Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Beth Scrutchins, Director
Developmental Disabilities Services
Date: June 9, 2025
Re: CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES
Subchapter 3. Administration
Part 3. Administration
340:100-3-38.10 [AMENDED]
(Reference WF 25-06)
Contact: Darrin Thompson 405-301-2895
A. Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments update the rules to implement changes recommended during the annual Developmental Disabilities Services (DDS) rule review process.
Strategic Plan Impact.
The proposed amendments position Oklahoma Human Services (OKDHS) DDS to improve services to individuals with intellectual and developmental disabilities; support DDS goals of improving vulnerable Oklahomans' quality of life by increasing individuals' abilities to lead safer, healthier, more independent, and productive lives; and to comply with federal requirements.
Substantive changes.
Subchapter 3. Administration
Part 3. Administration
Oklahoma Administrative Code 340:100-3-38.10 is amended to: (1) change the requirement that provider staff who administer medications to DDS recipients must take Development Disabilities medication administration training (DDMAT); (2) clarify that certification to administer medications is valid for two years if staff administer medications for at least 12 non-consecutive months during the two years certification period; (3) clarify that providers must provide a paper or electronic copy to staff who successfully complete DDMAT training; (4) clarify the DDMAT and DDMAT update classes can only be taught by instructors who successfully complete the approved DDMAT Train the Trainer course and refresher courses as required, and who undergo review of civil litigation records; (5) clarify that Oklahoma technical schools, independent contractors, and DDS provider agency staff may conduct DDMAT and DDMAT update classes; (6) clarify criteria for a nurse to teach DDMAT; and (7) update criteria for participants of DDMAT and DDMAT update classes.
Reasons.
The proposed amendments update and clarify DDS rules, per Section 1020 of Title 56 of the Oklahoma Statues [56 O.S. § 1020].
Repercussions.
The proposed amendments contribute to the health and safety of vulnerable Oklahomans and positions Oklahoma to continue to improve service provision.
Legal authority.
Director of Human Services; 56 O.S. § 162.
Emergency rulemaking approval is requested.
The proposed change will protect the health, safety, and welfare of individuals served through a DDS waiver by ensuring direct support staff who administer the participants' medications are properly trained on appropriate issues and best practices related to medication administration.
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 rule's implementation.
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 total costs related to these rule changes is expected to be zero.
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 will positively impact the health, safety, and well-being of affected individuals by ensuring staff who administer the participants' medications are properly trained on best practice.
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 affected individuals' health, safety and welfare may be negatively impacted because best practices will not be implemented.
K. The date the rule impact statement was prepared and, if modified, the date modified: Prepared; June 9, 2025 modified;
