COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 2019
Ray Hester Developmental Disabilities Servicers 405-521-4968
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 19-100
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.
A public hearing is scheduled for 10:00 a.m. on February 26, 2019, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES
Subchapter 3. Administration
Part 1. General Administration
340:100-3-5 through 340:100-3-5.1 [AMENDED]
340:100-3-5.2 [AMENDED]
Part 3. Administration
340:100-3-40 [AMENDED]
Subchapter 17. Employment Services
Part 3. State-Funded Employment (Sheltered Workshop) Services
340:100-17-16 [AMENDED]
Part 5. Other State-Funded Employment Services
340:100-17-30 [REVOKED]
Subchapter 18. Licensing
340:100-18-1 [AMENDED]
(Reference WF 19-100)
SUMMARY:The proposed amendments to Chapter 100, Subchapters 3, 17, and 18 amend the rules to implement changes recommended during the annual Developmental Disabilities Services (DDS) rule review process.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; 56 O.S. § 162; O.S. 59 § 4100.1; O.S. 30 §§ 3-102, 3-103, 3-119, and 4-104; O.S. 10 § 1415; and O.S. 56 § 228; and Sections 441.301 and 441.302 of Title 42 of the Code of Federal Regulations.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Beth Scrutchins Director
Developmental Disabilities Services
Date:December 14, 2018
Re:CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES
Subchapter 3. Administration
Part 1. General Administration
340:100-3-5 through 340:100-3-5.1 [AMENDED]
340:100-3-5.2 [AMENDED]
Part 3. Administration340:100-3-40 [AMENDED]
Subchapter 17. Employment Services
Part 3. State-Funded Employment (Sheltered Workshop) Services
340:100-17-16 [AMENDED]
Part 5. Other State-Funded Employment Services
340:100-17-30 [REVOKED]
Subchapter 18. Licensing
340:100-18-1 [AMENDED]
(Reference WF 19-100)
Contact: Ray Hester 405-521-4968
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 100, Subchapters 3, 17, and 18 amend the rules to implement changes recommended during the annual Developmental Disabilities Services (DDS) rule review process.
Strategic Plan Impact.
The proposed amendments position Oklahoma Department of Human Services (DHS) DDS to improve services.The amendments support DDS goals of improving the quality of life of vulnerable Oklahomans by increasing individuals' abilities to lead safer, healthier, and more independent, productive lives.The proposed amendments comply with federal requirements.
Substantive changes.
Subchapter 3. Administration
Part 1. General Administration
Oklahoma Administrative Code (OAC) 340:100-3-5 is amended to ensure capacity assessments are completed for individuals certified by the court as members of the plaintiff case, known as Hissom class members, or other service recipients when approved by the DDS director or designee.
OAC 340:100-3-5.1 is amended to revise the text related to DDS contracting with an agency to recruit, screen, match, monitor, and support volunteer guardians and advocates.DDS reduced its operating budget within appropriated amounts.These activities are now supported by the DDS guardianship programs manager.
Part 5. Individual Planning
OAC 340:100-3-5.2 is amended to set forth revised rules designating when DDS may pay for legal fees associated with guardianship proceedings for service recipients. Legal fees may be paid for Hissom class members or other service recipients when approved by the DDS director or designee.
Part 3. Administration
OAC 340:100-3-40 is amended to:(1) include electronic record requirements; (2) specify home record standards for non-residential habilitation training specialist (HTS) services; (3) include requirements for the use of Form 06HM073E, Referral Form for Psychiatric Treatment or Examination; and (4) remove the requirement that program coordination staff documents home visits on Form 06CB035E, Site Visit Report.
Subchapter 17. Employment Services
Part 3. State-Funded Employment (Sheltered Workshop) Services
OAC 340:100-17-16 is amended to remove provisions for therapeutic leave in state-funded employment reimbursement because this was eliminated when the Department's FY-2018 operating budget was reduced.
Part 5. Other State-Funded Employment Services
OAC 340:100-17-30 is revoked because state-funded therapeutic leave is eliminated when the Department's FY-2018 operating budget was reduced.
Subchapter 18. Licensing
OAC 340:100-18-1 is amended to improve the Board Certified Behavior Analyst License and Board Certified Assistant Behavior Analyst certification process for post military service members and spouses.DDS will expedite the endorsement of licenses or certifications for post military members and spouse applicants, per Section 4100.1 of Title 59 of the Oklahoma Statutes (59 O.S. § 4100.1).Specific Autism references are removed because these professionals perform different tasks besides Autism specialty designations.
Reasons.
The proposed amendments update and clarify DDS rules in accordance with federal and state laws.
Repercussions.
The proposed amendments contribute to the health and safety of vulnerable Oklahomans.The proposed amendments position Oklahoma to continue to improve service provision.
Legal authority.
Director of Human Services; 56 O.S. § 162; O.S. 59 § 4100.1; O.S. 30 §§ 3-102, 3-103, 3-119, and 4-104; O.S. 10 § 1415; and O.S. 56 § 228; and Sections 441.301 and 441.302 of Title 42 of the Code of Federal Regulations.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons affected by the proposed amendments are individuals receiving DDS services, who bear no costs associated with the implementation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who benefit are individuals receiving DDS services.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:There is no economic impact on individuals who receive DDS services.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules, estimated to be less than $20.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed amendments do not have an impact on any political subdivisions or require their cooperation in enforcing the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:The proposed amendments do not have an adverse effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:The proposed amendments do not increase compliance costs.There are no less costly, non-regulatory, or less intrusive methods.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed amendments bring the rules into compliance with federal and state law, thereby increasing program effectiveness positively impacting the health, safety, and well-being of affected individuals.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented, the rules will not be in compliance with federal and state laws.The proposals are intended to comply with federal and state laws, thereby contributing to the health, safety, and well-being of vulnerable Oklahomans.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 4, 2018; modified December 14, 2018.
SUBCHAPTER 3. ADMINISTRATION
PART 1. GENERAL ADMINISTRATION
340:100-3-5. Advocacy and guardianship
Revised 7-1-119-16-19
(a) Purpose.Developmental Disabilities Services Division (DDSD) Advocacy and Guardianship Program identifies the advocacyneeds of(DDS) supports each service recipient to protect the service recipient's interests, rights, and welfareright to self-determination.
(1) Although a service recipient may have other advocates, only a guardian may act on behalf of his or her ward, per (OAC) 340:100-1-2, to the extent authorized in the guardianship order and Title 30 of the Oklahoma Statutes (O.S.)An advocate assists service recipients to represent his or her own interests.
