Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 7 - Office of Consumer Advocacy and Department Investigations › Part 1 - OFFICE OF CONSUMER ADVOCACY › Section 450:15-7-4 - Office of Consumer Advocacy powers and duties

Current through Vol. 41, No. 20, July 1, 2024
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.
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