Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 16 - Standards and Criteria for Community Residential Mental Health Facilities › Subchapter 1 - General Provisions › Section 450:16-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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 resident by a
				  caretaker responsible for the resident's health, safety, or welfare, including
				  but not limited to: non-accidental physical injury or mental anguish; sexual
				  abuse; sexual exploitation; use of mechanical restraints without proper
				  authority; the intentional use of excessive or unauthorized force aimed at
				  hurting or injuring the resident; or deprivation of food, clothing, shelter, or
				  healthcare by a caretaker responsible for providing these services to a
				  resident.
"ADL"
means activities of daily living.
"Administrator"
means the person who is in
				  charge of a community residential mental health facility and who devotes at
				  least one-third (1/3) of his or her full working time to on-the-job supervision
				  of the community residential mental health facility.
"Adults who have a serious mental illness"
means
				  persons eighteen (18) years of age or older who show evidence of points of (A),
				  (B) and (C) below:
(A) The disability must have persisted for six months and be
				  expected to persist for a year or longer.
(B) A condition or serious mental illness as defined by the
				  most recently published version of the DSM or the International Classification
				  of Disease (ICD) equivalent with the exception of DSM "V" codes, substance
				  abuse, and developmental disorders which are excluded, unless they co-occur
				  with another diagnosable serious mental illness.
(C) The adult must exhibit either (i) or (ii) below:
(i) Psychotic symptoms of a serious mental illness (e.g.
				  Schizophrenia characterized by defective or lost contact with reality, often
				  hallucinations or delusions); or
(ii) Experience difficulties that substantially interfere
				  with or limit an adult from achieving or maintaining one or more
				  developmentally appropriate social, behavioral, cognitive, communicative, or
				  adaptive skills. There is functional impairment in at least two of the
				  following capacities (compared with expected developmental level):
(I) Impairment in self-care manifested by a person's
				  consistent inability to take care of personal grooming, hygiene, clothes and
				  meeting of nutritional needs.
(II) Impairment in community function manifested by a
				  consistent lack of appropriate behavioral controls, decision-making, judgment
				  and value systems which result in potential involvement or involvement with the
				  criminal justice system.
(III) Impairment of social relationships manifested by the
				  consistent inability to develop and maintain satisfactory relationships with
				  peers.
(IV) Impairment in family function manifested by a pattern of
				  disruptive behavior exemplified by repeated and/or unprovoked violence,
				  disregard for safety and welfare of self or others (e.g., fire setting, serious
				  and chronic destructiveness, inability to conform to reasonable limitations and
				  expectations.
(V) Impairment in functioning at school or work manifested by
				  the inability to pursue educational or career goals.
"Clubhouse"
means a psychiatric rehabilitation
				  program currently certified as a Clubhouse through the International Center for
				  Clubhouse Development (ICCD).
"CMHC"
means community mental health center.
"Continuity of care agreements"
means an
				  agreement between the community residential mental health facility and
				  providers of critical and comprehensive community based behavioral health
				  services, including but not limited to a provider of inpatient behavioral
				  health care and a local provider of community-based behavioral health services.
				  Continuity of care agreements shall specify the responsibility of each entity
				  related to assuring continuous and coordinated care on behalf the residents.
"Co-occurring disorder"
means any combination of
				  mental health and substance abuse symptoms or diagnosis in a resident.
"Corporal punishment"
means any physical
				  punishment including, but not limited to punching, slapping, kicking, spanking,
				  or whipping.
"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.
"Direct care staff"
means any staff member who,
				  in the performance of his or her routine duties has contact with residents and
				  is required to meet the training requirements for community residential mental
				  health staff as listed in the "Standards and Criteria for Community Mental
				  Health Residential Facilities".
"Enhanced residential care facility"
means a
				  community residential mental health facility meeting all statutory and
				  regulatory requirements of the ODMHSAS and OSDH and which specifically serves
				  only "Adults who have a serious mental illness" who cannot be accommodated in a
				  non-enhanced community residential mental health facility.