(2) Each guardian is:
(A) responsible for representing the interest of his or her ward as provided by Oklahoma law; and
(B) obligated to involve the ward in decision-making to the extent the ward is ableAlthough a service recipient may have other advocates, only a guardian may act on behalf of his or her ward, per Oklahoma Administrative Code (OAC) 340:100-1-2 to the extent authorized in the guardianship order and, the Oklahoma Guardianship and Conservatorship Act, per Section 1-101 et seq. of Title 30 of the Oklahoma Statutes (30 O.S. §§ 1-101 et seq.).
(3) An advocate is responsible for assisting the service recipient to represent the interests of the service recipient Each guardian is:
(A) responsible for representing the interest of his or her ward as provided by Oklahoma law; and
(B) obligated to involve the ward in decision-making to the extent the ward is able.
(b) Capacity to give informed consent.Service recipients, 18 years of age 18 and older, are presumed to have capacity to give informed consent except to the extent adjudicated incapacitated by the court.A service recipient:
(1) is not considered incapacitated solely by reason of his or her diagnosis or admission to:
(A) Northern Oklahoma Resource Center of Enid (NORCE);
(B) Southern Oklahoma Resource Center (SORC); or
(C) Robert M. Greer Center (Greer);
(2) may be adjudicated incapacitated in one area while being fully capable of understanding and exercising his or her rights in other areas; and
(3) has the right to exercise judgment in all areas of capacity.
(c) Assessment of capacity to give informed consent.Each service recipient'scurrent need for advocacy or guardianship services is reviewed at least annually and documented in the Individual Plan (Plan).
(1) Form 06MP032E, Capacity Assessment, is:
(A) used to determine the service recipient's capacity to give informed consent and identify the type of assistance, if any, the service recipient needs to make life decisions and be protected from exploitation and maltreatment.; and
(B) completed for each:
(i) adult and minor attaining the age of 17 ½1/2 years, who receives residential services through the Community Waiver or Homeward Bound Waiver, when recommended by his or her Personal Support Team (Team); and
(ii) child in Oklahoma Department of Human Services (OKDHS) custody who receives DDSD services upon reaching the age of 16 years of age, per OAC 340:75-8-39; and
(iii) resident older than age 17 ½ residing in:
(I) NORCE;
(II) SORC; or
(III) GreerRobert M. Greer Center residents.
(2) In order for the AssessmentThe Team to meetmeets to complete Form 06MP032E,.allAll members are notified of the meeting at least two weeks in advance and offered the opportunity to provide written input ifwhen they cannot attend.The Assessment Team includes:
(A) all members of the Personal Support Team; and
(B) the service recipient's primary physician, if the service recipient resides at NORCE, SORC, or Greer; and
(C) a licensed psychologist or psychiatrist, if the service recipient resides atNORCE, SORC, or Greer.
(3) For service recipients who do not receive residential services per OAC 340:100‑5-22:
(A) a capacity assessment is not required.If the family or service recipient wishes to complete a capacity assessment, the DDSDDDS case manager includes this assessment as an outcome in the Needs Assessment or Plan, and the family participates in the assessment processcompletes a capacity assessment using Form 06MP032E; and
(B) a review of the service recipient's need for advocacy or guardianship must occur annually beginning at age 17½, and be addressed in the Needs Assessment or Plan, using Form 06MP033E, Guardianship, Advocacy, and Capacity Initial Review.If this review indicates needs in the area of advocacy, the DDSD case manager offers a capacity assessment.
(d) Recommendations of Assessment Team recommendations.DDSDDDS supports the use of less restrictive alternatives to guardianship.
(1) The Assessment Team recommends guardianship after they have consideredconsider and ruledrule out less restrictive alternatives to guardianship.Alternatives include, but are not limited to:
(A) guidance and support from family or friends;
(B) a volunteer advocate;
(C) Plan modification of the Plan to more effectively meet the service recipient's health, safety, and financial needs;
(D) a representative payee;
(E) limited bank accounts;
(F) power of attorney, durable power of attorney, or durable power of attorney with health care powers;
(G) Advance Directive for Health Care;
(H) a trust fund; or
(I) a conservatorship.
(2) IfWhen Form 06MP032E indicates that a guardian is needed, the Personal Support Team recommends an appropriate person to serve.
(A) Priority for persons to serve as guardians is given to:
(i) any person nominated by the service recipient,pursuant to Section 3-102 of Title 30 of O.S. (per 30 O.S. § 3-102);
(ii) a current guardian appointed by an appropriate court in another jurisdiction;
(iii) a person nominated by will or other writing of a deceased parent, spouse, or adult child who was serving as the service recipient's guardian,pursuant toper 30 O.S. § 3-103;
(iv) the spouse of thea service recipientrecipient's spouse;
(v) an adult child of thea service recipientrecipient's adult child;
(vi) a parent(s) of the service recipientrecipient's parent;
(vii) a sibling of the service recipientrecipient's sibling;
(viii) a person with whom the service recipient has been living with for more than six months prior to the filing of the petition for guardianship.Providers subject to the provisions of the Nursing Home Care Act, Residential Home Care Act, or Group Home for Developmentally Disabled or Physically Handicapped Persons Act mustis not be appointed guardian of such service recipient unless the provider is the service recipient's spouse, mother, father, sibling, adult child, aunt, uncle, grandparent, or adult grandchild; or
(ix) other relatives of the service recipient, such as a niece, nephew, or cousin.
(B) IfWhen an appropriate relative is not available, a volunteer is sought, per OAC 340:100-3-5.1.
(e) Guardianship eligibility requirements.
(1) A guardian must:
(A) be at least 18 years of age;
(B) be a resident of Oklahoma for at least one year, except as provided in 30 O.S. § 4-104;
(C) not be under any financial obligation to the proposed ward; and
(D) disclose to the Personal Support Team and to the court any potential conflict of interest that may preclude acting in the proposed ward's best interest of the proposed ward.
(2) An incapacitated or partially incapacitated person cannot be appointed guardian.
(3) A convicted felon cannot be appointed guardian, except upon:
(A) further review by the court into the nature of the felony; and
(B) court approval.
(f) Responsibilities of a guardianGuardian responsibilities.
(1) The guardian:
(A) is responsible for protecting the rights of the ward, per 30 O.S. § 1-103;
(B) files the Plan for the Care and Treatment of the Ward, with the court within ten10-calendar days of appointment as guardian;
(C) files Administrative Office of the Courts (AOC) Form 34, Report on the Guardianship of the Person,; or AOC Form 34a, Report on the Guardianship of Property,; or both, with the court.Assistance in completing these annual reports may be obtained from the DDSDDDS case manager or guardianship coordinator. The guardian may also hire an attorney to prepare annual reports for a fee;
(D) has a legal duty to:
(i) know the service recipient, including awareness of his or her capabilities, needs, and physical and mental health;
(ii) maintain contact with the service recipient;
(iii) ensure the service recipient is living in the least restrictive environment that meets his or her needs;
(iv) provide necessary consents authorized by the court; and
(v) notify the court ifwhen the service recipient's incapacity has endedends; and
(E) has limited authority, per 30 O.S. § 3-119 and the guardianship order that sets forth the limitation of powers of a guardian,by prohibiting the guardian from consenting on behalf of the ward to the withholding or withdrawal of life-sustaining procedures except with specific authorization of the court having jurisdiction over the guardianship proceedings.Authorization must be granted in a separate court order and only at such time when the ward is in need of life‑sustaining treatment.
