Okla. Admin. Code § 450:15-3-21

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

Section 450:15-3-21 - Rights regarding labor by consumers

(a) A consumer may perform labor which contributes to the operations and maintenance of the facility for which the facility would otherwise employ an individual under all the following conditions:

(1) The consumer voluntarily agrees to perform the labor;

(2) Engaging in the labor would not be inconsistent with the consumer's treatment plan;

(3) The amount of time or effort necessary to perform the labor would not be excessive as determined by and outlined in the treatment plan;

(4) The consumer is compensated appropriately and in accordance with the applicable federal and state minimum wage laws; and

(5) Discharge and privileges are not conditioned upon the performance of such labor.

(b) The provisions of this section shall not apply to bonafide "work therapy" which is part of the consumer's treatment plan. Work therapy shall be:

(1) in the best interest of the consumer;

(2) therapeutic in nature and purpose;

(3) part of the consumer's documented treatment plan;

(4) documented in the consumer's record with a rationale for the work therapy;

(5) voluntarily entered into by the consumer;

(6) compensated by the facility at a rate derived from the value of the work performed; and

(7) compensated in accordance with federal and state minimum wage laws if the primary benefit is to the facility.

(c) The consumer is provided training appropriate to the labor to be performed.

(d) Subsections (a), (b) and (c) of this section shall not apply to matters of personal housekeeping, personal maintenance, communal living or tasks oriented to improving life skills. These activities shall not primarily benefit the facility.

(e) Payment pursuant to this section shall not be applied by the facility to offset the costs of maintenance of persons receiving treatment in the facility, unless the consumer authorized such payment or offset in writing.

Okla. Admin. Code § 450:15-3-21

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