally include:

(1) Duty or work assignment;

(2) Record of hours worked or hours of service performed;

(3) Record of participation in training; and

(4) Emergency notification information.

(b) Compliance with 75:30-11-10 shall be determined by a review of personnel records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-6-14, as referenced in subsection (b), was editorially renumbered to 75:30-11-10.

Part 5 TRAINING

Okla. Admin. Code § 75:30-11-12 Orientation - general, personnel and volunteers

(a) Personnel and volunteers must receive specific training to understand the unique needs of human sex trafficking victims.

(b) A certified program shall provide a minimum of forty (40) hours of orientation training that incorporates the use of adult learning techniques (i.e., scenarios, role playing) to familiarize new personnel and volunteers providing direct services with the program which includes, but is not limited to:

(1) Program goals and services of each service component;

(2) Program policy and procedures;

(3) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;

(4) Facility safety and disaster plans;

(5) First aid kits and fire extinguishers, their location, contents and use;

(6) Universal precautions;

(7) Learning interviewing skills and techniques for working with victims of human sex trafficking including:

(A) Hotline calls from trafficking victims and active and empathetic listening techniques; and

(B) Safety planning for human sex trafficking victims;

(8) Vicarious trauma and self-care;

(9) Client rights;

(10) Power and control tactics in human sex trafficking;

(11) Dynamics and impact of sexual assault;

(12) Dynamics and impact of human sex trafficking;

(13) Behavioral health issues related to human sex trafficking including but not limited to:

(A) Cultural information about victims coming from the world of human sex trafficking to a "normal" world;

(B) Effects of trauma, including high risk behaviors, adaptive survival strategies and coping skills; and

(14) Documentation of services;

(15) Sexual abuse within the family (i.e., incest, sibling abuse, marital and domestic relationship rapes);

(16) Sexual assault outside the family (stranger, non-stranger, abuse by professionals, sexual harassment and bullying);

(17) Commercial sexual exploitation (i.e., prostitution, trafficking, pornography, escort services, and massage parlors);

(18) Underserved client populations (i.e., males, victims of the same gender, bisexual or transgender, non-English speaking, undocumented immigrants, victims with cognitive disabilities, or who are deaf or hard of hearing) or other disability as defined by the Americans with Disabilities Act; and

(19) Topics to increase skills to identify Post-traumatic Stress Disorder (PTSD) as it relates to rape trauma,, self injury and alcohol and substance use.

(20) Training on professional ethics and boundaries necessary for working with trauma survivors.

(21) Understanding legal needs of human sex trafficking victims, including dynamics involved in the prosecution of persons who commit human sex trafficking.

(22) Labor trafficking.

(23) Trauma informed care and special considerations for victims of sex trafficking.

(c) Staff and volunteers providing indirect services and children's activities are required to complete orientation as prescribed by the Executive Director or CEO which shall include training on confidentiality and facility safety and disaster plans.

(d) Orientation for personnel must take place within thirty (30) days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within six (6) months or prior to unsupervised, direct client contact and services. The Executive Director or CEO of a facility may waive orientation training if it is documented that the staff or volunteer has completed the requisite program training within the past year.

(e) Compliance with 75:30-11-12 shall be determined by a review of the written policies and procedures, and personnel and volunteer training manuals and records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-6-20.1, as referenced in subsection (e), was editorially renumbered to 75:30-11-12.

Okla. Admin. Code § 75:30-11-12.1 In-service and ongoing training for personnel and volunteers

(a) A certified program shall have policies and procedures mandating, at the minimum, twenty-four (24) hours of annual training of all staff which shall include:

(1) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;

(2) Facility safety and disaster plans;

(3) First aid kits and fire extinguishers, their location, contents and use;

(4) Universal precautions,

(5) Client rights;

(6) Legal and ethical issues;

(7) Trauma; and

(8) The remaining hours of annual training shall be related to human sex trafficking and administration as prescribed and approved by the Executive Director.

(b) A certified program shall have policies and procedures mandating a minimum of twenty-four (24) hours annual training of all volunteers providing direct services, related to human sex trafficking as prescribed and approved by the Executive Director.

(c) Staff and volunteers who provide indirect services and do not meet the requirements for staff and volunteers providing direct services as defined in OAC 75:30-1-2 shall receive annual training as prescribed by the Executive Director, but do not have a minimum number of training hours required.

(e) Compliance with 75:30-11-12.1 shall be determined by a review of policies and procedures; review of training records and other provided documentation of personnel training; and a review of personnel or volunteer records.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-6-20.2, as referenced in subsection (e), was editorially renumbered to 75:30-11-12.1.

Okla. Admin. Code § 75:30-11-13 Personnel training, sexual assault services [REVOKED]

History

Added at 28 Ok Reg 1931, eff 7-11-11
Revoked by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-6-24, as referenced in subsection (b), was editorially renumbered to 75:30-11-13.

Okla. Admin. Code § 75:30-11-14 Provider training, Safe Home services [REVOKED]

History

Added at 28 Ok Reg 1931, eff 7-11-11
Revoked by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-6-25, as referenced in subsection (c), was editorially renumbered to 75:30-11-14.

Okla. Admin. Code § 75:30-11-15 Personnel training, transitional living services

(a) Prior to providing any direct services, all transitional living services personnel shall receive the prescribed orientation training in 75:30-11-12.

(b) Compliance with 75:30-11-15 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel records.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-11-16 Personnel training, Court Advocates

(a) Prior to providing services, Court Advocates shall receive the prescribed orientation training, and training in the following:

(2) Full faith and credit;

(3) The court process including safety planning during this time; and

(4) At least three (3) hours of accompanied court time with a trained court advocate that includes observation of an ex parte emergency protective order hearing and a final protective order hearing.

(b) Compliance with 75:30-11-16 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteer training; and

(3) Review of personnel records.

History

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-11-17 Personnel training, children's services

(b) Compliance with 75:30-11-17 shall be determined by:

(1) Review of program's policies and procedures;

(2) Review of program's training records and other provided documentation of staff or volunteers training; and

(3) Review of personnel or volunteer records.

History

Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Subchapter 13 Governing Authority

Okla. Admin. Code § 75:30-13-1 Governing authority

(a) The agency shall have a governing authority. In the instance of Native American programs, the tribal council may be the governing body.

(b) The governing authority shall establish, and function under, written by-laws. These by-laws shall minimally include:

(1) Designation of regular quarterly meetings to be held in accordance with the Open Meeting Act;

(2) Recording and retention of written minutes;

(3) Eligibility criteria, selection, terms, responsibilities, power and duties of members;

(4) Term limitations, removal and filling of vacancies;

(5) Attendance policy;

(6) Prohibition on staff serving as voting members of the governing authority;

(7) Establishment of a quorum; and

(8) Conflict of interest agreement.

(1) Documents of incorporation or registration as a business entity or documentation from the appropriate Tribal Council;

(2) Review of the written by-laws; and

(3) Review of the governing authority's minutes.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-7-1, as referenced in subsection (c), was editorially renumbered to 75:30-13-1.

Okla. Admin. Code § 75:30-13-2 Duties of the governing authority

(a) The duties of the governing authority shall include, but are not limited to:

(1) Approving all policies for the operation of the agency, and ensuring procedures for the implementation of policies are in place and enforced;

(2) Ensuring the agency operates in compliance with established agency policy, applicable state and federal law and administrative rules;

(3) Compliance with the by-laws of the governing authority;

(5) The selection, annual evaluation and continuance of retention of the Executive Director;

(6) Review and approve contractual agreements that exceed financial thresholds as determined by the governing authority;

(7) Review the program audit and certification reports from the VSU and approve all plans of correction; and

(8) Oversee the financial administration of the program, including review and approval of financial audits.

(b) Compliance with 75:30-13-2 shall be determined by a review of:

(1) By-laws and minutes of the meetings of the governing authority;

(2) Posted, or otherwise distributed written materials regarding decisions, and other notifications of the governing authority;

(3) Personnel meeting minutes of the program and its various divisions or geographical locations where applicable; and

(4) Written evaluation and any other documentation regarding the retention or selection or hiring of the Executive Director.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-7-3, as referenced in subsection (b), was editorially renumbered to 75:30-13-2.

Okla. Admin. Code § 75:30-13-3 Governing authority, meeting minutes

(b) Meeting minutes shall include, but are not limited to, recording of:

(1) The date, time and place of the meeting;

(2) Names of those members attending;

(3) Whether, or not, the meeting was convened; and if not why;

(4) Approval of minutes from past meeting;

(5) Topics and issues discussed and decisions reached;

(6) Recording of motions and of votes on the motion; and

(7) Time of adjournment.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
1 Section 75:30-7-4, as referenced in subsection (c), was editorially renumbered to 75:30-13-3.

Okla. Admin. Code § 75:30-13-4 Governing authority, orientation

(a) A certified program shall provide a minimum of two (2) hours orientation training to members of the governing authority which includes, but is not limited to:

(1) Program goals and services of each service component;

(2) Program policies and procedures;

(3) Underlying philosophy [OAC 75:30-1-1.1] ;

(4) Confidentiality, to include verbal confidentiality whether inside or outside of the facility and client records;

(5) Client rights and grievance procedure;

(6) Legal and ethical issues;

(7) Sexual violence as a result of human sex trafficking;

(8) Open Meeting Act and recording of meeting minutes;

(9) Open Records Act;

(10) Rules, including standards and criteria to ensure multi-cultural needs of clients are met, used in certifying programs;

(11) Role and responsibility of the Executive Director; and

(12) Role and responsibility of the governing authority.

(b) Orientation training shall take place within ninety (90) days of election to the governing authority.

(d) Compliance with 75:30-13-4 shall be determined by a review of written policies and procedures, training materials, training records, and minutes of meetings.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
1 Section 75:30-7-5, as referenced in subsection (d), was editorially renumbered to 75:30-13-4.

Subchapter 15 Client Rights, for Adult Victims of Human Sex Trafficking Programs

Okla. Admin. Code § 75:30-15-1 Applicability

This Part is applicable to those human sex trafficking programs certified by the OAG pursuant to 74 O.S. § 18p-1 et seq.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-15-2 Client rights

(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity;

(2) Each client has the right to a safe, sanitary, and humane living environment;

(3) Each client has the right to a humane psychological environment protecting the client from harm, abuse, and neglect;

(4) Each client has the right to an environment which provides reasonable privacy, promotes personal dignity, and provides physical and emotional safety;

(6) Each client, on admission, has the absolute right to communicate with a relative, friend, clergy, or attorney, by telephone or mail, at the expense of the program if the client is indigent;

(7) Each client shall have and retain the right to confidential communication with an attorney, personal physician, or clergy;

(9) No client shall be neglected or sexually, physically, verbally, or otherwise abused;

(12) The records of each client shall be treated as confidential. This confidentiality remains intact even after the client's death;

(13) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client;

(14) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights;

(15) No client shall ever be retaliated against, or be subject to, any adverse conditions or services solely or partially because of having asserted her or his rights as stated in this section;

(16) Upon request, each client has the right to review the client's own records. Upon written request, each client has the right to receive a copy of the client's records or authorize an attorney or other person to do so. The program must provide a copy within a reasonable amount of time. The portion of the client's records regarding mental health or substance abuse treatment, shall be released pursuant to the provisions of 43A O.S. § 1-109 and 42 CFR shall apply;

(17) Each client has the right to know why services are refused and can expect an explanation concerning the reason why the client was refused particular services;

(18) Each client has the right to voluntary services which are self-determined; and

(19) Each client has the right to decide whether or not to participate in supportive services offered by the program.

(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.

(d) Client rights shall be visibly posted in client areas of the facility.

(e) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff or volunteers.

(f) Compliance with 75:30-15-2 and applicable federal laws and regulations shall be determined by a review of program policies and procedures, client records, on-site observation, written agreements, and/or other program documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:30-15-3 Client grievance policy and procedures

(a) Each program shall have a written client grievance policy providing for, but not limited to, the following:

(1) Written notice of the grievance and appeal procedure provided to the client; and, if involved with the client, to family members or significant others;

(2) Time frames for the grievance policy's procedures, which allow for an expedient resolution of client grievances;

(A) Transitional living, and program facility services timeframes for resolution of grievances by program staff or volunteers shall be seven (7) days unless appealed;

(B) Non-transitional living and non- program facility services' timeframes for resolution of grievances by program staff or volunteers shall be fourteen (14) days unless appealed;

(4) Provide for notice to the client that he or she has a right to make a complaint to the OAG Victims Services Unit;

(6) Mechanism to monitor the grievance process and improve performance based on outcomes; and

(7) Annual review of the grievance policies and procedures, with revisions as needed.

(b) Compliance with 75:30-15-3 shall be determined by a review of program policies and procedures, client records, onsite observation, written agreements, and/or other program documentation.

History

Added at 28 Ok Reg 1931, eff 7-11-11
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Chapter 35 Oklahoma Witness Protection Program

Subchapter 1 Oklahoma Witness Protection Program

Okla. Admin. Code § 75:35-1-1 Purpose

The rules found in this Chapter are hereby adopted by the Attorney General of Oklahoma to implement the Oklahoma Witness Protection Planpursuant to authority granted by Title 74 O.S. 2012, § 18p-10(c).

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-2 Definitions

The following words shall be understood in these rules to have the following meanings:

"Case investigator" representative of the Oklahoma Office of Attorney General through whom contact is maintained with the witness and through whom delivery of Support to the witness is ordinarily made and documented.

"Criminal action" criminal proceedings initiated ursuant to the provisions of Title 22 of the Oklahoma Statutes.

"Dangerous perpetrator" a person who has committed or is committing, or who is alleged to have committed or is alleged to be committing, a criminal act, and who has by present or past conduct allegedly:

(A) killed any person,

(B) arranged with another to kill any person,

(D) expressed or shown a willingness to arrange a killing of any person,

(E) inflicted serious bodily harm upon any person,

(F) arranged the infliction of bodily harm upon any person,

(G) expressed or shown a willingness to inflict bodily harm upon any person,

(H) expressed or shown a willingness to inflict bodily harm upon any witness having evidence relevant to the prosecution of a criminal act,

(I) expressed or shown a willingness to inflict bodily harm upon any relative or significant other to any witness having evidence relevant to the prosecution of a criminal act,

(J) closely allied with or associated with a person who is a dangerous perpetrator.

"Government investigator" a duly commissioned Federal, State, County or Municipal law enforcement officer.

"Grand jury" includes both County and Multicounty grand juries empaneled pursuant to the Oklahoma Constitution and the Oklahoma Statutes.

"Immediate family" means a spouse, parent, child, stepchild, sibling, grandparent, household member, or legal representative of a witness, except when such person is in custody for an offense or is the dangerous perpetrator regarding whom the witness is actively assisting law enforcement.

"Investigation" the gathering of evidence of criminal activity by either a grand jury or governmental officers or by a combination thereof. Also included are investigative depositions pursuant to 22 O.S.2011, § 258(Second).

"Participant" Witnesses approved pursuant to these rules. Immediate family if approved for participation pursuant to these rules.

"Program" the Oklahoma Witness Protection Program.

"Prosecuting attorney" Either the District Attorney or Assistant District Attorney with venue jurisdiction for the offense under investigation, or a Unit Chief of jurisdiction for the offense under investigation, Office of Attorney General of Oklahoma.

"Prosecution" includes all phases of the investigation, charging, and litigation of a criminal act or acts.

"Support" provision of State funds for certain financial support of participants in the program, including but not limited to:

(A) Temporary living costs including lodging rent and per diem not to exceed the per diem authorized to State employees traveling on State business;

(B) Witness relocation (moving) expenses, including but not limited to the relocation of the person of program participants and the moving and/or storing of personal property of program participants;

(D) Travel expenses to and from court not to exceed those authorized to State employees traveling on official business;

(E) Other necessary approved temporary expenses related to relocation or transition."

"VSU" the Victims Services Unit of the Oklahoma Office of Attorney General.

"Witness" any natural person having evidence relevant to the prosecution of a criminal act who is actively aiding the prosecution of a dangerous perpetrator by:

(A) providing truthful information regarding criminal activity to a government investigator; or,

(B) being subpoenaed to and/or testifying before a grand jury; or,

(C) being subpoenaed to and/or testifying in any investigative deposition admissible as evidence in a grand jury proceeding; or,

(D) being subpoenaed to and/or testifying in any phase of a criminal action, including all preliminary hearings, motion hearings, and trial proceedings.

"Witness" also includes any such person after the person has given truthful information to a government investigator and/or testified at grand jury, and/or testified in an investigative deposition, and/or testified in proceedings in any phase of a criminal action.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-3 Applicability

The rules found in this Chapter shall govern the manner and procedure governing the making of all applications for Support by a witness seeking Suppor t through the Program, all decisions for granting or denying Support thereon, all payments of all Support upon approved applications, the duration of Support under the Program and grounds for termination of a Participant from the Program ; whether initiated through a District Attorney of jurisdiction or through Unit Chief of jurisdiction in the Oklahoma Office of Attorney General.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-4 Scope of the Program

The Program is only legally authorized to provide certain limited and temporary Support services to Participants . Physical protection of Participants accepted into the Program remains a function of local law enforcement.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-5 Administration and Procedure

(a) The Programshall be administered pursuant to these Rules by the Victims Services Unit of the Oklahoma Office of Attorney General.

(b) A witness seeking Support under the Program shall complete an Application for Support Services using the approved form, See 75:35-1-7.

(c) A witness seeking Support under the Program shall also approve and attach to the Application for Support Services a Memorandum of Understanding using the approved form, See 75:35-1-7. In the event any immediate family members over the age of eighteen (18) years of age will also be seeking Support services in connection to the witness, such persons must also separately approve and sign a Memorandum of Understanding that must also be attached to the witness'Application for Support Services . All persons making application for Support services shall subscribe the following statement under penalty of perjury: "I am either a citizen of the United States or am a qualified alien under the federal Immigration and Nationality Act, and accordingly I am lawfully present in the United States."

(d) Copies of all approved program forms may be obtained by a witness:

(1) through the Victim Witness Coordinator of the local Office of District Attorney,

(2) through a posting on the website of the Office of Attorney General.

(3) An Application for Support Services, upon completion and together with all attachments, shall initially be submitted to and reviewed by theProsecuting Attorney who shall either recommend approval or rejection of the application based upon the facts known to the Prosecuting Attorney that have been developed in the investigation for which the applicant is a witness and the suspect/defendant is shown to be a dangerous perpetrator. The Prosecuting Attorney shall attach either an investigation report(s) or witness summary factually showing the applicant to be a material witness to an offense involving a dangerous perpetrator. The Prosecuting Attorney shall also attach a Triple I criminal background check regarding the applicant witness and any other person seeking support services in connection to the witness.

(4) Upon completion and review by the Prosecuting Attorney, all Applications for Support Services shall be submitted to the Unit Chief for the VSU for processing pursuant to these Rules. The VSU shall prepare and attach to the Application an itemized calculation of Support needed by the witness and/or immediate family.

(5) The award of Support under the Program is not an entitlement, but may be approved at the discretion of the Attorney General of Oklahoma or the First Assistant Attorney General as based upon need demonstrated in the Application for Support Services together with its attachments and the actual availability of funds. An adult relocated program participant shall ordinarily be expected to promptly establish employment in the place of relocation. Except under extraordinary circumstances approved solely at the discretion of the Office of Attorney General, an adult program participant shall not receive Support in either per diem living expenses nor rent for any period more than six (6) months from the date of the approval of an Application for Support Services, or until the witness becomes locally employed and capable of self-support, whichever is shorter. Any extension ofSupport beyond this period shall require submission and approval of a new Application for Support Services.

(6) Any award of Support under the Program shall always be conditioned upon the strict compliance by the program participant to all of the requirements set forth in the Memorandums of Understanding attached to the participant's Application for Support Services, as determined by Office of Attorney General.

(7) All Support paid directly to a witness under the Program shall ordinarily be in the form of currency that shall ordinarily be delivered in person to the program participant by a case investigator. Alternatively, payments of currency made directly to a witness as Support may be delivered through a person approved by the Unit Chief of the VSU . Payment of Support may also be paid directly to a private provider of services when such payment is determined by the Office of Attorney General to be advisable. Documentation of the payment of Support to a program participant shall always be made in the form of a written receipt signed by the program participant in the presence of the case investigator or approved designee who shall also certify thereon the payment's date of delivery, See 75:35-1-7.

(8) Prior to trial in the case, and at such other times determined to be necessary, the case investigator shall prepare a report in writing disclosing all Support payments made by the Program to the witness by amount, date, and reason for the payment, shall transmit a copy of the report to the prosecuting attorney in the case, and provide a copy thereof to the Unit Chief of the VSU of the Office of Attorney General.

(9) Payment for all approved Support shall be from available funds deposited to the Attorney General's Evidence Fund, Title 74 O.S. 2012, § 19, or from funds received from any federal grants awarded for the operation of the Program, See 74 O.S.Supp. 2012, §18p-10(A). Determination of the availability of funds shall be within the sole judgment of the Attorney General or the First Assistant Attorney General reviewing the application.

(10) In the administration of the Program, the Office of Attorney General will not unlawfully discriminate on the basis of race, sex, color, age, religion, creed, political affiliation, disability, or national origin.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-6 Confidentiality of Program Records

The purpose of the Program is for the State of Oklahoma to provide witness protection services to persons who by reason of actively aiding the State of Oklahoma may be in danger of death or bodily harm, See 74 O.S.Supp. 2012, §18p-10(A). The Attorney General hereby finds that open access to records pertaining to the Program will defeat the legal purpose for the program by identifying Program applicants and/or participants and by providing past or current locations for such persons. Accordingly, all records pertaining to the Program including, but not limited to all applications for Support under the Program, together with all records of any and every kind related thereto, are hereby found and declared to be confidential and privileged from disclosure as trial preparation materials of the State of Oklahoma, See 12 O.S.2011, § 3226(B) and exempt from disclosure under the Oklahoma Open Records Act, See 51 O.S.2011, § 24a.5(1)(a). See also, 51 O.S.2011, § 24A.12, 22 O.S.2011, § 2510, 74 O.S.2011, § 19a, and Merrill v. Oklahoma Tax Commission, 831 P.2d 634, 639-640 [holding that State agencies shall make the initial determination whether its records are exempt from Open Records disclosure], and shall be disclosed only as provided in these rules. All Program records shall be subject to the regular audit of the State Auditor and Inspector and disclosed to that Office for such purposes as required for the performance of such audits, See 74 O.S.2011, § 212; provided auditors and audits shall keep confidential the actual and/or alias identities and locations of all persons applying for and/or receiving Support under the Program.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code § 75:35-1-7 Required Forms

(a) The Application for Support Services shall be upon Form 1 consisting of three (3) pages, a copy of which is appended hereto.

(b) The Memorandum of Understanding with a witness or other program participant over the age of eighteen (18) years of age shall be upon Form 2 consisting of one (1) page, a copy of which is also appended hereto.

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Chapter 40 Opioid Abatement Board [EXPIRED]

Subchapter 1 General Provisions [EXPIRED]

Okla. Admin. Code § 75:40-1-1 Purpose [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Okla. Admin. Code § 75:40-1-2 Definitions [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Subchapter 2 Political Subdivisions Opioid Abatement Grants [EXPIRED]

Okla. Admin. Code § 75:40-2-1 Opioid grant award process [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Okla. Admin. Code § 75:40-2-2 Opioid grant award restrictions and requirements [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Okla. Admin. Code § 75:40-2-3 Disbursement process [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Okla. Admin. Code § 75:40-2-4 Remaining unencumbered balance [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Okla. Admin. Code § 75:40-2-5 Oversight and quarterly reporting [EXPIRED]

History

Adopted by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/19/2022, exp. 9/14/2023 (Emergency)

Chapter 45 Pharmacy Benefit Management Compliance and Enforcement

Subchapter 1 General Provisions

Okla. Admin. Code § 75:45-1-1 Purpose

This chapter sets forth definitions, rules of procedure, and for hearings governed by the Attorney General for pharmacy benefit management enforcement compliance and enforcement.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-1-2 Definitions

The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Administrative law judge" means a licensed Oklahoma attorney who has been appointed as an administrative law judge by the Attorney General to oversee and conduct administrative hearings.

"Attorney General" means the Attorney General of the State of Oklahoma who serves as the chief law officer of the state pursuant to 74 O.S. § 18.

"Administrative Hearings Division" means the administrative judicial forum where administrative law judges appointed by the Attorney General to hear cases where the Office of the Attorney General has jurisdictional authority.

"Office of the Attorney General" means the state agency where the Attorney General serves as the agency head.

"Supreme Court" means the Supreme Court of the State of Oklahoma.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Subchapter 2 Rules of Procedure

Okla. Admin. Code § 75:45-2-1 General Provisions

(a) Confidentiality. All parties and the Administrative Law Judge shall have a duty to preserve the confidentiality of protected health information of patients as required under federal or state law.

(b) Public hearings. All hearings conducted by the Office of the Attorney General shall be public and held in accordance with the Administrative Procedures Act. The use of cameras or other audio-visual recording equipment shall comply with Rule 39.1 of the Oklahoma County District Court Rules.

(1) Filing deadlines. In computing any period of time, begin on the day after the act or event, and conclude on the last day of the computed period, unless it be a Saturday, Sunday, or legal holiday, in which the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.

(2) Filing and evidence of filing. Documents required to be filed are considered filed on the date of personal service of such documents or upon the date of the postmark showing date mailed on the envelope containing such documents and must show a date on or before the last day of filing as defined above.

(3) Use of certified or registered mail. If the document is sent by United States registered mail, the date of registration of the document shall be treated as the postmarked date. If the document is sent by United States certified mail and the sender's receipt is postmarked by the postal employee, the date of the United States postmark on such receipt shall be treated as the postmark date of the document. Thus, the risk that the document will not be postmarked on the day that it is deposited in the mail may be overcome by the use of registered mail or certified mail.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-2 Administrative Hearings Division and Administrative Law Judge

(a) Appointments. The Attorney General may appoint administrative law judges as needed.

(b) Administrative Hearings Division. The court setting for all hearings and matters considered by administrative law judges appointed by the Attorney General shall be conducted in a forum known as the Administrative Hearings Division.

(c) Session hours. Unless otherwise ordered by the assigned administrative law judge, the morning sessions shall begin at 9:00 a.m. and close at 12:00 noon, and the afternoon sessions shall begin at 1:30 p.m. and close at 4:30 p.m.

(d) Assigned administrative law judge. An administrative law judge shall have complete authority to conduct the proceedings and may take any action not inconsistent with the provisions of the rules of this Chapter or of the APA for the maintenance of order at hearings and for the expeditious, fair, and impartial conduct of the proceedings. The assigned administrative law judge has the discretion to waive, supplement, or modify any requirement of the applicable law or rule of procedure where permitted by law and when the administration of justice requires. The assigned administrative law judge may also:

(1) arrange and issue notice of the date, time and place of hearings and conferences;

(2) establish the methods and procedures to be used in the presentation of the evidence;

(3) hold conferences to settle, simplify, determine, or strike any of the issues in a hearing, or to consider other matters that may facilitate the expeditious disposition of the hearing;

(4) administer oaths and affirmations;

(5) regulate the course of the hearing and govern the conduct of participants;

(6) examine witnesses;

(7) rule on, admit, exclude and limit evidence;

(8) establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for such purposes;

(9) rule on motions and other pending procedural matters; and

(10) divide the hearing into stages or combine interests of parties whenever the number of parties is large or the issues are numerous and complex.

(e) Hearing Clerk. The Hearing Clerk is the person designated by the Attorney General to assist the Chief Administrative Law Judge and maintain the administrative hearing files and dockets within the Office of Administrative Hearings.

(f) Ex parte communications. Communication with the assigned administrative law judge or their office regarding scheduling and procedural matters is permitted. A lawyer shall have no ex parte communication on the substance of a pending matter or proceeding with the assigned administrative law judge.

(g) Disqualification of Administrative Law Judge.

(1) The administrative law judge shall withdraw from any proceeding in which they cannot accord a fair and impartial hearing or consideration, stating on the record the reasons therefore, and shall immediately notify all parties of the withdrawal.

(2) Any party may file a motion requesting the administrative law judge withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for the disqualification. The administrative law judge shall rule on the motion and make a recommendation to the Attorney General. The Attorney General shall review the recommendation of the administrative law judge and make a final determination on disqualification.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-3 Commencement of Proceeding and Service of Notice

(a) Petition & Notice. A petition and notice of hearing shall comply with the notice requirements under the Administrative Procedures Act. At any time following the filing of a petition and notice of hearing, any party may request the administrative law judge hold a scheduling conference to set hearing dates and discovery deadlines. The administrative law judge shall hold a scheduling conferencing within thirty (30) days of a party's request.

(b) Service of Notice. Service of notice shall be complete upon personal service, upon receipt of a return of service card showing receipt of certified mail by the addressee, or upon the posting of notice or last publication thereof.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-4 Legal Representation and Appearances

(a) Legal Representation. All parties must appear through counsel licensed by the Oklahoma Supreme Court and in good standing with the Oklahoma Bar Association. Counsel not licensed by the Oklahoma Supreme Court who has complied with the requirements of Article II, Section 5 of the Oklahoma Bar Association Rules may appear on behalf of a party with leave of the administrative law judge.

(b) Entry of Appearance. Attorneys who appear on behalf of a party shall notify the Office of Administrative Hearings of their appearance by filing an entry of appearance.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-5 Pleadings

(a) Filings. All filings shall be made with the Office of Administrative Hearings. Staff with the Office of Administrative Hearings will be responsible for placing a date-stamp on any pleadings filed by a party.

(b) Initiating a Proceeding. Proceedings may be initiated before the Office of Administrative Hearings by the Oklahoma Attorney General's Office by filing with the Office of Administrative Hearings a Petition or other instrument that seeks any relief authorized by law. Each Petition shall name the Respondent and include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to the particular sections of the statutes and rules involved, a short and plain statement of the matters asserted giving a right to relief, the relief requested, and, unless provided in a separate written Notice of Hearing, the time, place and nature of the hearing. If the Office of the Attorney General is unable to give a short and plain statement of the matters asserted at the time the notice is served, the initial notice may be limited to a statement of the issues involved.

(c) Motions, Applications, and Briefs. When filing motions and/or briefs in a proceeding, the following provisions apply:

(1) Margins and page length. All written submissions shall be typewritten in clear type not less than 12-point, with single-spaced lines of quoted matter and double-spaced lines of unquoted matter. The margins of the printed page shall be one and one-quarter (1 1/4) inches on the left side and one (1) inch on the other three sides.

(2) Accompanied by proposed order. Motions and applications are to be accompanied by a proposed order.

(3) Length. All motions, applications and responses thereto, including briefs, shall not exceed twenty (20) pages in length, excluding exhibits, without prior permission of the assigned administrative law judge. A request for enlargement of page length may accompany the written instrument filed. Reply briefs shall be limited to five (5) pages in length. Page limitations herein exclude only the cover, if used, index, appendix, signature line and accompanying information identifying attorneys and parties, and certificate of service. No further briefs shall be filed without prior permission of the assigned administrative law judge. Exceptions to this requirement are not favored. This limitation on page limits does not apply to initial filings.

(4) When responses are due. Unless otherwise ordered by the assigned administrative law judge, objections to motions or responses to written submissions are due within fifteen (15) days of receipt. Replies to objections or to responses to written submissions are due within ten (10) days of receipt. Exceptions to this requirement may be granted upon application and for good cause shown.

(5) Hearings upon motions or applications. The assigned administrative law judge shall decide any motion or application without hearing based upon the written submissions of the parties unless the assigned administrative law judge determines that an evidentiary hearing is necessary for a proper resolution of the issue(s) submitted.

(6) Disposition of unopposed motions. Dispositive motions that are unopposed may be deemed to be confessed and, where appropriate, may result in the summary disposition of a claim or defense as applicable.

(7) Motions filed close to hearing. Motions may not be filed within ten (10) days of the hearing unless based upon a sudden emergency of facts that could not have been previously known. Copies of such motions must be hand-delivered to all parties of record.

(8) Motions will not stay discovery. Motions to Dismiss or for Summary Disposition will not stay any discovery deadline unless by a written agreement of the parties that has been communicated to the assigned administrative law judge.

(9) Citations of authority. Legal citations are to be made in accordance with Rule 1.200 the Oklahoma Supreme Court Rules. If an unpublished case or a case cited by a special reporter is cited as persuasive authority a copy must be attached to the document citing the case.

(d) Service of pleadings. Service of pleadings shall comply with the provisions of the Oklahoma Pleading Code.

(1) Service of Initial Pleading. Any instruments initiating an administrative proceeding must be served on every named Respondent by either personal service, certified mail, return receipt requested, restricted delivery, or issuing a report by hand-delivery. If service is being sent by certified mail, return receipt requested, and the intended Respondent refuses to sign the return receipt or otherwise does not sign or is unavailable to sign and accept service through the certified mail at the address identified on records from the Office of the Attorney General, then Respondent is deemed to have been served. If service is by personal service, the person serving the instrument initiating an administrative proceeding shall file proof of service with the Hearing Clerk within seven (7) days of service or before the date of the first hearing, whichever is sooner. Acknowledgment in writing by the Respondent, or their legal counsel, or by appearing at the hearing without objection to service is equivalent to service.

(2) Service of Other Papers and Documents. Service of all other documents and papers connected with a proceeding shall be served on the parties or their counsel by delivering a copy or mailing a copy by first class mail, postage prepaid.