(2) When performing duties and exercising authority, the guardian:
(A) ensures the interests, rights, and welfare of the ward are protected;
(B) may act independently, if necessary, from provider agency staff and DDSDDDS staff;
(C) encourages the ward to:
(i) participate to the maximum extent possible in all decisions that affect the ward; and
(ii) act on all matters in which the ward is able to do so within the limitations imposed by the court; and
(D) as appropriate, assists the ward to develop or regain, to the maximum extent possible, his or her capacity to meet the essential requirements for health or safety.
(g) Changes in guardianship.The ward, any person interested in the welfare of the ward, or a guardian may make application to the court for:
(1) termination of the guardianship;
(2) removal of a guardian;
(3) imposition of additional restrictions or the removal of existing restrictions; or
(4) a review hearing.
(h) Special guardianships.The Advocacy and Guardianship ProgramDDS assists service recipients who are in need of a temporary surrogate to obtainin establishing special guardianships when consent is needed for non-emergencyemergency medical and dental procedures or to protect the service recipient's money, property, or assets at risk of loss or exploitation through a process to establish special guardianship.
(i) Costs and fees.Court costs are not charged for filing guardianship petitions and reports for persons who are applicants for, or recipients of Social Security, per 56 O.S. § 192.
(j) Responsibilities of OKDHS Legal Division.If a guardian cannot be found for a resident of NORCE, SORC, or Greer, OKDHS Legal Division has the authority, per 10 O.S. § 1415, to file a petition for the appointment of a guardian ad litem for the service recipient.
(1) Legal Division attorneys do not provide any legal services to any other party or potential party in guardianship cases.
(2) The only legal services provided are to ensure compliance with 10 O.S. § 1415.No other legal services in connection with these guardianships are provided directly or indirectly by OKDHS.
340:100-3-5.1. Volunteer guardians and advocates
Revised 9-1-159-16-19
(a) Purpose.Developmental Disabilities Services (DDS) contracts with an agency to maintain a system to recruit, screen, match, monitor, and support volunteer guardians Volunteer guardians and advocates for eligibleare recommended by the Personal Support Team (Team) whenfor eligible service recipients have unmet advocacy needs and no appropriate relative willing to serve.To be eligible, the service recipient must:
(1) be assigned a DDS case manager;
(2) have been determined through the capacity assessment process, per Oklahoma Administrative Code (OAC) 340:100-3-5, to need a guardian or volunteer advocate; and
(3) if volunteer guardianship is recommended; have no appropriate relative willing to serve as guardian.
(b) Developmental Disabilities Services (DDS)responsibilities.
(1) When the need for a guardian or advocate is determined through the capacity assessment process, per Oklahoma Administrative Code (OAC) 340:100-3-5, the DDS case manager forwards Form 06MP032E, Capacity Assessment, with a recommendation for a volunteer guardian or advocate to the DDS case management supervisor.When volunteer guardianship is recommended, documentation of attempts made to locate aan eligible guardian, among those who are eligible per OAC 340:100-3-5 must be included.
(2) The DDS case management supervisor reviews the documents, and ifwhen approved, forwards the documents to the guardianship coordinatorDDS director or designee.
(3) The guardianship coordinatorDDS director or designee reviews Form 06MP032E and, ifwhen approved, makes a referral to the volunteer guardianship agency to initiate the process to recruit a volunteer guardian or advocateissues a voucher to the volunteer.
(c) Volunteer guardianship eligibility requirements.In addition to requirements, per OAC 340:100-3-5, eligibility criteria for volunteer guardians listed in subsections (1) through (6) of this subsection apply.
(1) A corporate officer, member of the board of directors, owner, operator, administrator, or employee of a facility subject to provisions of Section 1-1901 et seq. of Title 63 of the Oklahoma Statutes (63 O.S. §§ 1-1901 et seq.) or 10 O.S. §§ 1430.1 et seq., or other DDS providers are ineligible to be appointed volunteer guardian of a person receiving services from that provider.
(A) An immediate family member, such as a wife, husband, brother, sister, biological or adoptive child, biological or adoptive parent, stepparent, stepchild, adult biological or stepchild, of an ineligible person cannot serve as a volunteer guardian.
(B) An extended family member, such as a parent-in-law, grandchild, grandparent, brother-in-law, sister-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, or first cousin, of an ineligible person cannot serve as a volunteer guardian when there is evidence that financial interdependence exists.
(2) DDS employees cannot serve as volunteer guardians.
(A) An immediate family member, including a wife, husband, brother, sister, biological or adoptive child, biological or adoptive parent, stepparent, stepchild, adult biological or stepchild, of the DDS employee cannot serve as a volunteer guardian.
(B) An extended family member, including a parent-in-law, grandchild, grandparent, stepchild, brother-in- law, sister-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, or first cousin, of the DDS employee cannot serve as a volunteer.
(3) Any exceptions to the selection of a volunteer guardian, per OAC 340:100-3-5.1(c)(1) and (2) must be approved by the DDS programs manager for guardianship.
(4) Employees of Oklahoma Department of Human Services (DHS) cannot serve as volunteer guardians for residents of the Northern Oklahoma Resource Center of Enid (NORCE), the Southern Oklahoma Resource Center (SORC), or the Robert M. Greer Center (Greer)residents, per 10 O.S. § 1415.
(5) Potential guardians must:
(A) consent to a background check, per OAC 340:100-3-39 and a DHS Community Services Worker Registry check;
(B) be willing and able to fulfill guardian responsibilities;
(C) be certified by the volunteer guardianship agencyDDS; and
(D) be approved by the Personal Support Team (Team).
(6) A volunteer guardian:
(A) supports philosophies and values consistent with the DDS mission statement, per OAC 340:100-1-3.1; and
(B) may not act as a volunteer advocate or guardian for more than two service recipients unless approved in advance, and in writing, by the DDS programs manager for guardianship.
(d) Volunteer advocate eligibility requirementsguardian responsibilities. DDS supports the recruitment of volunteers from outside the service delivery system to avoid potential conflicts of interest.
