COMMENT DUE DATE:
January 2, 2013
DATE:
November 26, 2012
Samantha Galloway, DDSD Policy Liaison 405-521-4989
Nancy Kelly, OIRP Policy Specialist 405-522-6703
Dena Thayer, OIRP Programs Administrator 405-521-4326
RE:
APA WF 12-08
The proposed policy is Permanent . This proposal will go to the Commission meeting on
It is very important that comments regarding the proposed DRAFT COPY of the rulemaking policy be provided and directed to the Office of Intergovernmental Relations and Policy (OIRP) by close of business on the comment due date, January 2, 2013.The proposed policy is permanent and the proposed effective date is July 1, 2013.
CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-5.1 [AMENDED]
Part 3. Administration
OAC 340:100-3-29 [AMENDED]
OAC 340:100-3-38.10 [AMENDED]
(Reference WF 12-08)
SUMMARY:The proposed amendments to Chapter 100 Subchapter 3 amend the rules to:(1) designate Developmental Disabilities Services Division (DDSD) State Office staff that have authority to approve and deny volunteer guardianship exceptions, and limit volunteer guardians to serving no more than two service recipients without an exception; (2) clarify requirements for background checks; (3) designate DDSD State Office staff that have authority to approve or revoke medication administration training (MAT); (4) remove the requirement that agencies submit the MAT training records to DDSD; and (5) no longer require staff Social Security numbers on the training records.
SUBSTANTIVE CHANGES:
OAC 340:100-3-5.1 is amended to designate DDSD State Office staff that have authority to approve and deny volunteer guardianship exceptions, and limit volunteer guardians to serving no more than two service recipients without an exception.
OAC 340:100-3-29 is amended to clarify requirements for background checks.
OAC 340:100-3-38.10 is amended to:(1) clarify requirements for background checks; (2) designate DDSD State Office staff that have authority to approve or revoke medication administration training (MAT); (3) remove the requirement that agencies submit the MAT training records to DDSD; and (4) no longer require staff Social Security numbers on the training records.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 10 O.S. § 1415; 10 O.S. § 1430.1 et seq.; 51 O.S. § 151 et seq.; 63 O.S. § 1-1901 et seq.; and The Domestic Volunteer Service Act (DVSA) of 1973, Public Law (P.L.) 93-113.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:James Nicholson
Developmental Disabilities Services Division
Date:December 3, 2013
Re:Chapter 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-5.1 [AMENDED]
Part 3. Administration
OAC 340:100-3-29 [AMENDED]
OAC 340:100-3-38.10 [AMENDED]
(Reference WF 12-08)
Contact: Samantha Galloway 405-521-4989
A. Brief description of the purpose of the proposed rule:
Purpose.The proposed amendments to Chapter 100 Subchapter 3 amend the rules to:(1) designate Developmental Disabilities Services Division (DDSD) State Office staff that have authority to approve and deny volunteer guardianship exceptions, and limit volunteer guardians to serving no more than two service recipients without an exception; (2) clarify requirements for background checks; (3) designate DDSD State Office staff that have authority to approve or revoke medication administration training (MAT); (4) remove the requirement that agencies submit the MAT training records to DDSD; and (5) no longer require staff Social Security numbers on the training records.
Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by supporting the DDSD long-term goal to provide community services to Oklahoman's with developmental disabilities.
Substantive changes.
OAC 340:100-3-5.1 is amended to designate DDSD State Office staff that have authority to approve and deny volunteer guardianship exceptions, and limit volunteer guardians to serving no more than two service recipients without an exception.
OAC 340:100-3-29 is amended to clarify requirements for background checks.
OAC 340:100-3-38.10 is amended to:(1) clarify requirements for background checks; (2) designate DDSD State Office staff that have authority to approve or revoke medication administration training (MAT); (3) remove the requirement that agencies submit the MAT training records to DDSD; and (4) no longer require staff Social Security numbers on the training records.
Reasons.The proposed amendments clarify practices, procedures, and service options provided by DDSD and contractors, in addition to providing a better-organized means of offering this information within the Oklahoma Administrative Code.
Repercussions.If the proposed rules are not implemented, services to Oklahomans with developmental disabilities will be hindered due to conflicting rules, laws, and procedures.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 10 O.S. § 1415; 10 O.S. § 1430.1 et seq.; 51 O.S. § 151 et seq.; 63 O.S. § 1-1901 et seq.; and The Domestic Volunteer Service Act (DVSA) of 1973, Public Law (P.L.) 93-113.