(3) Service of Responsive Pleadings. Any party served with a petition, an application for an administrative fine, an administrative order or other instrument providing notice of a claim or defense to a claim initiating a proceeding before the Attorney General shall file a written response or answer within twenty (20) days of receipt of the petition, application, order or other instrument initiating a proceeding. The response or answer must be filed with the Hearing Clerk of the Office of Administrative Hearings and a copy must be delivered or mailed to all other parties by 5:00 p.m., on the 20th day. Delivery to other parties must be made in person, by process server, or may be sent by certified mail, return receipt requested, or restricted delivery. Every defense, in law or fact, to a claim for relief in any petition, application or administrative order initiating an administrative proceeding shall be asserted in the responsive pleading.

(e) Signature block. All pleadings shall be signed and include the signature block for the counsel submitting the pleading. The signature block shall include the name of the attorney, bar number, firm name (if applicable), address, telephone number, and email address for all attorneys of record.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-6 Discovery

(a) Discovery Code. The Attorney General hereby adopts the Oklahoma Discovery Code, 12 O.S. §§ 3224-3237, to govern discovery under the Act.

(b) Record. Unless ordered by the Administrative Law Judge, discovery shall not be filed in the record.

(c) Timing. Discovery shall be open for a minimum of ninety (90) days. Unless good cause is shown or by agreement of the parties, no discovery shall not exceed one hundred eighty (180) days.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-7 Subpoenas

(a) Issuance. The Attorney General hereby adopts the Oklahoma Pleading Code, 12 O.S. § 2001-2100, to govern subpoenas under the Act. All parties shall have the authority to issue subpoenas under the Oklahoma Pleading Code.

(b) Failure to obey. The party issuing the subpoena may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the assigned administrative law judge may, in their discretion at any time, continue the proceedings as necessary to secure a court ruling.

(c) Motions to quash. Motions to quash subpoenas may be filed with the Office of Administrative Hearings and may be decided by the assigned administrative law judge. The assigned administrative law judge shall not quash a subpoena if any party objects.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-8 Evidence

The Attorney General hereby adopts the Oklahoma Evidence Code, 12 O.S. §§ 2101-2611.2, to govern proceedings under the Act.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-9 Protective Orders

(a) Automatic Protective Order. At the time that a matter has been filed with the Office of Administrative Hearings all personal health information of any party or witness that comes into the possession of a party to pending matter is subject to an automatic protective order. The automatic protective order generally limits any party in possession of such information from publishing the information to any third party without first making application to the assigned administrative law judge supported by good cause. Third parties shall not include any person employed or affiliated with an attorney or their office who is representing a party to the proceeding. Third parties also do not include consultants or expert witnesses retained by an attorney or their office.

(b) General Protective Orders. Unless provided in subsection (a) of this subchapter of rules, all other protective orders shall be governed by the Oklahoma Discovery Code, 12 O.S. §§ 3224-3237, and 51 O.S. § 24A.29. It is the responsibility of the attorney to ensure all consultants and/or expert witnesses comply with the provisions of the rules governing automatic protective orders.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-10 Motion for Summary Disposition

Following the close of discovery, a party may file a motion for summary disposition on any or all issues on the ground that there is no genuine dispute as to any material fact. The procedures for such a motion are as follows:

(1) The motion for summary disposition shall be accompanied by a concise written statement of the material facts as to which the movant contends no genuine issue exists and a statement of argument and authority demonstrating that summary disposition of any or all issues should be granted. The moving party shall verify the facts to which such party contends no genuine controversy exists with affidavits and evidentiary material attached to the statement of material facts.

(2) If the case has been set for a hearing on the merits, a motion for summary disposition shall be served at least twenty (20) days before the hearing date unless an applicable scheduling order issued by the administrative law judge establishes an earlier deadline. The motion shall be served on all parties and filed with the Office of Administrative Hearings.

(3) Any party opposing summary disposition of issues shall file with the administrative law judge within fifteen (15) days after service of the motion a concise written statement of the material facts as to which a genuine issue exists and the reasons for denying the motion. The adverse party shall attach to the statement evidentiary material justifying the opposition to the motion but may incorporate by reference material attached to the papers of the moving party. All material facts set forth in the statement of the movant that is supported by acceptable evidentiary material shall be deemed admitted for the purpose of summary disposition unless specifically controverted by the statement of the adverse party which is supported by acceptable evidentiary material.

(4) The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein and shall set forth matters that would be admissible in evidence at a hearing. A party challenging the admissibility of any evidentiary material submitted by another party may raise the issue expressly by written objection or motion to strike such material.

(5) If a party has requested a hearing, the administrative law judge will issue a notice to the parties scheduling the motion for a hearing limited to oral argument. If the party has not requested a hearing, the administrative law judge will rule on the motion based on the submission of the parties, including the motion, opposition to the motion, and attachments thereto.

(6) If the administrative law judge finds that there is no substantial controversy as to the material facts and that one of the parties is entitled to a decision in its favor as a matter of law, the administrative law judge will grant summary disposition by issuing Findings of Fact, Conclusions of Law, and Recommendations. Such Findings of Fact, Conclusions of Law, and Recommendations are subject to review by the Attorney General under OAC 75:45-2-16. If a motion for summary disposition is denied, the administrative law judge will issue an order denying such motion. The Attorney General is not required to review a denial of a motion for summary disposition.

(7) If the administrative law judge finds that there is no substantial controversy as to certain facts or issues, the administrative law judge may grant partial summary disposition by issuing an order within twenty (20) business days of the hearing that specifies the facts or issues that are not in controversy and directing that the action proceed for a determination of the remaining facts or issues. If a hearing of factual issues is required, evidentiary rulings in the context of the summary procedure shall be treated as rulings in limine. Any ruling on partial summary disposition shall be incorporated into the Findings of Fact, Conclusions of Law, and Recommendations issued at the conclusion of the proceedings before the administrative law judge. Such Findings of Fact, Conclusions of Law, and Recommendations are subject to review by the Attorney General under OAC 75:45-216.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-11 Hearings

(a) Conflict between APA and Rules. Unless in conflict with the Administrative Procedures Act ("APA"), the order of procedure in all proceedings shall be governed by this Chapter. In the event of a conflict between the APA and this Chapter, the APA controls. To the extent that this Chapter is more specific than the APA, the Attorney General intends for the rules in this Chapter to control.

(b) Notice of Hearings. The Attorney General, the Chief Administrative Law Judge, or the assigned administrative law judge, shall schedule the date, time, and place of any hearing in accordance with these rules. The Hearing Clerk shall notify the parties. The initial hearing shall be scheduled at least thirty (30) days after the date of service of the initial filing. If a specific law requires a hearing in fewer days, that statute shall be followed.

(c) Hearing Proceedings. At the hearing, each party may make a brief opening statement; present witnesses, documents, and exhibits on its behalf; and cross-examine adverse witnesses. The right to make a closing statement or argument shall be at the discretion of the assigned administrative law judge. At the discretion of the assigned administrative law judge, any party may reopen the case in chief, even after the adverse party has rested. Parties may stipulate to any lawful matter.

(d) Recording. All pre-hearing proceedings and hearings shall be electronically recorded as required by section 309 of the Administrative Procedures Act.

(e) Court reporter. Upon written request to the Office of Administrative Hearings, a hearing will be electronically recorded and transcribed by a certified court reporter. The requesting party must make necessary arrangements with the Office of Administrative Hearings, bear the cost of the reporter's attendance, and bear the cost of the transcription of the proceeding. The requesting party shall furnish the administrative law judge an original and all counsel of record in a case a copy of the transcript.

(f) Testimony under oath. The testimony of witnesses shall be under oath or affirmation, and the making of false statements may subject a witness to the penalties of perjury.

(g) Standards of proof. The standard of proof in all proceedings affecting or prejudicing a license, registration, permit, certification, or other authorization to engage in a given livelihood or occupation shall be clear and convincing evidence. In all other matters the standard of proof shall be a preponderance of the evidence.

(h) Rulings. The assigned administrative law judge shall rule on the admissibility of evidence and objections to evidence, and on motions or objections raised during hearings. All objections shall be made promptly or be deemed waived. Parties shall be deemed to have taken exception to any adverse ruling.

(i) Fees. The ordinary fees and costs of a hearing may be assessed by an administrative law judge against the respondent unless the respondent is the prevailing party. No fees shall be assessed against the Attorney General or Office of the Attorney General.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-12 Pre-hearing Procedure

(a) Purpose. All matters pending before the Office of Administrative Hearings are subject to pre-hearing procedures determined by the assigned administrative law judge to be appropriate for a prompt and efficient resolution to matter. At least one pre-hearing conference will routinely be ordered unless the assigned administrative law judge determines the same to be unnecessary.

(b) Pre-hearing Conference Procedure.

(1) The pre-hearing conference shall be used to resolve any dispute or matter the resolution of which would promote the orderly and prompt conduct of the pre-hearing process or a hearing on the merits. The assigned administrative law judge may hold more than one prehearing conference, convert a pre-hearing conference into a scheduling conference, or hold a final pre-hearing conference to formulate the plan to streamline the hearing on the merits. The conference shall be informal, structured by the assigned administrative law judge and not open to the public. No witnesses shall appear or present evidence.

(2) The assigned administrative law judge shall notify the parties of the date, time, and place of any pre-hearing conference at least ten (10) days before the scheduled date. A pre-hearing conference may be held by electronic or virtual means.

(3) If a record is requested by the parties, the conference may be recorded by audio tape and/or transcribed by a court reporter at the requesting party's expense.

(4) If a final pre-hearing conference is ordered, the attorneys and/or any unrepresented parties shall confer prior to the final pre-hearing conference and prepare a single suggested Pre-hearing Conference Order for use during the conference and the hearing on the merits. Any party unable to secure the cooperation of another party may submit their own proposed Pre-hearing Conference Order and, if the other party's cooperation is shown to be without cause, request that the other party's Proposed Pre-hearing Conference Order be stricken. A Pre-hearing Conference Order must follow substantially the form provided in Rule 5 of the Rules for District Court, 12, O.S., Ch.2, App.

(5) The administrative law judge shall issue an order within ten (10) business days of a pre-hearing conference. Such order, when entered, controls the subsequent course of the proceeding, unless modified by the administrative law judge.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-13 Continuances

Each party is entitled to a single continuance of the hearing on the merits upon request submitted at least three (3) days in advance of the hearing unless exigent circumstances make such notice impractical. Additional continuances may be granted only upon good cause. Motions for a continuance based upon cause shall be in writing and filed with the Office of Administrative Hearings with a copy to the parties and the assigned administrative law judge. A motion for a continuance shall state the reason(s) for the request and specify the length of time requested.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-14 Default

Any Respondent who fails to appear as directed, after service of the instrument initiating an administrative proceeding as provided by these rules, may be determined to have waived the right to appear and present a defense to the allegations contained in the instrument that initiates a proceeding. A default judgment order in such proceeding may be issued by the assigned administrative law judge and reviewed by the Attorney General under OAC 75:45-2-16, granting by default the relief prayed for in the petition.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-15 Sanctions for Noncompliance

The assigned administrative law judge may take any action allowed by law against any party as a sanction for any non-compliance with the rules in this chapter, including, but not limited to, imposition of costs and fees, including attorney's fees, monetary sanctions not to exceed $10,000, and/or by granting default.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-16 Findings, Conclusions, and Recommendations

(a) The Attorney General. The Attorney General shall be the ultimate authority in approving all final orders, conclusions, and recommendations of an administrative law judge.

(b) Issuance. After the record in an administrative proceeding is closed and submitted, the administrative law judge shall issue Findings, Conclusions, and Recommendations to the Attorney General for final consideration. The Findings, Conclusions, and Recommendations will include a statement of facts, the issues and contentions, conclusions based on the findings of fact and applicable law, and recommendations by the administrative law judge to the Attorney General who can make a binding recommendation to the Insurance Commissioner, if applicable. The parties to the proceeding will be mailed copies of the administrative law judge's Findings, Conclusions, and Recommendations. The assigned administrative law judge may take the cause of action under advisement and shall issue an order within twenty (20) business days.

(c) No appeal. No appeal may be based upon the Findings, Conclusions, and Recommendations issued by the administrative law judge until a final review and decision has been made by the Attorney General.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-17 Motion for Rehearing, Reopening, or Reconsideration

Motions for rehearing, reopening, or reconsideration shall comply with section 317 of the Administrative Procedures Act and must be submitted in writing. Oral motions for rehearing, reopening, or reconsideration will not be heard.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-18 Appeal Venue

Appeals shall be taken pursuant to section 318 of the Administrative Procedures Act in the District Court of Oklahoma County.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-19 Settlement Agreements and Consent Orders

Unless precluded by law, a proceeding may be resolved by a settlement or consent order. A settlement or consent order shall be approved by the Attorney General. Consent orders shall first be approved by the assigned administrative law judge prior to obtaining the approval of the Attorney General.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-20 Record

(a) Records maintained. The record of a proceeding and the file containing the notices and the pleadings will be maintained in a location designated by the Office of Administrative Hearings. All pleadings, motions, orders and other papers submitted for filing in such a proceeding shall be date/file-stamped by the Office of Administrative Hearings upon receipt. The burden of showing substantial prejudice by any failure to correctly file-stamp any submission shall be upon the party asserting the same.

(b) Designation on appeal. On appeal, the parties may designate and counter-designate portions of the record pursuant to the Administrative Procedures Act.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-2-21 Access to Hearing Records Pursuant to the Open Records Act

(a) Official records. For purposes of this section, "official records" means any record that was created as a result of a public hearing by the Office of Administrative Hearings.

(b) Access to official records. Requestors may request records pertaining pharmacy benefit management compliance and enforcement in writing to the Office of the Attorney General, either electronically or by mail.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Subchapter 3 Pharmacy Benefit Managers

Okla. Admin. Code § 75:45-3-1 Purpose

This subchapter sets forth definitions and procedures for Pharmacy Benefit Managers as governed by the Attorney General.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-2 Definitions

The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Patient's Right to Pharmacy Choice Act.

"Pharmacy benefits management" means the administration and/or management of prescription drug benefits provided by a covered entity under the terms and conditions of the contract between the pharmacy benefits manager and the covered entity.

"Pharmacy benefits manager" or "PBM " means a person who performs pharmacy benefits management activities and any other person acting for such person under a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity.

"Workers Compensation Pharmacy Benefits Manager" or "WCPBM" means a pharmacy benefit manager providing managed pharmacy care to workers' compensation claimants.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-3 Power and Authority To Examine and Investigate

(a) Power and Authority of the Attorney General. The Attorney General shall have the power and authority under 36 O.S. § 6965 to examine and investigate the affairs of every pharmacy benefits manager (PBM) engaged in pharmacy benefits management in this state in order to determine whether such entity is in compliance with 59 O.S §§ 357-360 and 36 O.S. §§ 6958-6968.

(b) Timing of the Attorney General to Examine a PBM. The Attorney General may examine the PBM at any time under 36 O.S. § 6965 in which the Attorney General believes it reasonably necessary to ensure compliance with 59 O.S §§ 356360 and 36 O.S. §§ 6958-6968 or provisions of this subchapter.

(c) Examination of PBM Files and Records. All PBM files and records shall be subject to examination by the Attorney General or by duly appointed designees. The Attorney General, or any authorized employees and examiners, shall have access to any of a PBM's files and records that may relate to a particular complaint under investigation or to an inquiry or examination by the Attorney General.

(d) Duty to Respond to an Inquiry. Every officer, director, employee or agent of the PBM, upon receipt of any inquiry from the Attorney General, shall, within twenty (20) days from the date the inquiry is sent, furnish the Attorney General with an adequate response to an inquiry from the Attorney General's Office.

(e) Subject Matter Experts and Investigative Costs. When making an examination under 36 O.S. § 6965, the Attorney General may retain subject matter experts, attorneys, appraisers, independent actuaries, independent certified public accountants or an accounting firm or individual holding a permit to practice public accounting, certified financial examiners or other professionals and specialists as examiners, the cost of which shall be borne by the PBM that is the subject of the examination. Nothing requires that a formal action be filed against the PBM to recover costs associated with an examination under 36 O.S. § 6965.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-4 Contractual Requirements

(a) Maximum Allowable Cost.

(1) Contracts. Contracts between a PBM and a provider shall conform to the following requirements:

(A) Identify sources of information utilized by the PBM to create and modify the PBM's maximum allowable cost price specific to the pharmacy;

(B) The PBM shall provide an electronic process, including but not limited to e-mail, for its pharmacy providers to readily access the MAC list specific to that provider. Upon a provider's written request, a PBM shall furnish its MAC list to the provider in paper form or other agreed format;

(C) If a provider is unable to obtain a drug from a regional or national wholesaler at a price equal to or less than the PBM's multisource drug product reimbursement, the PBM shall provide a reasonable appeals procedure to contest the multisource drug product reimbursement amount; under this section, a "reasonable appeals procedure" means a process which permits a provider or a provider's representative to contest a multisource drug product reimbursement amount based on the provider's contention that the drug is not generally available for purchase by Oklahoma pharmacies in the state at or below the PBM's multisource drug product reimbursement;

(D) A provider's appeal shall contain information including but not limited to the date of claim, National Drug Code number, and the identity of the national or regional wholesalers from which the drug was found to be unavailable for purchase by the provider, at or below the PBM's multisource drug product reimbursement;

(E) Appeals filed under this subsection shall be presented to the PBM within ten (10) business days following the final adjusted payment date. The PBM must respond to a provider within ten (10) business days following the receipt by the PBM of the notice that the provider is contesting the multisource drug product reimbursement amount;

(F) If a provider's appeal is denied, the PBM shall provide the reason for the denial, including the National Drug Code number and the identity of the national or regional wholesalers from whom the drug was generally available for purchase by providers in the state at or below the PBM's multisource drug product reimbursement;

(G) If a provider's appeal is found to be justified, the PBM shall make a change in the multisource drug product reimbursement amount, permit the provider to reverse and re-bill the claim in question, and make the multisource drug product reimbursement amount change applicable prospectively for all similarly contracted Oklahoma providers.

(2) Submitting an Appeal. A PBM shall permit the submission of either paper or electronic documentation to perfect an appeal. A PBM shall not require the submission of appeals on an individual claim (non-batch) basis or refuse to accept appeals from a provider's designated representative or require procedures that have the effect of obstructing or delaying the appeal process. All multisource drug product reimbursement appeals shall be properly documented.

(3) Required Certificate from PBM. Before beginning business, and as contracts are amended thereafter, each PBM shall submit to the Office of the Attorney General a certificate signed by an executive officer of the PBM attesting that the Oklahoma provider contracts utilized by such PBM satisfy the requirements of the act.

(b) Relationship of PBM. The relationship between a PBM and an insurer or other payor is controlled by contract whereby the PBM acts on behalf of the payor to facilitate the delivery of prescription medication benefits provided by such payor. Requirements and limitations contained within the act and applicable to such payors must be understood within this payor-contractor relationship.

(c) Interaction Between PBM and Retail Pharmacy Network Providers. The act requires or limits certain conduct in the interaction between the PBM and retail pharmacy network providers. Consequently, the Attorney General's Office hereby requires that every insurer utilizing the services of a pharmacy benefit manager shall be responsible, as follows:

(1) for approving all contractual documents utilized by its contracted PBMs and its retail pharmacy network to ensure compliance with the act;

(2) for conducting an annual audit of transactions and practices utilized by its contracted PBMs and members of its retail pharmacy network to ensure compliance with the act; and

(3) any exceptions found shall be reported to the Attorney General's Office pursuant to the Attorney General's examination authority.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-5 Retail Pharmacy Network Access - Audi

(a) Authority. The Attorney General shall review and approve retail pharmacy network access for all pharmacy benefits managers (PBMs) to ensure compliance with 36 O.S. § 6961.

(b) Standards.

(1) 36 O.S. § 6960 defines a member of a "retail pharmacy network" as meaning retail pharmacy providers contracted with a PBM on behalf of a payor in which the pharmacy primarily fills and sells prescription medicine via retail storefront location.

(2) Pursuant to 36 O.S. § 6961(B), mail-order pharmacies shall not be used to meet access standards for retail pharmacy networks.

(3) Pursuant to 36 O.S. § 6961(C), PBMs shall not require patients to use pharmacies that are directly or indirectly owned by a PBM, including all regular prescriptions, refills, or specialty drugs regardless of the day supply.

(4) Pursuant to 36 O.S. § 6961(D), PBMs shall not in any manner on any material, including but not limited to mail and ID cards, include the name of any pharmacy, hospital, or other providers unless it specifically lists all pharmacies, hospitals, and providers.

(c) Required Monitoring by PBM. A PBM's retail pharmacy network access shall be monitored for compliance with this act by those insurers that utilize the services of such PBM. Health insurers are required to maintain retail pharmacy network access in conformity with the requirements set forth in 36 O.S. § 6961.

(d) Required Annual Audit by PBM. Every PBM shall conduct a network adequacy audit on an annual basis. If the audit reveals the percentage of covered individuals is less than one hundred and five percent (105%) above any of the required percentages in 36 O.S. § 6961, the PBM shall conduct semi-annual network adequacy audits until such time that an audit indicates that the percentage of covered individuals is more than five percent 5% above the required percentage. A PBM shall submit all audit reports on network adequacy, including any semi-annual network adequacy audits, to the Attorney General.

(e) Timing to Submit Audit Findings and Reports. The audits must be completed within ninety (90) days of the effective date of 36 O.S. § 6958-6968 and annually each year thereafter. The results of any audits shall be reported to the Attorney General within thirty (30) days of the completion of the audit. All mailed documents must be directed to the attention of the "PBM Enforcement and Compliance Unit." The PBM Enforcement and Compliance Unit may issue further guidance to PBMs on the process for submitting required reports to the Attorney General's Office.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-6 Penalties for Enforcement, Noncompliance, and Recovery of Costs

(a) Recommendations to the Insurance Commissioner by the Attorney General. After notice and opportunity for hearing before an administrative law judge, and upon an order of the administrative law judge that has been approved by the Attorney General that a PBM has violated any of the provisions of 36 O.S. §§ 6958-6968 of the Oklahoma Statutes or the administrative rules set out in Title 75 of the Oklahoma Administrative Code, the Attorney General may make a recommendation to the Insurance Commissioner that a PBM's license be suspended or revoked and/or that fines, of not less than One Hundred Dollars ($100.00) and no greater than Ten Thousand Dollars ($10,000.00), for each count, be levied against any PBM that has violated the provisions of 36 O.S. §§ 6958-6971. The Insurance Commissioner shall accept and adopt any recommendation of the Attorney General pursuant to 36 O.S. § 6966.1.

(b) Final Order of the Attorney General. In addition to the remedies in subsection (a), and after notice and opportunity for hearing before an administrative law judge, a PBM may be subject to a civil fine of not less than One Hundred Dollars ($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for each violation of the provisions of the Patient's Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or the provisions of Sections 357 through 360 of Title 59 of the Oklahoma Statues. Any order issued under this subsection shall be approved by the Attorney General.

(c) Closer Supervision Related to a General Business Practice. If the Attorney General determines, based upon an investigation of complaints, that a PBM has engaged in violations of the provisions of the Patient's Right to Pharmacy Choice Act with such frequency as to indicate a general business practice, and that the PBM should be subjected to closer supervision with respect to those practices, the Attorney General may require the PBM to file a report at any periodic interval the Attorney General deems necessary.

(d) Failure to Respond to an Inquiry. Failure to respond timely to an inquiry from the Attorney General's Office shall be grounds for sanctions pursuant to this section, including, but not limited to, fines of at least One Hundred Dollars ($100) and shall not exceed Ten Thousand Dollars ($10,000), for each violation, and/or a binding recommendation from the Attorney General to the Insurance Commissioner that a PBM's license be censured, suspended, or revoked. The payment of expenses incurred by the Attorney General's Office for any legal fees and costs including, but not limited to, staff time, salary and travel expenses, witness fees, and attorney fees, may be levied as part of any non-compliance with this section.

(e) Penalty for Failure to Timely Submit Audit or Report Findings. Failure to respond timely to the deadline to file an audit or examination report shall be considered a violation of OAC: 75:45-3-4 and/or 36 O.S. § 6962. Unless an agreement by a PBM and the Attorney General has been entered into regarding the timing to submit an audit or examination report, a PBM shall be subjected to an administrative fine of at least five hundred dollars ($500) per day for each day the PBM fails to comply with the reporting requirements.

(f) Restitution and Cost Recovery. Restitution may be levied as part of any disciplinary action against a PBM to be paid to the provider or patient involved. In addition to restitution, the cost of recovery related to the disciplinary action may be levied against a PBM for expenses incurred by the Attorney General's Office for any legal fees and costs including, but not limited to, staff time, salary, and travel expense, witness fees, and attorney fees.

(g) Investigative Costs. When making an examination under 36 O.S. § 6965, the Attorney General may retain subject matter experts, attorneys, appraisers, independent actuaries, independent certified public accountants or an accounting firm or individual holding a permit to practice public accounting, certified financial examiners or other professionals and specialists as examiners, the cost of which shall be borne by the PBM that is the subject of the examination. Nothing requires that a formal action be filed against the PBM to recover costs associated with an examination under 36 O.S. § 6965.

(h) Enforcement. The payment of any penalty issued pursuant to these rules may be enforced in the same manner as civil judgments may be enforced.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Okla. Admin. Code § 75:45-3-7 Reports on Rebates and Costs

(a) PBMs shall report rebate and cost-related data to the Attorney General as required under section 6692(D)(5) of title 36 of the Oklahoma Statutes on a quarterly basis.

(b) The required reports shall be submitted using the template provided on the Office of the Attorney General's website and sent to the email address provided on the website.

(c) Required reports shall be submitted no later than the first day of the month three months following the end of the quarter for which the PBM or WCPBM is reporting.

(d) WCPBMs shall report the same data to the Attorney General on an annual basis instead of a quarterly basis no later than July 1 of each year.

History

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024

Chapter 50 Opioid Settlement Payments and Abatement Grants

Subchapter 1 General Provisions

Okla. Admin. Code § 75:50-1-1 Purpose

This chapter sets forth rules, including standards and criteria, for, and operations and distributions of, the Opioid Abatement Board created by the Political Subdivisions Opioid Abatement Grants Act (74 O.S. §§ 30.3-30.8).

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-1-2 Definitions

The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Political Subdivisions Opioid Abatement Grants Act, codified at 74 O.S. §§ 30.3-30.8.

"Applicant" means any eligible participant that has submitted an application for an opioid grant award to the Board.

"Application" means the Opioid Abatement Grant Application approved by the Board.

"Approved Purpose" or "Approved Purposes" means the same as 74 O.S. § 30.5(1) and uses of funds that are reasonable and necessary for the proper and efficient performance and administration of the grant project, and allocable to the grant project.

"Board" means the Oklahoma Opioid Abatement Board established by 74 O.S. § 30.7.

"Contract" means the agreement between the Board and a Recipient setting forth responsibilities of Recipients regarding the use of opioid grant award funds.

"Eligible participant" means the same as 74 O.S. § 30.5(3).

"Form" means Opioid Abatement Grant Award Quarterly Reporting Form approved by the Board.

"Nonapproved purpose" or "Nonapproved purposes" means the same as 74 O.S. § 30.5(4).

"Opioid funds" means the same as 74 O.S. § 30.5(5).

"Opioid grant awards" means the same as 74 O.S. § 30.5(6).

"Political subdivision" means the same as 74 O.S. § 30.5(9).

"Recipient" means any eligible participant that has applied for and received an opioid grant award.

"Revolving Fund" means the Oklahoma Opioid Abatement Revolving Fund established under 74 O.S. § 30.6.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Subchapter 2 Opioid Settlement Payments

Okla. Admin. Code § 75:50-2-1 Distributors and retailers and Allergan settlement payment disbursement process for non-litigating political subdivisions

(a) This section shall only apply to non-litigating political subdivisions that elected to participate in the opioid distributors and retailers & Allergan settlements and submitted a participation form waiving any future claims against the named defendants, Allergan, AmerisourceBergen, Cardinal Health, CVS, McKesson Corp., Walgreens, and Walmart.

(b) The Board shall conduct disbursement of opioid grant awards from the Revolving Fund.

(1) the number of people per capita suffering from opioid use disorder in the participating political subdivision, or in the absence of such information, the opioid prescription rate in the political subdivision compared to the national average opioid prescription rate;

(2) the number of opioid overdose deaths in the participating political subdivision;

(3) the amount of opioids distributed within the participating political subdivision; and

(4) the amount of attorney fees and allowable expenses associated with legal services agreements directly related to opioid litigation incurred as part of legal services agreements entered into before May 21, 2020.

(d) Disbursements from the Revolving Fund shall be computed using the table set forth in Appendix A to these rules, factoring in the above criteria, to compute the final grant award amounts for applicants. To the extent that any of the criteria are allocated by another manner or process, Appendix A is deemed satisfactory for determining the weight of each criterion.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Subchapter 3 Opioid Abatement Grants

Okla. Admin. Code § 75:50-3-1 Opioid grant application process

(a) The Board shall provide the Application on the Office of the Attorney General's website. The Attorney General may, acting on behalf of the board, digitize the entire application process.

(b) Applications will be reviewed by the Board, which will allocate funds consistent with the requirements under the Act and subchapter 2, section 1, subsection c of this chapter.

(c) The Board may delegate review of completed applications to the Office of the Attorney General and to whomever it finds qualified, capable, and possessing necessary capacity.

(d) Applicants shall sign and return to their completed applications to the Office of the Attorney General via mail or by electronic means as determined by the Office of the Attorney General.

(e) Public trusts shall submit the most recent copy of their declaration of trust or trust indenture with their application.

(f) Applicants must submit data correlating to any criteria requested by the Board, including the criteria set forth subchapter 2, section 1, subsection c.

(g) Grant applicants must apply for a grant award using the procedures, forms, and certifications prescribed by the Board. Any incomplete applications or applications lacking in sufficient detail may be returned to the applicant for completion, corrections, or supplementation. In the event an application remains incomplete or lacking in sufficient detail, the Attorney General may deny the application on the Board's behalf. The applicant submitting the denied application may then appeal the decision to the Board pursuant to section 5 of this subchapter.

(h) Each grant applicant must designate an authorized official and must submit to the Board or its designee, the following:

(1) a resolution from the grant applicant's governing body that, at a minimum, designates an authorized official to act on the grant applicant's behalf and authorizes the authorized official to submit a grant application;

(2) the authorized official's title, mailing address, telephone number, and email address; and

(3) the grant applicant's physical address.

(i) A grant applicant or grant recipient must notify the director as soon as practicable of any change in the information provided under subsection (a) of this section. If there is a change of authorized official, a grant applicant or grant recipient must also submit to the director a new resolution from the grant applicant's governing body that, at a minimum, designates an authorized official to act on the grant applicant's behalf.

(j) Multiple (two or more) applicants may submit a joint application reflecting a collaborative and coordinated effort or project and will be eligible for a joint grant award as described in section 3, subsection f of this subchapter and Appendix F.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-2 Opioid grant award restrictions and requirements

(a) Upon submitting an application, an applicant must also submit a memorialized plan for the utilization or expenditure of opioid funds. Such plan may be in the form in a resolution or equivalent government action adopted by the political subdivision and submitted to the Board with the application. Documentation evincing such government action may include, but is not limited to, the following:

(1) A resolution, as allowed by law, adopted through a publicly cast and recorded vote;

(2) An ordinance, or its equivalent, that has been approved through a publicly cast and recorded vote; or

(3) An abatement plan or budget that has been approved through a publicly cast and recorded vote.

(b) When submitting an application under section 1 of this subchapter, an applicant may not rely on a resolution or other general delegation of authority to a chief executive officer or equivalent position for seeking grants.

(c) All approved purposes listed in an Applicant's Application and Form shall relate to strategies, programming and services occurred on or after January 1, 2015, to be eligible for opioid grant award funding.

(d) For an Applicant to receive a grant award, the Board may, subject to terms under any settlement agreement related to the opioid pharmaceutical supply chain, require an applicant to execute a release of claims on a form created and approved by the Attorney General. The release form may be included in the Application. The release shall only apply to and release claims against any opioid supply chain participants or consultants for which the State of Oklahoma has joined a multiparty settlement or reached a settlement agreement with, including Purdue Pharmaceuticals, Teva Pharmaceutical Industries Ltd., Endo Pharmaceuticals, AmerisourceBergen, Cardinal Health, McKesson Corp., McKinsey & Company, CVS, Allergan, Walmart, and Walgreens.

(e) To the extent that any recipient remains in litigation, it may elect to delay receipt of any disbursements of its opioid grant award on a form developed by the Office of the Attorney General staff.

(f) A recipient may contract or partner with a nonprofit organization or other applicant for the purpose of using its grant award for approved purposes; however, the grantee shall remain responsible for complying with all grant requirements. Any contract entered into by a grantee shall be done in compliance with applicable purchasing laws and guidelines.

(g) A recipient is not permitted to subgrant its grant award to a subgrantee. For the purposes of this chapter, "subgrant" means the provision of a grant award and whereby all the regulations and requirements that apply to the grantee are passed on to the subgrantee, making the grantee a pass-through entity. "Subgrantee" means any entity receiving the grant award through a subgrant from a grantee.

(h) In the event a recipient merges, dissolves or ceases to exist as described under 74 O.S. § 30.8(C), the recipient must give prompt notice to the Board and the Office of the Attorney General, including the following information:

(1) The amount of any remaining allocations of an awarded opioid grant award in excess of Five Hundred Dollars ($500.00);

(2) The name of the proposed successor recipient, if any;

(3) Point of contact information for the proposed successor recipient, if any; and

(4) Utilize the Political Subdivision Opioid Abatement Grant Award Quarterly Reporting Form to submit a final report of expenditures prior to the merger, dissolution, or permanent closure.

