Okla. Stat. tit. 10, § 10-1430.20

appropriate care based on resident's source of payment - Staff

training – Limitation of rights - Report of violations - Death of

resident.

A. Rules promulgated by the Director of Human Services

regarding the rights and responsibilities of residents shall be

available in each group home subject to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act,

and each resident and guardian or advocate of the resident, if any,

shall be provided a copy of these rules prior to or upon admission.

The provider or licensee shall ensure that the staff is familiar

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with and observes the rights and responsibilities enumerated in this

section.

B. A statement of rights and responsibilities shall include,

but not be limited to, the following:

1. Every resident's civil and religious liberties, including

the right to independent personal decisions and knowledge of

available choices, shall not be infringed and the provider shall

encourage and assist in the exercise of these rights;

2. Every resident shall have the right to have private

communications and consultations with the physician, attorney or any

other person of the resident's choice, and may send and promptly

receive, unopened, the resident's personal mail;

3. Every resident shall have the right, without fear of

reprisal, to present grievances on behalf of the resident or others

to the provider's staff or administrator, to governmental officials

or to any other person, and to join with other residents or

individuals within or outside of the facility to work for

improvements in resident care;

4. Every resident shall have the right to manage his or her own

financial affairs, unless the resident delegates the responsibility,

in writing, to the provider. The resident shall have at least a

quarterly accounting of any personal financial transactions

undertaken in the resident's behalf by the provider during any

period of time the resident has delegated such responsibilities to

the provider;

5. Every resident shall have the right to receive adequate and

appropriate medical care consistent with established and recognized

medical practice standards within the community. Every resident

shall be fully informed by the resident's attending physician of the

resident's own medical condition and proposed treatment in terms and

language that the resident can understand, and shall have the right

to refuse medication and treatment after being fully informed of and

understanding the consequences of such actions;

6. Every resident shall receive respect and privacy in the

resident's medical care program. Case discussion, consultation,

examination and treatment shall remain confidential and shall be

conducted discreetly. Personal and medical records shall be

confidential;

7. Every resident shall have the right to retain and use his or

her personal clothing and possessions, unless prohibited by law, and

shall have the right to security in the storage and use of such

clothing and possessions;

8. Every resident shall have the right to be treated

courteously and respectfully and shall be furnished by the provider

with a written statement of the services and related charges;

9. Every resident shall be free from mental and physical abuse,

and free from physical and chemical restraints, except those

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physical and chemical restraints which are authorized in writing by

a physician, in accordance with rules promulgated by the Department,

for a specified period of time;

10. Every resident shall receive a statement of the provider's

guidelines and an explanation of the resident's responsibility to

comply with all reasonable regulations of the group home and to

respect the personal rights and private property of the other

residents;

11. Every resident shall receive a statement that should they
es promulgated by the Department,

for a specified period of time;

10. Every resident shall receive a statement of the provider's

guidelines and an explanation of the resident's responsibility to

comply with all reasonable regulations of the group home and to

respect the personal rights and private property of the other

residents;

11. Every resident shall receive a statement that should they

be adjudicated incompetent, the above rights and responsibilities

shall be exercised by a court-appointed guardian;

12. No resident shall be required to perform services for a

provider, except for normal, shared household tasks;

13. Every resident shall have privacy for conjugal visits. A

resident may share a room with a spouse, if the spouse is residing

in the same group home; and

14. Every resident shall be entitled to all rights provided in

OAC 340:100-3-1.2.

C. No provider shall deny appropriate care on the basis of the

resident's source of payment.

D. Each provider shall provide appropriate staff training to

implement each resident's rights as stated in this section.

E. The rights enumerated in subsection B of this section may be

limited for residents of an alternative group home, as described in

OAC 340:100-5-22.6, if the resident has been placed in the

alternative group home pursuant to Section 1175.6b or Section

1175.6c of Title 22 of the Oklahoma Statutes, or if the resident has

an intellectual disability and a current community protection issue,

which include, but are not limited to:

1. Allegation(s), charge, or conviction of a sexual offense;

2. A history of stalking or opportunistic behavior which

demonstrates a likelihood of committing a sexually violent or

predatory act;

3. A pattern of violence towards others;

4. A diagnosis of an intellectual disability and mental illness

with ongoing episodes that are dangerous as defined in Section

1175.1 of Title 22 of the Oklahoma Statutes; or

5. Evidence of commission of a violent crime.

F. An action may be brought against an individual by any

resident who is injured by any violation of this section, or who

shall suffer injury from any person whose threats would cause a

violation of this section if carried through, may maintain an action

to prevent, restrain or enjoin a violation or threatened violation.

If a violation or threatened violation of this section shall be

established in any action, the court shall enjoin and restrain or

otherwise prohibit the violation or threatened violation and assess

in favor of the plaintiff and against the defendant the cost of the

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suit, and the reasonable attorney fees incurred by the plaintiff.

If damages are alleged and proved in the action, the plaintiff shall

be entitled to recover from the defendant the actual damages

sustained by the plaintiff. If it is proved in an action that the

defendant's conduct was willful or in reckless disregard of the

rights provided by this section, punitive damages may be assessed.

G. Any employee of the Department of Human Services who

inspects any group home shall report any flagrant violations of

Section 1430.1 et seq. of this title or any other statute to the

Director of Human Services, or a designee, who shall immediately

take whatever steps are necessary to correct the situation

including, when appropriate, reporting the violation to the district

attorney of the county in which the violation occurred.

H. Upon the death of a resident who has no sources of payment

for funeral services, the provider shall immediately notify

appropriate county officials who shall be responsible for funeral

and burial procedures of the deceased in the same manner as with any

indigent resident of the county.