SECTION 340:100-6-88. Transfer by OKDHS

(a)   Oklahoma Department of Human Services (OKDHS) may initiate the transfer or discharge of a service recipient when:

(1)   the service recipient's health care needs are not being met according to a licensed medical authority;

(2)   the transfer or discharge is necessary for the physical safety of other residents as observed or documented in the records, including incident reports, case management records, or other documentation maintained by the group home provider; or

(3)   it is determined, in accordance with applicable OKDHS rules, that a service recipient's rights have been violated or the service recipient has been abused, neglected, or exploited.

(b)   The service recipient's wishes, in all situations, will be given careful consideration in determining whether the health and safety aspects involved outweigh the wishes of a service recipient being transferred or discharged.

[Source: Added at 12 Ok Reg 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at 24 Ok Reg 1046, eff 5-11-07]