reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-4 - Reviewing authority

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may
				certify community mental health centers, community residential mental health
				facilities, community-based structured crisis centers, eating disorder
				treatment programs, alcohol and drug treatment programs, outpatient mental
				health treatment programs (mental illness treatment programs), comprehensive
				addiction treatment centers, programs of assertive community treatment,
				gambling addiction treatment programs, and narcotic treatment programs as cited
				in Section
				450:1-9-1,
				and directs that such shall be carried out as stated in this
				subchapter.
(b) The Commissioner or
				designee may approve certifications subsequent to initial certifications for
				Permits for Temporary Operations, and probationary certifications. Such
				certifications must be presented at the next ODMHSAS Board meeting for Board
				review and confirmation. In the event the Board does not confirm the
				certification status granted by the Commissioner or designee, the certification
				shall expire no later than thirty (30) days from the Board's action as
				stipulated in a written notice provided to the organization for which the
				certification was denied.
(c) The
				Board, or the Commissioner or designee, may also certify qualified individuals
				to perform within the scope of specific functions to provide treatment or
				support services related to behavioral health services. Certification of
				individuals shall be carried out as stated in OAC 450: 1 and in accordance with
				applicable requirements specified in other chapters of OAC 450.
(d) The Commissioner of ODMHSAS may grant or
				extend a Permit for Temporary Operations to respond to unplanned changes that
				create an emergency need for service provision in the public behavioral health
				delivery system for services operated by or funded by ODMHSAS.
(1) Provider Certification shall conduct a
				site review at the designated facility which must meet the minimal compliance
				requirements as cited in
				450:1-9-7.
(2) The application procedure for completion
				of the certification process shall be accomplished in accordance with
				450:1-9-6
				and
				450:1-9-7.
(3) The Permit for Temporary Operations
				emergency certification status granted to the facility by the Commissioner as
				described above must be presented at the next ODMHSAS Board meeting for Board
				review and confirmation. In the event the Board does not confirm the Temporary
				Certification status granted by the Commissioner, the Permit for Temporary
				Operations expire no later than thirty (30) days from the Board's action as
				stipulated in a written notice provided to the organization for which the
				Permit was denied.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5 - Qualifications for certification of facilities, programs and individuals

Current through Vol. 41, No. 20, July 1, 2024
(a) Qualifications for certification of
				facilities and programs providing mental health, substance related, or
				addictive disorder treatment services are as follows:
(1) Substantial compliance with applicable
				Standards and Criteria as authorized within the authority of Title 43A of the
				Oklahoma Statutes, including but not limited to those Core Organizational
				Standards, Core Operational Standards and Quality Clinical Standards formally
				codified in Title 450 regulating the area for which certification is sought:
(A) Chapter 16, Standards and Criteria for
				Community Residential Mental Health Facilities;
(B) Chapter 17, Standards and Criteria for
				Community Mental Health Centers;
(C) Chapter 18, Standards and Criteria for
				Substance Related and Addictive Disorder Treatment Services;
(D) Chapter 23, Standards and Criteria for
				Community Based Structured Crisis Centers;
(E) Chapter 24, Standards and Criteria for
				Comprehensive Community Addiction Recovery Centers;
(F) Chapter 27, Standards and Criteria for
				Mental Illness Service Programs;
(G) Chapter 55, Standards and Criteria for
				Programs of Assertive Community Treatment;
(H) Chapter 60, Standards and Criteria for
				Certified Eating Disorder Treatment Programs;
(I) Chapter 65, Standards and Criteria for
				Gambling Treatment Programs; and
(J) Chapter 70, Standards and Criteria for
				Opioid Substitution Treatment Programs.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.1

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok
					 Reg 1397, eff 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.2

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok
					 Reg 1398, eff 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.3

