reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 625 - Certificate of Need Standards for ICF/MR › Section 310:625-1-2 - Service area

Current through Vol. 41, No. 20, July 1, 2024
For review purposes under these standards, the service area for
				an ICF/MR shall be the Mentally Retarded School Service Region, as designated
				by the State Department of Human Services, in which it is located or proposed
				for location. In the event an application for Certificate of Need is considered
				for a specialized ICF/MR facility for which only one or two facilities may be
				needed in the State, then the Department may treat the entire State as the
				service area.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 625 - Certificate of Need Standards for ICF/MR › Section 310:625-1-3 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
It shall be incumbent on each applicant to clearly demonstrate
				an unmet need for additional ICF/MR beds in the applicable service area and to
				demonstrate conformance with all standards specified herein.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 625 - Certificate of Need Standards for ICF/MR › Section 310:625-1-4 - Standards

Current through Vol. 41, No. 20, July 1, 2024
(a) No new ICF/MR beds, except ICF/MR 16s and
			 smaller, shall be approved in the service area unless the total number of
			 ICF/MR beds in the service area falls below the following standard: 84 ICF/MR
			 beds per 100,000 general population.
(b) An application for ICF/MR beds shall not
			 be approved unless the applicant demonstrates familiarity with and
			 understanding of certification standards for an ICF/MR, specified in 42 CFR
			 Section 442. 400.
(c) The identity
			 of the licensed administrator of the existing or proposed facility must be
			 provided by the applicant as a prerequisite to issuance of a Certificate of
			 Need.
(d) No additional ICF/MR
			 beds, whether proposed through construction or conversion of existing space,
			 shall be approved for any existing ICF/MR unless it has maintained an occupancy
			 rate of at least 95%, based upon a calculation of occupancy reflected in the
			 monthly average daily census reports of the Department of Human Services for
			 the most recent six month period for which official data is available when the
			 application is filed.
(e) Any
			 ICF/MR beds approved, but not yet in place in the service area, shall be
			 included in the evaluation for determining bed need specified in subsection
			 (a).
(f) Any existing ICF/MR which
			 proposes an expansion of beds by conversion or construction and which has a
			 record of questionable quality of care, as demonstrated through complaint
			 investigation records, or other means, may be denied a Certificate of Need
			 despite the conformity of the proposal to other standards delineated
			 herein.
(g) In determining the bed
			 need in subsection (a), the beds at the three state schools are hereby
			 determined to be the number of beds necessary to have a 90% occupancy, based
			 upon a calculation of occupancy reflected in the monthly average daily census
			 reports of the Department of Human Services for the most recent six month
			 period for which official data is available when the application is
			 filed.
(h) The Department shall
			 consider the relationship of a Certificate of Need application to any plan
			 adopted by the Department of Human Services concerning the distribution and
			 allocation of services for mentally retarded or developmentally disabled
			 persons.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 630 - Certificate of Need Standards for Licensed Nursing Facility Beds › Section 310:630-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter shall apply to Certificate of Need applications
				reviewed by the Department for proposed licensed nursing facility (LNF) beds.
				This Chapter establishes review criteria and standards.
(1) The Department shall use these standards
			 in considering an application's conformity to the Long Term Care Certificate of
			 Need Act.
(2) Each applicant who
			 proposes licensed nursing facility beds has the burden to clearly demonstrate
			 conformity to these standards.
(3)
			 For purposes of this Chapter, licensed nursing facility (LNF) beds shall
			 include all facilities defined under the Nursing Home Care Act, 63 O.S. Section
			 1-1901 et
			 seq., excluding any facility certified for service to the mentally
			 retarded.
Amended at 18 Ok Reg 2498,
				eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 630 - Certificate of Need Standards for Licensed Nursing Facility Beds › Section 310:630-1-2 - Service areas

