Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 450. Department of Mental Health and Substance Abuse Services |
Chapter 15. Consumer Rights |
Subchapter 7. Office of Consumer Advocacy And Department Investigations |
Part 1. OFFICE OF CONSUMER ADVOCACY |
SECTION 450:15-7-4. Office of Consumer Advocacy powers and duties
Latest version.
- The Advocate General shall assign an Advocate to monitor the care and treatment of individuals receiving services at each facility operated by, certified by or under contract with the ODMHSAS; and to carry out the purpose and duties of the Office of Consumer Advocacy. The Office of Consumer Advocacy shall have the following powers and duties:(1) To serve as an advocate for consumers and to ensure the highest quality of care to all consumers at facilities operated by, subject to certification by, or under contract with the Department.(2) If a consumer needs legal counsel, the Advocate shall advise the consumer of his or her right to seek counsel and refer the individual to counsel, if necessary.(3) To monitor his or her assigned facilities to ensure the facilities have made adequate provisions for the medical care, supervision and safekeeping of all DMHSAS consumers, and to provide a monthly status report, either verbally or in writing, to the facility's executive director regarding these issues.(4) To access facilities operated by, subject to certification by or under contract with the Department. Reasonable access shall be granted for the purposes ofperforming activities as necessary to monitor care and treatment provided by such facilities. These visits may be unannounced and or unscheduled as determined by the Department. Reasonable access shall include, but is not limited to, observations, discussions, and face to face meetings with staff and consumers, copies of policies and procedures related to grievances, complaints, consumer care, access to services and safety; and forms and documentation related to Critical Incidents and Sentinel Events.(5) To access and copy necessary records of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department. Records that are confidential under state and federal law shall be maintained as confidential and not be re-disclosed by the Office of Consumer Advocacy.(6) To be proactive in the enforcement of the provisions of the Mental Health and Substance Abuse Consumer Bill of Rights,(7) To timely report any issue(s) of which the Office of Consumer Advocacy becomes aware that may adversely affect consumer care through the proper chain of command, beginning at the lowest level, in order to timely resolve such issue(s).(8) To assist consumers in filing grievances,(9) To assist in transitioning consumers who are committed to the Oklahoma Forensic Center pursuant to 22 O.S. §§1175.1 et seq. to appropriate alternative placements in accordance with 22 O.S. §§1175.1 et seq.(10) To file habeas corpus or writ of mandamus actions on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, and appear on their behalf in civil commitment and criminal post-commitment proceedings, and appear on behalf of Department consumers in proceedings for writs of habeas corpus or mandamus.(11) To monitor and review grievance procedures in facilities operated by, subject to certification by or under contract with the Department.(12) To assist consumers in filing grievances and to review and take appropriate action to resolve unresolved grievances and allegations of improper treatment of individuals receiving services from facilities operated by the Department.(13) To be proactive and assist in the overall improvement of behavioral system and service delivery related to consumers.(14) To coordinate and communicate with local facility advocates on a regular basis regarding consumer rights, advocacy activities, and quality of care issues.(15) An advocate or designee by the Advocate General shall visit each facility that is operated by, subject to certification by or under contract with the Department at least one (1) time per fiscal year to ensure the facility has made adequate provisions for the medical care, supervision and safekeeping of all ODMHSAS consumers, and to provide a status report, either verbally or in writing, to the facility's executive director regarding the findings of such visit.(16) To perform other duties as assigned by the Board or Commissioner.
[Source: Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11; Amended at 29 Ok Reg 493, eff 7-1-12; Amended at 30 Ok Reg 1404, eff 7-1-13]