SECTION 450:21-3-2. Grounds for reprimand, suspension or revocation of certification, organizations and institutions and facilitators

(a)   Administrative sanctions may be taken against an institution or organizationcertified to conduct ADSAC for any of the following reasons:

(1)   Refusal to allow a facilitator candidate to observe an ADSAC course;

(2)   Allowing more than twenty-four (24) participants in any course;

(3)   Tardiness or failure to make reports or to transmit funds required by this Chapter;

(4)   Erroneous or falsified information relating to any documents submitted to ODMHSAS including the application for certification;

(5)   Conflict of interest by the institution or organization or its personnel;

(6)   Allowing a non-certified, non-approved, or intern facilitator to conduct an ADSAC without a certified ADSAC facilitator (ten (10) hour or twenty-four (24) hour, as required by the ADSAC course being given) present;

(7)   Failure to maintain all records required by ODMHSAS;

(8)   Using facilities not approved by ODMHSAS;

(9)   Knowingly permitting any facilitator to violate any rule of this Chapter, or any other relevant Chapter of these Administrative Rules;

(10)   Use of unapproved curriculum or instructional material not pre-approved by ODMHSAS;

(11)   Use of inappropriate materials/equipment or materials/equipment in poor repair;

(12)   Failure to provide at least two (2) complete ADSAC courses within twelve (12) months;

(13)   Failure to provide appropriately certified facilitators for courses;

(14)   Beginning a course prior to the scheduled time;

(15)   Failure to wait at least a full fifteen (15) minutes when zero (0) participants are present at the scheduled beginning time for a course;

(16)   Failure to provide the complete course for any participants arriving within fifteen (15) minutes of the scheduled start time;

(17)   Failure to provide ODMHSAS with a course schedule at least thirty (30) days in advance of presentation;

(18)   Failure to provide ODMHSAS course schedule changes at least seven (7) days in advance of presentation except when facilitator changes are due to illness or other emergency;

(19)   Failure to complete ODMHSAS requirements for adding course sites;

(20)   Failure to notify ODMHSAS of any facilitator violations of this Chapter, or of facilitator terminations due to violations of this Chapter;

(21)   Establishing the legal business residence of the institution or organization outside the State of Oklahoma;

(22)   Issuance of completion certificates to participants who fail to complete the full ten (10) hours of instruction or the full twenty-four (24) hours of instruction or who fail to meet any other course requirement;

(23)   Violation of, or failure to meet, any other applicable standard contained in this chapter;

(24)   Knowingly allowing an ADSAC facilitator to collect fees, issue receipts, issue completion certificates, conduct an assessment during a course, or solicit participants for assessments at a later date, during the course of an ADSAC; or

(25)   Any other just and verifiable cause including, but not limited to, unethical or illegal activities.

(b)   Administrative sanctions may be taken against a certified facilitator for any of the following reasons:

(1)   Erroneous or false information contained in the individual's application for certification;

(2)   A conviction of driving under the influence of alcohol or other intoxicating substances or receiving an alcohol or drug related revocation or suspension of driving privileges;

(3)   Conviction of any alcohol or other drug related misdemeanor or any felony conviction;

(4)   Any unlawful conduct on duty or in the presence of participants;

(5)   Any activity which is a conflict of interest;

(6)   Use or abuse of intoxicating beverages or other drugs while facilitating an ADSAC course;

(7)   Permitting a participant to attend a course while using or under the influence of any mood-altering substances, including alcohol;

(8)   Dismissal by a certified institution or organization for violation of state statutes, or of the standards and criteria in this Chapter;

(9)   Use of curriculum or instructional material not approved by ODMHSAS;

(10)   Willful failure, or refusal, to cooperate with an investigation by ODMHSAS, or employing ADSAC agency, into a potential or alleged violation of applicable rules in this Chapter;

(11)   Refusal to allow a facilitator candidate to observe an ADSAC course;

(12)   Issuance of completion certificate(s) to participant(s) who have not completed a full ten (10) hours of instruction, or who fail to complete the full twenty-four (24) hours of instruction, or failure to meet any other ADSAC requirement;

(13)   Violation of any applicable rule in this Chapter, or any other applicable chapter;

(14)   Falsification of any report, or document submitted, or prepared for submission, to ODMHSAS;

(15)   Collecting fees for; or issuing receipts for; or issuing completion certificates for; or conducting an assessment during; or soliciting participants for assessments at a later date during the process of an ADSAC course;

(16)   Any sexual language or actions with or toward a participant, presenting for enrollment or enrolled in an ADSAC course;

(17)   Failure to provide at least two (2) complete ADSAC courses appropriate to the level of certification within twelve (12) months; or

(18)   Any other just and verifiable cause including, but not limited to, unethical or illegal activities.

(c)   ADSAC facilitators shall report all violations and suspected violations of this Chapter by any individual to ODMHSAS staff assigned to the ADSAC division.

[Source: Added at 14 Ok Reg 688, eff 12-24-96 (emergency); Added at 14 Ok Reg 1967, eff 5-27-97; Amended at 15 Ok Reg 2750, eff 7-1-98; Amended at 16 Ok Reg 1599, eff 7-1-99; Amended at 18 Ok Reg 2203, eff 7-1-01; Amended at 19 Ok Reg 1432, eff 7-1-02; Amended at 20 Ok Reg 988, eff 7-1-03; Amended at 20 Ok Reg 2859, eff 8-4-03 (emergency); Amended at 21 Ok Reg 1748, eff 7-1-04; Amended at 25 Ok Reg 1376, eff 7-1-08]