Current through Vol. 41, No. 20, July 1, 2024
(a) For the
			 purposes of this Chapter, the service area for an LNF shall be presumed to be a
			 map mileage of fifteen miles from the location of the facility, except that the
			 service area shall be a radius of seven and one-half miles for any facility
			 located in the corporate limits of Tulsa or Oklahoma City, and any municipality
			 contiguous with boundaries of Tulsa or Oklahoma City.
(1) The map mileage for LNFs shall be
			 calculated based on the minimum distance on hard surface, all weather roads
			 from LNF to LNF using the State Transportation Department Planning Division's
			 current official General Highway Map by County or City which provides
			 sufficient detail for calculations of the distance between
			 facilities.
(2) The calculation of
			 the service area population shall include population data for the cities and
			 towns which fall within the service area, and an estimate of the service area
			 population which does not live in area cities or towns. If detailed official
			 population data are not available for a rural portion of the service area, the
			 estimate of the rural population shall be a prorated share of the county's
			 rural population based on the geographic size of the portion of the county
			 which is included in the facility's service area.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 630 - Certificate of Need Standards for Licensed Nursing Facility Beds › Section 310:630-1-3 - Standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant shall demonstrate that
			 existing licensed nursing facility beds are not and will not be adequate in the
			 service area described in
			 310:630-1-2, based
			 on the need of the population.
(1) The
			 applicant shall demonstrate that there are persons who need services in the
			 area but are unable to obtain those services due to the inadequacy of existing
			 LNF facilities in the area.
(2) The
			 applicant shall demonstrate the probable impact of the proposed beds on the
			 ratio of LNF beds to the number of persons age 75 and over statewide. The
			 applicant must show that the proposed new beds likely will not cause the
			 statewide ratio to exceed 179 beds per 1000 persons age 75 and over, and that
			 the project is consistent with the achievement of an optimal target ratio of
			 152 beds per 1000 persons age 75 and over.
(3) The applicant shall demonstrate the
			 probable impact of the proposed beds on the ratio of LNF beds to the number of
			 persons age 75 and over in the service area. No application shall cause an
			 excessive increase in the bed to population ratio of a service area. The
			 determination of whether or not an increase is excessive shall be based on the
			 percentage of increase a project will cause in an area's bed to population
			 ratio, and on a comparison of the area's bed to population ratio against the
			 statewide ratio.
(4) The most
			 recent population data published at the time the application is filed shall be
			 used. The source of population projections for current and future years shall
			 be based on year 2000 census data as published by the Oklahoma Department of
			 Commerce.
(5) If the applicant
			 proposes a special service area under
			 310:630-1-2, then
			 the applicant shall demonstrate that the target population will have access to
			 the proposed services through public or private transportation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter implements the Psychiatric and Chemical Dependency
				Facility Certificate of Need Act (63 O.S. Supp. 1990, Section 1-880.1 et seq.).
				Section 1-880.4 of the Act authorizes the Board of Health to adopt rules and
				regulations necessary to carry out its functions under this program, and to
				establish and administer review criteria and standards.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-1.1 - 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:
"Emergency"
means the urgent need to admit a
				person under 18 years of age for psychiatric or chemical dependency treatment
				services due to the imminent threat to life, health and/or safety of the person
				to be admitted and/or others.
"Temporary"
means the period of time, but not to
				exceed 72 hours, from when a person under 18 years of age presents at the
				hospital for emergency psychiatric or chemical dependency treatment services in
				a bed ordinarily used for an adult until the earliest time as determined by the
				physician that the person can be transferred appropriately within the hospital
				to a bed that is certified for persons under 18 years of age, or to another
				hospital where such a bed is available, or the emergency ceases.
"Appropriate transfer"
means a transfer in which
				the transferring hospital or unit provides the required treatment within its
				capability which minimizes the risks to the person's life, health and safety
				and such risks that may relate to others; and, in which the receiving hospital
				or unit has available space and qualified personnel for the psychiatric or
				chemical dependency treatment of persons under 18 years of age, and has agreed
				to accept transfer of the patient and to provide the indicated
				treatment.
Added at 9 Ok Reg 1975,
				eff 6-11-92
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
These standards apply to psychiatric or chemical dependency
				facilities, and to psychiatric or chemical dependency units or services
				operated in any hospital or related institution as defined in Section
				1-701 et
				seq. of Title 63.
Amended at 19 Ok Reg 2083,
				eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-4 - Service area

Current through Vol. 41, No. 20, July 1, 2024
The service area for a psychiatric and/or chemical dependency
				application shall be the mental health service area in which the service is to
				be located. The mental health service areas as most recently adopted by the
				Department of Mental Health are shown in Appendix A.
(1)
Alternative service areas.
The Department may consider an alternative service area if the applicant
			 clearly demonstrates the applicability of a different service area, based on
			 the following factors:
(A) The availability or
			 lack of practicing psychiatrists, psychologists, and other counseling or
			 support personnel.
(B) The
			 existence of an underserved population large enough to support an adequately
			 sized hospital-based and/or freestanding psychiatric or chemical dependency
			 service.
(C) The availability of
			 appropriate community mental health services to ensure a continuum of
			 treatment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-5 - Population-based need

