Current through Vol. 42, No. 1, September 16, 2024
(a)
Reporting
requirement. Contract provider staff and Developmental Disabilities
Services (DDS) staff must report critical and non-critical incidents involving
the health and welfare of any person receiving DDS services, excluding Family
Support Assistance Payment Program recipients per Oklahoma Administrative Code
(OAC) 340:100-13.
(b)
Critical incidents. Critical incidents include:
(1) suspected maltreatment including abuse,
verbal abuse, sexual abuse, neglect, financial neglect, exploitation, or sexual
exploitation of a vulnerable adult per Section 10-103 of Title 43A of the
Oklahoma Statutes (43A O.S. § 10-103) or abuse, neglect, sexual abuse, or
sexual exploitation of children per 10A O.S. § 1-1-105;
(2) threatened or attempted suicide by a
service recipient;
(3) death of a
service recipient;
(4) an unplanned
hospital admission of a service recipient;
(5) a medication event resulting in emergency
medical treatment for a service recipient;
(6) law enforcement involvement in a
situation concerning a service recipient;
(7) property loss of more than $500 involving
a service recipient;
(8) a service
recipient who is missing; and
(9) a
highly restrictive procedure used on a service recipient , such as:
(A) p.r.n. medication for behavioral control;
or
(B) physical hold.
(c)
Non-critical
incidents. Non-critical incidents include:
(1) an injury or an unplanned health-related
event involving a service recipient;
(2) physical aggression by a service
recipient;
(3) fire setting by a
service recipient;
(4) deliberate
harm to an animal by a service recipient;
(5) property loss of less than $500 involving
a service recipient;
(6) a vehicle
accident involving a service recipient;
(7) the suspension, termination, or removal
of a service recipient's program, including employment; and
(8) a medication event involving a service
recipient, including:
(A) a dose at the wrong
time;
(B) a missed dose;
(C) a wrong dose;
(D) the wrong medicine;
(E) the wrong route;
(F) an incorrect medicine label or
instructions;
(G) a medication
refused by the service recipient;
(H) incorrect medication documentation;
or
(I) any other significant
occurrence involving medication.
(d)
Incident notification
requirements.
(1) For Waiver funded
service recipients, contract provider staff:
(A) report incidents electronically via the
DDS Provider Reporting System for all critical and non-critical
incidents;
(B) program coordination
staff:
(i) review and submit reports of all
critical incidents per OAC 340:100-3-34(b) within one business day of the
incident; and
(ii) review and
submit reports of all non-critical incidents per OAC 340:100-3-34(c) within
three business days of the occurrence.
(C) notify the service recipient's family or
guardian, in accordance with provider policies;
(D) notify other persons or entities as
required by law or regulation, including:
(i)
when a service recipient dies per OAC
340:100-3-35;
and
(ii) investigative authorities
immediately in cases of suspected maltreatment, including:
(I) Office of Client Advocacy per OAC
340:2-3-33;
(II) Adult Protective Services per 43A O.S.
§ 10-104; or
(III) Child
Protective Services per 10A O.S. § 1-1-105.
(2) For critical
incidents involving state funded service recipients, contract provider staff
submits Form 06MP046E, Incident Report, to DDS State Office within one business
day of the incident. For non-critical incidents, contract provider staff
maintains a copy of Form 06MP046E per OAC
340:100-3-40.
Amended at 8 Ok Reg
2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended
at 17 Ok Reg 550, eff 11-24-99 (emergency); Amended at 17 Ok Reg 1314, eff
5-11-00; Amended at 24 Ok Reg 1046, eff 5-11-07; Amended at 29 Ok Reg 822, eff
7-1-12