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok
					 Reg 1398, eff 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.4 - Core organizational standards for facilities and programs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Governing Authority.
With
				the exception of facilities certified under Chapter 16 of this Title, all
				facilities and programs shall have documents of authority, which shall be
				available to the public and ODMHSAS upon request. Documents of authority shall
				identify the duly constituted authority and governance structure for assuring
				legal responsibility and for requiring accountability for performance and
				operation of the facility (including all components and satellites). The
				documents of authority shall indicate:
(1)
				Eligibility criteria for governing body membership;
(2) The number and types of membership;
(3) The method of selecting
				members;
(4) The number of members
				necessary for a quorum;
(5)
				Attendance requirements for governing body membership;
(6) The duration of appointment or election
				for governing body members and officers; and
(7) The powers and duties of the governing
				body and its officers and committees or the authority and responsibilities of
				any person legally designated to function as the governing body.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.5 - Core operational standards for facilities and programs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Physical facility environment and
				safety.
(1) All facilities shall have
				written policies and procedures to ensure the safety and protection of all
				persons within the facility's physical environment, including all leased or
				owned property and buildings.
(2)
				All facilities shall be in compliance with applicable fire and safety
				regulations, codes, and statutory requirements of the federal, state, and local
				government. This shall include, but not be limited to, the Universal
				Precautions for Transmission of Infectious Diseases from the Occupations Safety
				Health Administration (OSHA).
(3)
				All facilities shall have an annual fire and safety inspection from the State
				Fire Marshal or local fire department which documents approval for continued
				occupancy. All facilities shall keep a copy of the inspection documentation and
				any correspondence regarding any deficiency at the facility.
(4) All facilities shall have an emergency
				preparedness plan to meet the needs of consumers, visitors, and staff during a
				disaster. The emergency preparedness plan shall be evaluated annually and
				shall, at a minimum, address:
(A) Fires;
(B) Floods;
(C) Tornadoes;
(D) Explosions;
(E) Chemical spills; and
(F) Prolonged loss of heat, light, water, and
				air conditioning.
(5) All
				facilities shall have a designated Safety Officer.
(6) There shall be written plans and diagrams
				posted prominently noting emergency evacuation routes and shelter locations.
(7) All facilities shall have fire
				alarm systems. All alarms shall be in working order and have visual signals
				suitable for individuals with a hearing impairment.
(8) There shall be emergency power to supply
				lighting throughout each location where consumers receive services.
(9) Storage of dangerous substances (toxic or
				flammable substances) shall be in locked, safe areas or cabinets.
(10) There shall be a written plan for the
				protection and preservation of consumer records in the event of a disaster.
(11) If the facility serves
				children or adolescents in any form of residential care, there shall be outside
				play and recreational space and equipment provided which:
(A) Is protected and free from hazards;
(B) Is safely accessible from
				indoors;
(C) Has supplies and
				equipment maintained safely; and
(D) Has some shade provided.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.6 - Quality clinical standards for facilities and programs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Staff qualifications.
(1) All staff who provide clinical services
				within facilities and programs shall have documented qualifications or training
				specific to the clinical services they provide.
(2) Each facility or program shall have
				policies and procedures for documenting and verifying the training, experience,
				education, and other credentials of service providers prior to their providing
				treatment services for which they were hired. All staff shall be documented as
				privileged prior to performing treatment services.
(3) All direct care staff shall be at least
				eighteen (18) years old.
(4) Each
				facility or program shall minimally perform a review each calendar year of
				current licensure, certifications, and current qualifications for privileges to
				provide specific treatment services.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.7 - Types and duration of certification status for facilities and programs

Current through Vol. 41, No. 20, July 1, 2024
(a) The ODMHSAS may grant the following types
				of certification for the durations specified below.
(1)
Permit for Temporary
				Operations.
A Permit for Temporary Operations may be granted upon
				ODMHSAS's verification that the organization has substantially complied with
				Core Organizational Standards and Core Operational Standards applicable to the
				type of services for which Certification is sought. A Permit for Temporary
				Operations allows for the organization to begin operations so that compliance
				with Quality Clinical Standards may be assessed by the Department.
(A) A Permit for Temporary Operations will be
				granted for six (6) months and will expire upon subsequent certification
				achieved by the organization or upon a determination by ODMHSAS that the
				organization is not in substantial compliance with Quality Clinical Standards.
(B) Organizations shall notify
				ODMHSAS in writing no later than fourteen (14) calendar days after initiating
				clinical services in order to begin the compliance review of Quality Clinical
				Standards. Failure to provide such notification within the required timeframe
				may result in immediate termination of the Permit for Temporary Operation.
(C) A Permit for Temporary
				Operations may not be renewed. ODMHSAS may extend a Permit for Temporary
				Operations for no more than ninety (90) days in the event of extenuating
				circumstances as determined by ODMHSAS.
(D) Organizations that do not achieve
				subsequent Certification after obtaining a Permit for Temporary Operations must
				wait a minimum of ninety (90) days before making re-application.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.8 - Types and duration of certification of individuals