Current through Vol. 41, No. 20, July 1, 2024
The applicant shall demonstrate that existing psychiatric and
				chemical dependency service beds are not and will not be adequate to meet the
				needs in the service area described in
				310:635-1-4.
(1)
Need.
The applicant shall
			 demonstrate that there are persons who need services in the area but are unable
			 to obtain those services due to the inadequacy of existing psychiatric and
			 chemical dependency service beds.
(2)
Impact.
The applicant shall
			 demonstrate the probable impact of the proposed beds on the ration of
			 psychiatric and chemical dependency beds to the population statewide. The
			 statewide ratio must not exceed 145 beds per 100,000 persons, while moving
			 towards an optimal target ratio of 117 beds per 100,000 persons.
(3)
Ratio.
The applicant shall
			 demonstrate the probable impact of the proposed beds on the ratio of
			 psychiatric and chemical dependency beds to the population in the service area.
			 No application shall cause an excessive increase in the bed to population ratio
			 of a service area. The determination of whether or not an increase is excessive
			 shall be based on the percentage of increase in a project will cause in an
			 area's bed to population ratio, and on a comparison of the area's bed to
			 population ratio against the statewide ratio.
(4)
Population projection.
The
			 most recent population figures published at the time the application is filed
			 shall be used. The source of population projections for current and future
			 years shall be based on year 2000 census data as published by the Oklahoma
			 Department of Commerce.
(5)
Target population.
If the applicant proposes a special service
			 area under
			 310:635-1-4, then
			 the applicant shall demonstrate that the target population will have access to
			 the proposed services through public or private transportation.
Amended at 19 Ok Reg 2083,
				eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-6 - Availability of alternative services

Current through Vol. 41, No. 20, July 1, 2024
The applicant shall demonstrate that alternative or substitute
				services are not and will not be available or are and will be inadequate to
				meet the needs of the population.
(1)
Alternatives.
The applicant's demonstration shall include
			 consideration of residential, halfway house, outpatient, day hospitalization,
			 or other less restrictive care settings in the service area.
(2)
Mean Occupancy.
An overall
			 mean occupancy rate of 75% shall be maintained in psychiatric and chemical
			 dependency beds in the service area described in 310:635-3-1, above, as a
			 prerequisite to the approval of additional beds whether in new or existing
			 facilities. This mean must be based upon data from all psychiatric and chemical
			 dependency beds in the service area using month reports submitted to the
			 Department of Health. This mean shall be calculated using data for the most
			 recent six month period for which reports are available as of the first day of
			 the month during which an application is initially filed.
(3)
Outstanding beds.
The
			 applicant shall demonstrate that the proposed beds are needed in addition to
			 any beds previously approved or exempted from review under the State
			 Certificate of Need law but not yet in operation in the service area.
(4)
Availability.
The applicant
			 must demonstrate the availability of appropriate linkages such as referral
			 protocols or joint venture agreements with similar or complementary
			 services.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-7 - Financial resources

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant
			 shall demonstrate adequate financial resources for the new or expanded services
			 and for the continued operation thereof.
(b) Sufficient capital must be available to
			 initiate and operate the proposed project.
(c) Financial arrangements shall be
			 reasonable and secure.
(d) The
			 project shall be financially viable through three years beyond
			 completion.
(e) Proposed charges
			 must be in line with prevailing rates of similar institutions providing similar
			 services in the general area.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-8 - [1] Staffing