"General psychiatric rehabilitation program"
or
"PSR"
means a type of psychiatric rehabilitation program which
				  focuses on long term recovery and maximization of self-sufficiency, role
				  function and independence. General psychiatric rehabilitation programs may be
				  organized within a variety of structures which seek to optimize the
				  participants' potential for occupational achievement, goal setting, skill
				  development and increased quality of life.
"Health care services"
means services provided
				  by health care professionals and includes, but is not limited to dentists,
				  optometrists, and podiatrists.
"Independent living skills, assistance in development
				  of"
means all activities directed at assisting individuals in the
				  development of skills necessary to live and function within the community.
"ODMHSAS"
means the Oklahoma Department of
				  Mental Health and Substance Abuse Services.
"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.
"OSDH"
means Oklahoma State Department of
				  Health.
"Personal care"
means assistance with meals,
				  dressing, movement, bathing, or other personal needs, or general supervision of
				  the physical and mental well-being of a person who is currently unable to
				  maintain a private, independent residence, or who has limited abilities in the
				  managing of his or her person, whether or not a guardian has been appointed for
				  such person.
"Recovery"
means a journey of healing and
				  transformation enabling a person with a mental health and/or substance abuse
				  diagnosis to live a meaningful life in the community of his or her choice while
				  striving to achieve his or her full potential. The process of recovery leads
				  individuals toward the highest level of autonomy of which they are capable. Key
				  characteristics of recovery include:
(A) Recovery is self directed, personal and individualized
				  (not defined by treatment providers or agencies);
(B) Recovery is holistic. Recovery is a process through which
				  one gradually achieves greater balance of mind, body and spirit in relation to
				  other aspects of one's life that can include family, work and community;
(C) Recovery moves beyond symptom reduction and relief (i.e.
				  meaningful connections in the community, overcoming specific skill deficits,
				  establishing a sense of quality and well-being);
(D) Recovery is both a process of healing (regaining) and a
				  process of discovery (moving beyond);
(E) Recovery encompasses the possibility for individuals to
				  test, make mistakes and try again; and
(F) Recovery can occur within or outside the context of
				  professionally directed treatment.
"Registered/licensed dietitian"
means a person
				  who is registered as a dietitian by the American Dietetic Association and
				  licensed by the Oklahoma Board of Medical Licensure and Supervision.
"Resident"
means a person residing in a
				  residential care facility certified by ODMHSAS.
"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, 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"
refers to manual, mechanical, and
				  chemical methods that are intended to restrict the movement or normal
				  functioning of a portion of the 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.
"Socialization activities"
means all activities
				  which encourage interaction and the development of communication,
				  interpersonal, social and recreational skills, and can include client
				  education.
"Special need (persons with)"
means any 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
				  or hard of hearing, visually impaired, 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.
"Supportive assistance"
means the service
				  rendered to any person which is sufficient to enable the person to meet an
				  adequate level of daily living. Supportive assistance includes but is not
				  limited to housekeeping, assistance in the preparation of meals, assistance in
				  the safe storage, distribution and administration of medications, and
				  assistance in personal care as is necessary for the health and comfort of such
				  person. The term "supportive assistance" shall not be interpreted or applied so
				  as to prohibit the participation of residents in housekeeping or meal
				  preparation tasks as a part of the written treatment plan for the training,
				  habilitation or rehabilitation of the resident prepared with the participation
				  of the resident, the mental health or drug or alcohol services case manager
				  assigned to the resident and the administrator of facility, or his or her
				  designee. Supportive assistance shall not include medical service.
Added at 13 Ok Reg 3305,
				  eff 9-1-96 (emergency); Amended at 16 Ok Reg 1479, eff 7-1-99; Amended at 18 Ok
				  Reg 2172, eff 7-1-01; Amended at 19 Ok Reg 1379, eff 7-1-02; Amended at 20 Ok
				  Reg 1295, eff 7-1-03; Amended at 21 Ok Reg 1061, eff 7-1-04; Amended at 23 Ok
				  Reg 1418, eff 7-1-06; Amended at 25 Ok Reg 2522, eff 7-11-08; Amended at 29 Ok
				  Reg 653, eff 7-1-12