Okla. Admin. Code § 450:1-9-5.5

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

Section 450:1-9-5.5 - Core operational standards for facilities and programs

(a)Physical facility environment and safety.

(1) All facilities shall have written policies and procedures to ensure the safety and protection of all persons within the facility's physical environment, including all leased or owned property and buildings.

(2) All facilities shall be in compliance with applicable fire and safety regulations, codes, and statutory requirements of the federal, state, and local government. This shall include, but not be limited to, the Universal Precautions for Transmission of Infectious Diseases from the Occupations Safety Health Administration (OSHA).

(3) All facilities shall have an annual fire and safety inspection from the State Fire Marshal or local fire department which documents approval for continued occupancy. All facilities shall keep a copy of the inspection documentation and any correspondence regarding any deficiency at the facility.

(4) All facilities shall have an emergency preparedness plan to meet the needs of consumers, visitors, and staff during a disaster. The emergency preparedness plan shall be evaluated annually and shall, at a minimum, address:

(A) Fires;

(B) Floods;

(C) Tornadoes;

(D) Explosions;

(E) Chemical spills; and

(F) Prolonged loss of heat, light, water, and air conditioning.

(5) All facilities shall have a designated Safety Officer.

(6) There shall be written plans and diagrams posted prominently noting emergency evacuation routes and shelter locations.

(7) All facilities shall have fire alarm systems. All alarms shall be in working order and have visual signals suitable for individuals with a hearing impairment.

(8) There shall be emergency power to supply lighting throughout each location where consumers receive services.

(9) Storage of dangerous substances (toxic or flammable substances) shall be in locked, safe areas or cabinets.

(10) There shall be a written plan for the protection and preservation of consumer records in the event of a disaster.

(11) If the facility serves children or adolescents in any form of residential care, there shall be outside play and recreational space and equipment provided which:

(A) Is protected and free from hazards;

(B) Is safely accessible from indoors;

(C) Has supplies and equipment maintained safely; and

(D) Has some shade provided.

(b)Hygiene and sanitation.

(1) Residential facilities shall provide the following services and applicable supporting documentation:

(A) Toilet facilities in a minimum ratio of one (1) per eight (8) resident beds. Each toilet facility shall include a sink in the same room or immediately adjacent thereto;

(B) Bathing facilities in a minimum ratio of one (1) tub or shower per each eight (8) resident beds;

(C) Sewage discharge into a municipal sewerage system or collected, treated, and disposed of in an independent sewerage system;

(D) Regular inspections and treatment by a licensed pest control operator;

(E) Solid waste disposal through public systems or in a manner approved by the local agency having jurisdiction and the OSDH or Department of Environmental Quality (DEQ), as necessary, with documentation from OSDH or DEQ that the solid waste disposal system is free from deficiencies if applicable;

(F) Water obtained from an approved public water supply or tested at least quarterly and treated as necessary, thereby maintaining a determination as an approved water supply by the authority having jurisdiction and the OSDH or DEQ, as necessary, with documentation from OSDH or DEQ that the solid waste disposal system is free from deficiencies if applicable;

(G) Linen in quantities adequate to provide at least two (2) changes of bedding each week; and

(H) Housekeeping services that provide a hygienic environment in the facility.

(2) Outpatient treatment facilities shall provide:

(A) Toilet facilities in a minimum ratio of one (1) per twenty (20) persons. Each toilet facility shall include a sink in the same room or immediately adjacent thereto;

(B) Water and sewerage in the same manner as prescribed for residential facilities; and

(C) Housekeeping services that provide a hygienic environment in the facility.

(c)Tobacco-free campus.

(1) With the exception of facilities certified under Chapter 16 of this Title, all facilities shall provide a tobacco-free campus for its employees, consumers and visitors. Possession and use of any tobacco product is prohibited on the grounds of the facility by employees, consumers, volunteers and visitors.

(2) All facilities shall visibly post signs on the property notifying consumers, employees and visitors that the visible possession and use of tobacco products is prohibited.

(3) Facility employees shall not share tobacco or tobacco replacement products with consumers.

(4) The facility shall offer assistance to employees who are tobacco users while employed by the facility. The facility shall have written policies describing the types of assistance offered to employees.

(5) The facility shall inquire about consumers' tobacco use status as part of the screening and treatment planning process and be prepared to offer treatment upon request of the consumer.

(d)Technology. With the exception of facilities certified under Chapter 16 of this Title, all facilities and programs shall have policies and procedures regarding the use of technology and systems to support and advance effective and efficient service and business practices. The plan shall include, but not be limited to:

(1) Hardware and software;

(2) Security;

(3) Confidentiality;

(4) Backup policies;

(5) Assistive technology;

(6) Disaster recovery preparedness; and

(7) Virus protection.

(e)Confidentiality and information security.

(1) All facilities and programs shall have written policies and procedures describing the conditions under which consumer information may be disclosed and the procedures for releasing such information. These conditions and procedures shall adhere to all applicable federal and state rules and statutes, including:

(A) 42 C.F.R., Part 2 and 45 C.F.R. §§ 160.101 et seq.;

(B) 43A O.S. § 1-109 and 63 O.S. § 1-502.2; and

(C) OAC 450:15-3-20.1, OAC 450:15-3-20.2 and OAC 450:15-3-60.

(2) It shall be the responsibility of facility or program to safeguard client information against loss, theft, defacement, tampering, or use by unauthorized persons.

Okla. Admin. Code § 450:1-9-5.5

Adopted 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