(1) Non-DHS DDS employees, contract providers, and employees of contract providers may serve as volunteer advocates when:
(A) an ongoing relationship exists with the service recipient; and
(B) they are not providing direct services to the service recipient and are not employed by a provider agency or DHS program that provides services to the service recipient; and
(C) they serve as a volunteer advocate or guardian for no more than two service recipients.
(2) DDS employees may not serve as volunteer advocates.
(3) Any exceptions to the selection of a volunteer advocate, per OAC 340:100-3-5.1 must be approved in advance and in writing by the DDS programs manager for guardianship Volunteer guardian responsibilities are outlined, per OAC 340:100-3-5.
(e) Volunteer guardian responsibilitiesand advocate eligibility requirements.Volunteer guardian responsibilities are outlined per OAC 340:100-3-5DDS supports the recruitment of volunteers from outside of the service-delivery system to avoid conflicts of interest.
(1) Non-DHS employees, contract providers, and employees of contract providers may serve as volunteer advocates, when:
(A) an ongoing relationship exists with the service recipient;
(B) they are not providing direct services to the service recipient and are not employed by a provider agency or DHS program that provides services to the service recipient; and
(C) they serve as a volunteer advocate or guardian for no more than two service recipients.
(2) DDS employees may not serve as volunteer advocates.
(3) Any exceptions to the selection of a volunteer advocate, per OAC 340:100-3-5.1 must be approved in advance and in writing by the DDS director or designee.
(4) The appointment of a volunteer advocate is made by Team agreement and is documented in the Individual Plan (Plan).
(f) Volunteer advocate responsibilities.A volunteer advocate assists the service recipient in making decisions, and supports the service recipient in preserving his or her rights and obtaining necessary services.Such supports may include:
(1) advocating for the service recipient;
(2) assisting the service recipient in decision making;
(3) reviewing the quality of services provided to the service recipient;
(4)(2) attending the Individual Plan meeting or other meeting(s);
(5)(3) assisting the service recipient with financesfinancial decisions;
(6)(4) accompanying the service recipient to medical appointments; or
(7)(5) assisting the service recipient in completing applications.
(g) Volunteer advocate responsibilities.Temporary advocate assistance is requested when a service recipient or Team seeks a guardianship dismissal in order to restore full decision making rights to the service recipient.Temporary volunteer advocate responsibilities include:
(1) filing a petition on behalf of the service recipient as an interested party so the request for restoration of capacity can be heard in court; and
(2) after capacity is restored, continuing to be available to the service recipient for support and guidance for a period of no more than six months.
(h) Guardianship voucher.After the volunteer guardianship agency certifies a prospective volunteer guardian the action is approved by the Team, and when able, the service recipient.The volunteer submits Form 06MP031E, Guardianship Voucher, per OAC 340:100-3-5.2, to pay the attorney fees necessary to file the guardianship petition.Court involvement is not required to establish volunteer advocacy, therefore the voucher is not available in such cases.
(i) Volunteer guardian and advocate monitoring.Volunteer guardian and advocate monitoring is provided by the volunteer guardianship agency per requirements in the DHS and agency contractDDS guardianship staff.
(j)(i) Volunteer guardian and advocate training requirements.Volunteers must participate in training regarding understanding and defining advocacy, developing effective advocacy skills, working effectively with service recipients and Teams, community inclusion, Oklahoma's service delivery system, and confidentiality.Volunteer guardians must participate in additional training regarding guardianship responsibilities, duties, and limitations.
(1) Training is provided by the volunteer guardianship agencyDDS at no cost to the volunteer.
(2) Volunteers receive orientation from the volunteer guardianship agency regarding applicable DHS rules and procedures.
(3) Volunteer guardians proceed with knowledge they are not covered by 51 O.S. § 151 et seq., The Governmental Tort Claims Act, as they are not authorized to act on behalf of DHS, nor can they be so authorized without creating a conflict of interest in their roles as guardians.
(k) Volunteer guardianship agency responsibilities.Volunteer guardianship agency responsibilities include:
(1) recruiting volunteers to serve as guardians and advocates;
(2) obtaining background checks of potential volunteer guardians and advocates;
(3) contacting references.The volunteer guardianship agency contacts a minimum of three references.If responses are negative or if three references cannot be found, the volunteer is not considered;
(4) submitting proposed volunteers to the Team for review and approval;
(5) arranging visits between potential volunteers and service recipients;
(6) providing training and orientation on DHS rules and procedures, including 51 O.S. § 151 et seq.;
(7) monitoring per OAC 340:100-3-5.1; and
(8) providing technical assistance as requested by the volunteer or DDS case manager, including:
(A) attending any Team meetings;
(B) accompanying the volunteer on home visits;
(C) reviewing legal or specific documents or records regarding the service recipient; and
(D) providing due date reminders for annual court reports, and when needed, providing assistance completing reports.
340:100-3-5.2. Guardianship Voucher Program
Revised 5-15-20099-16-19
(a) Scope and applicability.Pursuant to Section 1415 of Title 10 and Section 228 of Title 56 of the Oklahoma Statutes, establishes the requirements for the Oklahoma Department of Human Services (OKDHS) may(DHS) to pay for legal fees associated with guardianship proceedings for persons, who:
(1) receive Developmental Disabilities Services Division (DDSD) Home and Community-Based Services (HCBS) Waiverare members of the Homeward Bound class; or
(2) are residents of Northern Oklahoma Resource Center of Enid (NORCE), Southern Oklahoma Resource Center (SORC), and Robert M. Greer Center (Greer).receive Developmental Disabilities Services Division (DDSD)(DDS) Home and Community-Based Services (HCBS) Waiver services and, are determined by the DDS director or designee to need guardianship due to imminent risk to health, safety, or finances; or
(3) are Robert M. Greer Center residents and are determined by the DDS director or designee to need guardianship due to imminent risk to health, safety, or finances.
(b) Payment.Payment for legal services is contingent upon resource availability of resources and does not exceed $700 per service recipient.Priority for funding is for groups in the order identified by (a) of this Section.
(c) Participation.Participation in the Guardianship Voucher Program extends only to those service recipients who have been determined, per Oklahoma Administrative Code (OAC) 340:100-3-5, to need a service listed in OAC 340:100-3-5.2(d) of this Section.
(d) Services.Payment may be made for legal services necessary to:
(1) establish guardianship;
(2) replace, change, or add a guardian;
(3) appoint a successor guardian;
(4) alter the terms or level of an established guardianship; or
(5) restore the ward's capacity.
(e) Subsequent services.Requests for payment for subsequent legal services related to the guardianship of the same service recipient may be approved by the DDSDDDS director or designee.
(f) Eligibility.The guardian or potential guardian applying for a voucher must be:
(1) a relative of the service recipientrecipient's relative or a volunteer,certified in accordance withper OAC 340:100-3-5.1; and
(2) recommended by the DDSDDDS Personal Support Team (Team).
