reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-12 - Right to practice religion of choice

Current through Vol. 41, No. 20, July 1, 2024
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.
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-13 - Right to vote

Current through Vol. 41, No. 20, July 1, 2024
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.
Amended at 19 Ok Reg
					 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff
					 7-1-03
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-15 - Right to periodic review of treatment plan [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-16 - Rights regarding medication and treatment during pre-screening detention

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-17 - Right to informed consent regarding treatment [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-18 - Right to consultant opinions

Current through Vol. 41, No. 20, July 1, 2024
(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.
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-19 - Right to access additional information

Current through Vol. 41, No. 20, July 1, 2024
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 .
Amended at 10 Ok Reg
					 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff
					 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-20 - Rights regarding release of consumer related information either contained in the medical record or otherwise held by the facility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-20.2 - Validity of written consent

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-21 - Rights regarding labor by consumers

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-22 - Rights regarding consumer government

Current through Vol. 41, No. 20, July 1, 2024
(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.
(c) Staff shall not censor, impede or
				  otherwise attempt to coerce or control consumer government
				  committees.
(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.
Amended at 10 Ok Reg
					 4093, eff 7-26-93; Amended at 19 Ok Reg 1363, eff
					 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-23 - Right to assert grievances [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-23.1 - Right to assert grievances

Current through Vol. 41, No. 20, July 1, 2024
(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.
Added at 21 Ok Reg
					 1726, eff 7-1-04; Amended at 28 Ok Reg 903, eff
					 7-1-11
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-24 - Right to competence examination and statement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-25 - Right to information and services to be provided consumers being discharged

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-26 - Right to freedom from retaliation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-28 - Right to name a Treatment Advocate

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-29 - Access to services for consumers with disabilities

Current through Vol. 41, No. 20, July 1, 2024
(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.
Added at 28 Ok Reg
					 903, eff 7-1-11
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-35 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
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.
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-36 - Policy, procedures and provisions for grievances, ODMHSAS operated facilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-37 - Response to documented emergency/treatment decision [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-38 - Treatment team [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-39 - Administrative review [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-40 - Hearing board [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-41 - Appeal [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-42 - Responsibility of Patient Advocate Office [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-43 - Grievance Hearing ODMHSAS operated facilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-44 - Appeals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 3 - CONSUMER GRIEVANCE PROCEDURE › Section 450:15-3-45 - Consumer Grievance Policy and Procedures and local advocacy activities

Current through Vol. 41, No. 20, July 1, 2024
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;
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 5 - DEPARTMENT APPROVED SYNOPSIS - DOMESTIC VIOLENCE/SEXUAL ASSAULT SHELTER RESIDENTS' BILL OF RIGHTS [REVOKED] › Section 450:15-3-52 - Applicability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 5 - DEPARTMENT APPROVED SYNOPSIS - DOMESTIC VIOLENCE/SEXUAL ASSAULT SHELTER RESIDENTS' BILL OF RIGHTS [REVOKED] › Section 450:15-3-53 - Domestic violence/sexual assault shelter residents' general rights statement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-60 - Right to access designated record set from facilities operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
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.
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
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-61 - Denial of Access to the Designated Record Set from Facilities Operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-62 - ODMHSAS action on consumer's request for access to the designated record set from facilities operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-63 - Consumer's request for review of denial of access to the designated record set from facilities operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
(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.
(c)
				  The Privacy Officer shall promptly inform the consumer by letter of the outcome
				  of the review.
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-64 - Right to Request Amendment of Designated Record Set from Facilities Operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-65 - Right to Request Confidential Communications from Facilities Operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
(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.
(c) Alternative locations may include an
				  alternative address other than the consumer's home address.
(d) To request alternative communications,
				  the consumer must provide the facility with the request in writing and specify
				  the alternative means or location.
Added at 20 Ok Reg
					 654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff
					 7-1-03
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 7 - CONSUMER ACCESS TO HEALTH INFORMATION, FACILITIES OPERATED BY ODMHSAS › Section 450:15-3-66 - Right to an accounting of disclosures from facilities operated by ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
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;
(C) Authorized by the
				  consumer;
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 9 - CLIENT RIGHTS, DOMESTIC VIOLENCE, BATTERER'S INTERVENTION SEXUAL ASSAULT PROGRAMS AND SHELTERS [Transferred] › Section 450:15-3-70 - Applicability [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
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)
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 9 - CLIENT RIGHTS, DOMESTIC VIOLENCE, BATTERER'S INTERVENTION SEXUAL ASSAULT PROGRAMS AND SHELTERS [Transferred] › Section 450:15-3-71 - Client right to information, refused services [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
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)
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 9 - CLIENT RIGHTS, DOMESTIC VIOLENCE, BATTERER'S INTERVENTION SEXUAL ASSAULT PROGRAMS AND SHELTERS [Transferred] › Section 450:15-3-72 - Client rights [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
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)
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 9 - CLIENT RIGHTS, DOMESTIC VIOLENCE, BATTERER'S INTERVENTION SEXUAL ASSAULT PROGRAMS AND SHELTERS [Transferred] › Section 450:15-3-73 - Client's grievance policy and procedures [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
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)
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-80 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
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.
Added at 21 Ok Reg
					 1726, eff 7-1-04
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-82 - Resident right to fee information

Current through Vol. 41, No. 20, July 1, 2024
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.
Added at 21 Ok Reg
					 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff
					 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-83 - Resident right to information, refused services

Current through Vol. 41, No. 20, July 1, 2024
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.
Added at 21 Ok Reg
					 1726, eff 7-1-04
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-84 - Resident rights regarding group visitations

Current through Vol. 41, No. 20, July 1, 2024
(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.
Added at 21 Ok Reg
					 1726, eff 7-1-04
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-85 - Resident Grievance Policy & Procedures

Current through Vol. 41, No. 20, July 1, 2024
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:
(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.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-1 - Applicability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-2 - Inappropriate conduct [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-3 - Conduct Review Committee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-4 - Committee membership [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-5 - Authority and duties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-6 - Committee procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 5 - Employee Responsibilities [REVOKED] › Part 1 - OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES CONDUCT REVIEW COMMITTEE [REVOKED] › Section 450:15-5-7 - Reporting procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
					 4093, eff 7-26-93