Current through Vol. 41, No. 20, July 1, 2024
(a) Certification for organizations and
				individuals providing alcohol and drug abuse course instruction or assessments
				will be in accordance with requirements and procedures stipulated in OAC
				450:21.
(b) Certification for
				Behavioral Health Case Managers will be in accordance with requirements and
				procedures stipulated in OAC 450:50.
(c) Certification for Recovery Support
				Specialists will be done in accordance with requirements and procedures
				stipulated in OAC 450:53.
(d)
				Certification for Problem Gambling Treatment Counselors will be done in
				accordance with requirement and procedures stipulated in OAC 450:75.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-5.9 - Additional conditions related to certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Organizations granted certification,
				including Permits for Temporary Operations , shall only publically refer to
				ODMHSAS Certification in relationship to the specific services, locations, and
				dates applicable to each currently granted ODMHSAS Certification. This includes
				all published materials, electronic media, and information posted within a
				facility. Failure to adhere to this restriction can be cause for action related
				to Certification in accordance with 1-5-4.
(b) ODMHSAS may conduct unannounced
				additional certification site visits at programs granted Probationary
				Certification and programs granted 1-Year Certification.
(1) A site visit report will be supplied to
				the program or facility within five (5) days of the site visit unless precluded
				by extenuating circumstances.
(2)
				If deficiencies are noted, the program or facility must file a Plan of
				Correction addressing all deficiencies within ten (10) days of receipt of the
				report.
(3) Deficiencies verified
				during the unannounced site visit that indicate danger to the health, safety
				and/or welfare of the clients will result in immediate suspension and/or
				revocation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-6 - Procedures for application for certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications for certification as a
				facility or program must be made to ODMHSAS in writing on a form and in a
				manner prescribed by ODMHSAS and include the following:
(1) A fully completed ODMHSAS 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
				payable to the Oklahoma Department of Mental Health and Substance Abuse
				Services.
(4) The following fees
				are required:
(A) Application fee for all
				Treatment Programs is $1,000 per certification period.
(B) Application fee for Community Residential
				Mental Health Programs is $100 per certification period.
(5) The application may require a listing of
				all services provided by the applicant, as well as specifics about the
				applicant including but not limited to governing authority, administrative,
				fiscal, proof of status as a business entity recognized by the State of
				Oklahoma, Secretary of State, all locations or sites where applicant will
				provide services and types of services to be provided.
(6) The application must include a listing of
				key personnel responsible for business and clinical operations of the facility.
				At a minimum, the application will require a listing of the following, along
				with current contact information:
(A) Agency
				director;
(B) Business director or
				financial officer;
(C) Clinical
				director, currently licensed in the clinical area(s) for which certification is
				sought.
(i) If both substance use disorder
				treatment and mental health treatment services will be provided by the entity,
				the Clinical Director must have evidence of dual license or additional training
				in the area for which they are not currently licensed.
(ii) The facility must also provide evidence
				that the Clinical Director will be employed to serve as Clinical Director a
				minimum of ten (10) hours per week.
(7) ODMHSAS may refund certification fees
				based on exemplary performance during the Certification process for which the
				application has been submitted and based on guidelines established by ODMHSAS.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-6.1 - Expanding certification of facilities and programs to additional geographical areas