(g) Financial eligibility.
(1) Approved prospective volunteer guardians are exempt from financial eligibility requirements.
(2) When the service recipient's spouse, mother, or father of the service recipient is applying to be the guardian, such applicanthe or she is subject to financial eligibility requirements.To be financially eligible to receive a guardianship voucher, the applicant spouse's annual adjusted gross income of the applicant spouse or the applicant's mother's or father's household income of the applicant mother or father of the service recipient must be $60,000 or less.
(3) Other relatives who desire to become the service recipient's guardian are exempt from the financial eligibility criteria.
(h) Guardianship voucherapplication.
(1) Form 06MP030E, Guardianship Voucher Application, is available from the DDSDDDS case manager assigned to the service recipient, the area guardianship coordinator, resource center guardianship coordinator, or volunteer guardianship agency.
(2) The applicant's spouse, mother, or father making applicationapplying for the guardianship voucher must submit required income verification, per OAC 340:100-3-5.2(i).
(3) Applications are sent to the DDSD guardianship programs managerDDS director or designee.
(4) Any incomplete application isIncomplete applications are returned to theapplicantapplicants for correction.
(5) Applications for the guardianshipGuardianship voucher applications are considered in chronological order of receipt at DDSDDDS State Office, with priority given to Homeward Bound class members.
(6) The number of applications approved is determined by available funding and, eligibility, per (a) of this Section.Applications not approved during a fiscal year due to insufficient funding are placed on a waiting list in the chronological order received and are processed as funds become available.
(i) Verification of incomeIncome verification.IfWhen the applicant is the service recipient's spouse, mother, or father of the service recipient, verification of annual income must be provided.Acceptable forms of verification include a signed copy of the applicant's most recent federal income tax return or documentation of all sources of income from Supplemental Security Income, Temporary Assistance for Needy Families, child support, alimony, other state or federal subsidysubsidies, or other types of income.
(j) Notification of application status.The applicant is provided written notice of approval,or denial, or placement on the waiting list of the application for the guardianship voucher within 30-calendar days of receipt of completed Form 06MP030E at DDSDDDS State Office.
(k) Issuance and expiration of guardianship voucher.When an application for the guardianship voucher is approved, dated Form 06MP031E, Guardianship Voucher, is issued to the applicant who then seeks and retains legal counsel.Each Form 06MP031E is approved for use from the date of issuance and is valid for 365 days from the date of issuancethrough the printed expiration date on the voucher.
(l) Submitting voucher for payment.Upon completion of the guardianship proceedings, the attorney who provides the service submits Form 06MP031E to DDSD DDS State Office for payment.A copy of all pleadings filed, the letters of guardianship, the guardianship order, Plan for the Care and Treatment of the Ward, and an itemized bill for legal services must be attached to Form 06MP031E.Form 06MP031E and required documentation must be received by the DDSD guardianship programs manager within 365 days from the date of issuance, ordesignated DDS State Office staff prior to the expiration date identified, or Form 06MP031E expires and is null and void.
(m) Fair hearing.Any person who has beenwas denied a voucher may request a hearing,in accordance withper OAC 340:2-5.
PART 3. ADMINISTRATION
340:100-3-40. Community records
Revised 7-1-129-16-19
(a) Purpose.Oklahoma Administrative Code (OAC) 340:100-3-40 sets forth requirements for:
(1) maintenance of records by contract providers;
(2) transfer of documents to a history file for service recipient records maintained by the contract provider; and
(3) transfer of information when a service recipient changes contract providers.
(b) General requirements.Records, electronic or paper, maintained by the contract provider are indexed, orderly, well-maintained, readily accessible, and current.Records must contain adequate documentation of services rendered.Electronic records must meet the requirements, in OAC 317:30-3-4.1.
(1) All service recipient records are available for review, upon request, by the service recipient, his or her legal guardian, andcontract provider staff, and authorized agents of Oklahoma Department of Human Services (DHS) authorized agents.Copies of records are available upon request by such persons.
(2) The service recipient record is maintained with:
(A) an index;
(B) identification of the service recipient's name on the record and on each page;
(C) discernable section tabs clearly marked; and
(D) documents secured in the record.
(3) All entries in the record:
(A) are made per OAC 317:30-3-15;
(B) are made in chronological order;
(C) are legible;
(D) include the date and time of each entry, with legible identification of the person making the entry; and
(E) include, ifwhen the entry is health-related:
(i) a description of the concern; and
(ii) action taken.
(4) The provider ensures compliance with OAC 340:2-8-1 through OAC 340:2-8-13 and OAC 340:100-3-2 pertaining to protection, use, and release of personal information.The provider holds confidential all personal information regarding service recipients, including names, addresses, photographs, records of evaluation, and all other records confidential.Information is not disclosed, directly or indirectly, unless consent is obtained in writing from an adult service recipient or the legal guardian.
(c) Home record for service recipients receiving community residential supports, group home services, or non-residential habilitation training specialist (HTS) services.A current record of services is maintained by the contract provider in the home for each service recipient receiving community residential supports, per OAC 340:100-5-22.1,; group home service, per OAC 340:100-6; or non-residential HTS services, per OAC 340:100-5-35.
(1) Documents contained in each home record are not removed and, include:
(A) items that are not removed from the record, including guardianship documents and other legal documents;
(B) copy of current Individual Plan (Plan) packet and addendum copies;¢ 1
(C) applicable health-related documents including, but not limited to:
(i) Form 06HM039E, Continuous Medical Record, per OAC 340:100-3-40.1;
(ii) Form 06HM005E, Referral Form for Examination or Treatment, physician orders, discharge summaries, and emergency room reports;
(iii) Form 06HM006E, Health Status and Medication Review;
(iv) special instructions or the Health Care Plan;
(v) individually-identified data forms relevant to the service recipient's current health status;
(vi) a Dyskinesia Identification System:Condensed User Scale (DISCUS) or Abnormal Involuntary Movement Scale (AIMS), ifwhen required, per OAC 340:100-5-29;
(vii) current immunization record;
(viii) current medication administration records;
(ix) the most recent lab, x-ray, and consultation reports, and pharmacological evaluation, ifwhen applicable; and
(x) miscellaneous health-related consultations and correspondence; and
(xi) Form 06HM073E, Referral Form for Psychiatric Treatment or Examination;
(D) miscellaneous documents relating to the service recipient including, but not limited to:
(i) observation notes;
(ii) Form 06CB035E, Site Visit Report, completed by all professional contract providers and program coordination staff;
(iii) implementation strategiesstanding medical orders and protocols; and
(iv) applicable data collection sheets; and
(v) documentation of program coordination staff home visits.;
(E) quarterly residential reports on progress; and
(F) Form 06MP070E, Access to Home Record and Verification of Monitoring Requirement, certifying that all authorized persons accessing the service recipient information contained within the home record were informed and understand the penalties for misuse of confidential and protected information, per Section 1533.1 of Title 21 of the Oklahoma Statutes.