Permanent approval.Permanent rulemaking approval is requested effective July 1, 2013.
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 most likely to be affected by the proposed rules are Oklahomans receiving community supports or residential services through DDSD, placement providers, community contractors, and DDSD staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C. A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are children, youth, adults, and families served by contract providers, agencies, and DDSD.
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:The revised rules do not have a known economic impact on the affected entities.There are no fee changes associated with the revised rules.
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 OKDHS includes the cost of printing and distributing the rules estimated to be less than $10.The revised rules will result in enhanced delivery of services to service recipients.
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 rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of 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:There are no anticipated adverse effects 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 non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for complying with state or federal mandates.DDSD solicited and incorporated suggestions from family members of service recipients, advisory groups, contractors, and DDSD staff regarding service provisions and other supportive activities in the proposed revisions.
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:Implementation of the proposed rules will improve the means in which supportive services are rendered at the community and statewide level.
J. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rules are not implemented, the delivery of services for Oklahoman’s with developmental disabilities will be hindered due to conflicting rules, laws, and procedures.
K. The date the rule impact statement was prepared and, if modified, the date modified: Prepared September 10, 2012; modified December 3, 2012.
SUBCHAPTER 3. ADMINISTRATION
PART 1. GENERAL ADMINISTRATION
340:100-3-5.1. Volunteer guardians and advocates
Revised 5-15-097-1-13
(a) Purpose.Developmental Disabilities Services Division (DDSD) contracts with an agency to maintain a system to recruit, screen, match, monitor, and support volunteer guardians and advocates for eligible service recipients. To be eligible, the service recipient must:
(1) be assigned a DDSD case manager;
(2) have been determined through the capacity assessment process, per 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) Responsibilities of DDSD responsibilities.
(1) When the need for a guardian or advocate has been is determined through the capacity assessment process, per OAC 340:100-3-5, the DDSD case manager forwards Form 06MP032E, Capacity Assessment, with a recommendation for a volunteer guardian or advocate to the DDSD case management supervisor.If volunteer guardianship is recommended, documentation of attempts made to locate a guardian, among those who are eligible per OAC 340:100-3-5, must be included.
(2) The DDSD case management supervisor reviews the documents, and if approved, forwards the documents to the guardianship coordinator.
(3) The guardianship coordinator reviews Form 06MP032E and, if approved, makes a referral to the volunteer guardianship agency to initiate the process to recruit a volunteer guardian or advocate.
(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) 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 any other DDSD provider is providers are ineligible to be appointed volunteer guardian of a person receiving services from that provider agency or provider.
(A) An immediate family member, spouse, parent, sibling, or adult child, of an ineligible person cannot serve as a volunteer guardian.
(B) An extended family member of an ineligible person cannot serve as a volunteer guardian when there is evidence that financial interdependence exists.
(2) Employees of DDSD cannot serve as volunteer guardians.
(A) An immediate family member, spouse, parent, sibling, or adult child, of the DDSD employee cannot serve as a volunteer guardian, if when the employee is a member of the service recipient's Personal Support Team (Team).
(B) An extended family member of the DDSD employee cannot serve as a volunteer guardian when there is evidence that financial interdependence exists, and the employee is a member of the service recipient's Team.
(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 DDSD director or designee programs manager for guardianship.
(4) Employees of Oklahoma Department of Human Services (OKDHS) cannot serve as volunteer guardians for residents of Northern Oklahoma Resource Center of Enid (NORCE), Southern Oklahoma Resource Center (SORC), or Robert M. Greer Center (Greer), per 10 O.S. § 1415.
(5) Potential guardians must:
(A) pass consent to a background check per OAC 340:100-3-39 and OKDHS Community Services Worker Registry check;
(B) possess the willingness and ability to devote time and energy to serve as guardian be willing and able to fulfill guardian responsibilities;
(C) be certified by the volunteer guardianship agency; and
(D) approved by the Team.
(6) A volunteer guardian:
(A) supports the philosophy philosophies and values consistent with the DDSD mission statement per OAC 340:100-1-3.1; and
(B) serves no more than two wards may not act as a volunteer advocate or guardian for more than two service recipients unless approved in advance and in writing by the DDSD director or designee DDSD programs manager for guardianship.