Current through Vol. 41, No. 20, July 1, 2024
The applicant shall demonstrate that sufficient personnel will
				be retained or employed to meet the needs of all residents and to comply with
				all requirements for licensure and/or certification, if applicable. That
				demonstration shall include documentation of the availability or plans for
				recruitment of the following personnel as applicable to meet the program's
				needs.
(1) The medical administrator
			 (supervisor) or treatment coordinator must be a psychiatrist in a psychiatric
			 program, and may be an internist or family practice physician for chemical
			 dependency programs. This person may be retained on contract, or used through
			 referral for non-medical subacute programs. The number of medical
			 administrators or treatment coordinators shall be sufficient to meet program
			 needs.
(2) The
			 Director/Administrator may be in lieu of or in addition to the medical
			 administrator, subject to training and experience.
(3) The numbers of case workers, family
			 therapists, psychologists, and social workers shall be adequate to meet the
			 demands of the program design.
(4)
			 The activities assistant will organize and supervise occupational and
			 recreational programming.
(5) The
			 applicant shall provide for at least one R.N. on duty at all times, with
			 additional R.N.s adequate to meet program needs.
(6) Psychiatric technicians/mental health
			 workers may be non-licensed staff in addition to licensed nursing staff, and
			 the number shall be commensurate with the intensity of illness to be
			 treated.
(7) Medical records clerks
			 shall be sufficient to meet program needs.
(8) The applicant shall provide an education
			 specialist for school age patients.
(9) Clerical and support staff shall be
			 sufficient to meet program needs.
(10) Ancillary support personnel shall be
			 sufficient to meet program needs.
1In the initial codification
				of this agency's rules (12-31-91), two Sections were numbered as 310:635-1-8.
				Upon discovery of this error on 12-30-96, the number of the second Section was
				changed to 310:635-1-9.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-9 - [1] Other

Current through Vol. 41, No. 20, July 1, 2024
(a) A ten bed
			 psychiatric or chemical dependency unit is assumed to be the minimum size to
			 sustain services and staffing for an acute care hospital based psychiatric or
			 chemical dependency unit.
(b) If
			 coordination with a teaching or training program in the area is a part of the
			 proposed project, the applicant shall submit documentation of the participation
			 by, and the probable impact on, health personnel teaching or training
			 programs.
1In the initial codification
				of this agency's rules (12-31-91), two Sections were numbered as 310:635-1-8.
				Upon discovery of this error on 12-30-96, the number of the second Section was
				changed to 310:635-1-9.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 635 - Certificate of Need Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:635-1-10 - Temporary emergency admissions

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
			 temporary emergency shall be fully documented by the physician and the hospital
			 to include an explanation of the emergency, the services rendered to the
			 patient, an explanation of why an adult bed was used, and the length of stay in
			 the bed ordinarily used for an adult.
(b) A report on each admission under the
			 provisions for temporary emergency shall be made to the Department at the end
			 of the month of such admission. The report shall be on a form provided by the
			 Department. The form shall include length of stay, discharge date, diagnosis,
			 and patient record number.
(c) An
			 admission in accordance with the rules governing temporary emergencies, when
			 utilized and fully documented by the admitting physician and hospital, shall
			 not be considered a violation of the act.
Added at 9 Ok Reg 1975,
				eff 6-11-92
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter implement the Standards for
				  Workplace Drug and Alcohol Testing Act (40 O.S. Sections
				  551 et
				  seq., hereinafter, the Act).
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-3 - Qualifications of testing facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Drug screen testing facilities.
(1) Drug screen testing facilities not
				certified for forensic urine drug testing by the United States Department of
				Health and Human Services or accredited for forensic urine drug testing by the
				College of American Pathologists shall meet the provisions of this Chapter for
				the matrices for which they test for drugs of abuse in order to be eligible for
				licensure as a testing facility.
(2) Drug screen testing facilities certified
				for forensic urine drug testing by the United States Department of Health and
				Human Services, accredited for forensic urine drug testing by the College of
				American Pathologists, or licensed by a State acceptable to the Department
				shall be deemed to meet the requirements of OAC 310:638 Subchapter 5 and shall
				be eligible for licensure as a testing facility.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-4 - Body specimens appropriate for testing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Drugs.
(1)
Initial tests.
Urine, saliva
				or hair shall be used for the initial test for all drugs.
(2)
Confirmation tests.
Urine,
				saliva or hair shall be used for the confirmation test for all drugs.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-5 - Drugs approved for testing in urine or saliva

