Current through Vol. 42, No. 1, September 16, 2024
(a)
Applicability. Oklahoma
Administrative Code (OAC) 340:100-3-38.5 sets forth training requirements for
staff providing direct supports funded through an In-Home Supports Waiver
(IHSW) in the family's or service recipient's home. Staff providing employment
supports must complete training per OAC
340:100-3-38.2.
(b)
New employee training. No
later than 30-calendar days following the hire date, staff providing direct
supports or supervising at any level the delivery of direct supports must
complete the online or first available Developmental Disabilities Services
(DDS)-approved foundation training course and effective teaching course. The
supervisory staff training requirement does not apply to the service recipient
or representative who is self-directing services per OAC
317:40-9-1.
The person directing services per OAC
317:40-9-1
must complete the approved self-directed services training course. The first
available class is the first unfilled class held within 60 miles of staff's
work location following staff's hire date.
(c)
First aid and cardio-pulmonary
resuscitation (CPR). Direct support staff must be certified in an
approved course of first aid and CPR before providing services alone or with
other untrained staff.
(1) First aid and CPR
certification of staff must occur within 90-calendar days following the staff's
hire date.
(2) The service
recipient's Personal Support Team (Team) may determine, based on the service
recipient's needs, that staff must receive first aid and CPR certification in
less than 90-calendar days.
(d)
Medication administration
training. Staff must be certified in an approved medication
administration course per OAC
340:100-3-38.10
before administering medication to a service recipient or assisting with a
service recipient's medication support plan.
(e)
Individual-specific in-service
training. Individual-specific in-service training is identified for
direct support staff in the service recipient's Individual Plan (Plan).
(1) Training requirements are based on the
service recipient's identified needs through team discussion and review of
available assessment information.
(2) The service recipient's Team specifies
required completion time frames of individual-specific in-service training.
When time frames are not identified in the Plan, required individual-specific
in-service training must be completed before working with the service
recipient.
(3) As the service
recipient's needs require changes in supports or programs, the Team documents
in the Plan or in addenda to the Plan, any new or additional in-service
training required, with completion time frames .
(4) The Team identifies the person
responsible for providing individual-specific training and verifies staff has
knowledge and skills necessary to provide the identified services. Videos may
be used when approved by the Team.
(f)
Job-specific training. Staff
must complete:
(1) within 90-calendar days
after assignment date, Health course; and
(2) within six months after assignment date:
(A) Communication course; and
(B) Skill Building course.
(g)
Specialized
training. Additional specialized training courses may be required for
direct support staff working with service recipients who have significant
health, physical or behavior support issues.
(1) Staff supporting a service recipient with
a protective intervention protocol (PIP) that includes non-restrictive
intervention techniques must be trained on these techniques before
use.
(2) Completion of an approved
behavior support course is required for staff supporting a service recipient
with a PIP that:
(A) addresses challenging
behavior that places the service recipient's physical safety, environment,
relationships, or community participation at serious risk; and
(B) contains one or more of these procedures:
(i) physical guidance to overcome
resistance;
(ii) physical guidance
to move to safety; or
(iii)
physical hold to restrict movement.
(3) The approved behavior support course must
be completed before working alone or with other untrained staff, but no later
than 60 -calendar days after starting work with the service
recipient.
(4) Staff must complete
the approved physical management course before using any technique of physical
management identified in a PIP .
(A) All staff
must complete foundation training with the approved effective teaching course
and behavior support course.
(B)
Staff working with the service recipient implements the positive components of
the Plan, as well as non-intrusive procedures to assist the service recipient
during a crisis.
(C) The PIP must
be reviewed and approved by the Statewide Human Rights and Behavior Review
Committee.
(D) Training in physical
management procedures occurs only within the requirements per this
subsection.
(E) Only staff and
staff supervisors providing support to the service recipient are trained on use
of a physical management procedure.
(F) Staff formally trained to use physical
management procedures does not use those techniques with other service
recipients, except in emergencies per OAC
340:100-5-57.
(G) Training curricula regarding behavior
support are approved by the DDS human resource development director and
behavioral supports director.
(5) Training regarding physical management
procedures must be obtained from trainers approved by the DDS human resource
development director.
(6) Staff
must complete annual retraining on the physical management or physical
restraint procedures in the approved PIP.
(h)
Ongoing training. Direct
support staff employed by approved provider agencies that provide services
funded through an IHSW complete 12 hours of annual training.
(1) Annual training may come from:
(A) required re-certification classes in
first aid, CPR, and medication administration training;
(B) courses per OAC
340:100-3-38(b)(1);
(C) courses, conferences, or workshops
approved by the DDS human resource development director;
(D) individual-specific training;
or
(E) agency-specific
in-services.
(2) Direct
support staff may challenge or test out of required annual recertification when
an approved option is available. Training completion hours are granted equal to
the number of hours for the standard recertification class.
(i)
Certification of
competency. When the service recipient, if applicable, legal guardian,
or parent(s) of a minor service recipient determines the person chosen to
provide services demonstrated competency in providing care to the service
recipient, the service recipient, legal guardian, or parent(s) may exempt the
person from training requirements, per this Section, by signing Form 06IS037E,
In-Home Supports Waiver - Certificate of Competency.
(1) The exemption from training is intended
to allow a friend, neighbor, family member, or other person who has been
trained and deemed competent by the service recipient, or if applicable, legal
guardian or parent(s) of a minor service recipient to provide services.
(A) No person may coerce or in any way
influence a service recipient, legal guardian, or family member to sign Form
06IS037E.
(B) Violation of this
prohibition may result in sanctions per OAC
340:100-3-27.
(2) When a service recipient, if
applicable, legal guardian, or parent(s) of a minor service recipient chooses
to exempt staff from training, neither the Oklahoma Department of Human
Services (DHS) nor the employing contract agency is liable in the event of harm
attributable to lack of training, to the service recipient while in the care of
contract agency staff.
(3) When an
adult service recipient without a legal guardian chooses to exempt staff from
training, training requirements are not waived without written concurrence, on
Form 06IS038E, In-Home Supports Waiver - Family Member's Statement, from a
parent(s) or family member closest to the service recipient.
(4) The provider agency employing the staff
may require training not included in the exemption.
(5) All staff, regardless of signed Form
06IS037E, must successfully complete:
(A)
certification in first aid and CPR before working alone or with untrained
staff, but no later than 90 -calendar days after starting work with the service
recipient;
(B) an approved
medication administration course per OAC
340:100-3-38.10;
and
(C) individual-specific
in-service training per (e) of this Section.
(6) Form 06IS037E:
(A) is valid for no longer than one year from
the signature date; and
(B) may be
withdrawn at any time by the service recipient, if applicable, legal guardian,
or parent(s) of a minor service recipient by writing to the DDS case manager
and provider agency.
(7)
DHS may withdraw the exemption from training at any time.
(j)
Exceptions. Exceptions to
training requirements per this Section may be made by the DDS director or
designee.
Added at 19 Ok Reg
2948, eff 8-1-02 (emergency); Added at 20 Ok Reg 936, eff 6-1-03; Amended at 25
Ok Reg 986, eff 5-15-08; Amended at 26 Ok Reg 922, eff 5-15-09; Amended at 27
Ok Reg 838, eff 7-1-10; Amended at 28 Ok Reg 897, eff
6-1-11