Current through Vol. 41, No. 20, July 1, 2024
(a) After initial
				certification, a facility or program may request to add additional service
				locations within the state. A Community Mental Health Center may only request
				to add additional Community Mental Health Center locations within its service
				area established by ODMHSAS in accordance with 43A O.S. § 3-302 (3).
(b) Such additional service
				locations do not require a Permit for Temporary Operations for certification,
				provided that the organization has an existing certification(s) in good
				standing for the chapter(s) which cover the scope of services in the additional
				service locations. The existing certification(s) must not be a Permit for
				Temporary Operations.
(c) If the
				additional service locations will provide services not covered by the
				organization's existing certifications, the organization must first obtain a
				Permit for Temporary Operations for the applicable services.
(d) Approval for additional service locations
				specified in (b) above may be granted by the Commissioner or designee upon
				submission of the following required documentation to ODMHSAS:
(1) The facility must notify ODMHSAS in
				writing of the plan to expand service locations on a form and in a manner
				prescribed by ODMHSAS.
(2) The
				required written documentation and supporting evidence includes, but is not
				limited to:
(A) fire & safety inspection;
(B) facility policies and
				procedures;
(C) zoning compliance;
				and
(D) evidence of compliance with
				Title 43A O.S. §
											3-417.1,
				if applicable.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-6.2 - Adding new programs or optional services

Current through Vol. 41, No. 20, July 1, 2024
(a) After initial certification, a facility
				or program may request to add additional programs or optional
				services.
(b) Addition of new
				programs do not require a Permit for Temporary Operations for certification,
				provided that:
(1) The organization has an
				existing certification(s) in good standing for the chapter(s) which cover the
				new program. The existing certification(s) must not be a Permit for Temporary
				Operations; and
(2) The new program
				is providing services that are the same or lower level of care than the
				program(s) currently certified with the organization. If the new program is
				providing services at a higher or more restrictive level of care, the
				organization must first obtain a Permit for Temporary Operations for the
				applicable services.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-7.3 - Additional certification procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Site reviews.
The following conditions will apply to site visits
				and other related certification reviews conducted by ODMHSAS.
(1) Initial, renewal or follow-up site
				reviews, based on the current certification status of the applicant, will be
				scheduled and conducted by designated representatives of the ODMHSAS at each
				location or site of the applicant. ODMHSAS may conduct virtual site visits at
				its discretion.
(2) ODMHSAS may
				require materials be submitted to Provider Certification, in a form determined
				by ODMHSAS, prior to on-site visits to verify compliance with applicable Core
				Organizational Standards, Core Operational Standards, and/or Quality Clinical
				Standards.
(3) One or more site
				review(s) may be conducted to determine compliance with prior deficiencies as
				well as with standards not applicable during the prior certification visit(s).
(4) A minimum number of consumer
				records, as determined by ODMHSAS, shall be made available for review to
				determine compliance with applicable Quality Clinical Standards. For
				organizations unable to provide the required minimum of records, the current
				certification status, including a Permit for Temporary Operations, will be
				allowed to expire. ODMHSAS may require review of additional consumer records to
				assure a representative sample of records is evaluated to determine compliance
				with Quality Clinical Standards.
(5) A Site Review Protocol shall be completed
				during each certification review. Protocols shall contain the current ODMHSAS
				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 consumer safety or
				health, the reviewer(s) shall notify the facility director and appropriate
				ODMHSAS staff. An immediate suspension of certification may be made by the
				Commissioner of ODMHSAS.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-7.4 - Actions on Non-Certified Providers

Current through Vol. 41, No. 20, July 1, 2024
If at the initial site review it is found the facility is
				  providing services prior to the granting of an ODMHSAS certification status,
				  applicable for those services being provided and in violation of statutory
				  requirements, including prior to the granting of a Permit for Temporary
				  Operations, the following actions will be taken:
(1) The review will be continued and will
				include a review of all applicable Core Organizational Standards, Core
				Operational Standards, and Quality Clinical Standards.
(2) Programs found to have initiated
				operations prior to the awarding of a Permit for Temporary Operations for the
				services for which certification is statutorily required shall obtain the
				necessary Permit for Temporary Operations to continue operations.
(3) The applicant must comply within twenty
				(20) working days of the initial certification visit, with all applicable Core
				Organizational Standards, Core Operational Standards, and Quality Clinical
				Standards for a report for consideration of Permit for Temporary Operation to
				be made to the Board. Failure to achieve the required compliance level shall
				result in a denial for Certification and an Order issued to cease the provision
				of services, if applicable.
(4) If
				the applicant achieves the required compliance level within the required time
				frame, a Permit for Temporary Operations may be granted.
(5) Subsequent to the Permit for Temporary
				Operations, these programs will be eligible for Certification for a one (1)
				year period only for the first two (2) years of Certification.
Added at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok
					 Reg 1403, eff 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-8 - Duration of certification status [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 3335,
				  eff 7-5-94; Amended at 13 Ok Reg 2209, eff 7-1-96; Amended at 15 Ok Reg 2741,
				  eff 7-1-98; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg 521,
				  eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01; Amended at 19
				  Ok Reg 1346, eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 22
				  Ok Reg 2099, eff 7-1-05; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 24
				  Ok Reg 2554, eff 7-12-07; Revoked at 27 Ok Reg 2200, eff
				  7-11-10
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-8.1 - Site reviews