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensed testing facility may test for
				any drug or class of drugs or their metabolites included in Schedule I, II, or
				III of the Controlled Substances Act (
				21
				U.S.C. §
										801, et seq.) provided testing
				for such substances has been approved by the Commissioner of Health.
(b) The following drugs or their metabolites
				have been approved for testing by the Commissioner of Health:
(1) marijuana;
(2) opiates:
(A) codeine;
(B) heroin;
(C) morphine;
(3) semi-synthetic and synthetic narcotics:
(A) hydrocodone;
(B) hydromorphone;
(C) meperidine;
(D) methadone;
(E) oxycodone;
(F) propoxyphene;
(4) cocaine;
(5) phencyclidine;
(6) amphetamines:
(A) amphetamines;
(B) methamphetamines;
(C) methylenedioxyamphetamine;
(D) methylenedioxymethamphetamine;
(E) phentermine;
(7) barbiturates:
(A) amobarbital;
(B) butalbital;
(C) pentobarbital;
(D) secobarbital
(8) benzodiazepines:
(A) diazepam;
(B) chlordiazepoxide;
(C) alprazolam;
(D) clorazepate; and
(9) methaqualone.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-5.1 - Drugs approved for testing in hair

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensed testing facility may test for
				any drug or class of drugs or their metabolites included in Schedule I, II or
				III of the Controlled Substances Act (
				21
				U.S.C. §
										801 et seq.) provided testing
				for such substances has been approved by the Commissioner of Health.
(b) The following types of drugs or their
				metabolites have been approved for testing by the Commissioner of Health:
(1) marijuana;
(2) opiates:
(A) codeine;
(B) heroin;
(C) morphine;
(3) cocaine;
(4) phencyclidine;
(5) amphetamines:
(A) amphetamines;
(B) methamphetamine.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-6 - Cutoff levels for initial drug screening tests in urine

Current through Vol. 41, No. 20, July 1, 2024
(a) The following initial cutoff levels shall
				be used when screening specimens to determine whether they are negative for
				these drugs or their metabolites:
(1)
				marijuana metabolites: 50 ng/ml
(2)
				cocaine metabolites: 300 ng/ml
(3)
				opiates and metabolites: 2000 ng/ml; opiates and metabolites include the
				following:
(A) codeine;
(B) heroin;
(C) morphine;
(4) semi-synthetic and synthetic narcotics:
				300 ng/ml
(A) hydrocodone;
(B) hydromorphone;
(C) meperidine (immunoassay unavailable,
				initial test level of 1000 ng/ml shall be used for meperidine)
(D) methadone;
(E) oxycodone;
(F) propoxyphene;
(5) phencyclidine: 25 ng/ml
(6) amphetamines: 1,000 ng/ml; amphetamines
				include the following:
(A)
				amphetamines;
(B)
				methamphetamines;
(C)
				methylenedioxyamphetamine (immunoassay unavailable);
(D) methylenedioxymethamphetamine
				(immunoassay unavailable);
(E)
				phentermine;
(7)
				barbiturates: 300 ng/ml; barbiturates include the following:
(A) amobarbital;
(B) butalbital;
(C) pentobarbital;
(D) secobarbital;
(8) benzodiazepines: 300 ng/ml;
				benzodiazepines include the following:
(A)
				diazepam;
(B)
				chlordiazepoxide;
(C)
				alprazolam;
(D) clorazepate;
				and
(9) methaqualone:
				300 ng/ml.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-6.1 - Hair cutoff levels for initial drug screening tests

Current through Vol. 41, No. 20, July 1, 2024
(a) The following initial cutoff levels shall
				be used when screening hair specimens to determine whether they are negative
				for these drugs or their metabolites:
(1)
				marijuana: 10pg/10 mg of hair
(2)
				cocaine: 5 ng/10 mg of hair
(3)
				opiates and metabolites: 5 ng/10 mg of hair; opiates and metabolites include
				the following:
(A) codeine;
(B) heroin;
(C) morphine;
(4) phencyclidine: 3 ng/10 mg of
				hair
(5) amphetamines: 5 ng/10 mg
				of hair; amphetamines include the following:
(A) amphetamines;
(B) methamphetamines.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-6.2 - Saliva cutoff levels for initial drug screening tests

Current through Vol. 41, No. 20, July 1, 2024
The manufacturer of the saliva test system shall establish
				  initial cutoff levels to be used when screening saliva specimens to determine
				  whether they are negative for drugs or their metabolites. Such cutoffs shall be
				  consistently applied for all saliva testing using that test
				  system.
Added at 24 Ok Reg 1183,
				  eff 4-2-07 (emergency); Added at 25 Ok Reg 2436, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-7 - Cutoff levels for drug confirmation testing in urine

