Okla. Admin. Code § 340:5-3-4

Current through Vol. 42, No. 7, December 16, 2024

Section 340:5-3-4 - [Effective 9/14/2025] Referrals under the jurisdiction of entities other than Adult Protective Services (APS)

Some referrals of alleged maltreatment of vulnerable adults are not investigated by APS staff.

(1)Robert M. Greer Center (Greer) resident or former Hissom Memorial Center resident referrals. When the alleged victim is a current Greer resident, or a former Hissom Memorial Center resident, who suffered maltreatment by a facility employee or by a current caretaker, the referral is sent to Office of Client Advocacy (OCA).

(2)Reports of maltreatment by persons providing services to alleged victims receiving services from a community services worker, community services provider, Sooner Care (Medicaid) personal care services provider, or Medicaid personal care assistant (MPCA). When the alleged victim receives services from a community services worker, community services provider, SoonerCare (Medicaid) personal care services provider, or MPCA, as those terms are defined in Section 1025.1 of Title 56 of the Oklahoma Statutes, the referral is sent to Office of Client Advocacy (OCA).

(3)Alleged maltreatment in hospital settings. APS staff refers allegations of maltreatment of vulnerable adults who are receiving services in medical hospitals, rehabilitation facilities, or private psychiatric hospitals, by facility staff to the Oklahoma State Department of Health (OSDH), Protective Health Services, Medical Facilities Service.

(4)Alleged maltreatment by Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) staff and contracted providers. APS staff refers allegations of maltreatment of vulnerable adults by public or private community mental health agency staff to the ODMHSAS Advocacy Division. Certain residential care facilities may also be under the jurisdiction of ODMHSAS and receiving a stipend.

(5)Alleged maltreatment of residents by nursing facility staff. APS staff refers allegations of maltreatment of nursing facility residents by facility staff to APS Long-Term Care Investigations and to OSDH, Protective Health Services, Medical Facilities Service.

(6)Alleged maltreatment of incarcerated individuals in federal or state custody. APS staff refers allegations of maltreatment of incarcerated individuals by federal or state public hospitals, jails, prisons, or similar facilities staff to the facility's regulatory department for investigation and to the local district attorney.

(7)Alleged maltreatment of individuals who are deceased at the time of referral. Maltreatment allegations of persons who are deceased are not accepted by APS. Reporters are referred to the state Office of the Medical Examiner, law enforcement, or when the death occurred in a nursing facility, to the Office of the Attorney General, Medicaid Fraud Control Unit.

(8)Alleged impaired driving. Reporters with concerns about impaired driving are referred to the Oklahoma Department of Public Safety. APS does not investigate impaired driving, but may address related issues.

Okla. Admin. Code § 340:5-3-4

Added at 20 Ok Reg 840, eff 6-1-03 ; Amended at 21 Ok Reg 3082, eff 6-7-04 (emergency); Amended at 22 Ok Reg 1211, eff 5-26-05 ; Amended at 29 Ok Reg 742, eff 7-1-12 ; Amended at 30 Ok Reg 625, eff 6-1-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/8/2024, exp. 9/14/2025 (Emergency)