(2) In unusual circumstances a service recipient's home record or specified types of documents from the record may be maintained at a location other than the service recipient's home, ifwhen requested by the Team and approved in writing by the Developmental Disabilities Services Division area managerfield administrator.
(d) Retention.Each contract provider retains a record for each service recipient receiving services from the provider.
(1) Transfer of all documents more than three months old from the provider agency recordagency's records to a history file occurs yearly, unless otherwise specified, per OAC 340:10-3-40.
(2) The provider agency retains original records for a period of six years or until any pending litigation involving the service recipient is completed, whichever occurs last.
(e) Transfers between agencies.When a service recipient changes provider agencies, the agency provides the new agency with a paper or electronic copy of the current home record and any health documents requested by the Team within seven- calendar days of the transfer.
(f) Other provider records.The provider must maintain service records that substantiate the provision of services, eligibility of service recipients, and outcome of services.
(1) Records are maintained for a period of six years after the Oklahoma Department of Human Services has madeDHS makes the final payment and all pending matters are closed.
(2) The provider maintains copies of all claims, substantiating documents, and records regarding agency fiscal status within corporate offices in Oklahoma.
INSTRUCTIONS TO STAFF 340:100-3-40
Revised 1-01-19
1.Individual Plan (Plan) packet.The Developmental Disabilities Services case manager provides to the home record and, service recipient's Personal Support Team, items (1) through (12), the:
(1) annual medical report;
(2) assessment information from providers used to develop the Plan;
(3) Documentation of Consumer Choice and Consent to Implement the Plan;
(4) CCM Consumer Data Sheets;
(5) Form 15GR006E, Notice of Grievance Rights - Developmental Disabilities Services (DDS) service recipient, or Form 15GR007E, Notice of Grievance Rights - Hissom class member;
(6) health summary, when applicable;
(7) Oklahoma Health Care Authority Form LTC-300, Long Term Care Assessment;
(8) The Plan and all addenda, including social and developmental histories;
(9) protective intervention protocol, when applicable;
(10) psychological evaluation; and
(11) Team Review of Advocate/Guardian Participation for Hissom Class Members only.
SUBCHAPTER 17. EMPLOYMENT SERVICES
PART 3. STATE-FUNDED EMPLOYMENT (SHELTERED WORKSHOP) SERVICES
340:100-17-16. State-funded employment (sheltered workshop) reimbursement and therapeutic leave
Revised 5-12-059-16-19
(a) Agencies providing state-funded employment (sheltered workshop) services for eligible service recipients receive a flat daily rate approved by the Oklahoma Commission for Human Services.
(1) TheWhen a service recipient is unable to work five hours per day, the provider agency may receive prorated reimbursement aswhen recommended by the service recipient's Personal Support Team (Team)and documented in the Individual Plan (IP) for service recipients who are unable to work five hours per day.Team review and approval is documented in the Individual Plan (IP).IfWhen a service recipient is unable to participate a full five hours, other eligible service recipients can fill the balance of the work day.
(2) State-funded employment services for eligible service recipients must be included in the service recipient's IP.
(3) Payment is only disbursed following the delivery of authorized services to eligible service recipients.
(b) Each service recipient is allowed 26 days per year of therapeutic leave without reduction in agency funding.
(1) A maximum of 16 days of therapeutic leave may be used for:
(A) holidays, up to a maximum of 12 days per state fiscal year; and
(B) service recipient or family initiated vacations.
(2) The remainder of each service recipient's leave days may be used for:
(A) service recipient medical concerns, illnesses, doctor or therapy appointments, or injuries.
(i) When a service recipient is absent more than five consecutive days and therapeutic leave is billed, a Team meeting must be held to determine whether the service recipient's employment program should be suspended to avoid exhausting all of the service recipient's therapeutic leave.
(ii) Service recipients are encouraged to schedule appointments outside of employment hours;
(B) severe weather conditions;
(C) other conditions that threaten the safety or welfare of service recipients and staff; or
(D) service recipient refusal to attend. When a service recipient refuses to attend for three consecutive days, the Team must identify and address related issues before additional billing is authorized.
(c) In extraordinary situations, the Oklahoma Department of Human Services (OKDHS) may approve up to 20 additional days for prolonged medical conditions as recommended by the service recipient's Team.
(1) Requests for additional days for prolonged medical conditions are submitted to designated Developmental Disabilities Services Division (DDSD) staff for approval.
(2) The request for additional days for prolonged medical conditions must be specific to the service recipient and include:
(A) the name of the service recipient;
(B) the specific reason for the leave request;
(C) the number of extended medical leave days requested;
(D) supporting documentation, such as physician report or Team minutes; and
(E) the signature of the provider agency case manager or program coordinator.
(3) The DDSD area manager or designee mails a written response of approval, denial, or request for additional information within five days of receipt of the request.
(4) Providers cannot request more hours or days of therapeutic leave than the service recipient(s) was scheduled to work.
(d) If a service recipient has to stay home because the provider does not have adequate staff, therapeutic or extended leave is not authorized.
PART 5. OTHER STATE-FUNDED EMPLOYMENT SERVICES
340:100-17-30. Other state funded employment services [REVOKED]
State funded employment services may supplement employment services offered through the Community Waiver and Homeward Bound Waiver, per (OAC) 317:40-7.
(1) State funded employment services include:
(A) therapeutic leave, limited to 10% of authorized units with a maximum of 150 hours per service recipient each fiscal year.
(i) Each service recipient is eligible for up to 150 hours of therapeutic leave per fiscal year if the service recipient receives:
(I) center-based prevocational services;
(II) community-based prevocational services;
(III) enhanced community-based prevocational services;
(IV) individual placement in community-based services; or
(V) supplemental supports.
(ii) Therapeutic leave may be used for:
(I) legal holidays, maximum of 12 days per fiscal year;
(II) service recipient or family initiated vacations;
(III) service recipient medical appointment, concern, illness, or injury;
(IV) severe weather conditions; or
(V) service recipient refusal to attend the employment program.
(iii) When a service recipient is absent for more than five consecutive days due to illness, the service recipient's Team meets to discuss possible:
(I) program interventions; and
(II) suspension of the service recipient's employment program to avoid exhausting all available therapeutic leave.
(iv) When a service recipient refuses to attend his or her employment program for three consecutive days, the Team, including residential staff, meets to discuss possible program changes.The employment provider cannot claim for therapeutic leave beyond the three consecutive days until the Team has met.