Current through Vol. 41, No. 20, July 1, 2024
ODMHSAS may conduct a site review or visit or an
				  investigation, which may or may not be unannounced. Reasons for such review
				  include but are not limited to:
(1)
				verification of continued compliance with Standards and Criteria and related
				regulations;
(2) determination of
				correction of cited deficiencies;
(3) receipt of a complaint;
(4) change in ownership, management, Board
				membership, or 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 or
				verification of external accreditation status.
Added at 20 Ok Reg 2100, eff 7-1-03 ; Amended at 30 Ok Reg
					 1404, eff 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-9 - Bases for a decision to issue administrative sanction of suspension, or revocation

Current through Vol. 41, No. 20, July 1, 2024
(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 bases:
(1) failure to comply with certification
				standards;
(2) failure to comply
				with appropriate statutory licensing provisions;
(3) violation of consumer rights or consumer
				confidentiality;
(4) endangerment
				of the safety, health, and/or the physical or mental well-being of a consumer
				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 consumer, potential
				consumer, 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 consumers;
(9) refusal of
				access to a facility or any program components by ODMHSAS personnel when
				conducting announced or unannounced site visits pursuant to this Chapter;
				or
(10) any other just
				cause.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-9.1 - Appeal of an issued administrative sanction

Current through Vol. 41, No. 20, July 1, 2024
(a) Any determination of the ODMHSAS
				regarding the suspension or revocation of a certification may be appealed by
				the aggrieved party to the ODMHSAS Board.
(b)
Appeal.
The proposed order
				shall become final unless a party files and serves a written request for an
				appeal to the Board with the Hearing Clerk within fifteen (15) calendar days of
				the filing of the proposed order.
(c)
Briefs and exceptions.
In
				the event an appeal to the Board is requested, all parties will be given the
				opportunity to file briefs and exceptions to the proposed order.
(d)
Hearing.
When a request for
				an appeal is filed, the matter will be set on the agenda of the next Board
				meeting, unless the request is filed fifteen (15) calendar days or less prior
				to the next scheduled Board meeting, in which case it will be set on the agenda
				of the following meeting. At the Board meeting, the parties shall be permitted
				to present their briefs and oral argument; the length of oral argument shall be
				determined by the chair of the Board. Upon conclusion of oral argument by the
				parties, the Board may convene in executive session to deliberate the
				matter.
(e)
Issuance and
				service of order.
Within thirty (30) calendar days after the appeal
				hearing before the Board, the Board shall issue an Order stating the findings
				of fact made and the conclusions of law reached, and specifying the action to
				be taken. The Hearing Clerk shall file the Order and serve it on the parties;
				the respondent(s) shall be served by certified mail, return receipt
				requested.
(f)
Appeal.
A party may appeal an Order as provided in the APA.
Added at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-9.2 - Voluntary relinquishment of certification

Current through Vol. 41, No. 20, July 1, 2024
A facility that is the subject of an investigation into, or a
				  pending proceeding involving an administrative sanction pursuant to
				  450:1-9-9
				  may voluntarily relinquish its ODMHSAS certification in lieu of a certification
				  suspension or revocation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-10 - Contingency for non-action by the Board