(i) In its discretion, the Board shall determine whether any of the Recipient's remaining allocations shall be made to the proposed successor recipient, or returned to the Board. Any successor recipient shall meet the requirements to be a recipient prior to receiving the balance of the grant award disbursement. In addition, prior to receiving grant funds, the successor recipient must submit documentation requested by the Board and execute any and all documents required by the Board.

(j) All grant funding is contingent upon the availability of funds and upon approval of a grant application by the Board. Neither this subsection nor a grant agreement creates any entitlement or right to grant funds by a grant applicant.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-3 Maximum grant awards

(a) The amount of a grant award is determined solely in the discretion of the Board. The Board is not required to fund a grant in the amount requested by the Applicant. Maximum grant awards are based on an applicant's population or enrollment and will fall into one of three respective tiers, with Tier 1 being for the smallest in population or enrollment and Tier 3 being the largest in population or enrollment.

(b) Applicant counties shall be eligible for grant award amounts as set forth in Appendix B.

(d) Applicant common education school districts shall be eligible for grant award amounts as set forth in Appendix D.

(e) Applicant technology school districts shall be eligible for grant award amounts as set forth in Appendix E.

(f) If two or more applicants submit a joint application as a collaborative effort or project, the joint effort or project(s) shall be eligible for grant award amounts as set forth in Appendix F.

(g) The total population or enrollment for applicants that are public trusts solely benefiting one or more eligible participants shall be eligible based on the subdivision(s) they benefit. If a public trust benefits more than one type of political subdivision, the public trust will be eligible for maximum available funding under the tier appendix for which the majority of its beneficiary-political subdivisions are.

(h) A public trust's population or enrollment will be limited to the population or enrollment of the subdivision(s) that the public trust benefits as set forth in the declaration of trust or trust indenture.

(i) An interlocal cooperative formed under title 70 of the Oklahoma Statutes that is determined to be a local educational agency will be considered a school district, as that term is defined in 51 O.S. § 152.

(j) The Board reserves its discretion to award an amount greater than the proposed maximum available funding amounts in Appendices B-F under the following circumstances:

(1) An applicant demonstrates extraordinary need for opioid abatement funding resources, warranting a reasonable increase; or

(2) sufficient funds remain available for increasing award amounts as may be determined by the Board, subject to the Board's due diligence in evaluating applications.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-4 Application review and disbursement process; allowable costs

(a) Grant applications may be reviewed according to the following process:

(1) initial screening,

(2) peer review, and

(3) Board review and approval. Applications submitted to the Board shall be scored using the scoring rubric in Appendix G.

(b) The Board shall conduct disbursement of opioid grant awards from the Revolving Fund.

(c) In awarding opioid abatement grants, the Board shall determine grant awards based the criteria set forth in subchapter 2, section 1, subsection c of this chapter and any other criteria it deems necessary and appropriate for the proper and wise use of opioid funds. This criteria may be included in the scoring rubric or in the Board-approved application.

(d) Following approval of grant amounts, all recipients shall receive a copy of the Contract, which they must complete and return to the Office of the Attorney General prior to receiving a disbursement of funds. The Contract can be returned by mail or electronic means as determined by the Office.

(e) Recipients shall receive their grant award in the form of equal quarterly distributions.

(f) Applicants may request the first two payments be combined in their application submission to provide start-up funding for their project or abatement plan. The remaining balance of the grant award will disbursed in the same manner set forth in subsection e of this section.

(g) The Board shall set the grant term in a public cast and recorded vote at a properly noticed meeting.

(h) For good cause shown, Recipients in good fiscal and programmatic standing may request the Board to authorize a onetime carryover of up to forty percent (40%) of their grant award distributions following the expiration of the initial grant term. To be considered for a carryover authorization, the Recipient must submit a written request no later than 120 calendar days prior to expiration of the initial grant term, which must include:

(1) a timeline of events beginning on the date of grant award;

(2) a detailed explanation why the grant project is not expected to be completed within the grant term; and

(3) if applicable, supporting documentation demonstrating good cause.

(i) Grant funds may not be used for costs that will be reimbursed by another funding source. The Board may require a grant recipient to demonstrate through accounting records that funds received from another funding source are not used for costs that will be reimbursed by the Board.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-5 Grant award appeals

(a) If an applicant wishes to appeal a grant award decision of the Board, the applicant may submit an appeal in writing to the Board within twenty (20) days of notification of a grant award decision.

(b) Appeals are limited to the following Board decisions:

(1) Denial of funding for projects,

(2) Denial of specific fund use requests, and

(3) Denials of an application.

(d) An applicant will be granted a hearing in front of the Board. The Board may limit the amount of time for argument from both the appealing applicant and the Board staff. The hearing shall be recorded and any oral or written testimony must be given under oath. After the hearing, the Board may amend or affirm their original decision in writing.

(e) The decision of the Board following the hearing will be final and non-reviewable.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-6 Remaining unencumbered balance

Following disbursement, any remaining unencumbered balance in the Revolving Fund shall be available for the Board to award as supplemental grants to eligible Participants, provided such awards shall only be utilized by eligible Participants for Approved Purposes.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Okla. Admin. Code § 75:50-3-7 Grant award quarterly reporting, oversight, and compliance

(a) The grant recipient is responsible for managing the day-to-day operations and activities supported by the grant agreement and is accountable to the Board for the performance of the grant agreement, including the appropriate expenditure of grant award funds and all other obligations of the grant recipient. The grant recipient must maintain a sound financial management system that provides appropriate fiscal controls and accounting procedures to ensure accurate preparation of reports required by the grant agreement and adequate identification of the source and application of grant funds awarded to the grant recipient. Grant recipients must comply with:

(1) the terms and conditions of the grant agreement;

(2) all applicable state or federal statutes, rules, regulations, or guidance applicable to the grant award. A grant recipient is the entity legally and financially responsible for compliance with the grant agreement, and state and federal laws, rules, regulations, and guidance applicable to the grant award.

(b) The Attorney General will, on behalf of the Board, maintain oversight and monitor compliance of expenditures by Recipients to ensure that any use complies with approved purposes as defined under the Act. As a part of the oversight and monitoring, the Attorney General and Board may conduct desktop or on-site reviews. During an on-site review, a grant recipient must provide the Board or Attorney General with access to all records, information, and assets that the Board or Attorney General determines are reasonably relevant to the scope of the on-site review.

(d) The Board shall utilize the Political Subdivision Opioid Abatement Grant Award Quarterly Reporting Form ("Form") to maintain oversight and confirm compliance with the Act. All Recipients must submit quarterly reports using the Form in order to continue receiving or using opioid grant award proceeds. The Form shall be provided on the website of the Oklahoma Office of the Attorney General. Completed quarterly reports shall be returned to the Office of the Attorney General via mail or by electronic means as determined by the Office of the Attorney General. Quarterly reports shall be due on the last day of the month immediately following the conclusion of a quarter. If an opioid grant award is received during a quarter, a recipient is not required to submit a report for the remainder of the initial quarter until the conclusion of the next quarter for which reports for the initial quarter and the first full quarter shall be due.

(e) For the purposes of this chapter, quarters shall run by calendar year. January, February, and March shall be Quarter 1; April, May, and June shall be Quarter 2; July, August, and September shall be Quarter 3; and October, November, and December shall be Quarter 4.

(f) At the Board's discretion and at any time, the Board, may request any additional data and reporting information that the Board deems necessary to substantiate that grant funds are being used for the intended purpose and that the grant recipient has complied with the terms, conditions, and requirements of the grant agreement. Further, at the Board's discretion and at any time, the Board may request any records from or audit the books and records of a grant recipient or conduct an on-site review at a grant recipient's location to verify that the grant recipient has complied with the terms, conditions, and requirements of the grant agreement, and any applicable laws, rules, regulations, or guidance relating to the grant award. If it is determined that a Recipient is using opioid grant award proceeds out of compliance with Board procedures or has utilized such proceeds for non-approved purposes, the Board authorizes the Attorney General to immediately suspend the Recipient's use of the grant award proceeds and notify the Recipient.

(g) The Board may resume disbursements to the non-compliant recipient once it has determined the recipient has adequately remedied the cause of such suspension.

(h) For the purposes of the Act, an adequate remedy may include, but not be limited to the following:

(1) refunding an amount equal to the amount spent on nonapproved purposes or a reduction to future disbursements in the amount equal to the amount spent on nonapproved purposes.

(2) reducing or terminating a grant when the Recipient is found to be noncompliant, the Recipient and Board agree to the reduction or termination of a grant award, when grant funds are no longer available to the Board, or if conditions exist that make it unlikely that objectives of the grant award will be accomplished; or

(3) other remedies available under applicable laws, rules or regulations.

(i) The Board authorizes the Attorney General to negotiate adequate remedies with non-compliant recipients for presentation and approval by the Board.

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Title 335 Oklahoma Human Rights Commission

Chapter 1 Administrative Operations

Okla. Admin. Code § 335:1-1-1 Purpose

The rules of this Chapter describes the Oklahoma Human Rights Commission, its organizational structure, method of operations and purpose. These rules also identify certain documents of the Oklahoma Human Rights Commission that are subject to public inspection upon request and they describe Commission meetings and how to request an appearance before the Commission.

Okla. Admin. Code § 335:1-1-2 Purpose and composition of the Oklahoma Human Rights Commission; policy statements; general public inspection

The Human Rights Commission is the State Agency, created by law, that works to realize official State policy to improve intergroup relations through implementation of the provisions of Title 74, O.S. § 951 et seq. and enforces the Anti-Discrimination Act, Title 25, Oklahoma Statutes § 1101 et seq. The agency consists of a nine (9) person commission which establishes policy, philosophy and goals, creates and approves programs and projects related to elimination of discrimination and improvement in intergroup relations, and conducts hearings on complaints alleging discrimination. The Commission is supported by a full-time professional and administrative staff, which supervised by the Director, executes and administers its programs and projects. All rules, policy statements or interpretive guidelines promulgated by the Oklahoma Human Rights Commission are subject to inspection by the general public upon written request to the Director.

Okla. Admin. Code § 335:1-1-3 Election and term of officers

Officers shall be elected by and from the Commission in June of each year for a term of one year.

(1) They shall take office on the first day in July, following their election, when new terms begin, and shall serve until their successors take office.

(2) No officer shall be permitted to serve in the same office for more than two full terms.

Okla. Admin. Code § 335:1-1-4 Duties of the Commissioners

Commissioners have the following duties in addition to those established by law:

(1) Establish policy and adopt programs and projects designed to implement and expand the State policy against discrimination.

(2) Review and approve annual budget and review quarterly expenditures.

(3) Review and recommend changes in legislation when needed.

(4) Develop and maintain a continuously updated statement of the policies and philosophy of the Commission, annually review the Commission's program and projects in relation thereto and as soon as possible after the election of officers each year, establish programs and new priorities for the following year.

(5) Annually evaluate the work of the Commission and staff.

(6) Serve as an educational arm for the Commission and maintain liaison activities with other state agencies, the legislature and the Governor's office.

(7) Adopt and periodically review the Table of Organization for the Commission and staff, periodically review all job descriptions, job classifications and salaries as submitted by the Director.

(8) To the extent possible, review and approve all public statements of policy before they are issued by the Chairperson, Director or any Commissioner.

Okla. Admin. Code § 335:1-1-5 Officers of the Commission; duties

(a) The officers of the Commission shall consist of a Chairperson as provided in Title 74, Oklahoma Statutes Section 953(a) and a Vice-Chairperson.

(b) The Chairperson shall perform those duties provided by statute and otherwise normally required of such office. The Vice-Chairperson shall perform the duties of the Chairperson in his or her absence or inability, together with such other duties as are assigned from time to time by the Chairperson.

Okla. Admin. Code § 335:1-1-6 Standing committees; responsibilities

Standing committees of the Commission and their duties are:

(1) Budget. The responsibility for review, consideration and final approval of the budget shall at all times remain with the Commission as a whole; provided, however that at the beginning of each fiscal year, one Commissioner should be designated by the Chairperson to have the duty of budget review for that year and to present to the Commission, on a quarterly basis, information sufficient to assist it in its interpretation and understanding of the budget.

(2) Nominating. A nominating committee shall be appointed each year with the duty to present a slate for election of the two officers at the June meeting each year.

(3) Legislation and Legislative Liaison. The Legislation and Legislative Liaison Committee shall have the special responsibility (without relieving the Commission as a whole) of working on and recommending to the Commission, changes in legislation where it is deemed advisable and of working with the appropriate legislators and legislative committees to ensure the favorable consideration of such proposed changes.

(4) Policy Program and Projects Committee. The Policy Program and Projects Committee shall have responsibility for studying and evaluating policy, programs and projects and recommending to the Commission new directions, programs, projects and priorities.

Okla. Admin. Code § 335:1-1-7 Ad hoc committees; adoption of official policies and guidelines

(a) Ad Hoc committees shall be appointed by the Chairperson for special projects and purposes, as it is deemed advisable.

(b) The Commission may adopt official policies clarified, where appropriate, by guidelines. Such guidelines are the Commission's interpretation of substantive law and will be used by the Commission members and staff in determining the validity of a complaint.

Okla. Admin. Code § 335:1-1-8 Commission meetings

(a) The Commission shall meet at least once per month and at such other times as may be set by the Chairman. All meetings of the Commission shall be held at specified times and places which are convenient to the public and shall be open to the public, except as specifically provided.

(b) All Commission meetings are subject to and will be conducted in accordance with the provisions of the Open Meeting Act, 25 O.S. § 301 et seq.

Okla. Admin. Code § 335:1-1-9 Request to appear before the Commission

Persons wishing to appear before the Commission at a meeting provided by Title 74, Oklahoma Statutes § 952, must make a request for an appearance not later than two (2) weeks prior to such meeting. The request must state the matter to be presented, name of person(s) to appear, organization(s) being represented, and the amount of time desired. The Commission will approve and indicate length of time that will be allowed or disapprove the appearance.

Chapter 10 Enforcement of the Anti-Discrimination Act

Okla. Admin. Code § 335:10-1-1 Purpose

The rules in this Chapter have been adopted to establish the processes and procedures for enforcement of the Anti-Discrimination Act, Title 25 O.S. Section 1101 et seq. These rules describe the processes and procedures relative to complaints, hearings, depositions, answers, subpoenas and orders.

Okla. Admin. Code § 335:10-1-2 Jurisdiction

Pursuant to Title 25 O.S. 1981 § 1101 et seq., the Oklahoma Human Rights Commission has jurisdiction over complaints alleging discrimination in employment, public accommodations and housing on the basis of race, color, religion, sex, national origin, age or handicap. In respect to housing, the Oklahoma Human Rights Commission also has jurisdiction over complaints alleging discrimination based on familial status.

History

Amended at 9 Ok Reg 3741, eff 8-27-92

Okla. Admin. Code § 335:10-1-3 Applications for standing to file complaints by nonprofit organizations

Pursuant to Title 25, Oklahoma Statutes § 1502(a), nonprofit organizations chartered for the purpose of combating discrimination may apply to the Commission for standing to file complaints. The Commission will approve or disapprove such applications. Such an application must identify the organization, its purposes, members, past activities in combating discrimination, charter data, and other facts sufficient to enable the Commission to make its decision.

Okla. Admin. Code § 335:10-1-4 Complaints

(a) Complaint form and content. Complaints alleging discriminatory violations of Title 25, Oklahoma Statutes § 1101 et seq., may be filed on the official form, and/or must, at a minimum, contain information sufficient to identify Complainant and Respondent, the alleged act of discrimination and the date it occurred. Complaints filed on the official U.S. Equal Employment Opportunity form and deferred to OERC, per § 706, Title VII, Civil Rights Act of 1964, will be accepted as alleging a violation of Title 25, supra. The Commission staff will insure that all complaints are sworn.

(b) Method and date of filing. Complaints may be filed in person or by mail at the Commission offices or with a member of the Commission or staff. Date of filing will be date of postmarked mailing, or date of delivery to offices or authorized persons.

(c) Notice to respondents. The Respondent will be furnished a copy of the complaint by certified mail or in person by a Commission Representative after a member of the Commission or staff has made a preliminary determination that the alleged act is one prohibited by the Anti-Discrimination Act and the Respondent is subject to the Act.

(d) Complaints not covered under the Act. Complaints alleging discriminatory acts not covered by its Anti-Discrimination Act may not be filed on the official form but may be otherwise brought to the attention of the Commission.

(e) Complaints filed with federal agencies. A complaint initially filed with the U.S. Equal Employment Opportunity Commission or the U.S. Department of Housing and Urban Development shall be considered to have been filed with the Commission on the date the matter was filed with the federal agency.

(f) Complaints deferred by EEOC. When an employment discrimination complaint, originally filed with EEOC, is deferred to the Oklahoma Human Rights Commission under the provisions of § 706, Title VII, CRA 1964, the Director or designee of Director will:

(1) Determine whether current staff resources, workload, and the nature of the complaint can complete the investigation within a reasonable period of time.

(2) If the answer to (1) of this subsection is yes, immediately advise EEOC that the Oklahoma Human Rights Commission will investigate the complaint.

(3) If the answer to (1) of this subsection is no, terminate proceedings and so notify EEOC and the Complainant.

(g) Determination of jurisdiction and decision whether to investigate or terminate proceedings. When a complaint alleging employment discrimination in violation of Title 25, Oklahoma Statutes § 1101 et seq., is originally filed with the Oklahoma Human Rights Commission, the Commission staff will:

(1) Determine immediately whether all jurisdictional requirements have been met.

(2) If jurisdictional requirements have been met, determine whether current staff resources, workload and the nature of the complaint can complete the investigation within a reasonable period of time.

(3) Furnish the appropriate district office of EEOC a copy of the complaint and state whether the Oklahoma Human Rights Commission will investigate or is terminating proceedings. (The decision to not investigate and terminate proceedings will be made only when it appears that EEOC has jurisdiction under Title VII, CRA 1964.)

(h) Grounds for order to dismiss. The Director is authorized, on behalf of the Commission, to issue an order dismissing a complaint for the following reasons:

(1) Satisfactory conciliation or negotiated agreement concluded.

(2) Complaint withdrawal approved by the Director.

(3) No reasonable cause.

(4) No jurisdiction.

(5) Failure of Complainant to respond within thirty (30) days to a notice sent by the Commission to the Complainant's last known address.

(6) Failure of Complainant to cooperate in investigation, conciliation or hearing of the complaint.

(i) Negotiated settlements. At any time and at any stage, the Commission should encourage the parties to negotiate a settlement on terms mutually agreeable. The Director shall have authority to approve any settlement agreeable to both parties.

(j) Confidentiality of settlement negotiations and agreements. Neither the Commission nor the staff shall make public, without the written consent of the Complainant and the Respondent, information of the agreement or efforts to negotiate a pre-hearing settlement.

(k) Grounds for termination of proceedings. When, for reasons not bearing on the merits of a complaint, the Commission is unable to proceed in its processing of the matter, the Commission Director may terminate proceedings without prejudice.

Okla. Admin. Code § 335:10-1-5 Investigation of complaints

(a) Person(s) who may investigate complaints. Complainants, unless referred to a local commission under the provisions of Title 25, Oklahoma Statutes § 1705, will normally be investigated by the Commission staff. Where a complaint is unusually complex, controversial, or deals with issues of great public importance, the Chairperson may assign a member of the Commission to either monitor or conduct the investigation.

(b) Notary public requirement. Commission staff who investigate complaints will be notaries public for purposes of swearing witnesses during the course of investigation.

(c) Access to premises, examination and copying of records and documents. When the Commission needs access to Respondent's premises for examination and copying of records and documents relevant to the complaint, the Respondent shall be given five (5) days advance written notice of such on-site investigations.

(d) Answers to interrogatories. The Director of the Oklahoma Human Rights Commission may require answers by Respondent(s) to interrogatories during the investigation of complaints as authorized by Title 25, Oklahoma Statutes § 1501.

(e) Failure to respond to interrogatories and application to compel. If a party or the officer, partner or agent of the Respondent who is served interrogatories or request for designated documents fails to fully respond, the Commission may apply to the District Court to compel such party, officer, partner or agent of Respondent to answer under procedures established by Title 12, Oklahoma Statutes § 548 and 549.

(f) Fact-finding conference. The Director or his designee may require a fact-finding conference with the parties prior to a determination on a complaint of discrimination. The conference is primarily an investigative forum intended to define the issues that can be resolved and to ascertain whether there is a basis for negotiated settlement of the complaint.

(g) Director's review. Findings of staff or local commissions with respect to complaint investigations must be reviewed by the Director who will indicate concurrence, non-concurrence, or return for additional information; or on behalf of the Commission initiate action leading to dismissal or conduct of a hearing, or termination of proceedings.

(h) Waiver of dually filed complaints to EEOC. The Director may authorize waiver of jurisdiction to EEOC of dually filed complaints that are not successfully settled or conciliated.

(i) Legal representation. At any stage of proceedings, Complainant(s) may be represented by legal counsel at their own expense. Respondent(s) also may be represented by legal counsel at their own expense. At the hearing before the Commission, counsel for the parties may examine and cross-examine witnesses.

Okla. Admin. Code § 335:10-1-6 Hearings, depositions and answers

(a) Notice of hearing. Not less than thirty (30) days prior to a scheduled hearing, Respondent and Complainant shall be mailed, by certified mailing, a summary of the investigator's report or a Bill of Particulars of charges to be heard before the Commission.

(b) Respondent's answer and failure to answer. Within ten (10) days of receipt of the investigator's summary or Bill of Particulars described in (a) of this section, Respondent shall file an answer setting forth his denial or affirmation of each finding of reasonable cause included in the summary or any new material relevant to said findings. Failure to file said answer may result in default judgment being rendered against Respondent.

(c) List of witnesses to parties. Within five (5) days of receipt of the investigator's summary or Bill of Particulars as provided in (a) of this section, there shall be filed with the Commission, by or on behalf of the Respondent and by or on behalf of the Complainant, a list of all witnesses either of said parties may wish to have testify at the hearing. Said list of witnesses shall be furnished by each party to the opposing party within said period of time.

(d) List of witnesses to be deposed. Within five (5) days of receipt of the list of witnesses from opposing party, there shall be filed with the Commission, by or on behalf of the Respondent and by or on behalf of the Complainant, a list of any and all witnesses either of said parties may wish to depose. Said list of witnesses shall be furnished by each party to the opposing party within said period of time.

(e) Required information pertaining to witnesses. Each list of prospective witnesses shall contain their names, addresses, and telephone numbers (if known), and the name of the party on whose behalf it is offered.

(f) Dates of depositions and notice to parties. Dates of all depositions shall be scheduled by the Commission staff with notification given all interested parties.

(g) Assertion of legal option by Commission staff designated to present evidence. A member of the Commission staff designated to present the evidence on behalf of the complaint shall be authorized to assert any legal option before the Commission available to private counsel.

(h) Commission member may be designated to preside at hearing. When deemed advisable, the Commission may, by order, designate one (1) or more members to preside at hearings and pass upon complaints after hearings as provided for by Title 25, Oklahoma Statutes § 1501(6).

(i) Media and other photographic and electronic coverage. News camera, television camera, and other photographic and electronic coverage of a Commission hearing will be permitted only when a request for such coverage has been made prior to the hearing and approved by a majority of those Commissioners who will sit on the hearing. This subsection places no restrictions on non-photographic, non-electronic coverage by the news media.

(j) Hearing provisions. Hearings, as provided for in Title 25, Oklahoma Statutes § 1503, are conducted in accordance with the provisions of Title 75, Oklahoma Statutes § 309-313, and 315-317, except as otherwise required by Title 25, Oklahoma Statutes § 1101 et seq.

(k) Pre-hearing conference. Upon five (5) days notice to both parties, the Hearing Examiner may request a pre-hearing conference of the parties for purposes of pre-hearing motions, briefs and evidentiary stipulations.

Okla. Admin. Code § 335:10-1-7 Subpoenas

(a) Subpoenas and orders for production of documents. The Commission Director, the Staff Attorney and each Commission member is authorized to issue subpoenas, Subpoenas Duces Tecum, and orders for the production of documents on behalf of the Commission for investigatory proceedings and hearings as provided for in Title 25, Oklahoma Statutes § 1501 and §1508, and Title 75, Oklahoma Statutes § 315(2).

(b) Witnesses for respondent, witness fees and mileage costs. The Commission shall, upon request by Respondent in cases alleging violation of Title 25, Oklahoma Statutes § 1101 et seq., subpoena witnesses in his behalf. However, witness fees and mileage costs for such witnesses must be borne by such Respondent.

(c) Consequences for disobedience to a subpoena. Where there is disobedience to a subpoena issued by the Commission, the Chairperson may direct that appropriate action under the provisions of Title 75, Oklahoma Statutes § 315(3) be initiated.

Okla. Admin. Code § 335:10-1-8 Final order and content; time extensions

(a) After the conclusion of a Hearing on a discrimination complaint, the Hearing Examiner within ten (10) days will issue a final order. The final order shall include finding of fact and conclusions of law separately stated in accordance with the Administrative Procedures Act, Title 75, Oklahoma Statutes § 312.

(b) The Hearing Examiner may extend the time for submitting the final order upon application of the parties, to await the transcripts of the Hearing and to allow for the parties to submit proposed findings of facts and conclusions of law or to submit briefs. The extension of time for submitting the final order by the Hearing Examiner shall not be unreasonably long and may serve as cause for review by the Commission upon motion by either party to the Commission.

Okla. Admin. Code § 335:10-1-9 Transcript of hearing; review

Transcripts of Hearings will not be provided for parties at Commission expense. However, if the Commission has obtained a copy of the transcript, parties may review the Commission copy, in the Commission offices, at a reasonable time. Such utilization will be scheduled by the Commission Director at a time not in conflict with the needs of the Commission and the staff.

Okla. Admin. Code § 335:10-1-10 Final order; request for reconsideration

(a) The final order of the Hearing Examiner constitutes the final order of the Commission unless a written request for reconsideration of the final order is made to the Commission Chair within ten (10) days of the order entry.

(b) Requests for reconsideration will not be heard by the Commission unless they comply with Title 74, Oklahoma Statutes § 317. If the request is in compliance with §317, the Commission will rule on the request by majority vote during the next regularly scheduled Commission meeting.

Okla. Admin. Code § 335:10-1-11 Cease and desist orders

If the Commission is unable to eliminate the discriminatory practice by conciliation after Hearing, it shall issue an order requiring the Respondent to cease and desist from the discriminatory action and to take such action as the Commission deems necessary.

(1) Timeliness of order. Whether it be a cease and desist order, or one embracing a conciliation agreement, it shall be issued at the earliest possible moment after, but not prior to, the conclusion of efforts to eliminate the discriminatory practice(s) through conference, conciliation and persuasion required by Title 25, Oklahoma Statutes Section 1501(a).

(2) Court petition to enforce the Commission order. Upon issuance of a cease and desist order, the Commission may file a court petition requesting issuance of an order enforcing the Commission order in compliance with Title 25, Oklahoma Statutes § 1506(a)

Okla. Admin. Code § 335:10-1-12 Granting of extensions prior to appointment of Hearing Examiner

Prior to appointment of a Hearing Examiner, the Commission director may, when circumstances and the interest of justice require, grant extensions of any time limitations included within the rules governing the Oklahoma Human Rights Commission. Thereafter, the Hearing Examiner shall control conduct of the Hearing and any extensions.

Chapter 15 Interpretive Guidelines on Employment Discrimination

Subchapter 1 General Provisions on Employment Discrimination

Okla. Admin. Code § 335:15-1-1 Purpose

The rules in this Chapter have been adopted to serve as interpretive guidelines on discrimination in employment under the Anti-Discrimination Act, Title 25 O.S. Section 1101 et. seq.

Okla. Admin. Code § 335:15-1-2 Employment discrimination defined

Discrimination in employment as an act or practice of an employer in failing to hire, discharging, or otherwise discriminating against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment because of race, color, religion, sex, national origin, handicap, or age. It is a discriminatory practice for an employer to limit, segregate, or classify an employee in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, color, religion, sex, national origin, handicap, or age . [25 O.S. Section 1302]. Pursuant to this statutory definition, the Oklahoma Human Rights Commission has adopted rules and interpretive guidelines for implementing the anti-discrimination provision of Title 25, O.S., Section 1302. These guidelines cover both the issues involved in discrimination in employment, discharge, promotion, etc., and the different basis: race, sex, etc., upon which a discrimination complaint can be filed. The general purpose of Title 25, Oklahoma Statutes, Section 1101 et seg. are to provide for execution within the State of the policies embodied in Title VII of the Civil Rights Act of 1964, the Federal Age Discrimination in Employment Act of 1967 and Section 504 of the Federal Rehabilitation Act of 1973. [25 O.S. Section 1101].

Okla. Admin. Code § 335:15-1-3 Discrimination defined

(a) Adverse impact.

(1) The Commission hereby adopts the definition of discrimination set forth by Chief Justice Warren Burger of the United States Supreme Court in "Griggs v. Duke Power Company", (3 EPD para 8137) 401 U.S. 424(1971), a case arising under Title VII of the Civil Rights Act of 1964. In that case, the Supreme Court defined discrimination in employment as follows:

(A) The object of Congress in the enactment of Title VII of the Civil Rights Act of 1964 is plain from the language of the statute. It was to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees. Under the Civil Rights Act of 1964, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze" the status quo of prior discriminatory employment practices . ["Griggs v. Duke Power Co." 401 U.S. 424(1971), 3 EPD para 1837].

(B) Congress did not intend by Title VII, Civil Rights Act of 1964, however, to guarantee a job to every person regardless of qualifications. In short, the Civil Rights Act of 1964 does not command that any person be hired simply because he was formerly the subject of discrimination, or because he is a member of a minority group. Discriminatory preference for any group, minority or majority, is precisely and only what Congress had proscribed. What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification . ["Griggs v. Duke Power Co." supra.].

(C) Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. On the contrary, Congress has now required that the posture and condition of the job-seeker be taken into account. It has-to resort again to the fable-provided that the vessel in which the mile is proffered be one all seekers can use. The Civil Rights Act of 1964 proscribes not only over discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited . ["Griggs v. Duke Power Co." supra.].

(D) Good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability . ["Griggs v. Duke Power Co." supra.].

(E) The Company's lack of discriminatory intent is suggested by the special efforts to help the under educated employees through company financing of two- thirds the cost of tuition for high school training. But Congress directed the thrust of the Civil Rights Act of 1964 to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer burden of showing that any given requirements must have a manifest relationship to the employment in question. ["Griggs v. Duke Power Co." supra.].

(F) The facts of this case demonstrate the inadequacy of broad and general testing devices as well as the infirmity of using diplomas or degrees as fixed measures of capability. History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the common-sense proposition that they are not to become masters of reality . ["Griggs v. Duke Power Co." supra.].

(2) The definition of employment discrimination as defined in this subsection establishes the proper perspective for an understanding of the problem of employment discrimination.

(b) Disparate treatment. Besides the fact that some neutral tests illegally operate to bring about discriminatory job consequences, another major area of discrimination concerns disparate treatment. Disparate treatment occurs when an employer or other person subject to the Act intentionally excludes individuals from an employment opportunity bases on race, color, sex, religion, national origin, handicap, or age. Evidence of exclusion, however, need not be embodied in Respondent's employment policies or practices. Whenever similarly situated individuals of a different race, color, sex, national origin, handicap or age are accorded disparate treatment in the context of a similar employment situation, it is reasonable to infer, absent other evidence, that discrimination has occurred. The presence of a discriminatory motive can be inferred from the fact that there were differences in treatment .

["International Brotherhood of Teamsters v. U.S." 431 U.S. 324, EPD para 7579 (1977)].

(c) Accommodation. A third major area of discrimination involves certain employer requirements. Title 25 of the Oklahoma Statutes establishes that the failure to accommodate an employee's or prospective employee's religious practices, and the failure to accommodate a handicapped employee or prospective employee may be discriminatory. Title 25 of the Oklahoma Statutes requires employers and other persons subject to the Act to accommodate the religious practices of its employees and prospective employees unless to do so would create an undue hardship on the conduct of the employer's business. Further, employers subject to Title 25 of the Oklahoma Statutes, are required to make reasonable accommodation for handicapped individuals unless to do so would create an undue hardship. This requirement is not identical to the reasonable accommodation requirement concerning religion in Title 25 of the Oklahoma Statutes. Discrimination against handicapped individuals is discussed further in the following sections of this Chapter.

Okla. Admin. Code § 335:15-1-4 Duty of fair recruitment

Every employer is required by Oklahoma law to conduct recruitment and hiring practices in such a way as to assure that minorities, women, handicapped, and other protected employees are given fair notice of job vacancies, the opportunity to apply for vacancies, and be considered for employment in all vacancies on bases which do not discriminate on grounds prohibited by law. In addition, hiring and job assignment practices must assure that the effects of past exclusion of minorities, women and handicapped from all or any part of the employer's work force are not carried forward into the future. Where the effects of any practice and procedure are contrary to the foregoing, they are illegal.

(1) For example, an employer with a substantially all white work force fills his vacancies by word of mouth referral of applicants by incumbent employees. The result is that substantially all of his applicants are white. This practice si illegal because it denies minorities notice of an opportunity to apply for such employment.

(2) A second example: An employer is located in a suburban area where the local population is substantially all white. He fills his vacancies from applicants who notice a "job vacancy" sign on the premises. Virtually all applicants are white. The practice is illegal.

