Okla. Admin. Code § 340:100-3-34

Current through Vol. 42, No. 7, December 16, 2024
Section 340:100-3-34 - [Effective 9/14/2025] Incident reporting
(a)Reporting requirement. Contract provider staff and Developmental Disabilities Services (DDS) staff must report critical and non-critical incidents involving the health and welfare of any person receiving DDS services, excluding Family Support Assistance Payment Program recipients per Oklahoma Administrative Code (OAC) 340:100-13.
(b)Critical incidents. Critical incidents include:
(1) suspected maltreatment including abuse, verbal abuse, sexual abuse, neglect, financial neglect, exploitation, or sexual exploitation of a vulnerable adult per Section 10-103 of Title 43A of the Oklahoma Statutes (43A O.S. § 10-103) or abuse, neglect, sexual abuse, or sexual exploitation of children per 10A O.S. § 1-1-105;
(2) threatened or attempted suicide by a service recipient;
(3) death of a service recipient;
(4) an unplanned hospital admission of a service recipient;
(5) a medication event resulting in emergency medical treatment for a service recipient;
(6) law enforcement involvement in a situation concerning a service recipient;
(7) property loss of more than $500 involving a service recipient;
(8) a service recipient who is missing; and
(9) a highly restrictive procedure used on a service recipient , such as:
(A) p.r.n. medication for behavioral control; or
(B) physical hold.
(c)Non-critical incidents. Non-critical incidents include:
(1) an injury or an unplanned health-related event involving a service recipient;
(2) physical aggression by a service recipient;
(3) fire setting by a service recipient;
(4) deliberate harm to an animal by a service recipient;
(5) property loss of less than $500 involving a service recipient;
(6) a vehicle accident involving a service recipient;
(7) the suspension, termination, or removal of a service recipient's program, including employment; and
(8) a medication event involving a service recipient, including:
(A) a dose at the wrong time;
(B) a missed dose;
(C) a wrong dose;
(D) the wrong medicine;
(E) the wrong route;
(F) an incorrect medicine label or instructions;
(G) a medication refused by the service recipient;
(H) incorrect medication documentation; or
(I) any other significant occurrence involving medication.
(d)Incident notification requirements.
(1) For Waiver funded service recipients, contract provider staff:
(A) report incidents electronically via the DDS Provider Reporting System for all critical and non-critical incidents;
(B) program coordination staff:
(i) review and submit reports of all critical incidents per OAC 340:100-3-34(b) within one business day of the incident; and
(ii) review and submit reports of all non-critical incidents per OAC 340:100-3-34(c) within three business days of the occurrence.
(C) notify the service recipient's family or guardian, in accordance with provider policies;
(D) notify other persons or entities as required by law or regulation, including:
(i) when a service recipient dies per OAC 340:100-3-35; and
(ii) investigative authorities immediately in cases of suspected maltreatment, including:
(I) Office of Client Advocacy per OAC 340:2-3-33;
(II) Adult Protective Services per 43A O.S. § 10-104; or
(III) Child Protective Services per 10A O.S. § 1-1-105.
(2) For critical incidents involving state funded service recipients, contract provider staff submits Form 06MP046E, Incident Report, to DDS State Office within one business day of the incident. For non-critical incidents, contract provider staff maintains a copy of Form 06MP046E per OAC 340:100-3-40.

Okla. Admin. Code § 340:100-3-34

Amended at 8 Ok Reg 2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended at 17 Ok Reg 550, eff 11-24-99 (emergency); Amended at 17 Ok Reg 1314, eff 5-11-00; Amended at 24 Ok Reg 1046, eff 5-11-07; Amended at 29 Ok Reg 822, eff 7-1-12
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015
Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/8/2024, exp. 9/14/2025 (Emergency)