SECTION 450:15-7-9. Investigation procedures

(a)   The Department shall conduct a prompt investigation of the maltreatment allegation and shall be subject to the ODMHSAS Investigations policy. The investigator shall contact the applicable facility executive director, or designee, to arrange for document production, site visits and interviews.

(b)   The Department shall have the authority to access facilities operated by, subject to certification by or under contract with the Department. Reasonable access shall be granted for the purposes of conducting investigations of maltreatment of a consumer , contract enforcement issues, or certification issues. These investigations may be unannounced and or unscheduled as determined by the Department.

(c)   The applicable facility executive director, or designee, shall arrange for the investigator to have immediate and direct access to the alleged victim(s) in the report who is still a consumer of the facility. During an investigation, the facility shall provide the investigator access, and copies of all documents requested, related to all employees, consumers or clients, facilities, files and records of any nature that may pertain to the investigation. Denial of access may be grounds for termination of a contract between ODMHSAS and a contractor or revocation, non-renewal or suspension of certification or both.

(d)   Interference includes, but is not limited to:

(1)   Intimidating, harassing or threatening a party to the investigation;

(2)   Retaliation against a consumer or employee for reporting an allegations; or

(3)   Denial of investigator access to clients, employees, facilities, witnesses, records or other relevant information as requested by the investigator.

[Source: Added at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 22 Ok Reg 2105, eff 7-1-05; Amended at 26 Ok Reg 2671, eff 7-25-09; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11; Amended at 30 Ok Reg 1404, eff 7-1-13]