(v) Claims for therapeutic leave require supporting documentation that includes the date and length of absence and specific reason for absence.
(vi) The provider can claim for therapeutic leave only for the number of scheduled work hours the service recipient missed.
(vii) The provider cannot claim for therapeutic leave when the:
(I) provider agency is closed for reasons other than severe weather conditions;
(II) provider staff is absent, other than on legal holidays; or
(III) service recipient's absence is caused by the provider’s inability to supply trained back-up staff.
(viii) The provider pays the direct support staff member the salary that the staff member would have earned if the:
(I) provider bills for therapeutic leave; and
(II) direct support staff member is unable to work due to the absence of the service recipient.
(B) center-based prevocational services;
(C) individual placement in community-based services;
(D) community-based prevocational services;
(E) enhanced community-based services;
(F) individual placement in job coaching services;
(G) job coaching services;
(H) enhanced job-coaching services;
(I) stabilization and extended services; and
(J) employment training specialist services.
(2) State funded employment services are available to members of the Homeward Bound class who are not eligible for Developmental Disabilities Services Division waiver services.
SUBCHAPTER 18. LICENSING
340:100-18-1. Board Certified Behavior Analyst (BCBA) license and Board Certified Assistant Behavior Analyst (BCaBA) certification
Issued 8-13-10Revised 9-16-19
(a) Authority.Section 1928 of Title 59 of the Oklahoma Statutes (59 O.S. § 1928) directs the Oklahoma Department of Human Services (OKDHS)(DHS) Developmental Disabilities Services Division (DDSD)(DDS) to provide for licensing of Board Certified Behavior Analysts (BCBAs) and certification of Board Certified Assistant Behavior Analysts (BCaBAs.)
(b) Definitions.The following words and terms, when used in this Subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior through skill acquisition and the reduction of problematic behaviorprocess of systematically applying interventions based upon the principles of learning theory to improve socially significant behaviors to a meaningful degree, and to demonstrate that the interventions employed are responsible for the improvement in behavior.
(2) "Behavior Analyst Certification Board (Board)" means the nationally accredited Behavior Analyst Certification Board.
(3) "Board Certified Behavior Analyst (BCBA)" means an individual who is certified by the nationally accredited Board and is licensed by OKDHS DDSDDHS DDS to provide applied behavior analysis services in Oklahoma.
(4) "Board Certified Assistant Behavior Analyst (BCaBA)" means an individual who is certified by the nationally accredited Board and is certified by OKDHS DDSDDHS DDS to provide applied behavior analysis services in Oklahoma.
(5) "Co-employed relationship" means the BCBA and BCaBA are employed by the same employer.
(6) "Employee-employer relationship" means the BCBA is the employer of the BCaBA.
(7) "Human services professional" means an individual licensed or certified byin Oklahoma as a licensed:
(A) physical therapist or physical therapist assistant;
(B) occupational therapist or occupational therapist assistant;
(C) clinical social worker;
(D) masters social worker;
(E) social work associate;
(F) psychologist or health service psychologist;
(G) speech pathologist;
(H) audiologist;
(I) professional counselor or professional counselor candidate;
(J) marital and family therapist or marital and family therapist candidate; or
(K) behavioral practitioner or behavioral practitioner candidate.
(8) "Licensed behavior analyst" means an individual who is certified by the nationally accredited Board as a BCBA and is licensed by DDSDDHS DDS to provide applied behavior analysis services in Oklahoma.
(9) "Oklahoma Licensed Behavior Analyst Board (OLBAB)" or "State Board" means the state board responsible for licensing behavior analysts and regulating the practice of applied behavior analysis professionals.
(10) "Real-TimeReal-time supervision" means the observation of the provision of service with all parties participating in or monitoring live interactions.
(11) "Supervisee" means a person who acts under the extended authority of a licensed behavior analyst to provide applied behavior analysis services or a person who is training to provide such services.
(12) "Supervision" means the direct observation and professional guidance during the provision of service by a BCBA of a BCaBA.
(13) "Two-way interactions" means the observation of the provision of service using real-time visual and auditory contact through the use of technological devices.
(c) Qualifications.
(1) Each person wishing to practice as a licensed behavior analystBCBA or as a certified assistant behavior analystBCaBA in Oklahoma applies to DDSDDDS using Form 06LC001E, Application for BCBA License and BCaBA Certification, and furnishes evidence that such personhe or she:
(A) is at least 21 years old;
(B) has passed the Board examination and is certified by the Board as a BCBA or as a BCaBA, as applicable; and
(C) has not had a professional license or state certification refused, revoked, suspended, or restricted and does not have a complaint, allegation, or investigation pending in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct unless DDSDDDS finds that the conduct has beenwas corrected or that mitigating circumstances exist that prevent resolution; and
(D) has at least the minimum graduate or undergraduate degree, appropriate for the level of certification, from an institution of higher learning in a qualifying field of study determined by the Board.
(2) No person can claim the title of licensed behavior analystor hold himself or herself out as being a BCBA or certified assistant behavior analystBCaBA unless that personhe or she meets the applicable requirements and obtains a license or certification, per this Section.
(A) Supervisees provide applied behavior analysis under the supervision of a licensed behavior analystBCBA.
(B) This Section does not restrict the practice of applied behavior analysis by human services professionals, provided such individuals are working within the scope of their professions and the practice of applied behavior analysis is commensurate with their level of training and experience.
(C) A violation of this subsection is punishable by a fine of not more than $500, the suspension or revocation of a license or certification issued pursuant to thisThis Section, or both fine and loss of licensure or certificationdoes not prohibit the practice of applied behavior analysis by a technician or family member implementing a plan within the home, acting under the extended authority and direction of a Licensed BCBA or BCaBA.
(D) A violation of this subsection is punishable by a fine of not more than $500, the suspension or revocation of a license or certification issued per this Section, or both fine, and loss of licensure or certification.
(E) DHS Legal Services may file and seek injunctive relief against any person who wrongfully holds himself or herself out as a BCBA or BCaBA, and does not in fact meet the applicable requirements set forth above, or who is not licensed or certified as a BCBA or BCaBA.The injunctive relief set forth in this Section is filed in the district court for any county wherein which the person holding himself or herself out as a BCBA or BCaBA.
(d) Application.Oklahoma licenses and certificates are issued for two-year terms following the initial State Board certification period by the Board.