Current through Vol. 41, No. 20, July 1, 2024
(a) All specimens identified as positive on
				the initial test shall be confirmed using gas chromatography/mass spectrometry
				(GC/MS), or an equivalent accepted method of equal or greater accuracy as
				approved by the Commissioner of Health, at the following cutoff levels for
				these drugs or their metabolites. All confirmations shall be by quantitative
				analysis. Concentrations which exceed the linear region of the standard curve
				shall be documented in the testing facility record as "greater than the highest
				standard curve value."
(1) marijuana
				metabolites: 15 ng/ml (Delta-9-tetrahydrocannabinol-9-carboxylic
				acid)
(2) cocaine metabolites: 150
				ng/ml (Benzoylecgonine)
(3) opiates
				and metabolites: 2000 ng/ml; opiates and metabolites include the following:
(A) codeine;
(B) morphine;
(C) heroin (10 ng/ml for tests for
				6-Acetylmorphine when the morphine concentration exceeds 2000 ng/mL);
(4) semi-synthetic and synthetic
				narcotics: 300 ng/ml
(A)
				hydrocodone;
(B)
				hydromorphone;
(C) meperidine;
				(confirmatory test level of 500 ng/ml shall be used for meperidine)
(D) methadone;
(E) oxycodone;
(F) propoxyphene;
(5) phencyclidine: 25 ng/ml
(6) amphetamines: 500 ng/ml; amphetamines
				include the following:
(A)
				amphetamines;
(B) methamphetamines;
				(Specimen must also contain amphetamine at a concentration of greater than 200
				ng/mL)
(C)
				methylenedioxyamphetamine;
(D)
				methylenedioxymethamphetamine;
(E)
				phentermine.
(7)
				barbiturates: 300 ng/ml; barbiturates include the following:
(A) amobarbital;
(B) butalbital;
(C) pentobarbital;
(D) secobarbital;
(8) benzodiazepines: 300 ng/ml;
				benzodiazepines include the following:
(A)
				diazepam;
(B)
				chlordiazepoxide;
(C)
				alprazolam;
(D) clorazepate;
				and
(9) methaqualone:
				300 ng/ml.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-7.1 - Hair cutoff levels for drug confirmation testing and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) All specimens identified as positive on
				the initial test shall be confirmed using gas chromatography/mass spectrometry
				(GC/MS), liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS),
				mass spectrometry/mass spectrometry (MS/MS), or an equivalent accepted method
				of equal or greater accuracy as approved by the Commissioner of Health, at the
				following cutoff levels for these drugs or their metabolites. All confirmations
				shall be by quantitative analysis. Concentrations which exceed the linear
				region of the standard curve shall be documented in the testing facility record
				as "greater than the highest standard curve value."
(1) marijuana metabolites: 1 pg/10 mg of hair
				(Delta-9-tetrahydrocannabinol-9-carboxylic acid);
(2) cocaine: must be at or above 5 ng/10 mg
				of hair and/or metabolites as follows:
(A)
				benzoylecgonine at 1 ng/10 mg of hair;
(B) cocaethlylene at 1 ng/10 mg of
				hair;
(3) opiate and
				metabolites: 5 ng/10 mg of hair; opiate and metabolites include the following:
(A) codeine;
(B) 6-monoacetylmorphine (heroin
				metabolite);
(C)
				morphine;
(4)
				phencyclidine: 3 ng/10 mg of hair;
(5) amphetamines: 5 ng/10 mg of hair;
				amphetamines include the following:
(A)
				amphetamines.
(B)
				methamphetamines.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-7.2 - Cutoff levels for drug confirmation testing in saliva

Current through Vol. 41, No. 20, July 1, 2024
(a) All specimens identified as positive on
				the initial test shall be confirmed using gas chromatography/mass spectrometry
				(GC/MS), or an equivalent accepted method of equal or greater accuracy as
				approved by the Commissioner of Health. The manufacturer of the saliva test
				system shall establish confirmation cutoff levels to be used when confirming
				saliva specimens that screen positive. Such cutoffs shall be consistently
				applied for all saliva testing using that test system. All confirmations shall
				be by quantitative analysis. Concentrations which exceed the linear region of
				the standard curve shall be documented in the testing facility record as
				"greater than the highest standard curve value."
(b) All confirmation testing on saliva shall
				be performed on the same specimen that was identified as positive on the
				initial screen.
Added at 24 Ok Reg 1183,
				  eff 4-2-07 (emergency); Added at 25 Ok Reg 2436, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-9 - Training and qualifications of review officers