(3) A third example: The employer fills his vacancies through an employment agency which refers only male applicants. The practice is illegal because it denies women the notice and opportunity to apply for these positions.

Okla. Admin. Code § 335:15-1-5 Duty to plan for fair recruitment

(a) The Oklahoma Human Rights Commission concludes that there is a substantial likelihood that the location of a plant or other facility in an area which has a low minority population will have an adverse effect on minority employment opportunity in such facility. The difficulties, which minority persons experience in finding housing in areas outside central cities and the inadequacies of public transportation to such areas from places in which substantial proportions of minority persons reside contribute to the persistence of low utilization of minority employees in such facilities. Employers making planning decisions with respect to the location of facilities are advised that, unless they take appropriate action to assure minorities fair employment opportunities in such locations, they will be in violation of Oklahoma laws if the effect of their decision is to restrict or limit minority opportunities.

(b) Employers contemplating the location or relocation of a facility in an area in which the percentage of minority population is less than half the percentage of minority population in an area within commuting distance of the facility should establish minority employment goals based on minority population, minority work force in relevant job categories, minority unemployment, and availability of minority workers of relevant skill, existing in the area of minority population as well as those located nearer his (their) establishment and, in addition, should adopt as a minimum goals, the retention of the level of minority employee participation which are subject to a relocation move.

Okla. Admin. Code § 335:15-1-6 Allegations of discrimination in employee disciplinary actions; burden of proof

(a) Disciplinary actions are actions taken by the employer as a punishment against an employee for violating some company rule, practice or policy. The most common disciplinary actions are reprimands, warnings, suspensions, demotions and dismissals. Most discharge or discipline complaints can be analyzed under the disparate theory of discrimination.

(b) In a discharge or discipline complaint as with any complaint arising under Title 25 of the Oklahoma Statutes, the Complainant must establish a prima facie case of discrimination . ["McDonnell Douglass Corp. v. Green", 411 U.S. 792, 5 EPD para 8607 (1973); "Furnco Construction Corp. v. Waters", 438 U.S. 567, 17 EPD para 8401 (1978); "Board of Trustees of Keene State College v. Sweeney", 439 U.S. 24, 18 EPD para 8673 (1978); "Texas Department of Community Affairs v. Burdine", 101 S. Ct. 1089, 25 EPD para 31,544 (1981)]. This means that (s)he must submit evidence which is sufficient to establish that his/her allegations are true if Respondent does not submit evidence to the contrary. The Respondent must then be given the opportunity to rebut Complainant's prima facie case. This can be done in a number of ways, which are discussed below. Complainant is then given the opportunity to provide evidence that Respondent's explanations for its actions are pretextual i.e., an attempt to conceal discrimination. The Commission will also examine Respondent's statement and other evidence for pretextuality. When all of the evidence has been obtained and analyzed, the Commission will determine whether it is more reasonable than not to believe that Complainant's allegations are true. The Commission determines that it is sufficient to find discrimination in a discharge case if the race, sex or other prescribed category played any causal part in the discharge of the employee. It is not necessary that race, etc., be the sole cause of the discharge. It is sufficient if the prohibited grounds was one of the considerations which led to the discharge. ... where it can be shown that discrimination on the basis of race, color, religion, sex or national origin was, in part, a causal factor in a discharge or refusal to hire, the aggrieved party is statutorily entitled to damages of lost compensation . ["King v. Laborers Local 818", 443 F.2d 273 (6th Cir. 1971)].

(1) In determining the credibility of witnesses where there is a dispute as to fact in connection with a discharge case, it is proper to consider whether other related aspects of the employer's business operate in an apparently discriminatory manner. In making this judgment, it is appropriate for the Commission to consider statistics of minority/female employment compared with the available labor force in the population.

(2) As indicated previously, the basis of the disparate treatment theory is differences in the treatment of similarly situated individuals. The concept of "similarly situated" is not one which can be precisely defined, but instead must be fitted to the particular facts of each case. In general, it means that the persons who are being compared are so situated that it is reasonable to expect that they would receive the same treatment in the context of a particular employment decision.

(A) For example, an employer's collective bargaining agreement may contain a rule that any employee-charged with theft of company property is automatically discharged. If a Black employee who is charged with theft of company property is discharged, the discharge is consistent with the rule and the agreement. However, the analysis does not end there. To determine whether there was disparate treatment, the Commission will ascertain whether white employees who have been charged with the same offense are also discharged. If they merely suspended, disparate treatment has occurred. The key to the analysis is that they are similarly situated employees, yet the employer failed to apply the same criteria for discharge to all of them. They are similarly situated because they are Respondent's employees and were charged with the same misconduct. The difference in discipline could be attributable to race, unless Respondent produces evidence to the contrary.

(B) The case of "Mabin v. Lear Siegler, Inc.", 457 F.2d (CA6, 1972) aff'd (6th Cir. 1972) illustrates the interpretive process which the Commission will follow. Judge Fox in the district court adopted the following analysis:

(i) Title VII of the Civil Rights Act of 1964 is to be accorded a liberal construction in order to carry out the purpose of Congress to eliminate the inconvenience, unfairness and humiliation of racial discrimination . ["Hamm v. City of Rock Hill", 379 U.S. 306, 85 S. Ct. 384, 13 L. ED. Christian Association of Raleigh, N.C., 397 F. (2nd Cir. 1968; "Miller v. Amusement Enterprises, Inc.", 394 F. 2nd 342 (5th Cir. 1968); "Quarles v. Phillip Morris, Inc.", 279 F. Supp. 505, 67 LRRM 2098 (E.D. Va. 1968).].

(ii) The defendant is presumed to intend the probable consequences of its conduct . ["Radio Officers'Union, et al, v. N.L.R.B.", 347 U.S. 1774 S. Ct. 323, 98 L. ED. 455, 43 LRRM 2417 (1954)]. In other words, Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation . ["Griggs v. Duke Power Company", 401 U.S. 424(1971) ].

(iii) In cases concerning racial discrimination statistics often tell much and courts listen . ["State of Alabama v. United States", 304 F.2d 583, 586 (5th Cir. 1962) aff'd per curiam, 371 U.S. 37, 83 S.Ct. 145, 9 L. Ed. 2nd (1962); "Parham v. Southwestern Bell Telephone Company", 433 F.2d 421, (8th Cir. 1970)].

Subchapter 3 Interpretive Guidelines on Sex Discrimination

Okla. Admin. Code § 335:15-3-1 "Employer" defined; labor organizations and employment agencies; case-by-case consideration

(a) References to "employer" or "employers" state principles that are applicable in this Subchapter not only to employers, but also to labor organizations and to employment agencies insofar as their action or inaction may adversely effect employment opportunities.

(b) The Commission will continue to consider particular problems relating to sex discrimination on a case-by-case basis.

Okla. Admin. Code § 335:15-3-2 Sex as a bona fide occupational qualification

(a) Narrow interpretation of exceptions. The Commission believes that the bona fide occupational qualification exception as to sex should be interpreted narrowly. Labels-"Men's jobs", and "Women's jobs"-tend to deny employment opportunities unnecessarily to one sex or the other.

(1) The Commission will find that the following situations do not warrant the application of the bona fide occupational qualification exception:

(A) The refusal to hire a woman because of her sex based on assumption of the comparative employment characteristics of women in general. For example, the assumption that the turnover rate among women is higher than among men.

(B) The refusal to hire an individual based on stereotypes characterizations of the sexes. Such stereotypes include, for example, that men are less capable of assembling intricate equipment; that women are less capable of aggressive salesmanship. The principle of non-discrimination requires that individuals be considered on the basis of individual capacities and not on the basis of any characteristics generally attributed to the group.

(2) Where it is necessary for the purpose of authenticity or genuineness, the Commission will consider sex to be a bona fide occupation qualification, e.g., an actor or actress.

(b) Effect of sex-preference employer policies and practices.

(1) If an employer has adopted a policy or practice which limits or prohibits the employment of females in certain occupations, e.g., jobs requiring the lifting or carrying of weights exceeding certain prescribed limits, during certain hours of the night, for more than a specified number of hours per day or per week and for certain periods of time before and after childbirth; the Commission has found that such policies and practices do not take into account the capacities preferences and abilities of individual females and therefore discriminate on the basis of sex. The Commission has concluded that such policies and practices conflict with and are superseded by Title 25 O.S. Section 1101 et seq. and Title VII of the Civil Rights Act of 1964. Accordingly, such policies and practices will not be considered as a basis for the application of the bona fide occupational qualification exception.

(2) The Commission has concluded employer policies and practices which discriminate on the basis of sex with regard to the employment of minors are in conflict with and are superseded by Title 25 of the Oklahoma Statutes and Tile VII of the Civil Rights Act of 1964 to the extent that such laws are more restrictive for one sex. Accordingly, restrictions on the employment of minors of one sex over and above those imposed on minors of the other sex will not be considered a defense to an otherwise established unlawful employment practice or as a for the application of the bona fide occupational qualification exception.

(3) A requirement that minimum wage and premium pay for overtime be provided for female employees will be scrutinized by the Commission. An employer will be deemed to have engaged in an unlawful employment practice if:

(A) It refuses to hire or otherwise adversely affect the employment opportunities of female applicants or employees in order to avoid the payment of minimum wages or overtime pay required by State law; or

(B) It does not provide the same benefits for male employees.

(4) An employer will be deemed to have engaged in an unlawful employment practice if:

(A) It refuses to hire or otherwise adversely affects the employment opportunities of female applicants or employees in order to avoid the provision of such benefits as those requiring special rest and meal periods, or physical facilities for women; or

(B) It does not provide the same benefits for male employees.

(5) Oklahoma Law may require that separate restroom facilities be provided employees of each sex. An employer will be deemed to have engaged in an unlawful employment practice if it refuses to hire or otherwise adversely affects the employment opportunities of applicants or employees in order to avoid the provision of such restrooms for persons of that sex.

Okla. Admin. Code § 335:15-3-3 Separate lines of progression and seniority systems

(a) It is an unlawful employment practice to classify a job as "male" or "female" or to maintain separate lines of progression or separate seniority lists based on sex where this would adversely affect any employee unless sex is a bona fide occupational qualification for that job. Accordingly, employment practices are unlawful which arbitrarily classify jobs so that:

(1) A female is prohibited from applying for a job labeled "male", or for a job in a "male" line of progression; and vice versa.

(2) A male scheduled for layoff is prohibited from displacing a less senior female on a "female" seniority list; and vice versa.

(b) A seniority system or line of progression which distinguishes between "light" and "heavy" jobs constitutes an unlawful employment practice if it operates as a disguised form of classification by sex, or creates unreasonable obstacles to the advancement by members of either sex into jobs which members of that sex would reasonable be expected to perform.

Okla. Admin. Code § 335:15-3-4 Discrimination against married women

(a) The Oklahoma Human Rights Commission has determined that an employer's rule which forbids or restricts the employment of married women and which is not applicable to married men is a discrimination based on sex prohibited by the Oklahoma Anti-Discrimination Act. It does not seem to us relevant that the rule is not directed against all females, but only against married females, for so long as sex is a factor in the application of the rule, such application involves a discrimination based on sex.

(b) Sex as a bona fide occupational qualification must be justified in terms of the peculiar requirements of the particular job and not on the basis of a general principle such as the desirability of spreading work.

Okla. Admin. Code § 335:15-3-5 Sex discrimination in job opportunity advertising

It is a violation of the Oklahoma Anti-Discrimination Act for a help-wanted advertisement to indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job involved. the placement of an advertisement in columns classified by publishers on the basis of sex, such as columns headed "Male" or "Female", will be considered an expression of a preference, limitation, specification, or discrimination based on sex.

Okla. Admin. Code § 335:15-3-6 Employment agencies

(a) It shall be unlawful for an employment agency to discriminate against any individual because of sex . [Title 25 O.S. Section 1303]. The Commission has determined that private employment agencies which deal exclusively with one sex are engaged in an unlawful employment practice, except to the extent that such agencies limit their services to furnishing employees for particular jobs for which sex is a bona fide occupational qualification.

(b) An employment agency that receives a job order containing an unlawful sex specification will share responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based upon a bona fide occupation qualification. However, an employment agency will not be deemed to be in violation of the law, regardless of the determination as to the employer, if the agency does not have reason to believe that the employer's claim of bona fide occupation qualification is without substance and the agency makes and maintains a written record available to the Oklahoma Human Rights Commission of each such job order. Such record shall include the name of the employer, the description of the job and the basis for the employer's claim of bona fide occupational qualification.

(c) It is the responsibility of employment agencies to keep informed of policy statements and guidelines of the Oklahoma Human Rights Commission on sex discrimination.

Okla. Admin. Code § 335:15-3-7 Pre-employment inquiries as to sex

A pre-employment inquiry may ask "Male------, Female------"; or "Mr., Mrs., Miss", provided that the inquiry is made in good faith for a non-discriminatory purpose. Any pre-employment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination as to sex shall be unlawful unless based upon a bona fide occupational qualification.

Okla. Admin. Code § 335:15-3-8 Availability of fringe benefits based on sex

(a) Fringe benefits, as used in this Section, includes medical, hospital, accident, life insurance and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment.

(b) It shall be an unlawful employment practice for an employer to discriminate between men and women with regard to fringe benefits.

(c) Where an employer conditions benefits available to employees and their spouses and families or whether the employee is the "head of the household", or "principal wage earner" in the family unit, the benefits tend to be available only to male employees and their families. Due to the fact that such conditioning discriminatorily affects the rights of women employees, and that "head of household" or "principal wage earner" status bears no relationship to job performance, benefits which are so conditioned will be found a prima facie violation of the prohibitions against sex discrimination contained in the Act.

(d) It shall be an unlawful employment practice for an employer to make available benefits for the wives and families of male employees where the same benefits are not made available for the husbands and families of female employees; or to make available benefits for the wives of male employees which are not made available for female employees; or to make available benefits to the husbands of female employees which are not made available for male employees. An example of such an unlawful employment practice is a situation in which wives of male employees receive maternity benefits while female employees receive no such benefits.

(e) It shall not be a defense to a charge of sex discrimination in benefits that the cost of such benefits is greater with respect to one sex than the other.

(f) It shall be an unlawful employment practice for an employer to have a pension or retirement plan which establishes different compulsory retirement ages based on sex, or which differentiates in benefits on the basis of sex.

Okla. Admin. Code § 335:15-3-9 Employment policies relating to pregnancy and childbirth

(a) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is in prima facie violation of the Oklahoma Anti-Discrimination Act.

(b) Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or related medical conditions, for all job- related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, and reinstatement, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to temporary disabilities.

(c) Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such a termination violates the Act if it has a disparate impact on employees of one sex and is not justified by business necessity.

Okla. Admin. Code § 335:15-3-10 Sexual harassment related to employment

(a) Harassment on the basis of sex is a violation of Article 3 of Title 25 O.S.. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

(3) Such conduct has the purpose of effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case-by-case basis.

(c) Applying general Title 25 of the Oklahoma Statutes principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter referred to in this Section as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

(d) With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.

(e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have respect to the conduct of such non-employees.

(f) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title 25 of the Oklahoma Statutes and developing methods to sensitize all concerned.

(g) Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for other unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.

Subchapter 5 Interpretive Guidelines on Discrimination Because of Religion

Okla. Admin. Code § 335:15-5-1 Religious nature of a practice or belief; "religious practice" defined

In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views . This standard was developed in "United States v. Seeger", 380 U.S. 163(1965) and "Welsh v. United States", 398 U.S. 333(1970). The Commission has consistently applied this standard in its decisions. The fact that no religious group espouses such beliefs of the fact the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase "religious practice" as used in this Chapter includes both religious observances and practices.

Okla. Admin. Code § 335:15-5-2 Reasonable religious accommodation without undue hardship

(a) Duty to accommodate.

(1) Title 25 O.S. Article 3 is interpreted by this Subchapter to make it unlawful for an employer to fail to reasonably accommodate the religious practices of an employee or prospective employee, unless the employer demonstrates that accommodation would result in undue hardship on the conduct of its business.

(2) Furthermore, Article 3 imposes an obligation on a labor organization to reasonably accommodate the religious practices of an employee or prospective employee, unless the labor organization demonstrates that accommodation would result in undue hardship.

(3) Reasonable accommodation requirements are primarily directed to obligations of employers or labor organizations, which are the entities covered by Title 25 of the Oklahoma Statutes that will most often be required to make an accommodation. However, the principles of this Section also apply when an accommodation can be required of other entities covered by Title 25 of the Oklahoma Statutes, such as employment agencies or joint labor-management committees controlling apprenticeship or other training or retraining or retraining programs.

(b) Reasonable accommodation.

(1) After an employee or prospective employee notifies the employer or labor organization of his or her need for a religious accommodation, the employer or labor organization has an obligation to reasonably accommodate the individual's religious practices. A refusal to accommodate is justified only when an employer or labor organization can demonstrate that an undue hardship would in fact result from each available alternative method of accommodation. A mere assumption that many more people, with the same religious practices as the person being accommodated, may also need accommodation is not evidence of undue hardship.

(2) When there is more than one method of accommodation available which would not cause undue hardship, the Commission will determine whether the accommodation offered is reasonable by examining:

(A) The alternatives for accommodation considered by the employer or labor organization; and

(B) The alternatives for accommodation, if any, actually offered to the individual requiring accommodation. Some alternatives for accommodating religious practices might disadvantage the individual with respect to his or her employment opportunities, such as compensation, terms, conditions, or privileges of employment. Therefore, when there is more than one means of accommodation which would not cause undue hardship, the employer or labor organization must offer the alternative which least disadvantages the individual with respect to his or her employment opportunities.

Okla. Admin. Code § 335:15-5-3 Alternatives for accommodating religious practices

(a) Work scheduling. Employees and prospective employees most frequently request an accommodation because their religious practices conflict with their work schedules. The following paragraphs are some means of accommodating the conflict between work schedules and religious practices which the Commission believes that employer and labor organizations should consider as part of the obligation to accommodate and which the Commission will consider in investigating a charge. These are not intended to be all inclusive. There are often other alternatives which would reasonably accommodate an individual's religious practices when they conflict with a work schedule. There are also employment practices besides work scheduling which may conflict with religious practices and cause an individual to request an accommodation.

(1) Reasonable accommodation without undue hardship is generally possible where a voluntary substitute with substantially similar qualifications is available. One means of substitution is the voluntary swap. In a number of cases, the securing of a substitute has been left entirely up to the individual seeking the accommodation. The Commission believes that the obligation to accommodate requires that the employers and labor organizations facilitate the securing of a voluntary substitute with substantially similar qualifications. Some means of doing this which employers and labor organizations should consider are to publicize policies regarding accommodation and voluntary substitution; to promote an atmosphere in which such substitutions are favorably regarded; to provide a central file, bulletin board or other means for matching voluntary substitutes with positions for which substitutes are needed.

(2) One means of providing reasonable accommodation for the religious practices of employees or prospective employees which employers and labor organizations should consider is the creation of a flexible work schedule for individuals requesting accommodation. The following list is an example of areas in which flexibility might be introduced:

(A) flexible arrival and departure times;

(B) floating or optional holidays;

(D) use of lunch time in exchange for early departure;

(E) staggered work hours; and

(F) permitting an employee to make up time lost due to the observance of religious practices.

(3) When an employee cannot be accommodated either as to his or her entire job or an assignment within the job, employers and labor organizations should consider whether or not it is possible to change the job assignment or give the employee a lateral transfer.

(b) Dues to labor organizations. Some collective bargaining agreements include a provision that each employee must join the labor organization or pay the labor organization a sum equivalent to dues. When an employee's religious practices do not permit compliance with such a provision, the labor organization should accommodate the employee by not requiring the employee to join the organization and by permitting him or her to donate a sum equivalent to dues to a charitable organization.

Okla. Admin. Code § 335:15-5-4 Undue hardship on employer for religious accommodation

(a) "De minimis cost." An employer may assert undue hardship to justify a refusal to accommodate an employee's need to be absent from his or her scheduled duty hours if the employer can demonstrate that the accommodation would require "more than a de minimis cost". The Commission will determine what constitutes "more than a de minimis cost" with due regard given to the identifiable cost in relation to the size and operating cost of the employer, and the number of individuals who will in fact need a particular accommodation. In general, the Commission interprets this phrase as it was used in the Hardison decision to mean the costs similar to the regular payment of premium wages of substitutes, which was at issue in Hardison, would constitute undue hardship. However, the Commission will presume that the infrequent payment of premium wages for a substitute or the payment of premium wages while a more permanent accommodation is being sought are costs which an employer can be required to bear as a means of providing a reasonable accommodation. Further, the Commission will presume that generally, the payment of administrative costs necessary for providing the accommodation will not constitute more than a de minimis cost. Administrative costs, for example, include those costs involved in rearranging schedules and recording substitutions for payroll purposes.

(b) Seniority rights. Undue hardship would also be shown where a variance from a bona fide seniority system is necessary in order to accommodate an employee's religious practices when doing so would deny another employee his or her job or shift preference guaranteed by that system. Arrangements for voluntary substitutes and swaps do not constitute an undue hardship to the extent the arrangements do not violate a bona fide seniority system. Nothing in the Statute or this Subchapter precludes an employer and a union from including arrangements for voluntary substitutes and swaps as part of a collective bargaining agreement.

(c) Scheduling of tests or other selections procedures. When a test or other selection procedure is scheduled at a time when an employee or prospective employee cannot attend because of his or her religious practices, the user of the test should be aware that the principles enunciated in this Subchapter apply and that it has an obligation to accommodate such employee or prospective employee unless undue hardship would result.

(d) Inquiries which determine an applicant's availability to work during an employer's scheduled working hours.

(1) The duty to accommodate pertains to prospective employees as well as current employees. Consequently, an employer may not permit an applicant's need for a religious accommodation to affect in any way its decision whether to hire the applicant unless it can demonstrate that it cannot reasonably accommodate the applicant's religious practices without undue hardship.

(2) The Commission has concluded that the use of preselection inquiries which determine an applicant's availability has an exclusionary effect on the employment opportunities of persons with certain religious practices. The use of such inquiries will, therefore, be considered to violate Title VII of the Civil Rights Act of 1964 unless the employer can show that it:

(A) Did not have an exclusionary effect on its employees or prospective employees needing an accommodation for the same religious practices; or

(B) Was otherwise justified by business necessity.

(3) Employers who believe they have a legitimate interest in knowing the availability of their applicants prior to selection must consider procedures which would serve this interest and which would have a lesser exclusionary effect on persons whose religious practices need accommodation. An example of such a procedure is for the employer to state the normal work hours for the job and, after making it clear to the applicant that he or she is not required to indicate the need for any absences for religious practices during the scheduled work hours, ask the applicant whether he or she is otherwise available to work those hours. Then, after a position is offered, but before the applicant is hired, the employer can inquire into the need for a religious accommodation and determine, according to the principles of this Subchapter, whether an accommodation is possible. This type of inquiry would provide an employer with information concerning the deferring until after a position is offered the identification of the usually small number of applicants who require an accommodation.

(4) The Commission will infer that the need for accommodation discriminatorily influenced a decision to reject an applicant when:

(A) prior to an offer of employment the employer makes an inquiry into an applicant's availability without having a business necessity justification; and

(B) after the employer has determined the applicant's need for an accommodation, the employer rejects a qualified applicant. The burden is then on the employer to demonstrate that factors other than the need for an accommodation were the reason for rejecting the qualified applicant, or that a reasonable accommodation without undue hardship was not possible.

Subchapter 7 Interpretive Guidelines on Discrimination Because of National Origin

Okla. Admin. Code § 335:15-7-1 Definition of national origin discrimination

The Commission defines national origin discrimination broadly as including, but not limited to, the denial of equal employment opportunity because of an individual's, or his/her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. The Commission will examine with particular concern charges alleging that individuals within the jurisdiction of the Commission have been denied equal employment opportunity for reasons which are grounded in national origin considerations, such as:

(1) Marriage to or association with persons of a national origin group;

(2) Membership in, or association with an organization identified with or seeking to promote the interests of national origin groups;

(3) Attendance or participation in schools, churches, temples, or mosques, generally used by persons of a national origin group; and

(4) Because an individual's name or spouse's name is associated with a national origin group. In examining these charges for unlawful national origin discrimination, the Commission will apply general Title 25 of the Oklahoma Statutes principles, such as disparate treatment and adverse impact.

Okla. Admin. Code § 335:15-7-2 Citizenship as prerequisite for employment

(a) In those circumstances, where citizenship requirements have the purpose or effect of discriminating against an individual on the basis of national origin, they are prohibited by Title 25 of the Oklahoma Statutes.

(b) The Oklahoma Anti-Discrimination Act protects all individuals, both citizen and non-citizens, residing, domiciled or employed in Oklahoma, against discrimination on the basis of race, color, religion, sex, national origin, or handicap.

(c) In addition, some states have enacted laws prohibiting the employment of non-citizens. Where laws prohibiting the employment of non-citizens have the purpose or effect of discriminating on the basis of national origin, they are in conflict with and are therefore, superseded by the Oklahoma Anti-Discrimination Act.

Okla. Admin. Code § 335:15-7-3 Discriminatory employee selection procedures

(a) In investigating an employer's selection procedures (including those identified in (b) and (c) of this Section) for adverse impact on the basis of national origin, the Commission will apply its Guidelines on Employee Selection Procedures contained in Subchapter 13 of this Chapter. Employers and other users of selection procedures should refer to the GESP for guidance on matters, such as adverse impact, validation and recordkeeping requirements for national origin groups.

(b) Because height or weight requirements tend to exclude individuals on the basis of national origin, the user is expected to evaluate these selection procedures for adverse impact, regardless of whether the total selection process has an adverse impact based on national origin.

(c) The Commission has found that the use of the following selection procedures may be discriminatory on the basis of national origin. Therefore, it will carefully investigate charges involving these selection procedures for both disparate treatment and adverse impact on the basis of national origin.

(1) Fluency-in-English requirements, such as denying employment opportunities because of an individual's foreign accent, or inability to communicate well in English.

(2) Training or education requirements which deny employment opportunities to an individual because of his or her foreign training or education, or which require an individual to be foreign trained or educated.

Okla. Admin. Code § 335:15-7-4 Speak-English-only rules

(a) A rule requiring employees to speak only English at all times in the workplace is a burdensome term and condition of employment. The primary language of an individual is often an essential national original characteristic. Prohibiting employees at all times, in the workplace, from speaking their primary language or the language they speak most comfortably, disadvantages an individual's employment opportunities on the basis of national origin. It may also create an atmosphere of inferiority, isolation and intimidation based on national origin which would result in a discriminatory working environment. Therefore, the Commission will presume that such a rule violates Title VII of the Civil Rights Act of 1964 and will closely scrutinize it.

(b) An employer may have a rule requiring that employees speak only in English at certain times where the employer can show that the rule is justified by business necessity.

(c) It is common for individuals whose primary language is not English to inadvertently change from speaking English to speaking their primary language. Therefore, if an employer believes it has a business necessity for a speak-English-only rule at certain times, the employer should inform its employees of the general circumstances when speaking only in English is required and of the consequences of violating the rule. If an employer fails to effectively notify its employees of the rule and makes an adverse employment decision against an individual based on a violation of the rule, the Commission will consider the employer's application of the rule as evidence of discrimination on the basis of national origin.

Okla. Admin. Code § 335:15-7-5 Harassment based on national origin

(a) The Commission has consistently held that harassment on the basis of national origin is a violation of Title VII of the Civil Rights Act of 1964. An employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.

(b) Ethnic slurs and other verbal or physical conduct relating to an individual's national origin constitute harassment when this conduct:

(1) Has the purpose or effect of creating and intimidating, hostile or offensive working environments;

(2) Has the purpose or effect of unreasonably interfering with an individual's work performance; or

(3) Otherwise adversely affects individual's employment opportunities.

(c) An employer is responsible for its acts and those of its agents and supervisory employees with respect to harassment on the basis of national origin regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer know or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

(d) With respect to conduct between fellow employees, an employer is responsible for acts of harassment in the workplace on the basis of national origin, where the employer, its agents or supervisory employees, knows or should have known of the conduct, unless the employer can show that it took immediate and appropriate corrective action.

(e) An employer may also be responsible for the acts of non-employees with respect to harassment of employees in the workplace on the basis of national origin, where the employer, its agents or supervisory employees, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.

Subchapter 9 Interpretive Guidelines on Discrimination Against the Handicapped

Okla. Admin. Code § 335:15-9-1 Handicap as classification of employment discrimination; "handicapped person" and "qualified handicapped person" defined

(a) Interpretation of statute. In October 1981 Title 25, O.S., supra, was amended (HB #1322) to add handicap as a classification of discrimination along with the previously stated classifications of race, color, religion, sex, and national origin. The amendment of the Act is interpreted to mean that no qualified handicapped person shall on account of handicap, be subjected to discrimination in employment as prohibited by Title 25, O.S., Section 1101 et seq. A handicapped person is defined by the same terms used in the Federal Rehabilitation Act of 1973, as amended.

(b) Definitions.

(1) The Federal Rehabilitation Act states, in definition, that for the purpose of the program, a handicapped individual is any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.

(A) "Life-Activities" may be considered to include communication, ambulation selfcare, socialization, education, vocational training, employment, transportation, adapting to housing, etc. For the purpose of Section 503 of the Act, primary attention is given to those life activities that affect employability.

(B) The phrase "substantially limits" means the degree that the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited.

(C) "Has a record of such an impairment" means that an individual may be completely recovered from a previous physical or mental impairment. It is included because the attitude of employers, supervisors, and co-workers toward the previous impairment may result in an individual experiencing difficulty in securing, retaining, or advancing in employment. The mentally restored and those who, for example, have had heart attacks or cancer often experience such difficulty. Also, this part of the definition would include individuals who may have been erroneously classified and may experience discrimination based on this misclassification. This group may include persons such as those who have been misclassified as mentally retarded or mentally restored.

(D) "Is regarded as having such an impairment" refers to those individuals who are perceived as having a handicap, whether an impairment exists or as handicapped by employers or supervisors who have an effect on the individual securing, retaining, or advancing in employment.

(2) The Commission also adopts the Rehabilitation Act's definition of "qualified" handicapped person to mean a person with a handicap who with reasonable accommodation can perform the essential functions of the job in question.

Okla. Admin. Code § 335:15-9-2 Reasonable accommodation for handicap

Reasonable accommodation, although not defined in the Rehabilitation Act, is interpreted by the Commission as follows:

(1) An employer subject to Title 25, O.S., supra, shall make reasonable accommodation to the known limitations of an otherwise qualified handicapped applicant or employee unless the employer can demonstrate that the accommodation would impose an undue hardship.

(2) Reasonable accommodation by an employer may include:

(A) Modification of work sites and commonly used areas, such as parking lots, lunch rooms, restrooms, desks and work benches.

(B) Job restructuring, modified work or attendance schedules, modification of equipment, purchase of assistive devices and other similar actions.

(3) In deciding whether an accommodation would impose an undue hardship on an employers normal operations, the following should be considered:

(A) What are the essential functions of the job; that is, what basic qualifications are necessary to perform all the essential functions, or, what bona fide occupational qualifications are reasonably necessary to the normal operation of the employers business?

(B) Are there reasonable accommodations available that would enable the qualified handicapped person to perform the essential job functions?

(4) Factors to consider in determining whether an employer can reasonably accommodate the qualified handicapped person include:

(A) The overall size of the employer's operations, number of employees, number and type of facilities, location of facilities, and ease of alterations of the employer's facilities.

(B) The type of the employer's operation, including the composition and structure of the employer's work force.

(C) The nature, cost, and funding for the accommodation needed. Resources that are available to aid the employer in accommodation, and other resources or support to assist the employer and qualified handicapped person in structuring a successful employment situation.

Okla. Admin. Code § 335:15-9-3 Undue hardship on employer for handicap accommodation

In determining the applicability of Title 25, O.S., supra, regarding expenses that may be incurred by employers in order to overcome the effects of conditions that resulted in limited participation by qualified handicapped persons in the employer's operations, the Commission shall consider:

(1) The extent to which the employer demonstrates that the compliance with the law would require alteration, modification, or purchase of any building structure, or equipment, or would require additional expenses which would not otherwise be incurred, and

(2) The extent to which the employer demonstrates the unavailability of alternatives not requiring additional expenses.

Okla. Admin. Code § 335:15-9-4 Pre-employment handicap inquiries

(a) Except as provided in (b) and (c) of this section, an employer may not make pre-employment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature of severity of a handicap. An employer may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.

(b) When an employer is taking remedial action to correct the effects of past discrimination, the employer may invite applicants for employment to indicate whether and to what extent they are handicapped, provided that:

(1) The employer states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and

(2) The employer states clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in (d) of this section, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance with this section.

(c) Nothing in this section shall prohibit an employer from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, provided that:

(1) All entering employees are subjected to such an examination regardless of handicap, and

(2) The results of such an examination are used only in accordance with the requirements of this section.

(d) Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded confidentiality as medical records, except that:

(1) Supervisors and managers may be informed regarding restrictions on the work or duties of handicapped persons and regarding necessary accommodations;

(2) First aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and

(3) Government officials investigating compliance with the Act shall be provided relevant information upon request.

Subchapter 11 Interpretive Guidelines on Discrimination Because of Age

Okla. Admin. Code § 335:15-11-1 Amendment to Act adding age as a protected classification

In November 1985, Title 25, Oklahoma Statutes, supra, was amended (HB #1081) to add age as a classification of discrimination along with the previously stated classifications of race, color, religion, sex, national origin, and handicap.

