Okla. Admin. Code § 450:15-3-14

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

Section 450:15-3-14 - Right to treatment

(a) Each consumer shall be provided with prompt, competent and appropriate individualized treatment that offers the consumer a realistic prospect of improvement. Consumers who have problems in multiple domains shall be provided with appropriately integrated attention to all of their needs within the context of the treatment program. Each consumer shall be afforded treatment by sufficient numbers of duly qualified facility personnel that meet applicable licensing or certification or accreditation standards and conform to applicable rules of ODMHSAS.

(b) Each consumer or his or her legal guardian shall have the opportunity to be involved in the consumer's treatment. An individual of the consumer's choice shall have the opportunity to be involved in the consumer's treatment with the consent of the consumer.

(c) Each consumer shall be free from unnecessary, inappropriate or excessive medication. Medications shall not be used for convenience of staff, to punish, or as a substitute for a treatment program.

(d) Each consumer shall have sufficient access during treatment to all prescribed and over-the-counter medications that allows for administration of the consumer's medications as prescribed or instructed by medical personnel and/or drug labels, with the exception that a physician within the treatment facility may provide consultation to the consumer regarding adverse reactions to the medication regimen and revise the medication regimen based on concerns regarding safety to the consumer. The consumer shall be informed of any changes made and such situations shall be documented in the consumer's record, including documentation of how the consumer was informed.

(e) If the consumer is involuntarily committed, consideration shall also be given to whether the conditions that resulted in the consumer's commitment still exist.

(f) Each consumer shall be informed of his or her proposed and ongoing treatment, including participation in his or her treatment plan and of the reasonable expectations and consequences of his or her following or not following the plan.

(g) Each consumer who has a co-occurring disorder shall receive services for those disorders. No program shall deny services to a consumer for any disorder solely because that consumer is displaying symptoms of, or receiving treatment for a co-occurring disorder of another type.

(h) Each consumer is entitled to receive a thorough treatment plan update to determine the value and appropriateness of the present care and treatment being received, and the necessity of continuing the consumer's care in the facility rather than in a less restrictive environment outside the facility.

(i) Each consumer shall be informed of said rights including the right of each consumer voluntarily admitted to refuse treatment and the qualified right of an involuntary consumer to refuse treatment, which shall be noted in the consumer's record.

(j) Each consumer shall be informed of the benefits, risks (including side effects, both long and short term) of medications prescribed.

(k) In the presence of a significant change in the consumer's condition which creates an emergency condition and danger to the consumer or to others, the attending physician may order necessary treatment for the consumer without obtaining informed consent. The circumstances constituting the emergency condition shall be documented in the consumer's record.

(l) Each consumer has the right to know why services are refused and the program shall provide a written explanation concerning the reason he or she was refused certain services.

(m) Each consumer shall not be subject to unnecessary, inappropriate or unsafe termination from treatment. Discharge shall not take place as punishment for displaying symptoms of the consumer's disorder.

Okla. Admin. Code § 450:15-3-14

Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023