| Standards |
Questions and Responses |
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| Consumer Rights (450:15) |
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| 450:15-3-20.2. Validity of written consent |
Is a consumer’s signature on a form having a statement that “my rights have been provided and explained to me and I understand all my rights” adequate to document the client’s understanding of right and time-frame and types of info to be released?
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No. This would not be adequate.
450:15-3-20.2. describes requirements for a valid consent signed by the consumer of services. This standard refers to each release of information signed by the consumer and all elements outlined in this 450:15-3-20.2. must be clearly evident, including the consumer’s understanding of the specific type(s) of information requested, the period of time for which the information has been requested, the purpose or need for the information, an assurance that services are not contingent on the consumer’s decision concerning authorization for the release of information, and the consumer gives his or her consent freely and voluntarily. |
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How do we deal with drug court clients?
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Their acceptance in drug court is contingent upon their agreeing to have information shared w/the court.
Drug court participants have the same right as other consumers to refuse to give consent. However, if they do not consent, it is a likely consequence that they will not be accepted into the drug court program. That is a stipulation of the program and is a condition determined by the legal system, not by providers undergoing review for ODMHSAS certification. |
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| Community Residential Mental Health Facilities (450:16) |
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| 450:16 Food Service related to Community Residential Mental Health Facilities |
Is there a program for kitchen (the head staff) for the food service standards? (for all kitchen/food standards) |
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Several standards address nutrition and food service requirements for Residential Care facilities. (See 450:16-13-1 through 450:16-13-6.) Training of staff responsible for compliance with these requirements is not specifically addressed in the standards. Additionally, the Oklahoma State Department of Health stipulates more detailed requirements for food service preparation and storage. Facilities are encouraged to contact the local County Health Office for suggested trainings and consultations that might be available. |
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| Community Mental Health Centers (450:17) |
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| 450:17-21-3. Annually required in-service training for all employees |
If CAPE used, will approval still be required?
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Yes. Since CAPE is widely used within Oklahoma, an expedited approval process will be developed. |
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What exact training do you have recommendations for age & developmentally appropriate training?
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The curricula and training events can be designed based on the populations served by each facility. The content should match easily with the populations served by ages. Contacts for more detailed technical assistance on training content are:
• Jackie Shipp, ODMSHAS Director of the Office of Children, Youth and Families (405-522-4142 or jshipp@odmhsas.org)
• Mich Magness, ODMHSAS Coordinator of Aging Services (405-522-2174 or mmagness@odmhsas.org) |
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| Alcohol and Drug Treatment Programs (450:18) |
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| 450:18-1-2 Definitions |
Last year, if reviewed before November 1, providers were allowed to choose which standards to be reviewed on. Are we allowed to do that this year?
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This appears to be a question related to ODMHSAS contracts and funding for specific services. Questions related to billing will need to be directed to the appropriate payer source, including in some case, ODMSHAS Substance Abuse and/or Mental Health Recovery Division.
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Why weren’t recovery support specialists included? At the DMH conference in January we (SA agencies) were led to believe that we needed and should add these folks to our staff. Will we not be able to bill these services?
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To minimize confusion facilities undergoing renewal applications site visits prior to November 1, 2008, will be reviewed using the protocol based on the 2007 standards. There were only minimal changes to 450:18 and it is anticipated there will be only a few instances where these changes will impact compliance with the standards. In such cases, any program that complies with the 2008 revision will not be scored as non-compliant with the specific standard as it was articulated in the 2007version.
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Can different language be considered for “psychiatric-Social Educational” group”? |
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Any recommendations for revisions to current rules, including changes in terminology can be forwarded to jhudgens@odmhsas.org.
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What scope of services is the paraprofessional capable to perform?
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450:18-1-2 contains the definition for “paraprofessional.” The term is then only used within the standards in 450:18-13-81, related to non-medical detoxification services. That standard stipulates “Non-medical detoxification shall be provided . . . with trained paraprofessionals . . .” and “ . . . The staff members assigned shall be knowledgeable about the physical signs of withdrawal, the taking of vital signs, the implication of those vital signs, and emergency procedures, who are trained and competent to implement physician-approved protocols for consumer observation and supervision, determination of appropriate level of care, and facilitation of the consumer’s transition to continuing care . . . “The staff shall be knowledgeable regarding facility-required education, evidenced based practices, training, and policies . “
Based on the definition and the reference in 450:18-13-81, the scope should be limited to the items specifically listed in this sections (3) (A) and (3) (B) in this standard, provided the facility can document completed training and competencies in the content areas identified in the standards. |
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| 450:18-7-6.1(b)(2) Case Management |
“Monitoring that shall address issues & concerns in consumer’s initial assessment”. What exactly does this mean? Please provide examples of monitoring and where to document this.
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450:18-7-61 articulates case management requirements for adults in substance abuse treatment service settings. This standard requires screening for case management needs. The monitoring for how a facility is addressing or arranging for needs to be addressed (based on the screening and evaluation completed by the facility) should be evident in progress notes, special case management reports or other documentation. The intentions of this standard are that (1) the basic needs of the consumer are identified, (2) plans are made on how those can be addressed, and (3) the facility documents in the consumer records that it actively monitors how the plans are implemented, completed, and changed.
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| 450:18-7-65. Case Management |
Case management services may be provided by either the treatment professional or a certified Behavioral Health case manager. Please clarify if both are reimbursable or equal status for this service - not sure if treatment professional has to have credential.
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This appears to be a question related to ODMHSAS contracts and funding for specific services. Questions related to billing will need to be directed to the appropriate payer source, including in some case, ODMSHAS Substance Abuse and/or Mental Health Recovery Division. |
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| 450:18-11-1. Consumer Rights |
Treatment Advocate – are substance abuse facilities required to offer treatment advocate and have the required advocate form?
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No, not usually. 450:18-11-1 states treatment facilities shall comply with applicable rules in Title 450, Chapter 15. 450:15-3-28. Right to name a Treatment Advocate is not generally applicable to substance abuse facilities. |
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| Community-Based Structured Crisis Centers (450:23) |
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| 450:23-3-8. Services to the Homeless |
Please explain the requirement related to minors.
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450:23-3-8 requires that, prior to discharging a person under the age of 18 from a crisis stabilization center, the center should confirm that the person’s guardianship, custody, or emancipation status is clear and intact in order that the homeless youth can access services.
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| 450:23-19-3. In-service |
For trauma informed training, if training given to each new employee, is annual training required thereafter?
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Yes. This requirement is under the rule that references annual trainings for all staff. |
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Oklahoma Department of Mental Health and Substance Abuse Services
1200 NE 13th Street
PO Box 53277
Oklahoma City, OK 73152-3277
405-522-3908 405-522-3851 TDD 405-522-3650 Fax
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