Okla. Admin. Code § 335:15-11-2 Age discrimination between employees in protected age bracket

(a) It is unlawful in situations where this Act applies, for an employer to discriminate in hiring or in any other way by giving preference because of age between individuals within the 40-70 age bracket. Thus, if two people apply for the same position, and one is 42 and the other 52, the employer may not lawfully turn down either one on the basis of age, but must make such decision on the basis of some other factor.

(b) The extension of additional benefits, such as increased severance pay, to older employees within the protected age bracket may be lawful if an employer has a reasonable basis to conclude that those benefits will counteract problems related to age discrimination. The extension of those additional benefits may not be used as a means to accomplish practices otherwise prohibited by the Act.

Okla. Admin. Code § 335:15-11-3 Employment agency

(a) As long as an employment agency regularly procures employees for at least one covered employer, it qualifies under section 1303 of the Act as an employment agency with respect to all of its activities whether or not such activities are for employers covered by the Act.

(b) The prohibition of section 1303 of the Act apply not only to the referral activities of a covered employment agency, but also to the agency's own employment practices, regardless of the number of employees the agency may have.

Okla. Admin. Code § 335:15-11-4 Age discrimination in help wanted notices or advertisements

(a) When help wanted notices or advertisements contain terms and phrases such as "age 25 to 35,', "young," "college student," "recent college graduate," "boy," "girl," or others of a similar nature, such a term or phrase deters the employment of older persons and is a violation of the Act, unless one of the exceptions applies. Such phrases as "age 40 to 50," "age over 65," "retired person," or "supplement your pension," discriminate against others within the protected group and, therefore, are prohibited unless one of the exceptions apply.

(b) The use of the phrase "state age" in help wanted notices or advertisements is not, in itself, a violation of the Act. But because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment notices or advertisements which include the phrase "state age," or any similar term, will be closely scrutinized to assure that the request is for a lawful purpose.

Okla. Admin. Code § 335:15-11-5 Age discrimination on employment applications

A request on the part of an employer for information such as "Date of Birth" or "State Age" on an employment application form is because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment application forms which request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant, either by a reference on the application form to the statutory prohibition in language to the following effect: "Title 25, Oklahoma Statutes and the Federal Age of 1967 prohibit discrimination on the basis of age with respect to individuals who are at least 40 but less than 70 years of age," or by other means. The term "employment applications," refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, resumes, or other summaries of the applicant's background. It relates not only to written pre-employment inquiries, or privileges of employment as specified in Article 3 of the Act.

Okla. Admin. Code § 335:15-11-6 Age as a bona fide occupational qualification

(a) Whether occupational qualifications will be deemed to be "bona fide" to a specific job and "reasonably necessary to the normal operation of the particular business," will be determined on the basis of all the pertinent facts surrounding each particular situation. It is anticipated that this concept of a bona fide occupational qualification will have limited scope and application. Further, as this is an exception to the Act, it must be narrowly construed.

(b) An employer asserting a BFOQ defense has the burden of proving that:

(1) The age limit is reasonably necessary to the essence of the business, and either

(2) That all or substantially all individuals excluded from the job involved are in fact disqualified, or

(3) That some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age.

(c) If the employer's objective in asserting a BFOQ is the goal of public safety, the employer must prove that the challenged practice does indeed effectuate that goal and that there is no acceptable alternative which would better advance it, or equally advance it with less discriminatory impact.

(d) If the state or local municipality has enacted an ordinance or administrative regulation which limits employment opportunities based on age, these ordinances or regulations must meet the standards for the establishment of a valid bona fide occupational qualification under section 1303 of the Act or they will be considered in conflict with and effectively superseded by Title 25, Oklahoma Statutes Section 1101 et seq.

Okla. Admin. Code § 335:15-11-7 Bona fide seniority systems

(a) Though a seniority system may be qualified by such factors as merit, capacity, or ability, any bona fide seniority system must be based on length of service as the primary criterion for the equitable allocation of available employment opportunities and prerogatives among younger and older workers.

(b) Adoption of a purported seniority system which gives those with longer service lesser rights, and results in discharge or less favored treatment to those within the protection of the Act, may, depending upon the circumstances, be a "subterfuge to evade the purposes" of the Act.

(c) Unless the essential terms and conditions of an alleged seniority system have been communicated to the affected employees and can be shown to be applied uniformly to all of those affected, regardless of age, it will not be considered a bona fide seniority system within the meaning of the Act.

Okla. Admin. Code § 335:15-11-8 Involuntary retirement exemption from non- discrimination requirements

It is not a discriminatory practice for an employer to require the compulsory retirement of any person who has attained the age of sixty-five (65) and who, for the two-year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if such person is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, of the employer, which equals, in the aggregate, at least Forty-four Thousand Dollars ($44,000.00). [25 O.S. Section 1309(3)].

(1) Burden of proof. Since this provision is an exemption from the non-discrimination requirements of the Act, the burden is on the one seeking to invoke the exemption to show that every element has been clearly and unmistakably met. Moreover, as with other exemptions from the Act, this exemption must be narrowly construed.

(2) Forced retirement and change in position or status. An employee within the exemption can lawfully be forced to retire on account of age at 65 or above. In addition, the employer is free to retain such employees, either in the same position or status or in a different position or status. For example, an employee who falls within the exemption may be offered a position of lesser status or a part-time position. An employee who accepts such a new status or position, however, may not be treated any less favorably, on account of age, than any similarly situated younger employee.

(3) Qualification as "bona fide executive".

(A) In order for an employee to qualify as a "bona fide executive," the employer must initially show that the employee satisfies the definition of a bona fide executive set forth in Title 29, Code of Federal Regulations (C.F.R.), section 541.1. Each of the requirements in paragraphs (a) through (e) of §541.1 must be satisfied, regardless of the level of the employee's salary or compensation.

(B) Even if an employee qualifies as an executive under the definition in §541.1 of the C.F.R., the exemption for Title 25 of the Oklahoma Statutes may not be claimed unless the employee also meets the further criteria specified in the Conference Committee Report in the form of examples (see H.R. Rept. No. 95-950, p. 9). The examples are intended to make clear that the exemption does not apply to middle-management employees, no matter how great their retirement income, but only to a very few top level employees who exercise substantial executive authority over a significant number of employees and a large volume of business. As stated in the Conference Report:

(i) Typically the head of a significant and substantial local or regional operation of a corporation (or other business organizations), such as a major production facility or retail establishment, but not the head of a minor branch, warehouse or retail store, would be covered by the terms "bona fide executive". Individuals at higher levels in the corporate organizational structure who possess comparable or greater levels of responsibility and authority as measured by established and recognized criteria would also be covered.

(ii) The heads of major departments or divisions of corporations (or other business organizations) are usually located at corporate or regional headquarters. With respect to employees whose duties are associated with corporate headquarters operations, such as finance, marketing, legal, production and manufacturing (or in a corporation organized on a project line basis, the management of product lines), the definition would cover employees who head those divisions .

(iii) In a large organization, the immediate subordinates of the heads of these divisions sometimes also exercise executive authority, within the meaning of this exemption. The conferees intend the definition to cover such employees if they possess responsibility which is comparable to or greater than that possessed by the head of a significant and substantial local operation who meets the definition . [H.R. 95-90, p.10].

(4) Qualification as "high policymaking position". The phrase "high policymaking position" is limited to certain top level employees who are not bona fide executives. Specifically, these are ... individuals who have little or no line authority but whose position and responsibility are such that they play a significant role in the development of corporate policy and effectively recommend the implementation thereof .

(A) For example, the Chief economist or the chief research scientist of a corporation typically has little line authority. His duties would be primarily intellectual as opposed to executive or managerial. His responsibility would be to evaluate significant economic or scientific trends and issues, to develop and recommend policy direction to the top executive officers of the corporation, and he would have a significant impact on the ultimate decision on such policies by virtue of his expertise and direct access to the decision makers. Such an employee would meet the definition of a "high policymaking" employee .

(B) On the other hand, as this description makes clear, the support personnel of a "high policymaking" employee would not be subject to the exemption even if they supervise the development, and draft the recommendation, of various policies submitted by their supervisors . [H.R. 95-90, p.10].

(5) Application of involuntary retirement exemption to a particular employee. In order for the exemption to apply to a particular employee, the employee must have been employed in a "bona fide executive or a high policymaking position," as those terms are defined in ((3) and (4) of this subsection), for at least two years immediately before retirement . [H.R. 95-90, p. 10].

(6) Annual retirement benefit.

(A) The "annual retirement benefit," to which covered employees must be entitled, is the sum of amounts payable during each one-year period from the date on which such benefits first become receivable by the retiree. Once established, the annual period upon which calculations are based may not be changed from year to year.

(B) The annual retirement benefit must be immediately available to the employee to be retired pursuant to the exemption. For purposes of determining compliance, "immediate" means that the payment of plan benefits (in a lump sum or the first of a series of periodic payments) must occur not later than 60 days after the effective date of the retirement in question. The fact that an employee will receive benefits only after expiration of the 60-day period will not preclude his retirement pursuant to the exemption, if the employee could have elected to receive benefits within that period.

(C) The annual retirement benefit must equal, in the aggregate, at least $44,000.00. The manner of determining whether this requirement has been satisfied is set forth in Title 29, CFR, § 1627.17.

(D) The annual retirement benefit must be "nonforfeitable". Accordingly, the exemption may not be applied to any employee subject to plan provisions which could cause the cessation of payment to a retiree or result in the reduction of benefits to less than $44,000.00 in any one year. For example, where a plan contains a provision under which benefits would be suspended if a retiree engages litigation against the former employer, or obtains employment with a competitor of the former employer, the retirement benefit will be deemed to be forfeitable. However, retirement benefits will not be deemed forfeitable solely because the benefits are discontinued or suspended for reasons permitted under section 411 (a) (3) of the Internal Revenue Code.

(E) An annual retirement benefit will not be deemed forfeitable merely because the minimum statutory benefit level is not guaranteed against the possibility of plan bankruptcy or is subject to benefit restrictions in the event of early termination of the plan in accordance with Treasury Regulation 1.301-4(c). However, as of the effective date of the retirement in question, there must be at least a reasonable expectation that the plan will meet its obligation.

Okla. Admin. Code § 335:15-11-9 Age limitations for apprenticeship programs

Age limitations for entry into bona fide apprenticeship programs were not intended to be affected by Title 25 of the Oklahoma Statutes. Entry into most apprenticeship programs has traditionally been limited to youths under specified ages. This is in recognition of the fact that apprenticeship is an extension of the educational process to prepare young men and women for skilled employment.

Subchapter 13 Interpretive Guidelines on Employee Selection Procedures

Okla. Admin. Code § 335:15-13-1 Statement of purpose

(a) The guidelines in this Subchapter are based on the belief that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies as required by the Oklahoma Anti-Discrimination Act, Title 25, Oklahoma Statutes Section 1101 et seq., (referred to hereinafter in this Subchapter as the "Act"). It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complimented by sound programs of job design, may significantly aid in the development and maintenance of an efficient work force and, indeed, aid in the utilization and conservation of human resources generally.

(b) An examination of charges of discrimination filed with the Oklahoma Human Rights Commission (referred to hereinafter in this Subchapter as the "Commission"), and an evaluation of the results of the Commission's compliance activities has revealed a decided increase in total test usage and a marked increase in doubtful testing practices which, based on our experience, tend to have discriminatory effects. In many cases, persons have come to rely almost exclusively on tests as the basis for making the decision to hire, promote, grant membership, train, refer or retain, with the result that candidates are selected or rejected on the basis of a single test score. Where tests are so used, minority candidates frequently experience disproportionately high rates of rejection by failing to attain score levels that have been established as minimum standards for qualification.

(c) It has also become clear that in many instances, persons are using tests as the basis for employment decisions without evidence that they are valid predictors of employee job performance. Where evidence in support of presumed relationships between test performance and job behavior is lacking, the possibility of discrimination in the application of test results must be recognized. A test lacking demonstrated validity (i.e., having no known significant relationship to job behavior) and yielding lower scores for classes protected by the Act may result in the rejection of many who have necessary qualifications for successful work performance.

(d) The guidelines in this Subchapter are designed to serve as a workable set of standards for employers, unions and employment agencies in determining whether their selection procedures conform with the basic purposes of the elimination of discrimination in employment.

Okla. Admin. Code § 335:15-13-2 "Test" defined

For the purpose of the guidelines in this Subchapter, the term "test" is defined as any paper-and-pencil or performance measure used as basis for any employment decision. The guidelines in this Subchapter apply, for example, to ability tests which are designed to measure eligibility for hire, transfer, promotion, membership, training, referral or retention.

(1) This definition includes, but is not restricted to:

(A) measures of general intelligence, mental ability and learning ability;

(B) specific intellectual abilities;

(D) dexterity and coordination;

(E) knowledge and proficiency;

(F) occupational and other interests; and

(G) attitudes, personality or temperament.

(2) The term "test" includes all formal, scored, quantified or standardized techniques of assessing job suitability including, in addition to the above:

(A) specific qualifying or disqualifying personal history or background requirements,

(B) specific educational or work history requirements,

(D) biographical information blanks,

(E) interviewers' rating scales,

(F) scored application forms, etc.

Okla. Admin. Code § 335:15-13-3 Discriminatory use of tests for hiring, promotion, or employment opportunities

The use of any test which adversely affects hiring, promotion, or any other employment or membership opportunity of classes protected by the Act constitutes discrimination unless:

(1) The test has been validated and evidences a high degree of utility as hereinafter described and,

(2) The person giving or acting upon the results of the particular test can demonstrate that alternative suitable hiring, or promotion procedures are unavailable for his use.

Okla. Admin. Code § 335:15-13-4 Evidence of employment test's validity as nondiscriminatory; "technically feasible" defined

(a) Each person using tests to select from among candidates for a position or for membership shall have available for inspection evidence that the tests are being used in a manner which does not violate the definition of test as defined in Section 335:15-13-2. Such evidence shall be examined for indications of possible discrimination such as instances of higher rejection rates for minority candidates than non-minority candidates. Furthermore, where technically feasible, a test should be validated for each minority or sex group with which it was used; that is, any differential rejection rates that exist, based on a test, must be relevant to performance on the jobs in question.

(b) The term "technically feasible" as used in this Subchapter means having or obtaining a sufficient number of minority individuals to achieve findings of statistical or practical significance, the opportunity to obtained unbiased job performance criteria, etc. It is the responsibility of the person claiming absence of technical feasibility to positively demonstrate evidence of this absence.

(c) Evidence of a test's validity should consist of empirical data demonstrating that the test is predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.

(1) If job progression structures and seniority provisions are so established that new employees will probably, within a reasonable time and in a great majority of cases, progress to a higher level, it may be considered that candidates are being evaluated for jobs at that higher level. However, where job progression is not so nearly automatic, or the time span is such that higher level jobs or employees' potential may be expected to change in significant ways, it shall be considered that candidates are being evaluated for a job at or near the entry level. This point is made to underscore the principle that attainment of or performance at a higher level job is a relevant criterion in validating employment tests only where there is a high probability that persons employed will, in fact, attain that highest level job within a reasonable period of time.

(2) Where a test is to be used in different units of a multiunit organization and no significant differences exist between units, jobs, and applicant populations, evidence obtained in one unit may suffice for the others. Similarly. where the validation process requires the collection of data throughout a multiunit organization, evidence of validity specific to each unit may not be required. There may also be instances where evidence of validity is appropriately obtained from more than one company in the same industry. Both in this instance and in the use of data collected throughout a multiunit organization, evidence of validity specific to each unit may not be required: Provided, that no significant differences exist between units, jobs, and applicant populations.

Okla. Admin. Code § 335:15-13-5 Minimum standards for validation of employee selection test as non-discriminatory

(a) For the purpose of satisfying the requirements of this section, empirical evidence in support of a test's validity must be based on studies employing generally accepted procedures for determining criterion-related validity, such as those described in "Standards for Education and Psychological Tests and Manuals" published by American Psychological Association, 1200 17th Street, N.W., Washington, D.C. 20036. Evidence of content or construct validity, as defined in that publication, may also be appropriate where criterion-related validity should be accompanied by sufficient information from job analysis to demonstrate the relevance of the content (in the case of job knowledge or proficiency tests) or the construct (in the case of trait measures). Evidence of content validity alone may be acceptable for well developed tests that consist of suitable samples of the essential knowledge skills, or behaviors composing the job in question. The types of knowledge, skills or behaviors contemplated here do not include those which can be acquired in a brief orientation to the job.

(b) Although any appropriate validation strategy may be used to develop such empirical evidence, the following minimum standards, as applicable, must be met in the research approach and in the presentation of results which constitute evidence of validity.

(1) Where a validity study is conducted in which tests are administered to applicants, with criterion data collected later, the sample of subjects must be representative of the normal or typical candidate group for the job or jobs in question. This further assumes that the applicant sample is representative to the minority population available for the job or jobs in question in the local labor market. Where a validity study is conducted in which tests are administered to present employees, the sample must be representative of the minority groups currently included in the applicant population. If it is not technically feasible to include minority employees in validation studies conducted on the present work force, the conduct of a validation study without minority candidates does not relieve any person of his subsequent obligation for validation when inclusion of minority candidates becomes technically feasible.

(2) Tests must be administered and scored under controlled and standardized conditions, with proper safeguards to protect the security of test scores and to insure that scores do not enter into any judgments of employee adequacy that are to be used as criterion measures. Copies of tests and test manuals, including instructions for administration, scoring, and interpretation of test results, that are privately developed and/or are not available through normal commercial channels must be included as a part of the validation evidence.

(3) The work behaviors of other criteria of employee adequacy which the test is intended to predict or identify must be fully described; and, additionally, in the case of rating techniques, the appraisal form(s) and instructions to the rater(s) must be included as a part of the validation evidence. Such criteria may include measures other than actual work proficiency, such as training time, supervisory ratings, regularity of attendance and tenure. Whatever criteria are used they must represent major or critical work behaviors as revealed by careful job analysis.

(4) In view of the possibility of bias inherent in subjective evaluations, supervisory rating techniques should be carefully developed and the ratings should be closely examined for evidence of bias. In addition, minorities might obtain unfairly low performance criterion scores for reasons other than supervisors' prejudice, as, when, as new the general point is that all criteria need to be examined to insure freedom from factors which would unfairly depress the scores of minority groups.

(5) Data must be generated and results separately reported for minority and non-minority groups wherever technically feasible. Where a minority group is sufficiently large to constitute an identifiable factor in the local labor market, but validation data have not been developed and presented separately for the group, evidence of satisfactory validity based on other groups will be regarded as only provisional compliance with these guidelines pending separate validation of the test for the minority group in question (See Section 335:15-29-1.) A test which is differentially valid may be used in groups for which it is valid but not for those in which it is not valid. In this regard, where a test is valid for two groups but one group characteristically obtains higher test scores than the other without a corresponding difference in job performance, cut off scores must be set so as to predict the same probability of job success in both groups.

(1) The relationship between the test and at least one relevant criterion must be statistically significant. This ordinarily means that the relationship should be sufficiently high as to have a probability of no more than 1 to 20 to have occurred by chance. However, the use of a single test as the sole selection device will be scrutinized closely when the test is valid against only one component of job performance.

(2) In addition to statistical significance, the relationship between the test and criterion should have practical significance. The magnitude of the relationship needed for practical significance or usefulness is affected by several factors including:

(A) The larger the proportion of applicants who are hired for or placed on the job, the higher the relationship needs to be in order to be practically useful. Conversely, a relatively low relationship may prove useful when proportionately few job vacancies are available;

(B) The larger the proportion of applicants who become satisfactory employees when not selected on the basis of the test, the higher the relationship needs to be between the test and criterion of job success for the test to be practically useful. Conversely, a relatively low relationship may prove useful when proportionately few applicants turn out to be satisfactory;

(C) The smaller the economic and human risks involved in hiring an unqualified applicant relative to the risks entailed in rejecting a qualified applicant, the greater the relationship needs to be in order to be practically useful. Conversely, a relatively low relationship may prove useful when the former risks are relatively high.

Okla. Admin. Code § 335:15-13-6 Presentation of validation study of employee selection test

The presentation of the results of a validation study of a test used for employee selection must include graphical and statistical representations of the relationships between the test and the criteria, permitting judgments of the test's utility in making predictions of future work behavior. (See 335:15-13-5(c) concerning assessing utility of a test.) Average scores for all tests and criteria must be reported for all relevant subgroups, including minority and non-minority groups where differential validation is required. Whenever statistical adjustments are made in validity results for less than perfect reliability or for restriction of score range in the test or the criterion, or both, the supporting evidence from the validation study must pe presented in detail. Furthermore, for each test that is to be established or continued as an operational employee selection instruction, as a result of the validation study, the minimum acceptable cut off (passing) score on the test must be reported. It is expected that each operational cut off score will be reasonable and consistent with normal expectations of proficiency within the work force or group on which the study was conducted.

Okla. Admin. Code § 335:15-13-7 Use of other validity studies for employee selection tests

In cases where the validity of a test used for employee selection cannot be determined pursuant to Sections 335:15-13-4 and 335:15-13-5 (e.g., the number of subjects is less than that required for a technically adequate validation study, or an appropriate criterion measure cannot be developed), evidence from validity studies conducted in other organizations, such as that reported in test manuals and professional literature may be considered acceptable when:

(1) The studies pertain to jobs which are comparable (e.g., have basically the same task elements).

(2) There are no major differences in contextual variables or sample composition which are likely to significantly affect validity. Any person citing evidence from other validity studies as evidence of test validity for his own job must substantiate in detail job comparability and must demonstrate the absence of contextual or sample difference cited in (1) or (2) of this section.

Okla. Admin. Code § 335:15-13-8 Assumption of test validity limited

(a) Under no circumstances will the general reputation of a test, its author or its publisher, or casual reports of test utility be accepted in lieu of evidence of validity. Specifically ruled out are:

(1) assumptions of validity based on test names or descriptive labels;

(2) all forms of promotional literature;

(3) data bearing on the frequency of a test's usage;

(4) testimonial statements of sellers, users, or consultations; and

(5) other nonempirical or anecdotal accounts of testing practices or testing outcomes.

(b) Although professional supervision of testing activities may help greatly to insure technically sound and non-discriminatory test usage, such involvement alone shall not be regarded as constituting satisfactory evidence of test validity.

Okla. Admin. Code § 335:15-13-9 Continued use of tests not fully validated as non-discriminatory

Under certain conditions, a person may be permitted to continue the use of a test which is not at the moment fully supported by the required evidence of validity. If, for example, determination of criterion-related validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue, provided:

(1) The person can cite substantial evidence of validity as described in Section 335:15-13-7.

(2) He has in progress validation procedures which are designed to produce, within a reasonable time, the additional data required. It is expected also that the person may have to alter or suspend test cut off scores so that score ranges broad enough to permit the identification of criterion-related validity will be obtained.

Okla. Admin. Code § 335:15-13-10 Testing by employment agencies and employment services

(a) An employment service, including private employment agencies, State employment agencies, shall not make applicant or employee appraisals or referrals based on the results obtained from any psychological test or other selection standard not validated in accordance with this Subchapter.

(b) An employment agency or service which is requested by an employer or union to advise a testing program is required to follow the standards for test validation as set forth in this Subchapter. An employment service is not relieved of its obligation herein because the test user did not request such validation or has requested the use of some lesser standard than is provided in this Subchapter.

(c) Where an employment agency or service is requested only to administer a testing program which has been elsewhere devised, the employment agency or service shall request evidence of validation, as described in the guidelines in this section, before it administers the testing program and/or makes referral pursuant to the test results. The employment agency must furnish on request such evidence of validation. An employment agency or service will be expected to refuse to administer a test where the employer or union does not supply satisfactory evidence of validation. Reliance by the test user on the reputation of the test, its author, or the name of the test shall not be deemed sufficient evidence of validity (See Section 335:15-13-6). An employment agency or service may administer a testing program where the evidence of validity comports with the standards provided in Section 335:15-13-5.

Okla. Admin. Code § 335:15-13-11 Disparate treatment in employee selection

The principle of disparate or unequal treatment must be distinguished from the concepts of test validation. A test or other employee selection standard-even though validated against job performance in accordance with the guidelines in this Subchapter-cannot be imposed upon any individual or class protected by the Act where other employees, applicants or members have not been subjected to that standard. Disparate treatment, for example, occurs where members of a minority, handicapped or sex group have been denied the same employment, promotion, or membership opportunities as have been made available to other employees or applicants. Those employees or applicants who have been denied equal treatment, because of prior discriminatory practices or policies, must at least be afforded the same opportunities as had existed for other employees or applicants during the period of discrimination. Thus, no new test or other employee selection standard can be imposed upon a class of individuals protected by the Act, who, but for prior discrimination, would have been granted the opportunity to qualify under less stringent selection standards previously in force.

Okla. Admin. Code § 335:15-13-12 Opportunity for retesting of "failed" employment candidates

Employers, union, and employment agencies should provide an opportunity for retesting and reconsideration (of) earlier "failure" candidates who have availed themselves of more training or experience. In particular, if any applicant or employee during the course of an interview, or other employment procedure claims more education or experience, that individual should be retested.

Okla. Admin. Code § 335:15-13-13 Employee selection techniques other than testing

Selection techniques other than tests, as defined in Section 335:15-13-2, may be improperly used so as to have the effect of discrimination against minority groups. Such techniques include, but are not restricted to, unscored or causal interviews and unscored application forms. Where there are data suggesting employment discrimination, the person may be called upon to present evidence concerning the validity of his unscored procedures as well as any types referred to in Sections 335:15-13-4 and 335:15-13-5. Data suggesting the possibility of discrimination exist, for example, when there are differential rates of applicant rejection from various minority and non-minority, handicap or sex groups for the same job or group of jobs or when there are disproportionate representations of minority and non-minority, handicap, or sex groups among present employees in different types of jobs. If the person is unable or unwilling to perform such validation studies, he has the option of adjusting employment procedures so as to eliminate the conditions suggestive of employment discrimination.

Okla. Admin. Code § 335:15-13-14 Testing of handicapped applicants or employees

(a) An employer may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped person unless:

(1) The test score or other selection criterion, as used by the employer is shown to be job-related for the position in question, and

(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not known by the Director to be available.

(b) An employer shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

Chapter 20 Interpretive Guidelines on Housing Discrimination

Okla. Admin. Code § 335:20-1-1 Purpose

The rules in this Chapter have been adopted to serve as interpretive guidelines on discrimination in housing under the Anti-Discrimination Act, Title 25 O.S. Section 1451 et seq.

Okla. Admin. Code § 335:20-1-2 Substantial equivalency to federal fair housing law

Housing discrimination is unlawful in Oklahoma effective November 1, 1985, pursuant to HB 1243, 25 O.S. Supp. 1985 §1451 et seq. The Oklahoma Fair Housing Law was designed and model led after the federal fair housing law, Civil Rights Act of 1968, USC Title 42 § 3601-3619 ; §3631. Because of the similarity between the Oklahoma and federal law on fair housing, Oklahoma's Fair Housing Law has been found by the Department of Housing and Urban Development to be substantially equivalent to the federal law pursuant to 24 CFR part 115 . As a substantially equivalent law to the federal fair housing law, the Oklahoma Human Rights Commission adopts case law interpretations of 42 USC §3601 et seq. which are substantially similar to provisions contained in Oklahoma's Fair Housing Law §1451 et seq. Provisions under the Oklahoma Fair Housing Law which are not included in the federal law but which have characteristics similar in intent to the federal law (i.e. eliminating unlawful housing discrimination) will also be interpreted based upon case law interpretation construing 42 USC §3601 et seq. For example, housing discrimination on the basis of "age" and "handicap" are not authorized under §3601 et seq., but they are proscribed under Oklahoma's §1452 et seq. The Oklahoma Human Rights Commission will apply interpretations of housing discrimination under §3601 et seq. to construe housing discrimination complaints based upon "age" and "handicap". The rationale for this approach is to ensure that fair housing discrimination complaint processing on the basis of "age" and "handicap" are consistent and uniform with both federal and Oklahoma law relevant to fair housing discrimination as it applied to other protected classes, such as, race, color, sex, religion and national origin.

Okla. Admin. Code § 335:20-1-3 Discriminatory housing practices

(a) It is a discriminatory housing practice to refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of any housing or otherwise make unavailable or deny any housing . [25 O.S. Section 1452.1 ] This provision is identical to Title VIII of the Civil Rights Act of 1968, 42 USC §3604(a).

(b) The "otherwise make unavailable or deny" language in (a) of this Section is a "catchall" as broad as Congress could have made it. All practices which would have the effect of denying housing on prohibited grounds are therefore unlawful . ["U.S. v. Youritan Construction Co.", 370 F. Supp. 643 (N.D. California 1973) 1 E.O.H. 13, 582, modified as to relief and aff'd 509 f.2d 623 (9th Cir. 1975), 1 E.O.H. 13,695].

(c) "Youritan Construction Co." supra, construed 42 USC §3604(a) to apply to racially derogatory remarks to fellow and subordinate employees toward apartment applicants of a particular race, because such remarks could reasonably be expected to adversely affect the racial opportunities of applicants. The fair housing law prohibits not only overt racial rejection of applicants, but subtle behavior as well. The imposition of more burdensome application procedures, delay tactics, and various forms of discouragement by resident managers and rental agents constitutes a violation of section 3604(a). Id.

Okla. Admin. Code § 335:20-1-4 Steering

Steering has been construed to be violative of 42 USC §3604(a). Steering Blacks to a particular group of apartments in a complex effectively denies access to equal housing opportunities . ["U.S. v. Mitchell" (CA5) No. 76-3880, decided 9-21-78, 1 E.O.H. 15,265, "Heights Community Congress v. Hilltop Realty" (CA 6 1985) 2OH 15,526].

Okla. Admin. Code § 335:20-1-5 Recovery by non-protected home seekers

A white apartment seeker is entitled to recover against a lessor for violations of the Fair Housing Act, because the lessor had made remarks showing a racial bias against Blacks. The court found the conduct created a right of recovery on the part of the plaintiff, because she determined that she could not rent an apartment from an owner whom she perceived to be racially biased, believing that her ability to maintain interracial association would be impaired . ["Haynes v. Copeland Realty" (DL, ND OH 1982) E.O.H. 15,457].

Okla. Admin. Code § 335:20-1-6 Use of "testers" to discover housing discrimination

(a) The courts have repeatedly approved and sanctioned the role of "testers" in racial discrimination cases. The Supreme Court has defined "testers" in the context of housing discrimination cases as individuals who, without intent to rent or purchase a home or apartment, pose as renters or purchasers for the purpose of collecting evidence if unlawful steering practices. ["Havens Realty Corporation v. Coleman" 455 U.S. 373(1982) ].

(b) It is frequently difficult to develop proof in discrimination cases, and the evidence provided by testers is valuable, if not indispensable. It is surely regrettable that testers must mislead commercial landlords and home owners as to their real intentions to rent or buy housing. Nonetheless, we have long recognized that this requirement of deception was a relatively small price to pay to defeat racial discrimination. The evidence provided by testers both benefits unbiased landlords by quickly dispelling false claims of discrimination and is a major resource in society's continuing struggle to eliminate the subtle but deadly poison of racial discrimination. "Richardson v. Howard" (CA 7, 7-21-83) E.O.H. 15,462.

Okla. Admin. Code § 335:20-1-7 Establishment of prima facie case of fair housing discrimination

(a) To establish a prima facie case of fair housing discrimination under both the federal fair housing law and under Oklahoma's Fair Housing Law, the following points of proof must be established:

(1) That the Plaintiff is a member of a protected class, i.e. race, color, religion, sex, national origin, age or handicap or familial status;

(2) That the Plaintiff applied for and was qualified to rent or purchase a certain property of housing;

(3) That the Plaintiff was rejected; and

(4) That the housing or rental opportunity remained available thereafter. ["Davis v. Mansards" 597 F. Supp. 334 (D.C. N.D. Ind. 1984), 3 E.O.H. 15,507, (Rental discrimination), "Phillips v. Hunter Trials Community Association" 685 f.2d 184, 190 (7th Cir. 1982) 1 E.O.H. 15,446 (Sale of property discrimination)].

(b) After the Plaintiff has established a prima facie case, the burden shifts to the Defendant to articulate non-discriminatory reasons for its actions. Phillips, supra.

History

Amended at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-8 Protection of employee for compliance with fair housing law

It is a discriminatory practice to discharge or demote an employee or agent because of obedience of said employee to the provisions of the Fair Housing Law . [25 O.S. Section 1452.10 ]. Similarly, in "Tokaji v. Toth" (D.C. N.D. Ohio 1974) 1 E.Q.H. 13,679, the Court refused to dismiss a suit against a landlord who evicted the managers of an apartment building he owned when they declined to follow his policy off not renting apartments to Blacks. The Plaintiff had a right to sue under §3617 of the Federal Fair Housing Act which makes it unlawful to intimidate a person who aids others in the exercise of their rights under the Act.

Okla. Admin. Code § 335:20-1-9 Authority for determining exempt status of state and federal programs for older persons

The Oklahoma Human Rights Commission shall determine a state or federal program to be specifically designed and operated to assist elderly persons pursuant to a state or federal program only if the U. S. Department of Housing and Urban Development (HUD) has already determined the program to be specifically designed and operated to assist elderly persons.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-10 Requirement for 55 or over housing exemption

The Oklahoma Human Rights Commission shall determine a housing facility to be exempt housing for older persons age 55 years or older only where all of the following requirements are satisfied:

(1) The housing facility provides significant facilities and services specifically to meet the physical or social needs of older persons.

