Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 1 - General Provisions › Section 450:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Abuse"
means the causing or permitting of harm
				  or threatened harm to the health, safety, or welfare of a consumer by staff
				  responsible for the consumer's health, safety, or welfare, including but not
				  limited to:
(A) non-accidental physical
				injury or mental anguish;
(B)
				sexual abuse;
(C) sexual
				exploitation;
(D) use of mechanical
				restraints without proper authority;
(E) the intentional use of excessive or
				unauthorized force aimed at hurting or injuring the consumer; or
(F) deprivation of food, clothing, shelter,
				or healthcare by staff responsible for providing these services to a consumer;
				or
(G) verbal abuse.
"Advocate"
means an employee of the Office of
				  Consumer Advocacy, who provides assistance to consumers in exercising their
				  rights, listens to their concerns, encourages them to speak for themselves,
				  seeks to resolve problems, helps protect their rights, and seeks to improve the
				  quality of the consumer's life and care.
"Advocate General"
means the chief
				  administrative officer of the ODMHSAS Office of Consumer Advocacy.
"Board"
means Board of Mental Health and
				  Substance Abuse Services.
"Community mental health center"
or
"CMHC"
means a facility offering a comprehensive array of
				  community-based mental health services, including but not limited to, inpatient
				  treatment, outpatient treatment, partial hospitalization, emergency care,
				  consultation and education; and, certain services at the option of the center,
				  including, but not limited to, prescreening, rehabilitation services, pre-care
				  and aftercare, training programs, and research and evaluation.
"Comprehensive basis of accounting"
means a
				  system of accounting other than GAAP, including but not limited to statutory
				  basis, cash basis, or tax basis.
"Consumer"
means an individual, adult or child,
				  who has applied for, is receiving or has received mental health or substance
				  abuse evaluation or treatment services from a facility operated or certified by
				  ODMHSAS or with which ODMHSAS contracts.
"Consumer committee"
or
" Consumer
				  government"
means any established group within the facility comprised of
				  consumers, led by consumers and which meets regularly to address consumer
				  concerns to support the overall operations of the facility.
"Correctional institution"
means any penal or
				  correctional facility, jail, reformatory, detention center, work farm, halfway
				  house or residential community program operated by, or under contract to, the
				  United States, a State, a territory, a political subdivision of a State or
				  territory, or an Indian tribe, for the confinement or rehabilitation of persons
				  charged with or convicted of a criminal offense, or other persons held in
				  lawful custody. Other persons held in lawful custody includes juvenile
				  offenders adjudicated delinquent, aliens detained awaiting deportation, persons
				  committed to mental institutions through the criminal justice system,
				  witnesses, or others awaiting charges or trial.
"Crisis stabilization"
means emergency,
				  psychiatric, and substance abuse services for the resolution of crisis
				  situations and may include placement of an individual in a protective
				  environment, basic supportive care, and medical assessment, and, if needed,
				  referral to an ODMHSAS certified facility having nursing and medical support
				  available.
"Critical incident"
means an occurrence or set
				  of events inconsistent with the routine operations of a facility, service
				  setting, or otherwise routine care of a consumer. Critical incidents
				  specifically include, but are not necessarily limited to the following: adverse
				  drug events; self-destructive behavior; deaths and injuries to consumers,
				  staff, and visitors; medication errors; residential consumers that are absent
				  without leave (AWOL); neglect or abuse of a consumer; fire; unauthorized
				  disclosure of information; damage to or theft of property belonging to
				  consumers or the facility; other unexpected occurrences; or events potentially
				  subject to litigation. A critical incident may involve multiple individuals or
				  results.
"Department"
or
"ODMHSAS"
means the
				  Oklahoma Department of Mental Health and Substance Abuse services.
"Designated record set"
means health
				  information, in any medium including paper, oral, video, electronic, film,
				  audio and digital, maintained by or for facilities operated by ODMHSAS for the
				  purpose, in whole or in part, for making decisions about a consumer, that
				  is:
(A) The medical records about a
				consumer including but not limited to the intake, screenings, assessments,
				history and physical examination, psychosocial evaluation, consultation
				report(s), treatment and continuing care plan, medication record(s), progress
				notes, psychometric/psychological testing results, discharge assessment,
				discharge plan, discharge summary, physician orders, immunization record(s),
				laboratory reports, ancillary therapy notes and reports, and case management
				records; or
(B) The eligibility,
				billing and payment information and minimum data sets maintained by or for the
				facility.
(C) Records that are
				sometimes filed with the medical records but are not part of the designated
				record set include:
(i) Administrative
				records including court commitment paperwork, critical incident reports or peer
				review documents; and
(ii)
				Information compiled in anticipation of litigation.