(d) Volunteer advocate eligibility requirements.DDSD supports the recruitment of volunteers from outside the service delivery system to avoid potential conflicts of interest.
(1) Non-DDSD OKDHS 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 OKDHS division 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) DDSD 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 DDSD director or designee programs manager for guardianship.
(e) Responsibilities of a volunteer Volunteer guardian responsibilities.The responsibilities of a volunteer Volunteer guardian responsibilities are outlined in per OAC 340:100-3-5.
(f) Responsibilities of a volunteer 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 support 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) attending the Individual Plan (IP) meeting or other meeting(s);
(5) assisting the service recipient with finances;
(6) accompanying the service recipient to medical appointments; or
(7) assisting the service recipient in completing applications.
(g) Responsibilities of a temporary volunteer Volunteer advocate responsibilities.The assistance of a temporary 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.The responsibilities of a temporary 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.The After volunteer guardianship agency certification, Team approval, and if able, the service recipient, the volunteer applies for and receives submits Form 06MP031E, Guardianship Voucher, per OAC 340:100-3-5.2, to pay the attorney fee fees necessary to file the guardianship petition after certification by the volunteer guardianship agency, and approval by the Team and, if able, the service recipient.Court involvement is not required to establish volunteer advocacy, therefore the voucher is not available in such cases.
(i) Monitoring of volunteer guardians and advocates Volunteer guardian and advocate monitoring.Monitoring of the volunteerguardians and advocates Volunteer guardian and advocate monitoring is provided by the volunteer guardianship agency according to per requirements specified in the OKDHS and agency contract with the agency.
(j) Training Volunteer guardian and advocate training requirements for volunteer guardians and advocates.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 agency at no cost to the volunteer.
(2) Volunteers receive orientation from volunteer guardianship agency regarding applicable OKDHS rules and procedures regarding volunteer programs.
(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 OKDHS, nor can they be so authorized without creating a conflict of interest in their roles as guardians.
(k) Responsibilities of volunteer Volunteer guardianship agency responsibilities.Duties of the volunteer 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 Personal Support Team for review and approval;
(5) arranging visits between potential volunteers and service recipients;
(6) providing training and orientation on OKDHS rules and procedures, including 51 O.S. § 151 et seq.;
(7) monitoring in accordance with per OAC 340:100-3-5.1; and
(8) providing technical assistance as requested by the volunteer or DDSD 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 of due dates for annual court reports, and if when needed, providing assistance to complete the completing reports.
PART 3. ADMINISTRATION
340:100-3-29. Foster Grandparent Program
Revised 6-1-107-1-13
All foster grandparent volunteer activities and requests for volunteers 55 years of age or older are recorded and monitored through the Oklahoma Department of Human Services (OKDHS) Foster Grandparent Program Office, in accordance with the Domestic Volunteer Service Act (DVSA) of 1973, Public Law (P.L.) 93-113, as stated in the current Foster Grandparent Program Operations Handbook.
(1) Foster Grandparent Program volunteers provide services to persons younger than age 22 years of age.
(2) Volunteers receive an hourly stipend if his or her total household income is within the National Senior Service Corps (NSSC) guideline.
(3) Volunteers provide services no more than 2,088 hours per year.
(4) Volunteers receive all benefits as stipulated in the Corporation for National and Community Service, CNCS Foster Grandparent Program Operations Handbook.
(5) A background check is completed prior to a potential foster grandparent serving as a volunteer and every three years thereafter.The background check includes:Required volunteer background and ongoing registry checks for potential foster grandparents.Prior to serving as volunteers and:
(A) the Sex Offender Registry;annually thereafter, the volunteer must complete:
(i) The Sex Offender Registry; and
(ii) the Mary Rippy Violent Crime Offenders Registry;
(B) the Developmental Disabilities Services Division (DDSD) Community Services Worker Registry; every three years thereafter, the volunteer must complete:
(i) the Developmental Disabilities Services Division (DDSD) Community Services Worker Registry;
(ii) an Oklahoma State Bureau of Investigation name and criminal records history search; and
(iii) a Department of Public Safety history.
(C) an Oklahoma State Bureau of Investigation name and criminal records history search;
(D) the Mary Rippy Violent Crime Offenders Registry; and
(E) a Department of Public Safety history.
(6) Prior to volunteering and annually thereafter, the foster grandparent must have an OKDHS vendor contract in force for the reimbursement of travel, meals, or stipends if stipend reimbursement, when applicable.