Current through Vol. 41, No. 20, July 1, 2024
In the event the Board of Mental Health and Substance Abuse
				  Services does not meet during the month a facility's certification is due for
				  consideration, or is unable for any reason to consider the certification in a
				  timely manner, any current certification status shall be automatically extended
				  until the next meeting of the Board, unless to do so would endanger the health,
				  welfare and safety of consumers, and there would be a danger of imminent
				  harm.
Added at 11 Ok Reg 3335,
				  eff 7-5-94; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-11 - Hearings and appeals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 3335,
				  eff 7-5-94; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346,
				  eff 7-1-02; Revoked at 20 Ok Reg 2100, eff
				  7-1-03
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-12 - Reapplication following denial, suspension, revocation or voluntary relinquishment of certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Reapplication for consideration of certification for any program for which
				certification has been suspended, revoked or relinquished pending
				administrative sanction will not be accepted or considered unless at least
				twelve (12) months have passed since issuance of an Order of suspension or
				revocation.
(b) Reapplication for
				consideration of certification for any program for which certification has been
				voluntarily relinquished pursuant to a mutual agreement between the program and
				ODMHSAS will not be accepted or considered unless at least six (6) months have
				passed since the relinquishment.
(c) The cost of certification review, the
				record, and administrative sanction proceedings shall be advanced by ODMHSAS.
				Where a certification review results in an administrative sanction, the cost of
				the certification review, the record, and administrative sanction proceedings
				shall be surcharged against the sanctioned facility. Costs of administrative
				sanction proceedings shall include costs of prosecution of the sanction
				imposed. Reapplication for consideration of certification will not be
				considered unless and until the sanctioned facility pays such costs to
				ODMHSAS.
Added at 11 Ok Reg 3335,
				  eff 7-5-94; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346,
				  eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 21 Ok Reg 1724,
				  eff 7-1-04; Amended at 23 Ok Reg 1941, eff
				  7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-13 - Designated emergency examination sites

Current through Vol. 41, No. 20, July 1, 2024
(a) ODMHSAS shall maintain a list of
				facilities designated by the Commissioner as appropriate to conduct emergency
				examinations to determine if emergency detention is warranted. All hospitals
				licensed by the Oklahoma State Department of Health who have a designated
				emergency department and who have an LMHP on staff, under contract, or on call,
				shall automatically be designated as an emergency examination site.
(b) The following types of facilities may be
				placed on the list of designated emergency examination facilities:
(1) Hospitals licensed by the Oklahoma State
				Department of Health;
(2) Community
				Mental Health Centers certified by the Board pursuant to Chapter 17 of Title
				450 of the Oklahoma Administrative Code;
(3) Community-based Structured Crisis Centers
				certified by the Board pursuant to Chapter 23 of Title 450 of the Oklahoma
				Administrative Code;
(4) Facilities
				operated by ODMHSAS; or
(5)
				Hospitals accredited by JCAHO, CARF, the Accreditation for Health Care/Health
				Facility Accreditation Program (ACHC/HFAP), or the Center for Improvement in
				Health Care Quality (CIHQ).
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 9 - Certification and Designation of Facility Services › Section 450:1-9-14 - Designated emergency detention sites

