Okla. Admin. Code § 340:75-3-430

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

Section 340:75-3-430 - Protocol for investigating alleged medical neglect of infants born alive and infants born with disabilities

Withholding needed medical treatment from an infant born alive at any stage of development or an infant born with disabilities is prohibited by state and federal statutes and regulations. Withholding medical treatment is the failure to respond in any manner to an infant born alive and failure to respond to the infant's life-threatening conditions by providing treatment that, in the treating physician's reasonable medical judgment, will most likely improve or correct such conditions.

(1)When treatment is not required. Providing treatment to the infant born with disabilities is not required when, in the physician's reasonable medical judgment, any of the following circumstances exist:

(A) the infant is chronically and irreversibly comatose;

(B) provision of treatment would merely prolong dying; or

(C) provision of treatment would be virtually futile in terms of the infant's survival and the treatment itself would be inhumane.

(2)Reports of medical neglect of the infant born alive and of the infant born with disabilities. Reports alleging the person responsible for the child (PRFC) has denied the infant born alive or the infant with disabilities medically beneficial treatment, including nutrition and hydration are investigated by OKDHS.

(3)Reports of medical neglect of the infant born alive or of the infant born with disabilities by a medical provider. Reports alleging the medical provider has denied medically beneficial treatment to a child or infant born alive or an infant born with disabilities is investigated by the Office of Client Advocacy.

(4)Protocol for investigating alleged medical neglect of infants born alive and infants with disabilities. The protocol for investigating reports of alleged medical neglect of an infant born alive or an infant born with disabilities is the same as other investigations of reported child abuse or neglect by a person responsible for the child.

Okla. Admin. Code § 340:75-3-430

Added at 30 Ok Reg 389, eff 7-1-13