Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Jeromy Buchanan, CAP Director
Date: May 28, 2025
Re: Chapter 5. Adult Protective Services
Subchapter 1. Adult Protective Services
340:5-1-5 [AMENDED]
Subchapter 3. Maltreatment Allegations
340:5-3-5 [AMENDED]
340:5-3-6 [AMENDED]
Subchapter 5. Investigation of Adult Protective Services Reports
340:5-5-6 [AMENDED]
(Reference WF 26-5)
Contact: Cathy Wood, Programs Supervisor (580) 421-5807
A. Brief description of the purpose of the proposed rule:
(i) Purpose.
The proposed amendments to Chapter 5, Subchapter 1, enable sharing of information with staff of Tribal Nation's Adult Protective Services (APS) programs.
The proposed amendments to Chapter 5, Subchapter 3, amend the rules to: (1) update the name of the Long Term Care Administrator Licensing Program; and (2) reflect current practice and remove incorrect language.
The proposed amendments to Chapter 5, Subchapter 5, clarify the responsibilities of APS specialists in guardianships.
(I) Rule classification. The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in, or implementation of, a federally subsidized or assisted program. The proposed amendments are not required by federal law or as a requirement for participation in, or implementation of, a federally subsidized or assisted program.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law. The proposed amendments are not required by federal law, and Oklahoma Human Services (OKDHS) has not exceeded its legal authority.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule. The proposed amendments are not required by federal law.
(ii). Strategic Plan Impact.
The proposed amendments achieve OKDHS goals by allowing more collaboration with Tribal Nations who have jurisdiction for tribal citizens and by aligning policy with practice.
(iii). Substantive changes.
Subchapter 1. Adult Protective Services
Oklahoma Administrative Code (OAC) 340:5-1-5 is amended to add staff of a Tribal Nation's APS program to the list of entities who may review or receive information from the entire case record and to renumber list.
Subchapter 3. Maltreatment Allegations
OAC 340:5-3-5 is amended to correct the name of the Long Term Care Administrator Licensing Program.
OAC 340:5-3-6 is amended to: (1) reflect current practice; (2) remove incorrect language; (3) clarify the responsibilities of APS specialists in guardianships; and (4) add new language to give guidance regarding APS responsibilities when a guardianship dismissal is not approved by the court.
Subchapter 5. Investigation of Adult Protective Services Reports
OAC 340:5-5-6 is amended to clarify the responsibilities of APS specialists in guardianships.
(iv). Reasons.
The proposed amendments allow more collaboration with Tribal Nations who have jurisdiction for tribal citizens, correct language, and align policy with practice.
(v). Repercussions.
If the proposed amendments are not made, tribal citizens may not receive the services or legal interventions they need and APS policy would not be consistent with practice.
(vi). Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes [56 O.S. § 162];
(vii). Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed amendments are not expected to have an economic impact on OKDHS, so no comprehensive analysis of impact is needed at this time.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: The proposed amendments have no anticipated economic impact outside the Agency.
D. 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: Chapter 5 Subchapters 1, 3, and 5: The classes of persons most likely to be affected by the proposed amendments are APS staff and vulnerable adults. The affected classes bear no costs associated with the implementation of the rules.
E. A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are APS staff and vulnerable adults.
F. 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: The proposed amendments do not have an economic impact on the affected entities.
G. 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 nor require their cooperation in implementing or enforcing the rule.
H. 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 businesses as provided by the Oklahoma Small Business Regulatory Flexibility Act.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: The proposed amendments do not have an economic impact on the affected entities.
J. 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: There are no anticipated effects on the public health, safety, or environment.
K. 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, there are no expected detrimental effects on public health, safety, and environment.
L. An analysis of alternatives to adopting the rule: There are no alternatives to adopting the proposed amendments.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: There is no additional time estimated to develop the rule or other resources needed to develop the rule.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 28, 2025; modified August 22, 2025.