Current through Vol. 41, No. 20, July 1, 2024
(a)
				ODMHSAS shall maintain a list of facilities designated by the Commissioner as
				appropriate for emergency detention. All hospitals licensed by the Oklahoma
				State Department of Health who have an LMHP on staff, under contract, or on
				call and have designated beds for the treatment of mental health or substance
				abuse disorders, shall automatically be designated as an emergency detention
				site.
(b) The following types of
				facilities may be placed on the list of designated emergency detention
				facilities:
(1) Hospitals licensed by the
				Oklahoma State Department of Health;
(2) Community Mental Health Centers certified
				by the Board pursuant to Chapter 17 of Title 450 of the Oklahoma Administrative
				Code;
(3) Community-based
				Structured Crisis Centers certified by the Board pursuant to Chapter 23 of
				Title 450 of the Oklahoma Administrative Code; and
(4) Facilities operated by ODMHSAS;
				or
(5) Hospitals accredited by
				JCAHO, CARF, ACHC/HFAP, or CIHQ.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to insure conformity with
				  the requirements of the U. S. Department of Health and Human Services, Public
				  Health Service, Office of Research Integrity in the event the ODMHSAS is the
				  recipient of Public Health Service research grants, fellowships, or cooperative
				  agreements; or is involved with such research grants, fellowships, or
				  cooperative agreements on either a pass-through or oversight responsibility
				  basis [ 42 CFR Part 50, Subpart A, and 42 CFR § 50.103(c)
				  ].
Added at 14 Ok Reg 675,
				  eff 12-24-96 (emergency); Added at 14 Ok Reg 1906, eff 5-27-97; Amended at 19
				  Ok Reg 1346, eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
The ODMHSAS, all subrecipients and all ODMHSAS contractors
				  and their subcontractors involved with U.S. Public Health Services research
				  grants, fellowships, or cooperative agreements are bound by this
				  subchapter.
Added at 14 Ok Reg 675,
				  eff 12-24-96 (emergency); Added at 14 Ok Reg 1906, eff 5-27-97; Amended at 19
				  Ok Reg 1346, eff 7-1-02; Amended at 20 Ok Reg 2100, eff
				  7-1-03
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-3 - Policy, scientific misconduct allegations

Current through Vol. 41, No. 20, July 1, 2024
(a) For any research grants, fellowships or
				cooperative agreements by the (U.S.) Public Health Service for which the
				ODMHSAS is either the direct recipient, or involved as a financial pass-through
				agent, or has any oversight responsibility, the "Model
Policy and Procedures for Responding to Allegations of
				  Scientific Misconduct" published by the (U.S.) Public Health Service, Office of
				  Research integrity, April 1995 (or any revisions/successor document thereto)
				  shall be utilized by ODMHSAS for responding to allegations of scientific
				  misconduct.
(b) This
				subchapter shall be distributed to all ODMHSAS operated facilities; and all
				entities contracting with, or certified by ODMHSAS providing Mental Health, or
				Substance Abuse, or both.
(c) This
				subchapter and a copy of the "Model Policy and Procedures for Responding to
				Allegations of Scientific Misconduct" shall be distributed to all ODMHSAS staff
				involved with, and any person or business entity with which ODMHSAS is involved
				with, in (U.S.) Public Health Service research grants, fellowships, and/or
				cooperative agreements.
(d)
				Pursuant to the "Model Policy and Procedures for Responding to Allegations of
				Scientific Misconduct", the Research Integrity Officer for ODMHSAS shall be the
				Chief of the Decision Support Services, ODMHSAS Central Office. All allegations
				of scientific misconduct shall be made to the Research Integrity
				Officer.
Added at 14 Ok Reg 675,
				  eff 12-24-96 (emergency); Added at 14 Ok Reg 1906, eff 5-27-97; Amended at 16
				  Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 23
				  Ok Reg 1941, eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-4 - Adherence to ethical principles

Current through Vol. 41, No. 20, July 1, 2024
All of the ODMHSAS's human subject activities, and all human
				  subject activities of the ODMHSAS IRB designated under the ODMHSAS Federal Wide
				  Assurance, regardless of funding source, shall be guided by the ethical
				  principles in The Belmont Report: Ethical Principles and Guidelines for the
				  Protection of Human Subjects of Research of the National Commission of the
				  Protection of Human Subjects of Biomedical and Behavioral
				  Research.
Added at 23 Ok Reg 1941,
				  eff 7-1-06; Amended at 27 Ok Reg 2200, eff
				  7-11-10
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-5 - Compliance with 45 C.F.R. Part 46

Current through Vol. 41, No. 20, July 1, 2024
Federally-supported human subject research for which the
				  ODMHSAS IRB provides review and oversight shall comply with 45 C.F.R. Part 46.
				  All human subject research supported by the Department of Health and Human
				  Services (HHS) shall comply with all Subparts of HHS regulations at Title 45
				  Code of Federal Regulations Part 46 ( 45 C.F.R. Part 46 ). All
				  federally-supported human subject research shall also comply with any
				  additional human subject regulations and policies of the supporting federal or
				  state department or agency. All federally-supported human subject research
				  shall comply with any human subject regulations and policies of any relevant
				  regulatory federal or state department or agency.
Added at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-6 - Authority of IRB

