SECTION 450:21-3-1.1. Fitness of applicants  


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  • (a)   The purpose of this section is to establish the fitness of the applicant as one of the criteria for approval of certification as a certified ADSAC facilitator and to set forth the criteria by which the Commissioner or designee may determine the fitness of applicants.
    (b)   The substantiation of the items below related to the applicant may result in the initiation of suspension or revocation of certification, or denial of, or delay of certification of the applicant. These items include, but are not limited to:
    (1)   Evidence of the lack of necessary skill and abilities to provide adequate services;
    (2)   Misrepresentation on the application or any other materials submitted to the ODMHSAS;
    (3)   A violation of the rules of professional conduct set forth in this Chapter.
    (4)   Evaluations of supervisors, employers or instructors;
    (5)   Allegations from other governmental entities;
    (6)   Findings resulting from investigations prompted by allegations of participants, peers or the public;
    (7)   Transcripts or other findings from official court, hearing or investigative procedures;
    (8)   Any convictions for alcohol and other drug related offenses, violent offenses, or moral turpitude within the last ten (10) years;
    (9)   Any unpardoned felony convictions within five (5) years; or
    (10)   The revocation, suspension, reprimand or any other administrative action ordered by another certifying or licensing body may result in the denial, revocation or suspension of facilitator certification by ODMHSAS.
    (c)   ODMHSAS may require explanation of negative references prior to issuance of certification.
    (d)   Those certified to conduct ADSAC courses by ODMHSAS shall not perform such courses when the ability to perform such services are impaired for any reason. Facilitators shall seek assistance for any problems that impair the ability to perform required services, and, if necessary, limit, suspend or terminate the delivery of ADSAC courses.
    (e)   A field examination submitted through questionnaires answered by persons competent to evaluate a facilitator's professional competence which may include the submission of such documentary evidence relating to a facilitator's experience and competence as required by ODMHSAS may be required.
    (f)   If in the course of an investigation, ODMHSAS determines that a facilitator has engaged in conduct of a nature that is detrimental to the health, safety, or welfare of the public, and which conduct necessitates immediate action to prevent further harm, the Commissioner, or designee may order a summary suspension of the facilitator's certification to conduct ADSAC courses.
    (g)   ODMHSAS may require remedial interventions to address any problems or deficiencies identified from this section as a requirement for retaining active certification.
[Source: Added at 23 Ok Reg 1953, eff 7-1-06; Amended at 25 Ok Reg 1376, eff 7-1-08]