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 450:15-3-14 - Right to treatment

Current through Vol. 41, No. 20, July 1, 2024
(a) Each consumer
				  shall be provided with prompt, competent and appropriate individualized
				  treatment that offers the consumer a realistic prospect of improvement.
				  Consumers who have problems in multiple domains shall be provided with
				  appropriately integrated attention to all of their needs within the context of
				  the treatment program. Each consumer shall be afforded treatment by sufficient
				  numbers of duly qualified facility personnel that meet applicable licensing or
				  certification or accreditation standards and conform to applicable rules of
				  ODMHSAS.
(b) Each consumer or his
				  or her legal guardian shall have the opportunity to be involved in the
				  consumer's treatment. An individual of the consumer's choice shall have the
				  opportunity to be involved in the consumer's treatment with the consent of the
				  consumer.
(c) Each consumer shall
				  be free from unnecessary, inappropriate or excessive medication. Medications
				  shall not be used for convenience of staff, to punish, or as a substitute for a
				  treatment program.
(d) Each
				  consumer shall have sufficient access during treatment to all prescribed and
				  over-the-counter medications that allows for administration of the consumer's
				  medications as prescribed or instructed by medical personnel and/or drug
				  labels, with the exception that a physician within the treatment facility may
				  provide consultation to the consumer regarding adverse reactions to the
				  medication regimen and revise the medication regimen based on concerns
				  regarding safety to the consumer. The consumer shall be informed of any changes
				  made and such situations shall be documented in the consumer's record,
				  including documentation of how the consumer was informed.
(e) If the consumer is involuntarily
				  committed, consideration shall also be given to whether the conditions that
				  resulted in the consumer's commitment still exist.
(f) Each consumer shall be informed of his or
				  her proposed and ongoing treatment, including participation in his or her
				  treatment plan and of the reasonable expectations and consequences of his or
				  her following or not following the plan.
(g) Each consumer who has a co-occurring
				  disorder shall receive services for those disorders. No program shall deny
				  services to a consumer for any disorder solely because that consumer is
				  displaying symptoms of, or receiving treatment for a co-occurring disorder of
				  another type.
(h) Each consumer is
				  entitled to receive a thorough treatment plan update to determine the value and
				  appropriateness of the present care and treatment being received, and the
				  necessity of continuing the consumer's care in the facility rather than in a
				  less restrictive environment outside the facility.
(i) Each consumer shall be informed of said
				  rights including the right of each consumer voluntarily admitted to refuse
				  treatment and the qualified right of an involuntary consumer to refuse
				  treatment, which shall be noted in the consumer's record.
(j) Each consumer shall be informed of the
				  benefits, risks (including side effects, both long and short term) of
				  medications prescribed.
(k) In the
				  presence of a significant change in the consumer's condition which creates an
				  emergency condition and danger to the consumer or to others, the attending
				  physician may order necessary treatment for the consumer without obtaining
				  informed consent. The circumstances constituting the emergency condition shall
				  be documented in the consumer's record.
(l) Each consumer has the right to know why
				  services are refused and the program shall provide a written explanation
				  concerning the reason he or she was refused certain services.
(m) Each consumer shall not be subject to
				  unnecessary, inappropriate or unsafe termination from treatment. Discharge
				  shall not take place as punishment for displaying symptoms of the consumer's
				  disorder.
Amended at 10 Ok Reg
					 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg
					 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg
					 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff
					 7-1-06