Current through Vol. 41, No. 20, July 1, 2024
Except for research exempted or waived under 45 C.F.R.
				  §46.101(b) &
(i), all human
				subject research for which the ODMHSAS IRB is responsible shall be reviewed,
				prospectively approved, and subject to continuing oversight by the ODMHSAS IRB.
				The ODMHSAS IRB shall have authority to approve, require modifications in, or
				disapprove the covered human subject research for which it is
				responsible.
Added at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-7 - Informed consent

Current through Vol. 41, No. 20, July 1, 2024
Except where specifically waived or altered by the ODMHSAS
				  IRB under 45 C.F.R. § 46.101(i), 46.116(c) & (d), or 46.117 (c) of all
				  research for which the ODMHSAS IRB is responsible requires written informed
				  consent, in nonexculpatory language understandable to the subject (or subject's
				  legally authorized representative), including the following basic elements per
				  45 C.F.R. § 46.116(a) & (b):
(1) Identification as research; purposes,
				duration, and procedures; procedures which are experimental;
2) Reasonable foreseeable risks or
				discomforts;
(3) Reasonable
				expected benefits to the subject or others;
(4) Alternative procedures or treatments, if
				any, that might be advantageous to the subject;
(5) Extent of confidentiality to be
				maintained;
(6) Whether
				compensation or medical treatment are available if injury occurs (if more than
				minimal risk);
(7) Whom to contact
				for answers to questions about the research, subjects' rights, and
				research-related injury;
(8)
				Participation is voluntary; refusal to participate, or discontinuation of
				participation, shall involve no penalty or loss of benefits to which subject is
				entitled; and
(9) When appropriate,
				additional elements per 45 C.F.R. § 45.116.
Added at 23 Ok Reg 1941,
				  eff 7-1-06
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 11 - Research › Section 450:1-11-8 - IRB Membership

Current through Vol. 41, No. 20, July 1, 2024
(a) The ODMHSAS IRB
				shall have at least five members, with varying backgrounds to promote complete
				and adequate review of research activities commonly conducted at facilities or
				programs operated or funded by ODMHSAS. The IRB shall be sufficiently qualified
				through the experience and expertise of its members, and the diversity of the
				members, including consideration of race, gender, and community attitudes, to
				promote respect for its advice and counsel in safeguarding the rights and
				welfare of human subjects. In addition to possessing the professional
				competence necessary to review specific research activities, the IRB shall be
				able to ascertain the acceptability of proposed research in terms of agency
				commitments and regulations, applicable law, and standards of professional
				conduct and practice. The IRB shall therefore include persons knowledgeable in
				these areas. If the IRB reviews research that involves a vulnerable category of
				subjects, such as children, prisoners, pregnant women, or handicapped or
				mentally disabled persons, consideration shall be given to the inclusion of one
				or more individuals who are knowledgeable about and experienced in working with
				these subjects.
(b) The
				Commissioner or designee shall appoint IRB members and the IRB
				chairperson.
(c) Every
				nondiscriminatory effort shall be made to ensure that the ODMHSAS IRB does not
				consist entirely of men or entirely of women, including the agency's
				consideration of qualified persons of both sexes, so long as no selection is
				made to the IRB on the basis of gender. No IRB may consist entirely of members
				of one profession.
(d) The ODMHSAS
				IRB shall include at least one member whose primary concerns are in scientific
				areas and at least one member whose primary concerns are in nonscientific
				areas.
(e) The ODMHSAS IRB shall
				include at least one member who is not otherwise affiliated with the ODMHSAS
				and who is not part of the immediate family of a person who is affiliated with
				ODMHSAS.
(f) ODMHSAS IRB Members
				will not participate in the IRB's initial or continuing review of any project
				in which the member has a conflicting interest, except to provide information
				requested by the IRB.
(g) The IRB
				may invite individuals with competence in special areas to assist in the review
				of issues, which require expertise beyond or in addition to that available on
				the IRB. These individuals may not vote with the IRB.
Added at 23 Ok Reg 1941,
				  eff 7-1-06; Amended at 27 Ok Reg 2200, eff
				  7-11-10