Okla. Admin. Code § 340:100-3-38

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

Section 340:100-3-38 - Training requirements for community staff

(a)Application. Oklahoma Administrative Code (OAC) 340:100-3-38 sets forth training requirements for Developmental Disabilities Services (DDS) staff, specialized foster care (SFC) providers, and agencies contracting for delivery of residential supports, per OAC 340:100-5-22.1, habilitation training services, group home services, assisted living services, employment services, or in-home supports through DDS state funds or a Home and Community-Based Services Waiver, per OAC 317:40-1-1. DDS staff, provider agency staff, and SFC providers complete a course of instruction specific to applicable job duties in accordance with:

(1) residential supports and group home services per OAC 340:100-3-38.1;

(2) employment services per OAC 340:100-3-38.2, excluding job coaching services through contracts with industry, per OAC 317:40-7-18. The job coach, per OAC 317:40-7-18, completes contracts with industry job coach curriculum, approved by the DDS director or designee, within 30 days of assignment as job coach;

(3) supports in the family's or service recipient's home through Community Waiver or Homeward Bound Waiver, other than residential supports, per OAC 340:100-3-38.3;

(4) SFC per OAC 340:100-3-38.4;

(5) supports in the family's or service recipient's home through an In-Home Supports Waiver per OAC 340:1003-38.5;

(6) DDS case management services per OAC 340:100-3-38.6;

(7) program coordination services per OAC 340:100-3-38.7;

(8) employment program manager services per OAC 340:100-3-38.8;

(9) DDS or provider agency supervisory or management support per OAC 340:100-3-38.9;

(10) respite, homemaker, or homemaker respite services per OAC 340:100-3-38.12; and

(11) supports in alternative group homes per OAC 340:100-3-38.13.

(b)Training curricula.

(1) To fulfill the training requirements of OAC 340:100-3-38, any training course or curriculum must be approved by the DDS director or designee unless the course is:

(A) designed and offered by a professional training or education organization to enhance the management skills of supervisors; or

(B) offered by a regional, state, or national professional organization, such as:

(i) The Association for Persons with Severe Handicaps (TASH);

(ii) The Council on Quality and Leadership (CQL); or

(iii) the American Association on Intellectual and Developmental Disabilities (AAIDD).

(2) In-services to staff and meetings pertaining to agency policies and practices are not subject to approval by the DDS director or designee.

(3) Trainers of approved courses must be licensed, certified, or otherwise qualified based on requirements of the course or by approval of the DDS director or designee.

(4) Competency-based courses require a specified level of proficiency to receive credit for satisfactory completion. Competencies are based upon specific identified outcomes. The trainer of each course communicates the required level of proficiency to participants at the beginning of each course.

(5) Each curriculum developed or sponsored by DDS is reviewed at least every two years to ensure the curriculum is:

(A) reflective of current best practice;

(B) aligned with Oklahoma Human Services (OKDHS) rules; and

(C) reflective of changes in the service delivery system.

(c)Classroom expectations. DDS training staff and contract training staff are authorized to dismiss a participant or observer from a class for the reasons in (1) through (5) of this subsection.

(1) Dismissal from a training class may occur for:

(A) sleeping in class;

(B) disruptive behavior, such as:

(i) inappropriate comments during class that are considered rude, insensitive, or derogatory;

(ii) whispering or talking to other participants during class;

(iii) conducting activities unrelated to the class topic;

(iv) being called out of class frequently; or

(v) leaving class frequently other than at designated break times;

(C) tardiness or absence.

(i) Tardiness, such as:

(I) arriving at class more than 30 minutes after class begins on the first day;

(II) arriving at class more than 15 minutes after class begins on subsequent days; or

(III) missing a total of more than 30 minutes of any day's presentation.

(ii) Participants may be granted no more than 30 minutes the first day of class to allow for difficulty in locating the building or parking, except in courses that require a specific number of training hours to meet certification requirements;

(D) incomplete preparation. Dismissal from class occurs for any participant who has not completed required prerequisite courses, tasks, or preparatory materials prior to attending; and

(E) violating confidentiality requirements, per OAC 340:100-3-2 and other applicable rules.

(2) If dismissal from class occurs, the trainer notifies the participant's agency and trainer's supervisor as soon as possible and maintains a brief written summary of the incident.