Current through Vol. 41, No. 20, July 1, 2024
(a) The Review Officer is a person
				responsible for receiving testing facility results generated by an employer's
				drug and alcohol testing program and who has knowledge of substance abuse
				disorders and has appropriate training to interpret and evaluate an
				individual's positive test result together with the individual's medical
				history and any other relevant biomedical information.
(b) The Review Officer shall possess the
				following minimum qualifications:
(1) Be
				licensed to practice medicine and surgery or osteopathic medicine or hold an
				earned doctoral degree from an accredited institution in clinical chemistry,
				forensic toxicology, or a similar biomedical science; and
(2) Have completed at least twelve (12) hours
				of training appropriate for Review Officers provided by the Medical Review
				Officer Certification Council, American Association of Medical Review Officers,
				or another organization approved by the Commissioner of Health.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 1 - General Provisions › Section 310:638-1-10 - Training and qualifications of collection site personnel

Current through Vol. 41, No. 20, July 1, 2024
(a) Collection procedures and training shall
				clearly emphasize that the collection site person is responsible for
				maintaining the integrity of the specimen collection and transfer process,
				carefully ensuring the modesty and privacy of the donor.
(b) A collection site person shall have
				successfully completed documented training to carry out this function or shall
				be a licensed medical professional or technician who acknowledges in writing he
				or she has been provided instructions for collection as described at OAC
				310:638-1-8,
				310:638-1-8.1,
				or
				310:638-1-8.2.
(1) A non-medical collection site person
				shall receive appropriate training in collection procedures as described at OAC
				310:638-1-8,
				310:638-1-8.1,
				or
				310:638-1-8.2
				and shall demonstrate proficiency in the application of these collection
				procedures prior to serving as a collection site person. A medical
				professional, technologist, or technician licensed or otherwise approved to
				practice in the jurisdiction in which the collection takes place is not
				required to receive such training if that person acknowledges in writing the
				receipt of instructions for collection as described at OAC
				310:638-1-8,
				310:638-1-8.1,
				or
				310:638-1-8.2.
(2) Collection site persons shall be provided
				with detailed, clear instructions on the collection of specimens in compliance
				with OAC
				310:638-1-8,
				310:638-1-8.1,
				or
				310:638-1-8.2.
				Employer representatives and donors subject to testing shall also be provided
				standard written instructions setting forth their responsibilities.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-1 - Testing facilities eligible for licensure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Intrastate licensure.
Testing facilities located within the State of Oklahoma shall be licensed by
				the Department in accordance with this Chapter in order to provide laboratory
				services to an employer to test for the presence or absence of drugs or
				alcohol.
(b)
Interstate
				licensure.
Testing facilities located outside the State of Oklahoma
				which are certified for forensic urine drug testing by the United States
				Department of Health and Human Services, accredited for forensic urine drug
				testing by the College of American Pathologists or licensed by a State
				acceptable to the Department are eligible for licensure in accordance with this
				Chapter to provide laboratory services to an employer to test for the presence
				or absence of drugs or alcohol.
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95; Amended at 17 Ok Reg 381, eff 11-1-99
				  (emergency); Amended at 17 Ok Reg 2045, eff
				  6-12-00
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-2 - Licensure fee

Current through Vol. 41, No. 20, July 1, 2024
The fee for licensure of each testing facility shall be one
				  hundred fifty dollars ($150.00) annually. Licenses shall be renewed annually
				  provided the provisions of this Chapter are met.
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-3 - Procedures for licensure

Current through Vol. 41, No. 20, July 1, 2024
(a) Application
				for licensure shall be made on a form prescribed by the Commissioner of Health
				by the director of the applicant testing facility.
(1) A separate application shall be completed
				for each testing facility location, except that a testing facility which is not
				at a fixed location, that is, a testing facility that moves from testing site
				to testing site, shall complete a single application using the address of its
				designated primary site.
(2) Each
				van or other mobile unit providing laboratory services to an employer to test
				for the presence or absence of drugs or alcohol shall complete a separate
				application using the address of the designated primary site or home
				base.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-4 - Interim licensure procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95; Amended at 24 Ok Reg 1183, eff 4-2-07
				  (emergency); Amended at 25 Ok Reg 2436, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-5 - Transfer of ownership of a testing facility