(2) At least 80% of the units in the housing are occupied by at least one person 55 years of age or older per unit.

(3) The owner or manager publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-11 Time period to commence proceeding on housing complaint

The Oklahoma Human Rights Commission shall commence proceeding with respect to a housing discrimination complaint before the end of the 30th day after receipt of the complaint.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-12 Time period for final administrative disposition of complaint

The Oklahoma Human Rights Commission shall make final administrative disposition of a housing discrimination complaint in all cases within one year of the date of receipt of the complaint, unless it is impractical to do so.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-13 Disclosure or post-charge conciliation agreements

The Oklahoma Human Rights Commission shall disclose the terms of all post-charge conciliation agreements to the U. S. Department of Housing and Urban Development (HUD) where the complainant and respondent do not agree to public disclosure.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-14 Processing of housing discrimination complaints involving coercion, threats, intimidation, or interference

The Oklahoma Human Rights Commission shall process housing discrimination complaints involving coercion, threats, intimidation, or interference in accordance with the same procedures for processing other discrimination housing practices as described in Title 25 O.S. Section 1101 et. seq.

History

Added at 9 Ok Reg 3743, eff 8-27-92

Okla. Admin. Code § 335:20-1-15 Attorney fees and assessment of costs

In a civil action or administrative proceeding, the complainant may be liable for reasonable attorney fees or costs only where the complainant intervenes in the administrative proceeding or civil action and only where such intervention was frivolous or vexatious, or was for the purpose of harassment.

History

Added at 9 Ok Reg 3743, eff 8-27-92; Amended at 10 Ok Reg 4247, eff 8-26-93

Chapter 25 Procedures for Filing Racial Profiling Complaints

Okla. Admin. Code § 335:25-1-1 Purpose

The rules in this chapter have been adopted to describe the procedures for filing a racial profiling complaint with the Commission and with the district attorney. These rules have also been adopted to describe the process for delivering a copy of the complaint to the employing agency.

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-2 Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Commission" means the Oklahoma Human Rights Commission.

"Commission form" means "Form RPOHRC" that the Commission promulgated for filing a racial profiling complaint.

"District attorney" means the district attorney for the county where the alleged racial profiling occurred.

"Employing agency" means the municipal, county or state law enforcement agency where the officer accused of racial profiling was employed when the alleged conduct occurred.

"Officer" means any officer of any municipal, county or state law enforcement agency.

"Racial profiling" means the detention, interdiction, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual. [22 O.S.Supp.2000, Section 34.3 (A)].

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-3 Law enforcement officers prohibited from engaging in racial profiling

No officer of any municipal, county or state law enforcement agency shall engage in racial profiling. [22 O.S.Supp.2000, Section 34.3 (B)].

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-4 Complaints

(a) Complaint form. A racial profiling complaint may be filed onCommission Form RPOHRC.

(b) Persons who may file complaint. Any person who was stopped or arrested by an officer and believes the stop or arrest was racial profiling may file a complaint.

(d) Method of filing complaint. A complaint may be filed with the Commission and with the district attorney by completing Commission Form RPOHRC. A complainant who also desires for his/her complaint to be filed with the district attorney shall indicate the same by checking the appropriate box on the Commission form. The complainant or his/her representative shall sign and date the form upon completion and deliver it to the Commission. A complaint may be delivered to the Commission by mail or it may be personally delivered.

(e) Date filed with the Commission. The file date for a complaint delivered to the Commission by mail is the date postmarked. The file date for a complaint personally delivered to the Commission is the date received by the Commission.

(f) Date filed with the Commission and the district attorney. The file date for a complaint delivered to the Commission by mail and filed with the Commission and the district attorney is the date postmarked. The file date for a complaint personally delivered to the Commission and filed with the Commission and the district attorney is the date received by the Commission.

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-5 Time period and method for delivering Complaint to the district attorney

Within five (5) working days after receipt of a complaint filed with the district attorney, the Commission shall send a copy of the complaint by certified mail to the district attorney.

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-6 Time and method for Commission delivery of complaint to employing agency

Within five (5) working days after receipt of a complaint filed with the Commission or filed with the Commission and the district attorney, the Commission shall send a copy of the complaint by certified mail to the employing agency for investigation.

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Okla. Admin. Code § 335:25-1-7 Annual report

The Commission shall compile an annual report of all complaints received for racial profiling. The Commission shall submit the report on or before January 31 of each year to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives. [22 O.S.Supp.2000, Section 34.5(B)].

History

Added at 18 Ok Reg 663, eff 12-28-00 (emergency); Added at 18 Ok Reg 3195, eff 7-26-01

Title 450 Department of Mental Health and Substance Abuse Services

Chapter 15 Consumer Rights

Subchapter 1 General Provisions

Okla. Admin. Code § 450:15-1-1 Purpose

This Chapter implements 43A O.S. §§ 2-108, 2-109 and addresses the rights of individuals receiving services, either voluntarily or involuntarily from facilities operated by, certified by or under contract with, the Department of Mental Health and Substance Abuse Services, outlines the rules governing the operation of the ODMHSAS Office of Consumer Advocacy, and addresses investigations of alleged consumer rights violations conducted by the Department.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-1-2 Definitions

The following words or terms, when used in this Chapter shall have the following meaning, unless the context clearly indicates otherwise:

"Abuse" means the causing or permitting of harm or threatened harm to the health, safety, or welfare of a consumer by staff responsible for the consumer's health, safety, or welfare, including but not limited to:

(A) non-accidental physical injury or mental anguish;

(B) sexual abuse;

(D) use of mechanical restraints without proper authority;

(E) the intentional use of excessive or unauthorized force aimed at hurting or injuring the consumer; or

(F) deprivation of food, clothing, shelter, or healthcare by staff responsible for providing these services to a consumer; or

(G) verbal abuse.

"Advocate" means an employee of the Office of Consumer Advocacy, who provides assistance to consumers in exercising their rights, listens to their concerns, encourages them to speak for themselves, seeks to resolve problems, helps protect their rights, and seeks to improve the quality of the consumer's life and care.

"Advocate General" means the chief administrative officer of the ODMHSAS Office of Consumer Advocacy.

"Board" means Board of Mental Health and Substance Abuse Services.

"Community mental health center" or "CMHC" means a facility offering a comprehensive array of community-based mental health services, including but not limited to, inpatient treatment, outpatient treatment, partial hospitalization, emergency care, consultation and education; and, certain services at the option of the center, including, but not limited to, prescreening, rehabilitation services, pre-care and aftercare, training programs, and research and evaluation.

"Comprehensive basis of accounting" means a system of accounting other than GAAP, including but not limited to statutory basis, cash basis, or tax basis.

"Consumer" means an individual, adult or child, who has applied for, is receiving or has received mental health or substance abuse evaluation or treatment services from a facility operated or certified by ODMHSAS or with which ODMHSAS contracts.

"Consumer committee" or " Consumer government" means any established group within the facility comprised of consumers, led by consumers and which meets regularly to address consumer concerns to support the overall operations of the facility.

"Correctional institution" means any penal or correctional facility, jail, reformatory, detention center, work farm, halfway house or residential community program operated by, or under contract to, the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, for the confinement or rehabilitation of persons charged with or convicted of a criminal offense, or other persons held in lawful custody. Other persons held in lawful custody includes juvenile offenders adjudicated delinquent, aliens detained awaiting deportation, persons committed to mental institutions through the criminal justice system, witnesses, or others awaiting charges or trial.

"Crisis stabilization" means emergency, psychiatric, and substance abuse services for the resolution of crisis situations and may include placement of an individual in a protective environment, basic supportive care, and medical assessment, and, if needed, referral to an ODMHSAS certified facility having nursing and medical support available.

"Critical incident" means an occurrence or set of events inconsistent with the routine operations of a facility, service setting, or otherwise routine care of a consumer. Critical incidents specifically include, but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to consumers, staff, and visitors; medication errors; residential consumers that are absent without leave (AWOL); neglect or abuse of a consumer; fire; unauthorized disclosure of information; damage to or theft of property belonging to consumers or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.

"Department" or "ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse services.

"Designated record set" means health information, in any medium including paper, oral, video, electronic, film, audio and digital, maintained by or for facilities operated by ODMHSAS for the purpose, in whole or in part, for making decisions about a consumer, that is:

(A) The medical records about a consumer including but not limited to the intake, screenings, assessments, history and physical examination, psychosocial evaluation, consultation report(s), treatment and continuing care plan, medication record(s), progress notes, psychometric/psychological testing results, discharge assessment, discharge plan, discharge summary, physician orders, immunization record(s), laboratory reports, ancillary therapy notes and reports, and case management records; or

(B) The eligibility, billing and payment information and minimum data sets maintained by or for the facility.

(i) Administrative records including court commitment paperwork, critical incident reports or peer review documents; and

(ii) Information compiled in anticipation of litigation.

"Emergency detention" means the detention of a person who appears to be a person requiring treatment in a facility approved by the Commissioner of Mental Health and Substance Abuse Services as appropriate for such detention after the completion of an emergency examination and a determination that emergency detention is warranted for a period not to exceed one hundred twenty (120) hours, excluding weekends and holidays, except upon a court order authorizing detention beyond a one hundred twenty-hour period or pending the hearing on a petition requesting involuntary commitment or treatment as provided by 43A of the Oklahoma Statutes.

"Emergency examination" means the examination of a person who appears to be a mentally ill person, an alcohol-dependent person, or drug-dependent person and a person requiring treatment, and whose condition is such that it appears that emergency detention may be warranted, by a licensed mental health professional to determine if emergency detention of the person is warranted.

"Exploitation" or "exploit" means an unjust or improper use of the resources of a consumer for the profit or advantage, pecuniary or otherwise, of a person other than the consumer through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense.

"Facility" means a public or private agency, corporation, partnership, or other entity operated or certified by ODMHSAS or with which ODMHSAS contracts to provide the physical custody, detention or treatment of consumers.

"Generally Acceptable Accounting Principles" or "GAAP" means the authoritative set of accounting principles, standards, and procedures.

"Guardian" means a person appointed by a court to ensure the essential requirements for the health and safety of an incapacitated or partially incapacitated person. As used in this subchapter, guardian includes a general or limited guardian of the person, a general or limited guardian of the estate, a special guardian, and a temporary guardian.

"Licensed mental health professional" or "LMHP" means a practitioner who meets qualifications as defined in Title 43A § 1-103(11).

"Maltreatment" means abuse, neglect, exploitation, mistreatment, sexual abuse or exploitation, verbal abuse, and rights violations.

"Minor" means any person under the age of 18 years except any person convicted of a crime specified in Section 7306-1.1 of Title 10 of the Oklahoma Statutes or any person who has been certified as an adult pursuant to Section 7303-4.3 of Title 10 and convicted of a felony.

"Mistreatment" means an act or omission that results in or creates an unreasonable risk of harm to a consumer and that also:

(A) violates a statute, regulation, written rule, policy, procedure, directive, or accepted professional standards and practices; or

(B) unintentional excessive or unauthorized use of force.

"Money" means any legal tender, note, draft, certificate of deposit, stock, bond, check or credit card.

"Neglect" means:

(A) the failure of staff to provide adequate food, clothing, shelter, medical care or supervision which includes, but is not limited to, lack of appropriate supervision that results in harm to a consumer;

(B) the failure of staff to provide special care made necessary by the physical or mental condition of the consumer;

(C) the knowing failure of staff to provide protection for a consumer who is unable to protect his or her own interest; or

(D) staff knowingly causing or permitting harm or threatened harm through action or inaction that has resulted or may result in physical or mental injury.

"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. §256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. §256(A)(1)(a) and maintained in the Office of Administrative Rules.

"ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse Services.

"Program of Assertive Community Treatment" or "PACT" is a clinical program that provides continuous treatment, rehabilitation, and support services to persons with mental illness in settings that are natural to the consumer.

"Privacy Officer" means the employee of ODMHSAS designated to provide guidance on state and federal privacy laws.

"Program" means a structured set of activities designed and structured to achieve specific objectives relative to the needs of the clients.

"Resident" means a person residing in a residential care facility certified by ODMHSAS.

"Resident committee" or "Resident government" means any established group within the facility comprised of residents, led by residents and which meets regularly to address resident concerns to support the overall operations of the facility.

"Residential care facility" or "RCF" means any house, home, establishment or institution licensed pursuant to the provisions of the Oklahoma Residential Care Home Act 63 O.S., §§1-819 through 1-840, other than a hotel, fraternity or sorority house, or college or university dormitory, which is certified pursuant to 43 O.S. §3-315 as a Community Residential Mental Health Facility and offers or provides residential accommodations, food service and supportive assistance to its residents or houses any resident requiring supportive assistance that are ambulatory, essentially capable of managing their own affairs and not routinely requiring nursing care or intermediate care.

"Restraint" means manual, mechanical and chemical methods that are intended to restrict the movement or normal functioning of a portion of an individual's body.

"Seclusion" means the placement of an individual or individuals alone in a room or other area from which egress is prevented by a physical barrier, or some other means.

"Sentinel event" means a type of critical incident that is an unexpected occurrence involving the death or serious physical or psychological injury to a consumer, staff member, or visitor, or risk thereof. Serious injury specifically includes loss of limb or function. The phrase "or risk thereof" includes a variation in approved processes which could carry a significant chance of a serious adverse outcome. These events signal the need for immediate investigation and response. Sentinel events include, but are not limited to, suicide, homicide, assault and other forms of violence, including domestic violence or sexual assault, and adverse drug events resulting in serious injury or death. Sentinel events include occurrences that take place at the facility and/or during the delivery of services, as well as suicide and unintentional drug overdose deaths that occur at any time while an outpatient consumer is an active consumer and within seventy-two (72) hours of discharge from inpatient and residential settings, including sites certified under Chapter 23 of this Title.

"Sexual abuse" means:

(A) rape, incest, or lewd and indecent acts or proposals, as defined by state law, by staff;

(B) oral, anal or vaginal penetration of a consumer by staff;

(D) for the purpose of sexual gratification, the touch, feeling or observation of the body or private parts of a consumer by staff; or

(E) indecent exposure by staff providing services to the consumer.

"Sexual exploitation" by staff with regard to a consumer means:

(A) staff allowing, permitting or encouraging a consumer to engage in sexual acts with others or prostitution, as defined by state law, which results in harm to a consumer; or

(B) staff allowing, permitting, encouraging, or engaging in the lewd, obscene or pornographic photographing, filming or depicting of a consumer in those acts as defined by state law.

"Staff" means an agent or employee of a public or private institution or facility responsible for the care of a client or consumer and providing services to the client or consumer.

"Treatment Advocate" means a family member or other concerned individual designated by a consumer to participate in treatment and discharge planning, and acts in the best interest of and serves as an advocate for the consumer.

"Verbal abuse" means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors by staff that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation.

History

Added at 10 Ok Reg 4093, eff 7-26-93 ; Amended at 15 Ok Reg 2743, eff 7-1-98 ; Amended at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 654, eff 2-27-03 (emergency); Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 23 Ok Reg 1412, eff 7-1-06 ; Amended at 25 Ok Reg 2518, eff 7-11-08 ; Amended at 26 Ok Reg 2671, eff 7-25-09 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok Reg 1405, eff 7-1-13
Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Subchapter 3 Consumer Rights

Part 1 MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS

Okla. Admin. Code § 450:15-3-1 Applicability

This Part is applicable to all facilities and programs providing mental health and drug or alcohol abuse services either operated by, certified by, or under contract with, ODMHSAS or subcontracting through a facility which is under contract with ODMHSAS. Any violations of the provisions contained in this Chapter may be used for possible action on certification status, in accordance with Chapter 1 of this title.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 22 Ok Reg 2105, eff 7-1-05; Amended at 28 Ok Reg 903, eff 7-1-11

Okla. Admin. Code § 450:15-3-2 General rights statement

(a) Consumers of mental health or drug or alcohol abuse services shall retain all rights, benefits and privileges guaranteed by the laws and Constitution of the State of Oklahoma and the United States of America, except those specifically lost through due process of law.

(b) Each consumer has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect.

(d) Each consumer has the right to a humane psychological environment protecting them from harm, abuse, and neglect.

(e) Each consumer has the right to services suited to his or her conditions and needs for treatment without regard to his or her race, religion, gender, sexual orientation ethnic origin, age, degree of disability, handicapping condition, legal status.

(f) In addition to the rights described in (a) through (d) of this Section, all persons receiving mental health or drug or alcohol abuse services shall have the rights guaranteed by this Part, referred to as the Mental Health and Drug or Alcohol Abuse Services Bill of Rights, unless an exception is specifically authorized by this Part or an order of a court of competent jurisdiction.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06

Okla. Admin. Code § 450:15-3-3 Notification of the Bill of Rights

(a) Each consumer, upon admission to a facility or program, shall be notified of rights guaranteed by this Part.

(1) If the consumer is a minor, his parent or legal guardian shall also be informed.

(2) If the consumer has a court ordered guardian, the guardian shall be informed.

(b) Notification shall be accomplished by:

(1) Providing the consumer with a synopsis, as set forth in OAC 450:15-3-27 and, if requested, the full Mental Health and Drug or Alcohol Abuse Services Bill of Rights, OAC 450:15-3-6 through 450:15-3-25. If the consumer cannot understand the language in the synopsis, an oral explanation of the synopsis shall be given in a language the person can understand; and the provision of the Mental Health and Drug or Alcohol Abuse Services Bill of Rights shall be documented in the consumer's record and signed by the person giving the synopsis or explanation; and

(2) Posting the synopsis of, or the full Mental Health and Drug or Alcohol Abuse Services Bill of Rights, in a conspicuous place in each consumer living area, and in area(s) of the facility receiving consumers, visitors and the public.

(c) Facilities shall not have internal operating procedures more restrictive than the Mental Health and Drug or Alcohol Abuse Services Bill of Rights. Every consumer shall be notified of facility and unit procedures with which he or she is expected to comply, and consequences for non-compliance.

(d) Employees and volunteers shall be oriented regarding consumers' rights and the constraints of this Part.

(e) Adherence or compliance with all rights in this Chapter shall be demonstrated through review of policies, procedures, actions, and day to day operations of a facility.

History

Amended at 10 Ok Reg 4093, eff 7-26-93 ; Amended at 16 Ok Reg 1478, eff 7-1-99 ; Amended at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 30 Ok Reg 1407, eff 7-1-13

Okla. Admin. Code § 450:15-3-4 Right to contact relative or friend or attorney upon admission [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-5 Right to access to attorneys, personal physician, clergy [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-6 Communications and social contacts

(a) Consumers in inpatient settings are encouraged to engage with family and friends. Consumers are entitled to correspondence and visitation when clinically appropriate.

(b) Consumers admitted voluntarily and consumers admitted under emergency detention status are entitled to unimpeded, private and uncensored communication with persons of their choice unless a consumer's treatment team concludes that such communication is not clinically appropriate and documents reasons for this conclusion in the clinical record.

(c) Communication and visitation for all consumers, by phone or face-to-face, with legal counsel or clergy shall not be limited except as requested by individual attorneys or clergy members.

(d) Consumers admitted voluntarily and consumers admitted under emergency detention status shall be allowed to contact one individual immediately upon entry into such place of detention or admission for purposes of notification of the consumer's location (43A O.S. § 5-201).

(e) Each facility shall provide writing materials and reasonable amounts of postage to ensure correspondence can be written and mailed for those consumers who cannot procure these items. The facility director may establish procedures regarding the mailing, delivery and opening of consumer mail if determined necessary for security or safety. A consumer's correspondence may be restricted as determined by the treatment team. Either occurrence shall be documented in the consumer's clinical record.

(f) Each facility shall establish in writing reasonable times and places for the use of telephones and for visitation to consumers and treatment advocates. Each facility shall post hours for visitation. Requests for telephone usage or visitation outside the established hours shall be addressed on an individual basis by the consumer's treatment team.

(g) Telephone usage and visitation may be limited in addition to the provisions in (f) of this Section as determined by the treatment team for therapeutic reasons, which shall be documented in the clinical record. Limitations shall be reviewed at each treatment team meeting and shall not continue longer than clinically necessary. Limitations shall not be implemented for punitive reasons.

(h) Visitation using a HIPAA-compliant video conferencing platform in addition to in- person visitation shall be used to promote consumer engagement with family and friends when clinically appropriate.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 16 Ok Reg 1478, eff 7-1-99; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 24 Ok Reg 1420, eff 7-1-07
Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Okla. Admin. Code § 450:15-3-7 Service of legal papers [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-8 Right to freedom from maltreatment

(a) Staff shall not mistreat, maltreat, or otherwise abuse or neglect any consumer. Visitors or other consumers shall not be permitted to mistreat, maltreat or otherwise abuse or neglect any consumer.

(b) The facility director shall ensure a critical incident report is completed for each alleged occurrence of abuse or neglect and a copy is forwarded to the ODMHSAS division that is designated to review or investigate allegations of mistreatment, abuse or neglect.

(c) In cases of sexual or physical abuse, the person in charge of the facility shall promptly inform the County Sheriff or the District Attorney so that a criminal investigation can be initiated.

History

Amended at 10 Ok Reg 4093, eff 7-26-93 ; Amended at 15 Ok Reg 2743, eff 7-1-98 ; Amended at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 29 Ok Reg 493, eff 7-1-12 ; Amended at 30 Ok Reg 1408, eff 7-1-13

Okla. Admin. Code § 450:15-3-9 Right to freedom of movement

(a) Each consumer has the right to be treated in the least restrictive environment based on his or her clinical condition and legal status. The consumer's movement shall not be restricted more than is necessary to provide treatment services, to prevent injury to the consumer or others, or prevent substantial property damage.

(b) The right to treatment in the least restrictive environment shall not be withdrawn to punish or discipline a consumer, or for the convenience of staff or the facility.

(c) Restriction of this right shall be decided by the treatment team, documented in the consumer's record, and shall be reviewed at the request of the consumer.

(d) Seclusion and restraint may be administered to a non-consenting consumer upon the written order of a physician who has personally examined the consumer and who finds seclusion or restraint is necessary to protect the consumer or other persons. The physician shall document an explanation of the decision to administer seclusion and restraint in the consumer's record. This shall not prohibit emergency seclusion and restraint pending notification of a physician

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-10 Right to use of money

(a) A consumer has the right of access to his or her money that is deposited in the consumer's personal account at the facility. This access includes, but is not limited to funds the facility or employees of a facility manage on behalf of a consumer as a representative payee, but does not include money that is already encumbered on the consumer's behalf in accordance with payee rules and regulations.

(b) The Department, each consumer, or others advocating on behalf of the consumer must be provided upon request, evidence that the facility or facility personnel designated or acting as representative payees comply with this rule, and policies and reporting requirements stipulated by the payer of those funds. Payer requirements include, but are not limited to the stipulations mandated by the Social Security Administration, on behalf of consumers who are beneficiaries of Social Security and related benefits.

(c) The facility may require either all, or part, of the money which is on the person of a consumer, or which comes to a consumer, or which the facility receives on behalf of the consumer under a benefit arrangement, or otherwise, be deposited with the facility for safekeeping in a personal account in the consumer's name. The money, and transactions affecting it, shall be accounted for in the name of the consumer and recorded in the consumer's account records. Account records should be sufficiently detailed to identify each item deposited (e.g., date, source, description), each disbursement (e.g., date, payee, purpose), and include copies of documents reasonably necessary for a complete understanding of the financial transactions. The consumer, his or her attorney, or his or her legal guardian shall be provided a copy of the account and transactions at the consumer's or legal guardian's request.

(d) A consumer's easy access to his or her money and ability to spend money in his or her account may be denied or limited by the facility only after a determination is made by the treatment team, supported by facts, that the limitation is necessary and essential to prevent the consumer from unreasonably and significantly dissipating his or her assets. Any such denial shall be fully documented in the consumer's record. Even where denial is made, the consumer shall continue to be allowed to spend or use the money in ways which would not constitute unreasonable and significant dissipation of his or her assets or engaging in illegal activities including but not limited to exploitation of other consumers.

(e) The facility is prohibited from withdrawing funds from a consumer's personal account to pay for services rendered by the facility, except with the written consent of the consumer, if he or she is legally competent, or his or her legal guardian.

(f) Money in a consumer's personal account at the facility may be deposited with an outside financial institution at the request of the consumer if he or she is legally competent, or so deposited on the request of a legal guardian.

(g) All money, including earnings, in a consumer's personal account shall be delivered to the individual upon his or her release from the facility, or to his or her legal guardian if the individual is under a legal guardianship and the guardian requests the money be delivered to the guardian rather than directly to the individual.

(h) Facilities are required to keep, and the Department may regularly review, records of accounts at facilities to which (a) through (g) apply.

(1) Verification that consumers have been provided on-going access to documentation of the management of their own funds.

(2) Verification of compliance with Generally Acceptable Accounting Principles (GAAP) or with another comprehensive basis of accounting, and with specific requirements of payers of the funds, including but limited to the Social Security Administration.

(A) Account(s) for consumer(s) must be maintained separate from an organization's operating account.

(i) Accounts shall be properly titled to clarify the account is on behalf of the beneficiary (payee) or a group of beneficiaries (payees). Account titles shall not conflict with confidentiality laws.

(ii) If a group account is utilized, records shall clearly show the amount of each beneficiary's share within the account.

(iii) For beneficiaries with more than $500 aggregate funds, the funds shall be in an interest bearing account and each beneficiary shall be credited with his/her share of the interest.

(B) Accounting records must verify that the representative payee sets aside and makes readily available to the beneficiary, at least the amount stipulated by payer of the funds, including the Social Security Administration, per person per month to assist the beneficiary with personal needs.

(D) Consumers and facility representatives shall sign off on any monies spent on behalf of consumers as proof of agreement with the financial transaction. If approval of the transaction is not required for purchase, signatures shall still be required as an acknowledgement of the transaction.

(3) Any consumer complaints or finding of potential irregularity related to the management of consumer personal funds shall be referred for review or potential investigation to the appropriate authority, including but not limited to the Department, the Social Security Administration, and the Oklahoma State Auditor and Inspector.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 14 Ok Reg 2664, eff 6-27-97; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 28 Ok Reg 903, eff 7-1-11

Okla. Admin. Code § 450:15-3-11 Right to personal property

(a) Every consumer is entitled to receive, possess and use all his or her own personal property, except as limited in this section. The facility director may prohibit certain kinds of personal property. Exclusions shall be documented in the consumer's record and the consumer and his or her family shall be provided a written list of prohibited personal property upon admission. Access to specific personal property may be limited:

(1) to prevent theft, loss or destruction of property;

(2) to prevent the consumer from physically harming him or herself or others;

(3) if the personal property would interfere with the consumer's treatment plan;

(4) to eliminate the introduction of functionally unsafe equipment into the premises not already specifically controlled by OAC 450:15-3-11(a)(1); or

(5) as otherwise listed in facility policy.

(b) Any personal property removed from a consumer's control as determined by the treatment team, and the reasons therefore, shall be noted in the consumer's record. Any personal property so removed shall be safely and prudently stored until it can be returned to the consumer or turned over to a person designated by the consumer with a receipt for the property being obtained. If the facility has concerns of the safety of property being returned, every effort shall be made to turn the property over to a person of the consumer's choice.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-12 Right to practice religion of choice

Each consumer shall have the right to practice his or her religious beliefs and be accorded the opportunity for religious worship. No consumer shall be coerced into engaging in, or refraining from, any religious activity, practice or belief. A consumer who is an adherent to, or a member of, any recognized religious denomination, the principles and tenets of which teach reliance upon prayer or spiritual means alone for healing, shall have the right to choose this method of healing. Also, the parent of a minor person who has been admitted to a mental health facility shall have the right to choose healing by spiritual means through prayer rather than services provided by the facility.

(1) However, should the decision to refuse traditional treatment recommended by the treatment team result in danger to the consumer or others in the facility, the facility shall have the right to seek judicial relief.

(2) If the consumer has been admitted on a voluntary basis, and makes a decision to refuse traditional treatment recommended by the attending physician, the facility may decide not to serve the consumer and discharge him or her.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-13 Right to vote

Each consumer who is eligible to vote according to law has the right to vote in all primary and general elections. Each facility shall make reasonable efforts to enable eligible persons to register to vote, to obtain applications for absentee ballots and comply with other requirements which are prerequisite to voting, and to vote.

History

Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-14 Right to treatment

(a) Each consumer shall be provided with prompt, competent and appropriate individualized treatment that offers the consumer a realistic prospect of improvement. Consumers who have problems in multiple domains shall be provided with appropriately integrated attention to all of their needs within the context of the treatment program. Each consumer shall be afforded treatment by sufficient numbers of duly qualified facility personnel that meet applicable licensing or certification or accreditation standards and conform to applicable rules of ODMHSAS.

(b) Each consumer or his or her legal guardian shall have the opportunity to be involved in the consumer's treatment. An individual of the consumer's choice shall have the opportunity to be involved in the consumer's treatment with the consent of the consumer.

(c) Each consumer shall be free from unnecessary, inappropriate or excessive medication. Medications shall not be used for convenience of staff, to punish, or as a substitute for a treatment program.

(d) Each consumer shall have sufficient access during treatment to all prescribed and over-the-counter medications that allows for administration of the consumer's medications as prescribed or instructed by medical personnel and/or drug labels, with the exception that a physician within the treatment facility may provide consultation to the consumer regarding adverse reactions to the medication regimen and revise the medication regimen based on concerns regarding safety to the consumer. The consumer shall be informed of any changes made and such situations shall be documented in the consumer's record, including documentation of how the consumer was informed.

(e) If the consumer is involuntarily committed, consideration shall also be given to whether the conditions that resulted in the consumer's commitment still exist.

(f) Each consumer shall be informed of his or her proposed and ongoing treatment, including participation in his or her treatment plan and of the reasonable expectations and consequences of his or her following or not following the plan.

(g) Each consumer who has a co-occurring disorder shall receive services for those disorders. No program shall deny services to a consumer for any disorder solely because that consumer is displaying symptoms of, or receiving treatment for a co-occurring disorder of another type.

(h) Each consumer is entitled to receive a thorough treatment plan update to determine the value and appropriateness of the present care and treatment being received, and the necessity of continuing the consumer's care in the facility rather than in a less restrictive environment outside the facility.

(i) Each consumer shall be informed of said rights including the right of each consumer voluntarily admitted to refuse treatment and the qualified right of an involuntary consumer to refuse treatment, which shall be noted in the consumer's record.

(j) Each consumer shall be informed of the benefits, risks (including side effects, both long and short term) of medications prescribed.

(k) In the presence of a significant change in the consumer's condition which creates an emergency condition and danger to the consumer or to others, the attending physician may order necessary treatment for the consumer without obtaining informed consent. The circumstances constituting the emergency condition shall be documented in the consumer's record.

(l) Each consumer has the right to know why services are refused and the program shall provide a written explanation concerning the reason he or she was refused certain services.

(m) Each consumer shall not be subject to unnecessary, inappropriate or unsafe termination from treatment. Discharge shall not take place as punishment for displaying symptoms of the consumer's disorder.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06
Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Okla. Admin. Code § 450:15-3-15 Right to periodic review of treatment plan [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-16 Rights regarding medication and treatment during pre-screening detention

(a) During the detention periods authorized by 43A O.S. § 5-204 or during the time set forth for emergency examination, appropriate treatment and medication including psychotropic medications, may be administered to a consenting individual.

(b) If a consumer refuses medication and constitutes a risk of harming self or others, then it is the physician's responsibility to initiate emergency detention or involuntary commitment pursuant to 43A O.S. §§ 5-206, et seq.

(c) Treatment and medication may be administered to a non-consenting individual under the following conditions pursuant to43A O.S. § 5-204:

(1) upon a written order of a physician who has personally examined the consumer; and

(2) who finds an emergency exists wherein such medication or treatment is necessary to protect the consumer, the facility, or others from serious bodily harm; and

(3) who so notes the emergency in the individual's medication record, with an explanation of the facts leading up to the decision to administer treatment and medication, including psychotropic medication. Use of involuntary medication shall not continue beyond the emergency unless either the consumer consents or the consumer is declared legally incompetent and the guardian consents.

(d) Seclusion and restraint may be administered to a non-consenting individual under the following conditions pursuant to 43A O.S. § 5-205:

(1) Upon the written order of a physician who has personally examined the consumer;

(2) Who finds that seclusion or restraint is necessary to protect the consumer, the facility, or other persons.

(3) The physician shall note in the patient's chart an explanation of the decision to administer seclusion and restraint. This shall not prohibit emergency seclusion and restraint pending notification of a physician.

(e) If the person is under the influence of psychotropic medication during any court hearing held pursuant to 43A O.S. § 5-400, the court and the jury, if any, shall be advised by the District Attorney at the beginning of such hearing that such consumer is under the influence of psychotropic medication, the purpose and effect of the medication.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 17 Ok Reg 2122, eff 7-1-00; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06

Okla. Admin. Code § 450:15-3-17 Right to informed consent regarding treatment [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-18 Right to consultant opinions

(a) Every consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense and the facility shall not impede access between the consultant and the consumer.

(b) Every consumer shall have a right to an internal consultation upon request, at no expense. The second opinion shall become part of the consumer record.