(A) Dismissed participants do not receive credit for the class and are required to re-enroll and satisfactorily complete the entire course or module to receive credit.

(B) The trainer must give approval before re-enrollment is allowed. Appeal of the trainer's decision is made to the DDS director or designee.

(3) No children, friends, or family members of participants may attend class unless enrolled as participants.

(4) Service recipients family members, advocates, DDS staff, and provider agency staff may observe training classes unless they engage in activities disruptive to the class. Service recipients who wish to participate in training and who need staff support must be accompanied by a staff not enrolled in the training.

(5) When other persons attend class in place of enrolled participants, or in addition to enrolled participants, they are allowed to remain, if the trainer determines there are adequate materials and space.

(d)Online Training Expectations. Online training courses may be used as an alternative to classroom instruction.

(1) Online courses must be approved by the DDS director or designee.

(2) Provider agencies participating in online training have responsibility for preventing misuse of online training.

(3) Provider agencies participating in online training develop protocols governing use of online training. The protocols include, but are not limited to the following:

(A) supervision of employees completing online training;

(B) provision of technical assistance to learners;

(C) mentoring and assisting learners; and

(D) completion of on-the-job components of the courses including maintaining documentation of completion.

(4) DDS and provider agency staff sign Form 06MP050E, Notice of Responsibilities Regarding Online Training, prior to taking online courses that have been approved to meet the training requirements per OAC 340:100-3-38.

(e)Virtual Training Expectations. Virtual training may be used as an alternative to both classroom and online training as referenced in this Section. Virtual training is an instructor-led, interactive, online learning experience with participants who are connected from geographically dispersed locations. This does not include telehealth services, webinars, webcasts, virtual meetings, or other similar platforms. Participants are expected to actively participate and engage with the trainer and the group during group discussions and activities. Refer to (c)(1) of this Section regarding reasons for dismissal from virtual training. During virtual training participants:

(1) have their camera on at all times. All participants are visible and have adequate audio capability to both hear and be heard. When participants need to turn off the camera and leave the training momentarily, participants notify the instructor(s) using the chat function;

(2) check Internet capabilities prior to the training to allow for relocation if needed;

(3) ensure their dress, appearance, and behavior are appropriate for the circumstances;

(4) are in an environment as free from distractions as possible. This includes but is not limited to minimizing:

(A) external noise;

(B) the presence of people who are not registered participants; and

(C) use of electronic devices unless being used to participate in the class;

(5) may not participate while driving;

(6) may use a library, community parking lot, or a government building as needed for adequate Internet reception. In an area with external noise, headphones or ear buds are used to block out external noise, and the distractions in (e)(5) of this Section are minimized as much as possible;

(7) ensure that identifying client information is not visible or discussed; and

(8) are not working or responsible for other duties during training.

(f)Course availability. The DDS training unit and contract trainers work to ensure the availability of all courses by taking into account:

(1) location;

(2) time of day; and

(3) day of the week.

(g)Class closings due to inclement weather.

(1) For a live training, if the public schools in the town where the class is held are closed or OKDHS has closed the local offices due to bad weather, class is canceled and the DDS trainer notifies affected provider agencies.

The provider agency is responsible to enroll the staff in the next available class.

(2) If provider agency staff plans to attend an out-of-town class, but the schools are closed at the staff's work location, the agency may determine that it is not safe for staff to travel.

(A) The agency is responsible for contacting the DDS training unit the next work day to notify the training provider of this decision.

(B) The DDS training unit enrolls the staff in the next available class, and the staff is not penalized for not attending.

(C) The email confirming re-enrollment serves as notification of the next available class.

(3) If a provider agency or staff is uncertain about weather conditions or cancellations, they must contact the DDS training unit.

(h)Quality assurance. To ensure consistency with state laws and regulations and current best practices, training provided by DDS staff, service providers, or contract agents, and other classes required by DDS are observed and monitored on a regular basis.

(1) The components of the monitoring system are listed in (A) through (E).

(A) The DDS director or designee attends and monitors training classes on a random basis throughout the calendar year.

(B) Contract training coordinators observe each trainer directly under their supervision at least twice a calendar year.

(i) At least one review must include foundation training, if applicable.

(ii) Each review is at least one-half training day, which is three hours in length.