(1) Licensure.A person requesting licensure provides for:
(A) for an initial request, requires:
(i) a current national Board certification from the Board;
(ii) a photo copy of a valid photo identification;
(iii) Form 06LC001E;
(iv) Form 06LC002E, Professional Reference for BCBA License and BCaBA Certification; and
(v) Form 06LC003E, Certification of Autism Internship/Practicum Designation for BCBA License, as applicable; and
(vi) Form 06LC004E, Statement of Professional Disclosure for BCBA License and BCaBA Certification; and
(B) for a renewal, requires:
(i) a current copy of National Board certification from the Board;
(ii) a photo copy of a valid photo identification;
(iii) Form 06LC001E; and
(iv) Form 06LC004E; and
(C) for autism internship designation the respective institution of higher education completes Form 06LC003E, certifying the applicant has completed a 1000 hour BCBA supervised internship serving individuals with autism using evidence based applied behavior analysis approaches.A BCBA can petition OLBAB to consider professional hours of supervised autism internship outside of a institution of higher education program for consideration of alternative autism internship designation.All individuals licensed may provide applied behavior analytic service to persons with autism spectrum disorder, but only those completing the internship or approved by the OLBAB as specified in this paragraph may represent that they have the autism internship.
(2) Certification.A person requesting certification must provide for:
(A) for an initial request:
(i) a current copy of National Board certification from the Board;
(ii) a photo copy of a valid photo identification;
(iii) Form 06LC001E;
(iv) Form 06LC002E;
(v) Form 06LC004E; and
(vi) Form 06LC005E, BCaBA Professional Supervision; and
(B) for re-certification:
(i) a current copy of National Board certification from the Board;
(ii) a photo copy of a valid photo identification;
(iii) Form 06LC001E;
(iv) Form 06LC004E; and
(v) Form 06LC005E.
(3) Post-military personnel.Pursuant to the Post-Military Service Occupation, Education and Credentialing Act, 59 O.S. § 4100.1, issuance of an Oklahoma license or certificate to post-military service members and spouses are expedited upon receipt of required application materials and verification of Board certification.
(e) Licensure and certification.A person licensed or certified by DDSDDDS:
(1) maintains active status and fulfillfulfills all requirements of national certification or recertification with the Board;
(2) conducts professional activities in accordance with standards found in the Guidelines for Responsible Conduct and Professional Disciplinary Standards established by the Board and available on their Web sitewebsite at www.bacb.com; and
(3) applies for license or certification renewal on or before April 30 of each odd- numbered year to continue practicing in Oklahoma.
(f) Fees.
(1) BCBA licensure fees:
(A) for initial licensing are pro-rated on a rounded average of $50 for each full- calendar year remaining on the national Board certification; and
(B) $100 for each two-year license thereafter.
(2) BCaBA certification fees:
(A) for initial certification are pro-rated on a rounded average of $25 for each full-calendar year remaining on the national Board certification; and
(B) $50 for each two-year certification thereafter.
(g) Requirements of supervision.A certified BCaBA works under the supervision of a licensed BCBA.A BCBA providesmay provide supervision to a maximum of six BCaBAs at any time.Supervision by the BCBA occurs for a minimum of two hours for each 40 hours of services provided by a BCaBA.
(1) Supervision requirements include, for:
(A) real-time supervision:
(i) a minimum of one of two supervision sessions are conducted using real-time supervision; and
(ii) not more than half of the supervisory requirements are satisfied in a group setting; and
(B) qualifying supervision beyond the requirements of real-time supervision includes:
(i) the use of two-way interactions,;
(ii) review of materials submitted by the BCaBA,; and
(iii) observation of the BCaBA demonstrating professional skills.
(2) A formal professional relationship must exist between a supervising BCBA and BCaBA that and may include:
(A) a co-employed relationship; or
(B) an employee-employer relationship.
(3) BCaBAs submit Form 06LC005E to OLBAB within ten10-business days of any change in supervision status.
(h) Oklahoma Licensed Behavior Analyst BoardOLBAB.
(1) OLBAB consists ofhas five members consisting of:
(A) three licensed BCBAs who may be employed by OKDHSDHS appointed to the OLBAB by the OKDHSDHS Director;
(B) one BCaBA who may be employed by OKDHSDHS appointed to the OLBAB by the OKDHSDHS Director; and
(C) one member employed by OHCA, designated by the Oklahoma Health Care Authority (OHCA) who is a person with behavioral health expertise employed by OHCA.
(2) The chair of OLBAB is appointed by the OKDHSDHS Director.
(3) Administrative support of the OLBAB is provided by DDSDDDS staff as designated by the DDSDDDS director.
(4) OLBAB meets a minimum of four times per calendar year.All meetings are subject to the Open Meetings Act, per 25 O.S. § 301-314.
(5) Travel expenses for members of OLBAB are reimbursed, per 74 O.S. § .500.4.
(6) OLBAB maintains a list of all persons licensed or certified to provide behavior analytic services in Oklahoma and provides a copy of the listcopies to any interested personpersons upon written request.
(i) Ethics.
(1) Any person licensed or certified by DDSDDDS as either a BCBA or a BCaBA reports to the state Board within five-business days any sanction, denial of initial or renewal certification, revocation, suspension, or any other limitation of license or certification or combination of national Board sanctions by the Board.IfWhen a person loses national Board licensure or certification for any reason, he or she immediately forfeits the Oklahoma license or certification and must notify OLBAB within five-business days of such notice from thenational Board action and must immediately stop providing BCBA or BCaBA services in Oklahoma.
(2) Grounds for forfeiture or non-renewal of a license or certification for practice in Oklahoma include:
(A) obtaining or attempting to obtain a license or certification by making a false or misleading statement, failure to make a required statement, or fraud or deceit in any communication to OLBAB;
(B) gross or repeated negligence, incompetence, misconduct, or malpractice in professional work, including, but not limited to:
(i) any physical or mental condition that currently impairs competent professional performance or poses a substantial risk to the recipient of behavior analysis services;
(ii) professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community and creates a serious risk of harm to or deception of service recipients;
(iii) abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;
(iv) professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering service recipient's records or data;
(v) engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients; andor
(vi) the unauthorized material disclosure of confidential service recipient information;
(C) limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification;
(D) any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety; or
(E) failure to adequately supervise or be supervised in accordance with the BACB Standards for Supervision.
(3) Applicants and persons holding a current license or certificate reports to the OLBAB within 30-calendar days of occurrence:
(A) a change in name, address, or other vital information;
(B) the filing of any criminal or civil charges;
(C) the initiation of any disciplinary charges, investigations, or findings and/or sanctions by a health care organization, federal or state agency, or other professional association; and
(D) any other change in information provided by the applicant or person holding a current license or certificate to the OLBAB.
(j) Complaint investigation.All complaints regarding unprofessional conduct of a BCBA or BCaBA are submitted to OLBAB in writing.The program administrator for theOKDHS DDSDDDS Quality Assurance Programprograms administrator assists OLBAB with investigations upon request and reports any findings to the Board for action.
(k) Sanctions.Sanctions are determined by the State Board.
