SUBCHAPTER 1. GENERAL PROVISIONS
450:19-1-1. Purpose
This chapter sets forth the rules, including the standards and criteria, used in the certification of certifying all domestic violence and sexual assault programs and shelters (43A O.S., § 3-314.1). [The rules regarding factors relating to the certification processes (including, but not necessarily limited to, applications, fees, requirements for, levels of, required scoring levels, and administrative sanctions), are found in OAC Title 450, Chapter 1, Subchapters 5, 9, and 11.]
450:19-1-2. Definitions
The following words or terms, when used in this chapter, shall have the following defined meaning, unless the context clearly indicates otherwise:
"Abuser" means Batterer as described in this Section.
"Administrative staff" means the personnel who are primarily responsible for management functions of the facility.
"Admission" means to accept a client for services or treatment. (See the definition of "Intake" in this section.)
"Admission screening" means an evaluation and needs assessment, necessary for the purpose of determining service needs and appropriateness of admission for services.
"Advocacy" means the act of pleading for or empowering a client.
"Batterer" means a person, (male or female), who perpetrates domestic violence, stalking or other harassment against (present or past) intimate partners, another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.
"Batterer's treatment" means treatment of batters batterers, or perpetrators or abusers which holds batterers accountable for their abusive behavior, provides consequences for engaging in violent or abusive behavior, provides monitoring of batterer’s behavior, and requires abusers/perpetrators to change their behavior and attitudes. This treatment is also protective of the victim(s). Teaching anger control or management does not meet is not synonymous with batterer's treatment.
"Case consultation" means review of a specific client client’s case by the primary service provider and other agency staff provider(s) and/or consultant providers, consultants or both.
"Case management" means the actions necessary to assure that a client is assisted by linkage in accessing available needed services. These actions include linkage with appropriate components of the service system; counseling aimed at maintaining community living skills, contact which may influence the client's relationship with the community, i.e., family members, law enforcement personnel, landlords, etc. Case management actions may take place in the client's home, in the community, or in the facility.
"Catchment area" (See definition of means "Service area" as defined in this section).
"Children's services" means curricula, children's groups and activities and referral for needed services in an effort to reduce stress, teach anger control, increase self-esteem and educate about domestic violence, and sexual assault or both.
"Client" means a person who requests and receives assistance or services of a domestic violence/sexual assault program.
"Client record" means a collection of written information which includes the intake and including assessment information, description of services provided, services plan, and other information on an individual client.
"Client" means a person who requests and receives assistance or services of a domestic violence/sexual assault agency and is admitted to facility services.
"Community" means the people, groups, agencies, or other facilities within the locality served by the facility program.
"Consultant" means one who provides professional advice or services upon request.
"Consultation" means the act of providing information and/or technical assistance to a particular group or individual seeking resolution of a specific issue(s). A documented a formal and structured process of interaction between staff member(s) or between agency staff and unrelated individuals, groups or agencies for the purpose of problem solving and/or or enhancing their capacity to serve clients, or manage programs or both.
"Contract" means a formal document adopted by the governing authority of the program agency and any other organization, agency, or individual, which specifies services, personnel, and/or or space to be provided to the program, as well as and the monies to be expended in exchange.
"Cooperative service agreement" means a written agreement between two or more service agencies or service agencies and individual service providers defining the roles and responsibilities of each party. The purpose of cooperative agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication.
"Counseling" means the advice or guidance given to an individual or group.
"Courtrelated evaluation" (See definition of means "EvaluationCourt related" as defined in this section).
"Crisis intervention" means an immediately available service to meet the psychological, physiological and/or or safety aspects of mental health, alcohol and drug, and or domestic violence or sexual assault related crises. These unscheduled interventions are in response to emergencies, and provide crisis resolution and stabilize conditions. May include triage, assessment/screening, planning, intervention, referral and documentation.
“Critical incident" means an occurrence which is not consistent with the routine care of a patient/client; the routine services provided by the facility; or the routine operation, or safety/security, of the facility. Such include (but are not limited to) accidents, unusual occurrences, or situations, which result (or could result) in either injury to persons or damage to property/equipment. Critical incidents may involve patients/clients, employees, visitors and other persons. or set of events inconsistent with the routine operation of the facility, or the routine care of a consumer. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, staff and visitors; medication errors; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals and/or or results.
"DVSAAC" means the Domestic Violence and Sexual Assault Advisory Committee [a statutory entity 43A O.S., § 3-312].
"DV/SA" means domestic violence and sexual assault.
"Documentation" means the provision of written, dated, and authenticated evidence to substantiate compliance with standards; e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, and announcements
"Domestic violence" means a pattern of assaultive and or coercive behaviors, (including physical, sexual and psychological attacks as well as and economic coercion), which adults, or juveniles, use against another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship their intimate partners.
"Drug abuse" means the use of a drug in a manner inconsistent with or unrelated to acceptable medical practice.
"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning mental health, substance abuse and/or or domestic violence/sexual assault related problems and services. A systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, and to examine attitude and/or or behaviors. May and stimulate social action and/or or community support of the program and its consumers.
"Emergency/crisis services" means a twenty-four (24) hour capability for assessment, intervention and resolution of a client crisis or emergency. These services that are provided in response to unanticipated, unscheduled emergencies requiring prompt intervention to resolve immediate, overwhelming problems that severely impair the individual's ability to survive or maintain in the community.