(iii) The reviews:

(I) cover the range of primary training topics each trainer offers;

(II) are conducted in both metropolitan and rural areas of Oklahoma, when applicable; and

(III) include announced and unannounced observations.

(iv) The DDS training program manager or contract training coordinator reviews the training classes as a participant rather than as an observer, when possible.

(v) Direct feedback is given to the trainer following the class in both written and verbal form.

(vi) A copy of the written review is sent to the DDS director or designee.

(vii) If significant areas of concern are noted, the contract training coordinator and trainer develop a specific plan of correction that may include retraining, increased supervision of classes, or co-training. A copy of the plan of correction is sent to the DDS director or designee.

(viii) The DDS director or designee or contract training coordinator may request an unannounced review by another supervisor, coordinator, or trainer.

(ix) Exceptional performance is noted in writing with a copy to:

(I) the trainer's personnel file; and

(II) DDS director or designee.

(C) Provider agencies notify DDS area training staff at least the day before the class of the location and time when offering in-house training courses to meet requirements per OAC 340:100-338. DDS may provide unannounced monitoring at any time.

(D) To ensure contract trainers support the DDS mission, values, and philosophies, as well as demonstrate mastery of the subject matter and good training skills, the DDS director or designee assigns each DDS trainer to monitor a contract trainer as needed.

(i) Each DDS trainer:

(I) is assigned to monitor contract trainers based upon the DDS trainer's areas of expertise and interest;

(II) reviews each assigned contract trainer at least one time per calendar year for a minimum of one-half training day, which is three hours. The review is unannounced; and

(III) provides written and oral feedback to the contract trainer following the class.

(ii) A copy of the written report is provided to the contract trainer, contract trainer's supervisor, and DDS director or designee.

(iii) If significant areas of concern are noted, the contract trainer and immediate supervisor develop a specific plan of correction that may include retraining, increased supervision of classes, or co-training. A copy is sent to the DDS director or designee.

(iv) Exceptional performance is noted in writing with a copy to:

(I) trainer's personnel file; and

(II) DDS director or designee.

(v) DDS training staff reviews the primary training programs and other sensitive training programs contract training staff provides.

(E) Service recipients, family members, and advocates, as well as organizations with expertise in disability issues or training may be invited to review training classes or portions of classes.

(i) These reviews may be announced or unannounced.

(ii) Service recipients, family members, friends, advocates and legal guardians, or organizations provide feedback to the trainer, trainer's supervisor, and DDS director or designee.

(2) Training found to violate requirements of OAC 340:100-3-38, including material covered, testing procedures, or DDS rule requirements may result in:

(A) corrective discipline for OKDHS employees;

(B) revocation of approval to provide training;

(C) supervised retraining; or

(D) sanctions against the provider per OAC 340:100-3-27.

(3) Any participant or agency with concerns about course content, a course instructor, or availability of a course immediately notifies the supervisor of the course or instructor. If resolution of the issue does not occur, the participant or agency notifies the DDS director or designee.

(4) Each class used to fulfill training requirements, per OAC 340:100-3-38, offered by DDS, contract training agents, or provider agencies offers participants the opportunity to provide feedback. Feedback options include:

(A) end-of-class evaluation forms;

(B) periodic surveys; or

(C) focus group discussions.

(5) DDS case managers and providers report to the DDS director or designee any training system issues inhibiting fulfillment of requirements per OAC 340:100-3-38.

(i)Documentation.

(1) Provider agencies maintain documentation of completion of required training as defined in OAC 340:100-338. Staff who attend training may request the DDS trainer verify and sign completion verification the provider agency provides. Staff also may request verification of live and virtual training from the DDS training unit. The agency maintains a copy of such documents.

(2) DDS case managers monitor training completion through review of progress reports from service providers per OAC 340:100-5-52 and follow up when issues are noted.

Okla. Admin. Code § 340:100-3-38

Added at 15 Ok Reg 3934, eff 7-14-98 (emergency); Added at 16 Ok Reg 1056, eff 4-26-99; Amended at 19 Ok Reg 2948, eff 8-1-02 (emergency); Amended at 20 Ok Reg 936, eff 6-1-03; Amended at 22 Ok Reg 882, eff 5-12-05; Amended at 23 Ok Reg 1910, eff 6-11-06; Amended at 25 Ok Reg 986, eff 5-15-08; Amended at 28 Ok Reg 897, eff 6-1-11

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024