Current through Vol. 41, No. 20, July 1, 2024
(a) The license for a testing facility is not
				transferable or assignable.
(b) If
				an entity is considering acquisition of a licensed testing facility, an
				application for licensure with the one hundred fifty dollar ($150.00) fee shall
				be filed with the Department prior to the effective date of the
				change.
(c) No license shall be
				transferred from one location to another unless the Department is notified. If
				a testing facility is considering relocation, the testing facility shall notify
				the Department thirty (30) days prior to the intended relocation. The
				Department shall provide written notification to the testing facility amending
				the annual license to reflect the new location.
(d) Upon the effective date of a change of
				ownership or upon cessation of operation of a testing facility, the current
				license shall be returned to the Department. The testing facility shall advise
				the Department in writing at the time of cessation of operation where testing
				facility records shall be archived and how such records shall be
				accessed.
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-6 - Enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Revocation, suspension, or
				nonrenewal of license.
The license of a testing facility may be revoked,
				suspended, or nonrenewed upon the filing of an individual proceeding in
				accordance with Chapter 2 of this Title.
(b)
Factors to consider.
The
				following factors shall be considered in determining whether revocation,
				suspension, or nonrenewal is necessary:
(1)
				Unsatisfactory performance in analyzing and reporting the results of drug or
				alcohol tests;
(2) Unsuccessful
				performance in proficiency testing or testing facility inspections;
(3) Failure to conduct confirmatory testing
				of a positive drug or alcohol test obtained on the initial screening
				test;
(4) Conviction of any
				criminal offense committed as an incident to operation of the testing
				facility;
(5) Loss of certified,
				licensed or accredited status by the certifying, licensing or accrediting body,
				or failure to notify the Department of loss of certification, licensure or
				accreditation as required by this Chapter;
(6) Failure to detect the presence or absence
				of a drug or drugs in blind performance test specimens if an employer chooses
				to submit such specimens;
(7)
				Failure to comply with any provision of the Act or this Chapter;
(8) Any other cause which materially affects
				the ability of the testing facility to ensure full reliability and accuracy of
				drug or alcohol tests and the accurate reporting of results.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 3 - Administration › Section 310:638-3-7 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Completed applications received by the
				Department for initial licensure, licensure renewal, or for licensure
				reinstatement shall constitute consent for an on-site inspection during normal
				operating hours by representatives of the Department.
(b) Testing facilities as well as collection
				sites associated with a testing facility are subject to inspection during
				normal operating hours any time an on-site inspection is deemed necessary by
				the Commissioner of Health to protect the health and welfare of the
				public.
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95; Amended at 24 Ok Reg 1183, eff 4-2-07
				  (emergency); Amended at 25 Ok Reg 2436, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 5 - Drug Screen Testing Facilities › Section 310:638-5-1 - Eligibility

Current through Vol. 41, No. 20, July 1, 2024
Drug screen testing facilities shall comply with applicable
				  Federal, State, and local laws.
Added at 11 Ok Reg 4339,
				  eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency);
				  Added at 12 Ok Reg 3069, eff 7-27-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 638 - Drug and Alcohol Testing › Subchapter 5 - Drug Screen Testing Facilities › Section 310:638-5-2 - Personnel

Current through Vol. 41, No. 20, July 1, 2024
The drug screen testing facility shall contract with, or
				  employ, the following personnel to perform, supervise, and report drug screen
				  tests:
(1)
Director.
The
				drug screen testing facility shall have a qualified individual to assume
				professional, organizational, educational, and administrative responsibility
				for the drug screen testing facility. The director shall possess the following
				minimum qualifications:
(A) A bachelor's
				degree from an accredited institution in the chemical, biological, or physical
				sciences or medical laboratory science; and two (2) or more years of full-time
				drug testing experience; or
(B)
				Abachelor's degree from an accredited institution; and four (4) or more years
				of full-time drug testing experience; or
(C) An associate's degree from an accredited
				institution in the chemical, biological, or physical sciences or a medical
				laboratory science; and three (3) or more years of full-time drug testing
				experience.