(7) DDSD staff submits monthly expenditure reports to the OKDHS Finance Division federal programs accountant.
340:100-3-38.10. Medication administration training
Revised 7-1-117-1-13
(a) General requirements.Staff must be certified in a medication administration-training course approved by the Developmental Disabilities Services Division (DDSD) human resource development director of human resource development before administering medication(s) to a person receiving services or assisting with a person's medication support plan.
(1) The DDSD human resource development director of human resource development may approve medication administration certification from another state if when supplied with a copy of an acceptable course curriculum.
(2) A licensed nurse who maintains a current, unrestricted license is exempt from the training requirements of this paragraph.
(A) Licensed practical nurses (LPNs) and registered nurses (RNs) may administer medications in accordance with their training.
(B) The employer must maintain a copy of the nurse's license in the nurse's personnel file or make the license available for review.
(3) Certification or re-certification to administer medications is valid for one year from the date of issuance.
(A) If a person allows his or her medication administration certification to expire, he or she cannot administer medication(s) or assist with a medication support plan.If the person's certification has been expired for less than 60 days, the person's certification is renewed by taking the one-day update training.
(B) If the person's medication administration certification has been expired for 60 days or more, the person does not administer medication(s) or assist with a medication support plan and must complete an approved initial medication administration class.
(4) All provider agencies must:
(A) establish written policies that assure compliance with the rules in this Section and with applicable federal and state laws;
(B) provide documentation that staff have been given an in-service in agency-specific practices, including, but not limited to medication storage requirements, documentation forms, and procedures for a medication event, as defined in per OAC 340:100-3-34; and
(C) maintain a copy of each employee's current certification in that employee's his or her personnel file.
(b) Medication administration training provided by provider agencies.DDSD provider agencies may conduct medication administration training under the conditions listed in this subsection.
(1) Any provider agency wishing to conduct medication administration training or re-certification classes must submit the prospective trainer's credentials of the prospective trainer(s) to the DDSD human resource development director of human resource development for approval.The provider agency is responsible for ensuring that the instructor adheres to the rules given in this Section.
(A) The prospective instructor must be an RN or LPN working under the supervision of an RN.
(i) The nurse's license must be current and active through the Oklahoma State Board of Nursing.
(ii) Any exception to the requirement that the instructor be an RN or LPN must be approved in writing by the DDSD human resource development director of human resource development and the DDSD director of nursing.
(B) Potential instructors with other types of medical experience or licensure may seek approval to teach medication administration training classes by submitting credentials to the DDSD human resource development director of human resource development.
(C) Each instructor must request and receive approval every two years to teach medication administration training.
(2) The DDSD director of nursing program manager for health and professional services and human resource development director of human resource development must approve or deny the agency's request in writing.A letter designating approval of an instructor to conduct medication administration training must be maintained in the instructor's personnel file at the agency.
(3) Approved instructors use only course materials approved by the DDSD human resource development director of human resource development.
(4) Each participant in an initial medication training course receives an approved training manual to keep for future use.
(5) Each agency approved to provide medication administration training must implement an internal monitoring system, subject to DDSD random review, to review and document the consistency of the training and use of the approved curriculum.
(6) All medication administration training must be conducted according to the specific requirements of the course, the rules in this Section, and DDSD training rules, per OAC 340:100-3-38.
(7) Instructors provide Certificate Number C-0226, Certificate of Medication Administration Training, based on the competency criteria given provided in this paragraph.
(A) Each person must satisfactorily complete the course with a minimum passing score of 85 percent for each test or subtest.If a person does not achieve a score of at least 85 percent after taking the exam two times, he or she must repeat the class must be repeated.
(B) The instructor is responsible for administering a written test to each participant and directly observing test completion of the test.
(8) The agency providing the training sends maintains documentation of completed medication administration training to the area DDSD Human Resource Development Unit within one week of the completed training.Documentation must include the:
(A) name of the agency providing the training;
(B) name(s) of the instructor(s);
(C) name of the training, whether initial medication administration training or update;
(D) training date(s) of the training;
(E) participant names and Social Security numbers of the participants;
(F) name of the agency name employing each participant; and
(G) each participant's pass or fail status of each participant.
(9) The DDSD human resource development director of nursing and director of human resource development may revoke the an instructor's approval of an instructor to provide medication training for violation of the violating rules in this Section.