"Evaluation, court-related" means the process of conducting, upon request from the court system, a written evaluation establishing problem identification; clinical diagnosis or diagnostic impression; an assessment, testing and/or or scaling of the severity of each problem identified; and determination of appropriate sources of assistance.
"Evaluation program" means written assessment activities, performed internally or externally, of a program or a service and its staff, activities, and planning process to determine whether program goals are met, staff and activities are effective, and whether or not a program or service has any effect on the problem which it was created to address and/or or on the population which it was created to serve.
"Executive director" means the person hired by the governing authority to direct all the activities of the organization.
"Family" means the children, spouse, parents, brothers, sisters, other relatives, foster parents, guardians, and others who perform the roles and functions of family members in the lives of clients.
"Fee schedule" means the price list for services.
"Governing authority" means a group of persons having the legal authority, and final responsibility for the operations and functions of the entire DV/SA program agency (in and of all geographical locations and administrative divisions).
"Group counseling" means a method of resolving emotional, social and/or or relationship issues by using the interaction between a professional/paraprofessional professional or paraprofessional and two or more clients to offer emotional support or promote change.
"Guardian" means an individual who has been given the legal authority for managing the affairs of another individual.
“Host family” means an individual or family providing safe home services through a formal agreement with a Certified DV/SA Agency.
“ICIS” See “Integrated Client Information System.”
"Inappropriate conduct" means conduct by an individual, whose role may involve client contact, that exploits the client or is not conducive to the welfare of the public. The ethical responsibility of the individual concerning exploitation of the patient/client is not limited to the duration of treatment. May include but is not limited to:
(A) Utilizing information gained in the course of providing services to a client for the purpose of exploiting that client or the client's family.
(B) Violating client confidentiality.
(C) Willfully misrepresenting one's training or licensure.
(D) Knowingly initiating a sexual relationship with a person who is or has been a client of the individual practitioner's agency during the time that person is a client of that practitioner's agency, or after discharge of the client from the agency.
(E) Being unable to perform duties as a result of abusing alcohol or other drugs
(F) Willfully misleading the general public regarding the services offered, or the efficacy of specific therapeutic interventions.
(G) Defrauding a client or third party payor.
(H) Abuse of a client.
(I) Suspension or revocation of an individual's license to practice by the licensing body.
(J) The treatment, by a professional staff member, of private clients on the premises of facilities operated or funded, in whole or in part, by ODMHSAS, or during duty hours when the professional is being paid by a facility operated or funded, in whole or in part, by ODMHSAS.
(K) Violation of the practitioner's code of ethics.
(L) Directing a client with ability to pay into the counselor's private practice.
"Individual case record" means a written compilation of those events and processes that describe the services provided to the client.
"Individual counseling" means using onetoone interaction between a service provider and a client to promote positive emotional or psychological change.
"Initial contact" means a person's first contact with the agency or facility; usually requests for information or service by telephone or in person.
"Intake" means the written information about a client as a basis for assessment and/or or services, obtained by the facility program at time of admission.
“Integrated Client Information System” is a comprehensive management information system based on national standards for mental health and substance abuse databases. It is a repository of diverse data elements that provide information about organizational concepts, staffing patterns, consumer profiles, program or treatment focus, and many other topics of interest to clinicians, administrators and consumers. It includes unique identifiers for agencies, staff and consumers that provide the ability to monitor the course of consumer services throughout the statewide DMHSAS network. ICIS collects data from hospitals, community mental health centers, substance abuse agencies, domestic violence service providers, residential care facilities, prevention programs, and centers for the homeless which are operated or funded in part by DMHSAS.
"Job development/placement" means a program or service organized to assist individuals to identify, obtain and/or gain or maintain employment commensurate with their vocational, social, psychological and medical needs, and their abilities.
"Licensure" means the process by which an agency of government grants permission, official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation and/or or use a particular title.
"Life skills" means abilities and skills necessary to function independently in society.
"Medical care" means those diagnostic and treatment services which, under the laws of the jurisdiction in which the program is located, can only be provided and/or or supervised by a licensed physician.
"Medication" means any prescription or overthecounter drug, that is taken orally, injected, inserted, or topically or otherwise administered to patient/client as prescribed or directed.
"Mental health services" means a wide range of diagnostic, therapeutic, and rehabilitative services used in the treatment of treating mental illness or emotional disorders, including substance abuse.
"Monitoring and accountability" means it is the responsibility of the Department to assure that services are rendered in accordance with the rules, regulations and minimum standards as established in this document.
"Neglect" means a failure failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a resident/client client.
"Non-traditional services" means services to other than domestic violence and sexual assault victims and dependents or to homeless women and children who are at risk of becoming victims of violence, OR services other than the traditional range of domestic violence and sexual assault services from crisis intervention through advocacy and transitional living.
"Objectives" means a specific statement of planned accomplishments or results. They should be which are quantitative, qualitative, timelimited, and realistic.
"ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse Services.
"Operation" means that clients are receiving services provided by the program.
"Outreach" means the process of reaching into a community systematically for the purposes of identifying persons in need of services, alerting persons and their families to the availability of services, locating needed services, and enabling persons to enter and accept the service delivery system.