Okla. Admin. Code § 450:1-9-5

Current through Vol. 42, No. 4, November 1, 2024

Section 450:1-9-5 - Qualifications for certification of facilities, programs and individuals

(a) Qualifications for certification of facilities and programs providing mental health, substance related, or addictive disorder treatment services are as follows:

(1) Substantial compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those Core Organizational Standards, Core Operational Standards and Quality Clinical Standards formally codified in Title 450 regulating the area for which certification is sought:

(A) Chapter 16, Standards and Criteria for Community Residential Mental Health Facilities;

(B) Chapter 17, Standards and Criteria for Community Mental Health Centers;

(C) Chapter 18, Standards and Criteria for Substance Related and Addictive Disorder Treatment Services;

(D) Chapter 23, Standards and Criteria for Community Based Structured Crisis Centers;

(E) Chapter 24, Standards and Criteria for Comprehensive Community Addiction Recovery Centers;

(F) Chapter 27, Standards and Criteria for Mental Illness Service Programs;

(G) Chapter 55, Standards and Criteria for Programs of Assertive Community Treatment;

(H) Chapter 60, Standards and Criteria for Certified Eating Disorder Treatment Programs;

(I) Chapter 65, Standards and Criteria for Gambling Treatment Programs; and

(J) Chapter 70, Standards and Criteria for Opioid Substitution Treatment Programs.

(2) Substantial compliance with applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards set forth in OAC 450:1-9-5.4, OAC 450:1-9-5.5 and OAC 450:1-9-5.6. Core Organizational Standards, Core Operational Standards and Quality Clinical Standards address separate requirements as follows:

(A) Core Organizational Standards address requirements necessary to assure the public and consumers of services that essential organizational functions are substantially in place at the facility and the facility is prepared to initiate services for which certification is being requested. These requirements can be verified prior to the initiation of services for which the organization is requesting certification.

(B) Core Operational Standards address other essential conditions and processes that must be in place to assure basic safety and protection of consumer rights. Some of these requirements can also be verified prior to the initiation of service. Others must be verified when an organization begins providing services.

(C) Quality Clinical Standards address actual services provided, qualifications of staff, clinical documentation, and processes designed to assure consistency in quality and efficacy of services. These requirements can only be verified after a reasonable time during which services have been provided.

(3) Substantial compliance with applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards will be evaluated by assessing each program or facility's level of compliance with applicable standards. Standards will have separate minimum compliance thresholds based on their categorization as critical or necessary in accordance with 450:1-9-5.7. Critical and Necessary Standards are defined as follows:

(A) Critical Standards are standards that have the potential to significantly impact the safety, well-being, and/or rights of consumers, or consumers' access to appropriate services.

(B) Necessary Standards are standards that are important for the organization's overall functioning but generally do not have a significant, immediate impact on consumers.

(4) Compliance with all applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards will be evaluated in the manner and methods prescribed by ODMHSAS. Compliance methods include, but are not limited to, on-site inspections and observation, staff interviews, and review of relevant records and documentation as determined by ODMHSAS. The determination of whether an individual standard is deemed compliant may be done on a pass/fail basis or as a minimum percentage of required elements. Failure to provide documentation or access requested by ODMHSAS will be grounds for disciplinary action. Failure to demonstrate substantial compliance with applicable standards will result in immediate suspension and/or revocation.

(5) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure, other licenses, or permits required of organizational entities.

(b) A certified Community Mental Health Center that provides alcohol and drug treatment services in the course of its outpatient or inpatient services, but has no designated or specialized alcohol and drug abuse treatment program component, shall not be subject to additional certification under Chapter 18 of this Title.

(c) A certified Community Mental Health Center providing alcohol and drug abuse treatment services as a designated or specialized program component shall be subject to certification under Chapter 18 or Chapter 24 of this Title.

(d) Qualifications for certification of entities and individuals providing alcohol and drug course instruction or assessments are as follows:

(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450, Chapter 21, Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments.

(2) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure and other licenses or permits.

(e) Qualifications for certification of individual providers of mental health, substance use, or addictive disorder services are as follows:

(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450 regulating the area for which certification is sought:

(A) Chapter 50, Standards and Criteria for Certified Behavioral Health Case Managers;

(B) Chapter 53, Standards and Criteria for Certified Peer Recovery Support Specialists; and

(C) Chapter 75, Standards and Criteria for Certified Problem Gambling Treatment Counselors.

Okla. Admin. Code § 450:1-9-5

Added at 11 Ok Reg 3335, eff 7-5-94 ; Amended at 13 Ok Reg 2209, eff 7-1-96 ; Amended at 14 Ok Reg 1906, eff 5-27-97 ; Amended at 15 Ok Reg 2741, eff 7-1-98 ; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency); Amended at 18 Ok Reg 2649, eff 7-1-01 ; Amended at 19 Ok Reg 1346, eff 7-1-02 ; Amended at 20 Ok Reg 2100, eff 7-1-03 ; Amended at 23 Ok Reg 1941, eff 7-1-06 ; Amended at 24 Ok Reg 2554, eff 7-12-07 ; Amended at 26 Ok Reg 2670, eff 7-25-09 ; Amended at 27 Ok Reg 2200, eff 7-11-10 ; Amended at 30 Ok Reg 1396, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022