(c) The facility's medical director shall review the second opinion as well as the treatment team's opinion and shall document decision.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-19 Right to access additional information

Each consumer shall be informed of the following:

(1) Present and future use and disposition of products of special observation and audiovisual techniques such as tape recorders, television, movies and photographs in which he or she voluntarily participated;

(2) The right to refuse to participate in any research project;

(3) The costs, itemized when possible, of services rendered to the consumer, the source of the facility's reimbursement and any limitation placed on duration of services;

(4) Right to access and view all information held by ODMHSAS and which is subject to the Open Records Act.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02

Okla. Admin. Code § 450:15-3-20 Rights regarding release of consumer related information either contained in the medical record or otherwise held by the facility [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 654, eff 2-27-03 (emergency); Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-20.1 Consumer rights regarding confidentiality of mental health and drug or alcohol abuse treatment information

(a) All mental health and drug or alcohol abuse treatment information, whether recorded or not, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential. In addition, the identity of all consumers who have received or are receiving mental health or drug or alcohol abuse treatment services is both confidential and privileged. Such information shall only be available to persons or agencies actively engaged in the treatment of the consumer unless an exception under state or federal law applies. The information available to persons or agencies actively engaged in the treatment of the consumer shall be limited to the minimum amount of information necessary for the person or agency to carry out its function or the purpose for the release. Nothing in this section shall prohibit disclosure of information as required in 22 O.S. § 1175.

(b) A consumer or his or her legally authorized representative shall have the right to request access to the consumer's own mental health and drug or alcohol abuse treatment information as provided for in 450:15-3-60.

(c) All facilities shall have policy and procedures protecting the confidential and privileged nature of mental health and drug or alcohol abuse treatment information in compliance with state and federal law and which contain at a minimum:

(1) an acknowledgment that all mental health and drug or alcohol abuse treatment information, whether recorded or not, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential and will not be released without the written consent of the consumer or the consumer's legally authorized representative;

(2) an acknowledgment that the identity of a consumer who has received or is receiving mental health or drug or alcohol abuse treatment services is both confidential and privileged and will not be released without the written consent of the consumer or the consumer's legally authorized representative except as otherwise permitted by state and federal law;

(3) a procedure to limit access to mental health and drug or alcohol abuse treatment information to only those persons or agencies actively engaged in the treatment of the patient and to the minimum amount of information necessary to carry out the purpose for the release;

(4) a procedure by which a consumer, or the consumer's legally authorized representative, may access the consumer's mental health and drug or alcohol abuse treatment information;

(5) an acknowledgement that certain state and federal law exceptions to disclosure of mental health and drug or alcohol abuse treatment information without the written consent of the consumer or the consumer's legally authorized representative exist and the facility will release information as required by those laws; and

(6) a procedure by which to notify a consumer of his or her right to confidentiality at admission.

(d) A facility disclosing information pursuant to a written consent to release information shall ensure the written consent form complies with all applicable state and federal law and contains at a minimum the following:

(1) the name of the person, program or entity permitted to make the disclosure;

(2) the name or title of the person or the name of the organization to which disclosure is to be made;

(3) the name of the consumer whose records are to be released;

(4) a description of the information to be disclosed;

(5) the purpose for the disclosure;

(6) the signature of the consumer or the consumer's legally authorized representative;

(7) the date the consent to release was signed by the consumer or the consumer's legally authorized representative;

(8) a statement indicating that treatment services are not contingent upon or influenced by the consumer's decision to permit the information release;

(9) an expiration date, event or condition which shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given;

(10) a statement of the right of the consumer, or the consumer's legally authorized representative, to revoke the consent to release in writing and a description of how the patient may do so;

(11) a confidentiality notice which complies with state and federal law; and

(12) a statement in bold type stating "The information authorized for release may include records which may indicate the presence of a communicable or non-communicable disease."

(e) Unless an exception applies, all facilities operated by ODMHSAS will provide consumers with a copy of the ODMHSAS Notice of Privacy Practices.

(f) Compliance with 450:15-3-20.1 shall be determined by a review of facility policy and procedures; facility forms; consumer record reviews; interviews with staff and consumers; and any other supporting facility documentation.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03; Amended at 25 Ok Reg 2518, eff 7-11-08
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Okla. Admin. Code § 450:15-3-20.2 Validity of written consent

(a) A consumer's written consent for the release of information shall be considered valid only if the following conditions have been met and documented in writing:

(1) The consumer is informed, in a manner that assures his or her understanding, of the specific type(s) of information that has been requested, and the period of time for which the information has been requested;

(2) The consumer is informed of the purpose or need for the information;

(3) Services are not contingent upon the consumer's decision concerning authorization for the release of information; and

(4) The consumer gives his or her consent freely and voluntarily.

(b) Compliance with 450:15-3-20.2 shall be determined by a review of the consent for disclosure; and consumer interviews.

History

Added at 25 Ok Reg 2518, eff 7-11-08

Okla. Admin. Code § 450:15-3-21 Rights regarding labor by consumers

(a) A consumer may perform labor which contributes to the operations and maintenance of the facility for which the facility would otherwise employ an individual under all the following conditions:

(1) The consumer voluntarily agrees to perform the labor;

(2) Engaging in the labor would not be inconsistent with the consumer's treatment plan;

(3) The amount of time or effort necessary to perform the labor would not be excessive as determined by and outlined in the treatment plan;

(4) The consumer is compensated appropriately and in accordance with the applicable federal and state minimum wage laws; and

(5) Discharge and privileges are not conditioned upon the performance of such labor.

(b) The provisions of this section shall not apply to bonafide "work therapy" which is part of the consumer's treatment plan. Work therapy shall be:

(1) in the best interest of the consumer;

(2) therapeutic in nature and purpose;

(3) part of the consumer's documented treatment plan;

(4) documented in the consumer's record with a rationale for the work therapy;

(5) voluntarily entered into by the consumer;

(6) compensated by the facility at a rate derived from the value of the work performed; and

(7) compensated in accordance with federal and state minimum wage laws if the primary benefit is to the facility.

(d) Subsections (a), (b) and (c) of this section shall not apply to matters of personal housekeeping, personal maintenance, communal living or tasks oriented to improving life skills. These activities shall not primarily benefit the facility.

(e) Payment pursuant to this section shall not be applied by the facility to offset the costs of maintenance of persons receiving treatment in the facility, unless the consumer authorized such payment or offset in writing.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-22 Rights regarding consumer government

(a) Consumers are entitled, and should be encouraged to, establish a consumer committee(s), or consumer government(s), by unit or facility.

(b) The committee(s) established by consumers may establish their own rules regarding frequency of meetings, election of officers, and other rules governing the activities of the consumer government.

(d) Staff shall assist consumers in establishing such a government, if they so desire, and allow a consumer representative, chosen by said group, to bring consumer views to staff meetings. The facility shall keep a record of the opinions or concerns expressed by the consumers' government at the facility.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02

Okla. Admin. Code § 450:15-3-23 Right to assert grievances [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-23.1 Right to assert grievances

(a) A consumer shall have a right to assert grievances with respect to an alleged infringement of his or her rights and shall have the right to have such grievances considered through a fair, timely and impartial grievance procedure.

(b) No consumer shall be retaliated against, coerced, or treatment altered either solely or partially because of his or her having asserted, a grievance regarding his or her rights.

(c) Copies of all grievances shall be forwarded to the Department's Office of Consumer Advocacy within 24 hours of the filing. Copies of all grievance documentation and written resolution of the grievance shall be forwarded to the Department's Office of Consumer Advocacy within 24 hours of the written notice being delivered to the consumer.

History

Added at 21 Ok Reg 1726, eff 7-1-04; Amended at 28 Ok Reg 903, eff 7-1-11

Okla. Admin. Code § 450:15-3-24 Right to competence examination and statement [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-25 Right to information and services to be provided consumers being discharged

(a) Each consumer shall be involved in his or her discharge planning. With the permission of the consumer, an individual of his or her choice shall be encouraged to be involved in the consumer's discharge planning and afforded such involvement.

(b) No consumer, except when the consumer is discharged to a correctional facility, shall be discharged without:

(1) Sufficient medications to enable the consumer to continue the course of medication prescribed until an initial outpatient appointment pursuant to 43A O.S. § 7-102 (B);

(2) A referral and appointment, in writing, with a community-based facility for aftercare and followup, if consumer accepts such referral;

(3) Clothing suitable to the season and weather;

(4) Presence, or provision for, transportation to the place to which consumer has been discharged; and

(5) All the consumer's funds being returned to the consumer.

(c) Consumers may refuse any or all of (b) of this Section. For consumers released by the court, at a hearing for commitment it may not be possible to provide all of the requirements specified in this section. Such situations must be documented in the consumer's clinical record.

(d) As a part of the regular discharge planning procedure, consumers likely to be in need of public assistance after their discharge from the facility, shall be assisted in meeting with the local County Department of Human Services worker and in making application for any benefits for which they may be eligible.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 17 Ok Reg 2122, eff 7-1-00; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-26 Right to freedom from retaliation [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-27 Synopsis of the bill of rights

(a) The synopsis in (b) of this Section shall be used when an abbreviated format of OAC 450:15-3-6 through 450:15-3-25 is used to supply a consumer or others with an overview of the bill of rights. The Synopsis of the bill of rights shall not substitute for, or replace a facility's obligation to abide by the full listing of rights cited in this Title. A copy of the synopsis shall be prominently posted in each consumer treatment unit and in consumer admissions, visiting and public areas.

(b) Facilities with physical custody of a consumer or where consumers remain for round-the-clock support or care, or where the facility has immediate control over the setting where a consumer resides, shall support and protect the fundamental human, civil, and constitutional rights of the individual consumer. Each consumer has the right to be treated with respect and dignity and will be provided the synopsis of the Bill of Rights as listed below.

(1) Each consumer shall retain all rights, benefits, and privileges guaranteed by law except those lost through due process of law.

(2) Each consumer has the right to receive services suited to his or her condition in a safe, sanitary and humane treatment environment regardless of race, religion, gender, ethnicity, age, degree of disability, handicapping condition, or sexual orientation.

(3) Each consumer, on admission, shall have the absolute right to private uncensored communication with persons of his/her choice by phone or mail, at the facility's expense if the consumer is indigent, and by personal visit.

(4) Each consumer retains the right of confidential communication with persons of his/her choice. A consumer's right to contact the ODMHSAS Advocate's Office, Inspector General's Office, their attorney, personal physician, or clergy shall not be limited by the facility.

(5) Each consumer is entitled to uncensored private communication (letter, telephone, personal visits); such letters or copies of letters shall not be kept in consumer treatment records.

(6) No consumer shall be subject to maltreatment or otherwise abused by staff, visitors, or other consumers.

(7) Each consumer shall receive treatment in the least restrictive environment and have the maximum freedom of movement consistent with his or her clinical condition and legal status.

(8) Each consumer shall have easy access to his or her personal funds deposited with the finance office, and shall be entitled to an accounting.

(9) Each consumer may have his or her own clothing and other personal possessions.

(10) Each consumer shall have the right to practice his or her religious belief and be accorded the opportunity for religious worship. No consumer shall be coerced into engaging in or refraining from any religious activity, practice, or belief.

(11) Each consumer legally entitled to vote shall be assisted to register and vote when they so request.

(12) Each consumer shall be provided with prompt, competent, and appropriate treatment; and an individualized treatment plan. A consumer shall participate in his or her treatment programs and may consent or refuse to consent to the proposed treatment. The right to consent or refuse to consent may be abridged for those consumers adjudged incompetent by a court of competent jurisdiction and in emergency situations as defined by law. Additionally, each consumer shall have the right to the following:

(A) Allow the guardian of the consumer and/or another individual of the consumer's choice to participate in the consumer's treatment and with the consumer's consent;

(B) To be free from unnecessary, inappropriate, or excessive treatment;

(D) To receive treatment for co-occurring disorders if present;

(E) To not be subject to unnecessary, inappropriate, or unsafe termination from treatment; and

(F) To not be discharged for displaying symptoms of the consumer's disorder.

(13) Every consumer's record shall be treated in a confidential manner.

(14) No consumer shall be required to participate in any research project or medical experiment without his or her informed consent as defined by law. Refusal to participate shall not affect the services available to the consumer.

(15) A consumer may voluntarily participate in work therapy and must be paid fair compensation. However, each consumer is responsible for personal housekeeping tasks without compensation.

(16) A consumer shall have the right to assert grievances with respect to an alleged infringement on his or her rights.

(17) Consumer shall be permitted to establish and participate in a consumer committee or consumer government by unit or facility wide.

(18) A consumer being discharged shall have plans for outpatient treatment, sufficient medication, suitable clothing for the season, housing information and referral, and if consumer permits, family involvement in the plan.

(19) Each consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense or a right to an internal consultation upon request at no expense.

(20) No consumer shall be retaliated against or subjected to any adverse change of conditions or treatment because the consumer asserted his or her rights.

(21) Most rights may be limited by the treatment team for therapeutic reasons, including safety of the consumer or other consumers and staff in the facility. These limitations must be documented in the clinical record, reviewed frequently, and shall not be limited for purposes of punishment, staff convenience, or in retaliation for a consumer exercising any of his/her rights.

(c) Programs providing treatment or services without the physical custody or where consumers do not remain for round-the-clock support or care, or where the facility does not have immediate control over the setting where a consumer resides, shall support and protect the fundamental human, civil, and constitutional rights of the individual consumer. Each consumer has the right to be treated with respect and dignity and will be provided the synopsis of the Bill of Rights as listed below.

(1) Each consumer shall retain all rights, benefits, and privileges guaranteed by law except those lost through due process of law.

(3) No consumer shall be neglected or sexually, physically, verbally, or otherwise abused.

(4) Each consumer shall be provided with prompt, competent, and appropriate treatment; and an individualized treatment plan. A consumer shall participate in his or her treatment programs and may consent or refuse to consent to the proposed treatment. The right to consent or refuse to consent may be abridged for those consumers adjudged incompetent by a court of competent jurisdiction and in emergency situations as defined by law. Additionally, each consumer shall have the right to the following:

(A) Allow other individuals of the consumer's choice participate in the consumer's treatment and with the consumer's consent;

(B) To be free from unnecessary, inappropriate, or excessive treatment;

(D) To receive treatment for co-occurring disorders if present;

(E) To not be subject to unnecessary, inappropriate, or unsafe termination from treatment; and

(F) To not be discharged for displaying symptoms of the consumer's disorder.

(5) Every consumer's record shall be treated in a confidential manner.

(6) No consumer shall be required to participate in any research project or medical experiment without his or her informed consent as defined by law. Refusal to participate shall not affect the services available to the consumer.

(7) A consumer shall have the right to assert grievances with respect to an alleged infringement on his or her rights.

(8) Each consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense or a right to an internal consultation upon request at no expense.

(9) No consumer shall be retaliated against or subjected to any adverse change of conditions or treatment because the consumer asserted his or her rights.

(d) Each affected facility and program shall have written policy and implementing procedures, and shall provide documented staff training to insure the implementation of each and every consumer right stated in this Chapter.

(e) Each affected facility and program shall have written policy and implementing procedures to insure each consumer enjoys, and has explained to him or her, these rights, and these rights are visibly posted in both consumer and public areas of the facility.

(f) The ODMHSAS Office of Consumer Advocacy and the ODMHSAS Office of the Inspector General, in any investigation or monitoring shall have access to consumer, facility or program records and staff as set forth in this Chapter.

(g) All facilities that are certified by, operated by, or contracted with the Department shall post the contact information for the ODMHSAS Office of Inspector General and ODMHSAS Office of Consumer Advocacy prominently in each consumer treatment unit and in consumer admissions, visiting and public areas.

History

Added at 10 Ok Reg 4093, eff 7-26-93 ; Amended at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok Reg 1408, eff 7-1-13

Okla. Admin. Code § 450:15-3-28 Right to name a Treatment Advocate

(a) All adult mental health consumers being served by a licensed mental health professional shall be informed by the LMHP or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate. The program shall have written policies and procedures ensuring this provision.

(b) The consumer shall not be coerced, directly or indirectly, into naming or not naming a Treatment Advocate or choice of Treatment Advocate or level of involvement of the Treatment Advocate. Any individual so designated shall at all times act in the best interests of the consumer and comply with all conditions of confidentiality.

(c) No limitation may be imposed on a consumer's right to communicate by phone, mail or visitation with his or her Treatment Advocate, except to the extent that reasonable times and places may be established.

(d) The Treatment Advocate may participate in the treatment planning and discharge planning of the person being served to the extent consented to by the consumer and permitted by law.

(e) The consumer and Treatment Advocate shall be notified of treatment and discharge planning meetings at least 24 hours in advance.

(f) All LMHPs or mental health treatment facilities shall use a Treatment Advocate Designation form which will minimally include:

(1) the consumer's choice to name or not name a Treatment Advocate;

(2) identify any specifically named person;

(3) indicate the level of involvement the identified Treatment Advocate shall have.

(4) a space where the Treatment Advocate will indicate his or her intention of serving according to the consumer's specifications;

(5) an agreement that the Treatment Advocate will comply with all standards of confidentiality; and

(6) both the signature of the consumer and the Treatment Advocate.

(g) Verbal confirmation of the written information proposed in the form shall be permitted until such time as the Treatment Advocate can be present to sign the designated form.

(h) The consumer may change or revoke the designation of a treatment advocate at any time and for any reason.

(i) A copy of the completed form shall be given to the consumer and the treatment advocate. The original shall be maintained in the consumer's record.

(j) The Treatment Advocate form shall be reviewed with the consumer at each point of treatment planning and treatment planning review to afford the consumer an opportunity for review and amendment.

History

Added at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-29 Access to services for consumers with disabilities

(a) Facilities and organizations providing mental health or substance abuse services who are certified by, operated by, or under contract with the Department shall not discriminate against consumers with disabilities and shall provide consumers with disabilities access to services in accordance with state and federal law, including but not limited to the American's with Disabilities Act and amendments thereto.

(b) Facilities and organizations providing mental health or substance abuse services who are certified by, operated by, or under contract with the Department shall provide information on a consumer's disability in any referral or transfer so that accommodations by the receiving facility or organization can be made prior to a consumer's arrival for the continuation of continuity of care.

(c) Facilities and organizations providing mental health or substance abuse services who are certified by, operated by, or under contract with the Department shall develop policies and procedures on how consumers with disabilities will have access to the services they provide.

History

Added at 28 Ok Reg 903, eff 7-1-11

Part 3 CONSUMER GRIEVANCE PROCEDURE

Okla. Admin. Code § 450:15-3-35 Applicability

This Part is applicable to those facilities operated by, certified by, or under contract with, or subcontracting through a facility which is under contract with ODMHSAS, the Oklahoma Department of Mental Health and Substance Abuse Services pursuant to 43A O.S. § 2-102, et seq and which provide inpatient or residential services.

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-36 Policy, procedures and provisions for grievances, ODMHSAS operated facilities [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-37 Response to documented emergency/treatment decision [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-38 Treatment team [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-39 Administrative review [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-40 Hearing board [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-41 Appeal [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-42 Responsibility of Patient Advocate Office [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-43 Grievance Hearing ODMHSAS operated facilities [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-44 Appeals [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-45 Consumer Grievance Policy and Procedures and local advocacy activities

Facilities shall have a written grievance policy that includes:

(1) A written notice of the grievance procedure is provided to each consumer or guardian and to an individual of the consumer's choice at admission;

(2) Time frames for the grievance procedures which allow for an expedient resolution of consumer grievance(s);

(A) Inpatient and residential programs shall be a seven (7) day timeframe;

(B) Outpatient, intensive outpatient and day treatment programs shall be a fourteen (14) day timeframe;

(C) Crisis stabilization, medical detoxification and social detoxification programs shall have a three (3) day timeframe;

(3) A procedure for advising the consumer he or she has the right to make a complaint to the facility's local advocate or the ODMHSAS Consumer Advocacy Division and the mechanism for contacting the Consumer Advocacy Division. A consumer shall have unimpeded and confidential access to the facility's local advocate and the ODMHSAS Office of Consumer Advocacy. No policy or procedure shall require contact with the facility's local advocate prior to contacting the ODMHSAS Office of Consumer Advocacy;

(4) The procedure by which consumers are notified of the specific name(s) of the individual(s) responsible for coordinating the program's grievance procedure; the individual responsible for or authorized to make decisions for resolution of the grievance; and the specific name(s) of the individual(s) acting as the facility's local advocate. The individual responsible for or authorized to make decisions regarding grievances shall be impartial. In the instance where the decision making is the subject of a grievance, decision making authority shall be delegated. The designated local advocate shall work with facility staff and contractors to ensure the needs of consumers are met at the lowest level possible and that consumer rights are enforced and not violated;

(5) The provision of written notification to the consumer of the grievance outcome and mechanism by which an individual may appeal the outcome;

(6) ODMHSAS operated facility procedures shall include a process by which the consumer may appeal the grievance outcome to the Commissioner or designee;

(7) A mechanism to monitor the grievance process and improve performance based on outcomes;

(8) An annual review of the grievance policy and procedure including providing copies of updated grievance policy and procedure information to the Office of Consumer Advocacy when requested; and

(9) The ongoing monitoring of the grievance process and, based on outcomes, adjust and improve processes;

(10) The individual(s) designated as a facility's local advocate shall be responsible for coordinating and monitoring the facility's advocacy activities and contacts with the ODMHSAS Office of Consumer Advocacy. Duties of the facility's local advocate shall include, but is not limited to:

(A) Serve as the on-sight advocate for consumers being treated or under the care of the program or facility and act as a liaison to the ODMHSAS Office of Consumer Advocacy. Such activities may include

(i) Assist consumers in filing grievances;

(ii) Serve as resource for consumers for questions or information dissemination about the facility, admission and discharge processes, or other basic human needs while in treatment; and

(iii) Make contact with consumers involved in or who witness Critical Incidents or Sentinel Events while in treatment to ensure needs are being met.

(B) Serve as facility or program liaison to the Office of Consumer Advocacy in advocacy activities.

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 24 Ok Reg 1420, eff 7-1-07; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11; Amended at 29 Ok Reg 493, eff 7-1-12
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Part 5 DEPARTMENT APPROVED SYNOPSIS - DOMESTIC VIOLENCE/SEXUAL ASSAULT SHELTER RESIDENTS' BILL OF RIGHTS [REVOKED]

Okla. Admin. Code § 450:15-3-52 Applicability [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-3-53 Domestic violence/sexual assault shelter residents' general rights statement [REVOKED]

History

Amended at 10 Ok Reg 4093, eff 7-26-93

Part 7 CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS

Okla. Admin. Code § 450:15-3-60 Right to access designated record set from facilities operated by ODMHSAS

The process for requesting access to read or request copies of the designated record set from ODMHSAS facilities is as follows:

(1) The consumer shall obtain a Consent for Release of Confidential Information form from the facility's health information department, complete it and submit it to the facility's health information department director or designee. If the consumer requests a copy from the designated record set, the facility may charge the consumer a fee of twenty-five cents ($0.25) per page for copying the information and the actual mailing expenses when applicable.

(2) If the facility does not possess the information the consumer requests but knows where it is maintained, the health information department shall inform the consumer where to direct the request.

(3) The health information department shall coordinate the request for access to the designated record set with the person in charge of the care and treatment of the consumer.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03; Amended at 25 Ok Reg 2518, eff 7-11-08

Okla. Admin. Code § 450:15-3-61 Denial of Access to the Designated Record Set from Facilities Operated by ODMHSAS

(a) ODMHSAS may deny, in whole or in part, the designated record set under certain conditions. Some denials provide the consumer with a right to a review of the denial while others do not.

(b) The consumer does not have a right of review for a denial of access if the denial is made on the following bases:

(1) If the facility is a correctional institution or acting under the direction of a correctional institution, and access to a copy of the information in the designated record set would jeopardize the health, safety, security, custody or rehabilitation of the consumer or other inmates, or the safety of any officer, employee or other person at the correctional institution or responsible for the transporting of the consumer.

(2) The information in the designated record set was obtained by the facility in the course of research that includes treatment of the research participants, while such research is in progress, provided the consumer has agreed to the denial of access in conjunction with the consumer's consent to participate in the research and the facility has informed the consumer the right of access will be reinstated upon completion of the research.

(3) The information in the designated record set was obtained under a promise of confidentiality from someone other than a health care provider and such access would be reasonably likely to reveal the source of the information.

(1) A licensed mental health professional has determined, in the exercise of professional judgment, that access to the designated record set by the consumer is reasonably likely to endanger the life or physical safety of the consumer or another person;

(2) The requested designated record set makes reference to another person unless such other person is a health care provider and a licensed mental health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to such other person; or

(3) The request for access is made by the consumer's personal representative and a licensed mental health professional has determined, in the exercise of professional judgment, that the provision of access to such personal representative is reasonably likely to cause substantial harm to the consumer or another person.

(d) In lieu of providing access to the designated record set, the facility may provide the consumer with a summary of the requested information, if the consumer agrees in advance to such a summary.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-62 ODMHSAS action on consumer's request for access to the designated record set from facilities operated by ODMHSAS

(a) ODMHSAS shall act on the request for access to the designated record set within the following time periods:

(1) If the requested information from the designated record set is readily available, the health information department shall within thirty (30) days of the receipt of the request inform the consumer of the approval or denial of the request and if approved provide the access to the designated record set; or

(2) If the requested information is not stored on the facility premises, the health information department shall within sixty (60) days from receipt of request inform the consumer of the approval or denial of the request and if approved provide the access to the designated record set.

(b) If the health information department is unable to provide response within these timeframes, it shall send a letter to the consumer, which shall inform the consumer of the delay and state the date by which a response to the request will be provided. The deadline can be extended for no more than 30 additional days and the facility may extend the deadline once per request for access.

(c) If a decision is made to deny the request for access, the health information department of the facility shall send the consumer a letter stating the basis of the denial and, if applicable, providing a statement of the consumer's right for review of the denial and how to exercise such review rights. The letter must also include a description of how the consumer may complain to the ODMHSAS Office of Consumer Advocacy or to the U.S. Secretary of the Department of Health and Human Services. The description must also include the name, or title, and telephone number of the Office of Consumer Advocacy.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-63 Consumer's request for review of denial of access to the designated record set from facilities operated by ODMHSAS

(a) If a facility denies a request for access to the designated record set on the basis of one of the grounds for denial for which review is available, the consumer may initiate the review process by making a request for review of the denial in writing and submitting it to the ODMHSAS Privacy Officer at 2000 N. Classen, Suite E600, Oklahoma City, Oklahoma 73106.

(b) The ODMHSAS Privacy Officer or designee shall select a licensed mental health professional, who did not participate in the original decision to deny access, to review the denial. This reviewer will complete the review within a reasonable period of time and forward his or her findings to the ODMHSAS Privacy Officer or designee. The reviewer's decision is final.

(1) If a decision is made to grant access, the letter will explain the process to fulfill the request for access.

(2) If a decision is made to uphold the denial of access, the letter shall state the reasons for denial.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 10/1/2017

Okla. Admin. Code § 450:15-3-64 Right to Request Amendment of Designated Record Set from Facilities Operated by ODMHSAS

Except as provided herein, a consumer has a right to request an amendment of his or her health information in the designated record set from facilities operated by ODMHSAS for as long as the facility maintains the information.

(1) A consumer shall request the amendment in writing to the health information department of the facility and provide a reason to support the requested amendment.

(2) The facility shall have sixty (60) days to act on the request to amend the information, unless the facility sends the consumer a letter within the initial sixty (60) day period stating the time period will be extended up to an additional thirty (30) days, explaining the need and reasons for delay and providing a date by which the consumer can expect a decision.

(3) If the facility agrees to the requested amendment, in whole or in part, it must:

(A) Make the amendment by, at minimum, identifying the affected records and appending or otherwise providing a link to the location of the amendment;

(B) Timely inform the consumer the amendment is accepted;

(C) Obtain the consumer's agreement to have the facility with which the amendment needs to be shared. Relevant persons include:

(i) Persons identified by the consumer as needing the amendment;

(ii) Persons the facility identifies as having relied or could foresee ably rely on the unamended information previously provided to them.

(D) Make reasonable efforts to inform and timely provide the amendment to those persons.

(4) The facility may deny a request for amendment if it determines that one of the following reasons exists:

(A) The information that is the subject of the request was not created by the facility, unless the consumer can provide a reasonable basis to believe that the originator of the information is no longer available to act on the requested amendment.

(B) The information that is the subject of the request is not part of the designated record set;

(5) If the facility denies the amendment, in whole or part, it must:

(A) Provide the consumer with a timely denial, written in plain language and including:

(i) The basis for denial;

(ii) Notice of the consumer's right to submit a written statement of disagreement; and instructions on how to file the statement;

(iii) A statement that if the consumer does not submit a statement of disagreement, the consumer may request the facility provide the consumer's request for amendment and the denial with any future disclosures of the designated record set; and

(iv) Notice that the consumer may complain about the decision to the ODMHSAS Office of Consumer Advocacy or to the U.S. Secretary of the Department of Health and Human Services;

(B) Permit the consumer to submit a one (1) page statement of disagreement;

(D) As appropriate, identify the part of the record subject to the disputed amendment and append or otherwise link the request, the denial, and any statement of disagreement or rebuttal to the record;

(E) For future disclosures of the designated record set, include any statement of disagreement or, in response to the consumer's request, the amendment request and the denial (or an accurate summary of either of the foregoing).

(6) If the facility is informed by a healthcare provider or health plan, such as an insurance company, about an amendment to a consumer's information in the designated record set, the facility must amend the information in its record by, at a minimum, identifying the affected records and appending or otherwise providing a link to the location of the amendment.

(7) The facility must document the titles of the persons or offices responsible for receiving and processing requests for amendments and maintain the list for a period of six (6) years.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-65 Right to Request Confidential Communications from Facilities Operated by ODMHSAS

(a) Facilities operated by ODMHSAS shall accommodate reasonable requests by a consumer to receive confidential communications from the facility by alternative means or at alternative locations.

(b) Alternative means may include contacting the consumer by telephone.

(d) To request alternative communications, the consumer must provide the facility with the request in writing and specify the alternative means or location.

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-3-66 Right to an accounting of disclosures from facilities operated by ODMHSAS

Facilities operated by ODMHSAS must provide to consumers upon request an accounting of disclosures of health information in the designated record set as provided below:

(1) The consumer must make a written request to the facility's health information director, ODMHSAS Privacy Officer, or designee.

(2) The facility must provide an accounting of disclosures made of the consumer's designated record set during a time period specified up to six (6) years prior to the date of the request for an accounting except for disclosures:

(A) To carry out treatment, payment or health care operations as permitted under law;

(B) To the consumer about his or her own information;

(D) To persons involved in the consumer's care or other notification purposes permitted under law;

(E) For national security or intelligence purposes;

(F) To corrections officials or law enforcement officials as permitted under law; or

(G) That are a part of a limited data set;

(H) That are merely incidental to another permissible use or disclosure;

(I) Which were made before April 14, 2003;

(J) In certain circumstances involving health oversight, a facility may temporarily suspend the consumer's right to receive an accounting of disclosures.

(3) The accounting for disclosure must contain the following information for each disclosure:

(A) Date of disclosure;

(B) Name of entity or person who received the information, and, if known, the address of such entity or person;

(D) The purpose for which the disclosure was made;

(4) If during the time period for the accounting, multiple disclosures have been made to the same person or entity for a single purpose, or pursuant to a single authorization, the accounting may provide information as set forth above for the first disclosure, and then summarize the frequency, periodicity, or number of disclosures made during the accounting period and the date of the last such disclosure during the accounting period.

(5) The facility shall have sixty (60) days to act on the request for accounting of disclosures, unless the facility sends the consumer a letter within the initial sixty (60) day period extending the period for no more than an additional thirty (30) days. The letter shall explain the reasons for delay and the date on which the accounting will be provided.

(6) The first accounting in any twelve (12) month period must be provided to the consumer without charge. A reasonable, cost-based fee may be charged for additional accountings within the twelve (12) month period, provided the consumer is informed in advance of the fee, and is permitted an opportunity to withdraw or amend the request.

(7) The facility must document the following:

(A) All information required to be included in an accounting of disclosures of information from the designated record set;

(B) All written accountings provided to consumers, and;

History

Added at 20 Ok Reg 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff 7-1-03; Amended at 29 Ok Reg 493, eff 7-1-12

Part 9 CLIENT RIGHTS, DOMESTIC VIOLENCE, BATTERER'S INTERVENTION SEXUAL ASSAULT PROGRAMS AND SHELTERS [Transferred]

Okla. Admin. Code § 450:15-3-70 Applicability [TRANSFERRED]

History

Added at 21 Ok Reg 1726, eff 7-1-04; Transferred to 75:15-17-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:15-3-71 Client right to information, refused services [TRANSFERRED]

History

Added at 21 Ok Reg 1726, eff 7-1-04; Transferred to 75:15-17-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:15-3-72 Client rights [TRANSFERRED]

History

Added at 21 Ok Reg 1726, eff 7-1-04; Transferred to 75:15-17-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:15-3-73 Client's grievance policy and procedures [TRANSFERRED]

History

Added at 21 Ok Reg 1726, eff 7-1-04; Transferred to 75:15-17-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Part 11 RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES

Okla. Admin. Code § 450:15-3-80 Applicability

This Part is applicable to those mental health residential care facilities operated by, certified by, or under contract with the Oklahoma Department of Mental Health and Substance Abuse Services pursuant to 43A O.S. § 3-315, et seq.

History

Added at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-81 Resident rights

(a) Each resident shall have and enjoy all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged by due process of law by a court of competent jurisdiction. Each facility shall insure each resident has the rights specified as follows.

(1) Each resident has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.

(2) Each resident has the right to a safe, sanitary, and humane living environment.

(3) Each resident has the right to a humane psychological environment protecting them from harm, abuse, and neglect.

(4) Each resident has the right to an environment which provides reasonable privacy, promotes personal dignity, and provides opportunity for the client to improve his or her functioning.

(5) Each resident has the right to receive services suited to his or her condition and needs for treatment without regard to his or her race, religion, gender, ethnic origin, age, degree of disability, handicapping condition, legal status, sexual orientation.

(6) Each resident, on admission, has the absolute right to communicate his or her change of address with a relative, friend, clergy, or attorney, by telephone or mail.

(7) Each resident shall have and retain the right to confidential communication with an attorney, personal physician, the ODMHSAS Office of Consumer Advocacy, the ODMHSAS Office of Inspector General, or clergy. This right shall not be restricted by the facility.

(8) Each resident has the right to uncensored, private communications including, but not limited to, letters, telephone calls, and personal visits. Copies of any personal letter, sent or received, by a resident shall not be kept in his or her clinical record.

(9) No resident shall ever be mistreated, maltreated, or otherwise abused by staff, visitors, or other consumers.

(10) Each resident has the right to easy access to his or her personal funds on deposit with the facility, and shall be entitled to an accounting for said funds.

(11) Each resident has the right to have his or her own clothing and personal possessions.

(12) Each resident shall have the right to practice his or her own religious beliefs, and afforded the opportunity for religious worship. No client shall ever be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief.

(13) The records of each resident shall be treated in a confidential manner.

(14) Each resident has the right to refuse to participate in any research project or medical experiment without informed consent of the resident, as defined by law. A refusal to participate shall not affect the services available to the resident.

(15) A resident may voluntarily participate in work therapy, and shall be paid just compensation for such participation. However, each resident is responsible for personal care and housekeeping tasks without compensation.

(16) The community residential mental health facility shall provide residents who are leaving at the request of the community residential mental health facility all funds and property belonging to him or her at the time of his or her departure.

(17) Each resident shall have the right to establish and to participate in a resident committee or resident government.

(18) Each resident has the right to assert grievances with respect to any alleged infringement of these stated rights of residents, or any other subsequently statutorily granted rights.

(19) No resident shall ever be retaliated against, or subject to, any adverse conditions because of having asserted his or her rights as stated in this Section.

(20) Most rights may be limited by the treatment team for therapeutic reasons, including safety of the consumer or other consumers and staff in the facility. These limitations must be documented in the clinical record, reviewed frequently, and shall not be limited for purposes of punishment, staff convenience, or in retaliation for a consumer exercising any of his/her rights.

(b) Each affected facility shall have written policy and implementing procedures, and shall provide documented staff training to insure the implementation of each and every resident right stated in this section.

(c) Each affected facility shall have written policy and implementing procedures to insure each resident enjoys, and has explained to him or her, these rights; and these rights are visibly posted in both resident and public areas of the facility.

(d) The Department, in any investigation or monitoring shall have access to residents, RCF records and RCF staff as set forth in OAC 450:15-7-3.

History

Added at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 23 Ok Reg 1412, eff 7-1-06 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11, Amended at 30 Ok Reg 1409, eff 7-1-13

Okla. Admin. Code § 450:15-3-82 Resident right to fee information

To insure that the residents have access to the information pertaining to RCF's fee schedule, each resident shall have access to written information about the RCF's fee schedule. The RCF shall provide a written description of the services provided by the RCF, the rates charged for these services, and items for which a resident may be separately charged to each resident annually or when changes occur. THE RCF shall obtain and document in writing the resident's consent prior to their accrual. This policy shall also be available to those individuals who are seeking service. This information shall be visibly posted.

History

Added at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06

Okla. Admin. Code § 450:15-3-83 Resident right to information, refused services

A resident, or potential resident, has the right to know why services are refused; and can expect an explanation concerning the reason he or she was refused certain services.

History

Added at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-84 Resident rights regarding group visitations

(a) Group RCF visitation shall be planned for limited interruption of routine activities, unless the group visitation is the activity. Residents shall have advance notice of visitations and never be referred to by full name without their consent.

(b) Written policies shall be established concerning the protection of resident's rights and privacy during RCF visitation by groups.

(c) Planning shall provide for limited interruption of routine activities. Individual residents shall have advance knowledge of such visitations and shall never be referred to by full name without their consent.

History

Added at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-3-85 Resident Grievance Policy & Procedures

Each RCF shall have a written grievance policy and procedure providing for, but not limited to, the following:

(1) Written notice of the procedure provided to the resident and, if involved with the resident, to family members or significant others.

(2) Time frames for the grievance policy's procedures which allow for resolution within fourteen (14) days.

(3) Name(s) of the individual(s) who are responsible for coordinating the grievance policy; the individual responsible for or authorized to make decisions for resolution of the grievance and the specific name(s) of the individual(s) acting as the facility's local advocate. In the instance where the decision maker is the subject of a grievance, decision making authority shall be delegated. The designated local advocate shall work with facility staff and contractors to ensure the needs of consumers are met at the lowest level possible and that consumer rights are enforced and not violated.

(4) Procedure by which a notice is provided to the resident advising that he or she has a right to make a complaint to the Local Advocate or the ODMHSAS Office of Consumer Advocacy. A consumer shall have unimpeded and confidential access to the facility's local advocate and the ODMHSAS Office of Consumer Advocacy. No policy or procedure shall require contact with the facility's local advocate prior to contacting the ODMHSAS Office of Consumer Advocacy.

(5) Mechanism to monitor the grievance process and improve performance based on outcomes.

(6) Annual review of the grievance policy and its implementing procedures, with revisions as needed to improve.

(7) The provision of written notification to the consumer of the grievance outcome and the mechanism by which an individual may appeal the outcome.

(8) The individual(s) designated as a facility's local advocate shall be responsible for coordinating and monitoring the facility's advocacy activities and contacts with the ODMHSAS Office of Consumer Advocacy. Duties of the facility's local advocate shall include, but is not limited to:

(i) Assist consumers in filing grievances;

(ii) Serve as resource for consumers for questions or information dissemination about the facility, admission and discharge processes, or other basic human needs while in treatment; and

(iii) Make contact with consumers involved in or who witness Critical Incidents or Sentinel Events while in treatment to ensure needs are being met.

(B) Serve as facility or program liaison to the Office of Consumer Advocacy in advocacy activities.

History

Added at 21 Ok Reg 1726, eff 7-1-04; Amended at 29 Ok Reg 493, eff 7-1-12

Subchapter 5 Employee Responsibilities [REVOKED]

Part 1 OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED]

Okla. Admin. Code § 450:15-5-1 Applicability [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-2 Inappropriate conduct [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-3 Conduct Review Committee [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-4 Committee membership [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-5 Authority and duties [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-6 Committee procedures [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-7 Reporting procedures [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Part 3 MENTAL HEALTH PROFESSIONAL'S DUTY TO PROTECT [REVOKED]

Okla. Admin. Code § 450:15-5-17 Applicability [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Okla. Admin. Code § 450:15-5-18 Responsibility of mental health professionals [REVOKED]

History

Revoked at 10 Ok Reg 4093, eff 7-26-93

Subchapter 7 Office of Consumer Advocacy and Department Investigations

Part 1 OFFICE OF CONSUMER ADVOCACY

Okla. Admin. Code § 450:15-7-1 Applicability

This Subchapter is applicable to all facilities operated by, certified by, or under contract with ODMHSAS.

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02

Okla. Admin. Code § 450:15-7-2 Office of Consumer Advocacy purpose and authority

(a) The Board is authorized by 43A O.S. § 2-109 to to establish the Office of Consumer Advocacy within the Department.

(b) The Office of Consumer Advocacy shall carry out the powers and duties of the Office of Consumer Advocacy as set forth in this Subchapter.

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-7-3 Advocate General

The Advocate General is responsible for the Office of Consumer Advocacy and coordinates its system-wide implementation. The Advocate General shall have the following powers and duties:

(1) To serve as an advocate for consumers.

(2) To supervise personnel assigned to the Office of Consumer Advocacy.

(3) To make recommendations to Commissioner and provide regular or special reports regarding unresolved grievances or other issues affecting consumer rights and quality of care to the Commissioner and Board.

(4) To carry out the powers and duties of the Office of Consumer Advocacy.

(5) To perform other duties as assigned by the Board or Commissioner.

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 18 Ok Reg 2657, eff 7-1-01; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 23 Ok Reg 1412, eff 7-1-06; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 29 Ok Reg 493, eff 7-1-12
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 10/1/2017

Okla. Admin. Code § 450:15-7-4 Office of Consumer Advocacy powers and duties

The Advocate General shall assign an Advocate to monitor the care and treatment of individuals receiving services at each facility operated by, certified by or under contract with the ODMHSAS; and to carry out the purpose and duties of the Office of Consumer Advocacy. The Office of Consumer Advocacy shall have the following powers and duties:

(1) To serve as an advocate for consumers and to ensure the highest quality of care to all consumers at facilities operated by, subject to certification by, or under contract with the Department.

(2) If a consumer needs legal counsel, the Advocate shall advise the consumer of his or her right to seek counsel and refer the individual to counsel, if necessary.

(3) To monitor his or her assigned facilities to ensure the facilities have made adequate provisions for the medical care, supervision and safekeeping of all DMHSAS consumers, and to provide a monthly status report, either verbally or in writing, to the facility's executive director regarding these issues.

(4) To access facilities operated by, subject to certification by or under contract with the Department. Reasonable access shall be granted for the purposes ofperforming activities as necessary to monitor care and treatment provided by such facilities. These visits may be unannounced and or unscheduled as determined by the Department. Reasonable access shall include, but is not limited to, observations, discussions, and face to face meetings with staff and consumers, copies of policies and procedures related to grievances, complaints, consumer care, access to services and safety; and forms and documentation related to Critical Incidents and Sentinel Events.

(5) To access and copy necessary records of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department. Records that are confidential under state and federal law shall be maintained as confidential and not be re-disclosed by the Office of Consumer Advocacy.

(6) To be proactive in the enforcement of the provisions of the Mental Health and Substance Abuse Consumer Bill of Rights,

(7) To timely report any issue(s) of which the Office of Consumer Advocacy becomes aware that may adversely affect consumer care through the proper chain of command, beginning at the lowest level, in order to timely resolve such issue(s).

(8) To assist consumers in filing grievances,

(9) To assist in transitioning consumers who are committed to the Oklahoma Forensic Center pursuant to 22 O.S. §§1175.1 et seq. to appropriate alternative placements in accordance with 22 O.S. §§1175.1 et seq.

(10) To file habeas corpus or writ of mandamus actions on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, and appear on their behalf in civil commitment and criminal post-commitment proceedings, and appear on behalf of Department consumers in proceedings for writs of habeas corpus or mandamus.

(11) To monitor and review grievance procedures in facilities operated by, subject to certification by or under contract with the Department.

(12) To assist consumers in filing grievances and to review and take appropriate action to resolve unresolved grievances and allegations of improper treatment of individuals receiving services from facilities operated by the Department.

(13) To be proactive and assist in the overall improvement of behavioral system and service delivery related to consumers.

(14) To coordinate and communicate with local facility advocates on a regular basis regarding consumer rights, advocacy activities, and quality of care issues.

(15) An advocate or designee by the Advocate General shall visit each facility that is operated by, subject to certification by or under contract with the Department at least one (1) time per fiscal year to ensure the facility has made adequate provisions for the medical care, supervision and safekeeping of all ODMHSAS consumers, and to provide a status report, either verbally or in writing, to the facility's executive director regarding the findings of such visit.

(16) To perform other duties as assigned by the Board or Commissioner.

History

Added at 10 Ok Reg 4093, eff 7-26-93 ; Amended at 15 Ok Reg 2743, eff 7-1-98 ; Amended at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 29 Ok Reg 493, eff 7-1-12 ; Amended at 30 Ok Reg 1410, eff 7-1-13

Part 2 INVESTIGATIONS

Okla. Admin. Code § 450:15-7-5 Advocacy Division investigation protocols [REVOKED]

History

Added at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-7-6 Reporting suspected maltreatment

(a) Reporting Requirements. ODMHSAS employees, employees of facilities contracted with ODMHSAS or subject to certification by ODMHSAS who directly witness maltreatment or are informed of maltreatment by a consumer shall report such information to the ODMHSAS Inspector General. Persons unsure of what to report are directed call the Inspector General at 1-405-522-4058 or 1-877-426-4058. Questions regarding this reporting requirement may also be made by e-mailing: InspectorGeneral@odmhsas.org.

(b) Method of Reporting. Any person obligated to report an allegation of maltreatment of consumers shall contact the Inspector General in Oklahoma City, Oklahoma by telephone (1-405-522-4058 or 1-877-426-4058) twenty-four (24) hours a day, seven (7) days a week. Reports may also be made by e-mailing: InspectorGeneral@odmhsas.org or by submitting a critical incident report to Provider Certification to at (405) 522-0236.

(c) Posting of Information. All facilities that are subject to certification by, operated by, or contracted with the Department shall post the contact information for the ODMHSAS Office of Inspector General and ODMHSAS Office of Consumer Advocacy prominently in each consumer treatment unit and in consumers admissions, visiting and public areas.

History

Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 26 Ok Reg 2671, eff 7-25-09 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 29 Ok Reg 493, eff 7-1-12 ; Amended at 30 Ok Reg 1411, eff 7-1-13

Okla. Admin. Code § 450:15-7-7 Administrator's responsibilities regarding allegations reportable to the Department

(a) If the Department receives an allegation of maltreatment involving a consumer from anyone other than the executive director of the facility or provider responsible for the consumer, the Department will promptly notify the facility executive director of the allegation. If the facility executive director is a witness or is accused of maltreatment, then the Inspector General shall notify the Commissioner's designee of the allegation.

(b) Upon becoming aware of an allegation of maltreatment involving a consumer, the facility administrator, or designee, shall ensure the safety, protection, and needed medical attention of any consumer named in the allegation and other consumers receiving services from the facility or provider.

(c) When criminal activity is alleged the facility executive director, or designee, shall immediately notify the appropriate law enforcement authority.

History

Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 30 Ok Reg 1412, eff 7-1-13

Okla. Admin. Code § 450:15-7-8 Processing reports of maltreatment received by the Department

The Department shall record and keep all investigations conducted. The findings of each investigation shall be reported to the appropriate division within the Department for review and disposition.

History

Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-7-9 Investigation procedures

(a) The Department shall conduct a prompt investigation of the maltreatment allegation and shall be subject to the ODMHSAS Investigations policy. The investigator shall contact the applicable facility executive director, or designee, to arrange for document production, site visits and interviews.

(b) The Department shall have the authority to access facilities operated by, subject to certification by or under contract with the Department. Reasonable access shall be granted for the purposes of conducting investigations of maltreatment of a consumer, contract enforcement issues, or certification issues. These investigations may be unannounced and or unscheduled as determined by the Department.

(c) The applicable facility executive director, or designee, shall arrange for the investigator to have immediate and direct access to the alleged victim(s) in the report who is still a consumer of the facility. During an investigation, the facility shall provide the investigator access, and copies of all documents requested, related to all employees, consumers or clients, facilities, files and records of any nature that may pertain to the investigation. Denial of access may be grounds for termination of a contract between ODMHSAS and a contractor or revocation, non-renewal or suspension of certification or both.

(d) Interference includes, but is not limited to:

(1) Intimidating, harassing or threatening a party to the investigation;

(2) Retaliation against a consumer or employee for reporting an allegations; or

(3) Denial of investigator access to clients, employees, facilities, witnesses, records or other relevant information as requested by the investigator.

History

Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 26 Ok Reg 2671, eff 7-25-09 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok Reg 1412, eff 7-1-13

Okla. Admin. Code § 450:15-7-10 Rights and responsibilities of accused individuals

During the investigation process, an individual accused of maltreatment of a consumer or an individual identified to have information about the allegation(s) has the right to:

(1) Be advised of the nature of the allegations made against him or her in the allegation;

(2) Be advised of the investigative process involving maltreatment;

(3) Be interviewed by an investigator and allowed to give his or her position regarding the allegation;

(4) Submit or supplement a written statement relating to the allegations;

(5) Seek advice from other parties concerning his or her rights and responsibilities in Department investigations;

History

Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-7-11 Responsibilities

During the investigative process, an individual accused of maltreatment of a consumer shall:

(1) Be available for interviews and accommodate the investigator in scheduling of interviews;

(2) Refrain from any action which interferes with the investigation, including any action which intimidates, threatens, or harasses any person who has or may provide information relating to the allegation; and

(3) Provide pertinent information and respond fully and truthfully to questions asked.

(4) Refrain from intentionally misdirecting investigator by falsehoods or omissions.

History

Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 23 Ok Reg 1412, eff 7-1-06; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-7-12 Educational employees

This subsection applies to an employee of a school district providing contract educational services on-site at a facility who is either a witness or an individual accused of maltreatment of a consumer in an investigation opened by the Department.

(1) The executive director of the facility where the incident took place shall notify the principal of the school of the nature of the allegation and the name of the assigned investigator.

(2) The principal of the school is responsible for notifying the school employee of the reason for the investigative interview, advising the employee of his or her rights and responsibilities relating to the Department investigation, and arranging for the employee's appearance at an investigative interview. This requirement is for purposes of notification and coordination of the investigative process and does not extend to ensuring the protection of the alleged victim(s) or other clients or consumers at the facility where the educational services are provided. The administrator of the facility where the alleged incident took place is responsible for protection of clients or consumers.

History

Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 27 Ok Reg 1005, eff 7-1-10

Okla. Admin. Code § 450:15-7-13 Document collection and review

The investigator shall gather and review relevant documents including, but not limited to:

(1) incident reports and other written reports, accounts, and statements prepared during the preliminary assessment;

(2) psychiatric and medical records;

(3) photos; and

(4) facility or provider logs, activity and tracking documents.

History

Added at 19 Ok Reg 1363, eff 7-1-02

Okla. Admin. Code § 450:15-7-14 Investigative interviews

The investigator shall interview or attempt to interview persons known or identified to have information about the maltreatment allegation. If an injury is alleged, the investigator or other appropriate person shall observe and note apparent injuries, and obtain pertinent medical documentation, including photographs. An attorney or other representative of the person being interviewed may attend an interview only as a silent observer with prior permission of the Department.

(1) The Department shall conduct a separate private interview with each alleged victim when available, available witnesses to the alleged maltreatment, and persons who allegedly were directly or indirectly involved in the allegation, persons with knowledge of relevant information, and each individual accused of the maltreatment. When possible, all other witnesses shall be interviewed prior to interviewing the accused individual(s).

(2) The investigator shall record interviews. Recordings of interviews remain with the Department's investigative file. Investigative files and recordings are not public documents due to the confidential and privileged information contained in the interviews.

(3) The investigator shall inform persons interviewed of the investigative process.

(4) The investigator shall verbally inform each accused individual of the allegation(s). The name of the person making the report of the allegation shall not be disclosed.

(5) During the interview with an individual accused of maltreatment of a consumer, the investigator shall provide the individual an opportunity to respond to the allegation(s). Following the initial interview, if the investigator obtains information to which the accused individual did not have an opportunity to respond, the investigator shall conduct another interview with the individual. The investigator shall advise the accused individual of the substance of the new information and provide an opportunity to present a response.

(6) If there is a need to interview a person who is deaf, hard of hearing, or is non-English speaking, the investigator, with the assistance of the Office of Consumer Advocacy, shall arrange oral or sign language interpreter services by an independent and qualified interpreter.

(7) To schedule an interview with an accused individual, the investigator shall contact the executive director of the facility, or designee, or provider that employs the accused individual. If a reasonable time has passed without being able to schedule an interview, the investigator shall contact the executive director of the facility, or designee, or provider to request the employee be required to participate. If the accused individual refuses to participate in the investigation, the report shall be completed without the accused individual's statement and a finding shall be made based on available information. For other persons needing to be interviewed, the investigator shall follow the same.

(8) If a person fails to appear for a scheduled interview without good cause, the investigator shall complete the investigative report without interviewing that person. The investigative report shall include an explanation of why the interview was not conducted, including documentation of efforts to interview the person.

History

Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok Reg 1412, eff 7-1-13

Okla. Admin. Code § 450:15-7-15 Investigative report and findings

(a) After completing the information-gathering portion of the investigative process, the investigator shall prepare a written investigative report minimally containing:

(1) The allegation(s) made to the Department, the location of the alleged incident(s), and the assigned case number;

(2) A statement of any injuries sustained by the alleged victim(s);

(3) The applicable definition(s) of the type of maltreatment at issue such as abuse, neglect, exploitation, or mistreatment;

(4) The finding(s) in accordance with subsection (b) of this Section;

(5) The involved parties, their titles and role in the matter, if they were interviewed and, if so, when and if interviewed face to face or by telephone;

(6) The name, address, and telephone numbers of any interpreter used during the investigation;

(7) An explanation of the basis for the finding(s);

(8) Any areas of concern relating to the referral identified during the investigation regarding that facility, that provider, or practices or procedures which have implications for the safety, health, or welfare of clients;

(9) A list of relevant documents and records reviewed during the investigation; and

(10) A list of attachments to the report.

(b) The investigative finding options are:

(1) "Supported" which means the available information establishes that it is more likely than not that the alleged maltreatment occurred;

(2) "Unsupported" which means the available information established that it is unlikely that the alleged maltreatment occurred; or

(3) "Inconclusive" which means the available information was not sufficient to establish whether or not the alleged maltreatment occurred.

(c) Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Department are confidential and contain privileged information. Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid pursuant to 43A O.S. §1-109(C).

(d) An order of the court authorizing the inspection, release or disclosure of information, records, material and reports related to investigations by the Department shall be entered by a court only after a review of the records and a determination, with due regard for confidentiality of the information and records and the privilege of the persons identified in the records that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.

(e) The Department shall provide results of investigations as follows:

(1) A copy of the final investigative report shall be sent to the Commissioner, designated Deputy Commissioner, the Chief Operating Officer, the General Counsel and the executive director of the appropriate ODMHSAS operated facility.

(2) When an executive director of a facility that is operated by the Department is named as an individual accused of maltreatment of a consumer in the allegation, the final report will not be forwarded to that individual.

(3) A summary of the allegation and finding shall be sent to the executive director of a facility that is subject to certification by or under contract with the Department.

(4) When an executive director of a facility that is subject to certification by or under contract with the Department is named as an individual accused of maltreatment of a consumer in the allegation, a summary of the investigative report shall not be forwarded to that individual, and the investigator shall forward a summary of the investigative report to the chair of the board of directors of the facility.

(5) A summary of the allegations and finding shall be provided to the Board and a copy of the report shall be provided upon request of the Board.

(6) The Department shall notify individuals of the Department's findings as laid out in the Department's Investigations Policy.

(7) Upon request, the Department may summarize the outcome of an investigation, stating the allegation and the finding. The summary may be provided to the person suspected of the maltreatment, the person subject to alleged maltreatment, the person who reported an allegation and the executive director of a facility certified by or under contract with the Department at which the alleged maltreatment occurred.

(f) The Department shall maintain the original report, supporting documents, and pertinent recorded tapes in locked file cabinets in accordance with the applicable ODMHSAS records management and disposition plan.

History

Added at 19 Ok Reg 1363, eff 7-1-02 ; Amended at 20 Ok Reg 2110, eff 7-1-03 ; Amended at 22 Ok Reg 2105, eff 7-1-05 ; Amended at 23 Ok Reg 1412, eff 7-1-06 ; Amended at 26 Ok Reg 2671, eff 7-25-09 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok Reg 903, eff 7-1-11 ; Amended at 30 Ok Reg 1413, eff 7-1-13

Subchapter 9 Consumer Rights, Non-Inpatient Services [REVOKED]

Okla. Admin. Code § 450:15-9-1 Applicability [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-9-2 Community mental health centers [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-9-3 Substance abuse services [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-9-4 Residential care facilities [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-9-5 Domestic violence and sexual assault services [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 21 Ok Reg 1726, eff 7-1-04

Okla. Admin. Code § 450:15-9-6 Advocate general [REVOKED]

History

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 13 Ok Reg 2215, eff 7-1-96; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Revoked at 20 Ok Reg 2110, eff 7-1-03

Okla. Admin. Code § 450:15-9-7 Community-Based Structured Crisis Centers [REVOKED]

History

Added at 18 Ok Reg 2657, eff 7-1-01; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Revoked at 21 Ok Reg 1726, eff 7-1-04

Chapter 19 Standards and Criteria for Domestic Violence and Sexual Assault Programs [Transferred]

Subchapter 1 General Provisions [Transferred]

Okla. Admin. Code § 450:19-1-1 Purpose [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-1-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-1-2 Definitions [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-1-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-1-3 Meaning of verbs in rules [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Transferred to 75:15-1-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-1-4 Annual review of standards and criteria [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Transferred to 75:15-1-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-1-5 New standards and criteria [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Revoked at 20 Ok Reg 2129, eff 7-1-03

Okla. Admin. Code § 450:19-1-6 Service programs [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-1-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 3 Domestic Violence and Sexual Assault Programs [Transferred]

Part 1 REQUIRED DV/SA SHELTER PROGRAM COMPONENTS [Transferred]

Okla. Admin. Code § 450:19-3-1 Shelter services program [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-3-2 Crisis intervention services program [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-3-3 Counseling, support, and advocacy services [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Revoked at 22 Ok Reg 2141, eff 7-1-05

Okla. Admin. Code § 450:19-3-4 Children's services [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Revoked at 22 Ok Reg 2141, eff 7-1-05

Okla. Admin. Code § 450:19-3-5 Sexual assault services [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Revoked at 20 Ok Reg 2129, eff 7-1-03

Okla. Admin. Code § 450:19-3-6 Public education services [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Revoked at 22 Ok Reg 2141, eff 7-1-05

Part 2 OTHER SERVICE COMPONENTS [Transferred]

Okla. Admin. Code § 450:19-3-7 Transitional living services program [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-3-8 Safe home services program [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-3-9 Batterer's intervention services program [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-3-10 Sexual assault services program [TRANSFERRED]

History

Added at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-3-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 5 Client Records and Confidentiality [Transferred]

Okla. Admin. Code § 450:19-5-1 Purpose [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-5-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-2 Client records [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 673, eff 2-27-03 (emergency); Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-5-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-3 Record content - general [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-5-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-3.1 Record content - service specific [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-5-3.1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-4 Client confidentiality [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 673, eff 2-27-03 (emergency); Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-5-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-5 Physical safety and integrity of client records [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-5-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-6 Client record, handling, retention, and disposal [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-5-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-5-7 Disclosure of client information [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Revoked at 20 Ok Reg 673, eff 2-27-03 (emergency); Revoked at 20 Ok Reg 2129, eff 7-1-03

Okla. Admin. Code § 450:19-5-8 Consent for disclosure of client information [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Revoked at 20 Ok Reg 673, eff 2-27-03 (emergency); Revoked at 20 Ok Reg 2129, eff 7-1-03

Okla. Admin. Code § 450:19-5-9 Conditions for disclosure of client information [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Revoked at 20 Ok Reg 673, eff 2-27-03 (emergency); Revoked at 20 Ok Reg 2129, eff 7-1-03

Okla. Admin. Code § 450:19-5-10 Confidentiality of mental health and drug or alcohol abuse treatment information [TRANSFERRED]

History

Added at 20 Ok Reg 673, eff 2-27-03 (emergency); Added at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-5-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 7 DV/SA Shelter program Physical Environments [Transferred]

Okla. Admin. Code § 450:19-7-1 Physical plant, primary role [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 14 Ok Reg 126, eff 10-2-96 (emergency); Amended at 14 Ok Reg 1966, eff 5-27-97; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-7-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-2 Fire and safety codes and inspections [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 14 Ok Reg 126, eff 10-2-96 (emergency); Amended at 14 Ok Reg 1966, eff 5-27-97; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-7-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-3 Fire fighting and first aid equipment [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 14 Ok Reg 126, eff 10-2-96 (emergency); Amended at 14 Ok Reg 1966, eff 5-27-97; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-7-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-4 Disaster procedures [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 14 Ok Reg 126, eff 10-2-96 (emergency); Amended at 14 Ok Reg 1966, eff 5-27-97; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-7-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-5 Persons with special needs [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 14 Ok Reg 126, eff 10-2-96 (emergency); Amended at 14 Ok Reg 1966, eff 5-27-97; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-7-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-6 Program environment, all DV/SA service programs [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-7-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-7-7 Program environment, shelter services programs [TRANSFERRED]

History

Added at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-7-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 9 Program Management and Performance Improvement [Transferred]

Okla. Admin. Code § 450:19-9-1 Admission criteria [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-9-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-2 Program management, policy and procedures [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-9-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-3 Job qualifications [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Revoked at 16 Ok Reg 1572, eff 7-1-99

Okla. Admin. Code § 450:19-9-4 Staff orientation [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Revoked at 16 Ok Reg 1572, eff 7-1-99

Okla. Admin. Code § 450:19-9-5 Client confidentiality [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Revoked at 16 Ok Reg 1572, eff 7-1-99

Okla. Admin. Code § 450:19-9-6 Utilization of volunteers [REVOKED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-9-7 Program mission and goals [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-9-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-8 Annual program evaluation [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-9-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-9 Critical incidents [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-9-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-10 Performance improvement plan [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-9-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-9-11 Employee and volunteer supervision [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Subchapter 11 Client Rights [Transferred]

Okla. Admin. Code § 450:19-11-1 Client rights, shelter and residential services [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 21 Ok Reg 1746, eff 7-1-04; Transferred to 75:15-11-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-11-2 Client rights, non-shelter residential services [TRANSFERRED]

History

Added at 13 Ok Reg 2771, eff 7-1-96; Amended at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 21 Ok Reg 1746, eff 7-1-04; Transferred to 75:15-11-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-11-3 Client's grievance policy [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 21 Ok Reg 1746, eff 7-1-04; Transferred to 75:15-11-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 13 Personnel And Volunteers [Transferred]

Part 1 GENERAL [Transferred]

Okla. Admin. Code § 450:19-13-1 Personnel policies and procedures [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-2 Policy and procedures, staff and volunteer knowledge and access [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-3 Non-discrimination [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-4 Selection of personnel and volunteers [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-5 Job descriptions, employees and volunteers [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-5 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-6 Orientation - general, employees and volunteers [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-13-7 Orientation and training - client confidentiality [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-13-8 Volunteer and personnel records [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-9 Supervision of employees and volunteers [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-13-9 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-10 Performance evaluation of employees and volunteers [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-10 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Part 3 TRAINING [Transferred]

Okla. Admin. Code § 450:19-13-20 Employee, paraprofessional and volunteer inservice training and development plan [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-20 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-20.1 Orientation - general, employees and volunteers [TRANSFERRED]

History

Added at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-13-20.1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-20.2 Inservice and ongoing training for employees and volunteers [TRANSFERRED]

History

Added at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-13-20.2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-21 Staff training, shelter services [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-13-22 Staff training, crisis intervention services [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-13-23 Staff training, counseling, support and advocacy services [REVOKED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Revoked at 19 Ok Reg 1403, eff 7-1-02

Okla. Admin. Code § 450:19-13-24 Staff training, children's services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-24 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-25 Staff training, sexual assault services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-13-25 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-26 Staff training, transitional living services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-26 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-27 Staff training, safe home services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-13-27 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-28 Staff training, public education services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-13-28 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-29 Staff training, Court Advocates [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Amended at 22 Ok Reg 2141, eff 7-1-05; Transferred to 75:15-13-29 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-13-30 Staff training, batterer's intervention services [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 17 Ok Reg 2146, eff 7-1-00; Amended at 19 Ok Reg 1403, eff 7-1-02; Amended at 20 Ok Reg 2129, eff 7-1-03; Transferred to 75:15-13-30 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Subchapter 15 Governing Authority [Transferred]

Okla. Admin. Code § 450:19-15-1 Governing authority [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-15-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-15-2 Governing authority, documentation of source of authority [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-15-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-15-3 Duties of the governing authority [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-15-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Okla. Admin. Code § 450:19-15-4 Governing authority, meeting minutes [TRANSFERRED]

History

Added at 16 Ok Reg 1572, eff 7-1-99; Amended at 19 Ok Reg 1403, eff 7-1-02; Transferred to 75:15-15-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg 2667)

Title 655 Secretary of State

Chapter 30 Address Confidentiality Program [Transferred]

Okla. Admin. Code § 655:30-1-1 Purpose [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-1 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-2 Definitions [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-2 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-3 Forms and informational material [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-3 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-4 Application assistants [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-4 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-5 Criteria for program participation [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-5 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-6 Applying for participation [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-6 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-7 Certification [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-7 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-8 Certification renewal [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-8 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-9 Certification withdrawal and cancellation [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-9 by HB 2368 (2008), eff 7-1-08 (See Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-10 Use of the substitute address [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-10 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-11 Public schools [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-11 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-12 Voter registration [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-12 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-13 Service of process [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-13 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-14 Agency exemption [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-14 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Okla. Admin. Code § 655:30-1-15 Disclosure of records [TRANSFERRED]

History

Added at 21 Ok Reg 2485, eff 6-25-04; Transferred to 75:20-1-15 by HB 2368 (2008), eff 7-1-08 (Editor's Notice published at 25 Ok Reg 2607)

Chapter 35 Oklahoma Witness Protection Program

Okla. Admin. Code tit. 75, ch. 35, app A Application

Click To View Image

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code tit. 75, ch. 35, app B Memeorandum of Understanding

Click To View Image

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Okla. Admin. Code tit. 75, ch. 35, app C Receipt

Click To View Image

History

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Chapter 50 Opioid Settlement Payments and Abatement Grants

Okla. Admin. Code tit. 75, ch. 50, app G Scoring Rubric

Click here to view image

History

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)