|
|
340:100-3-6. Human Rights Committee
|
|
|
|
|
Revised 5-15-08
(a) HRC. Each service recipient participating in services or programs operated by or under contract with Developmental Disabilities Services Division (DDSD) is represented by a Human Rights Committee (HRC).
(b) HRC role and function. The role and function of each HRC is to provide external monitoring and advocacy, separate and apart from the provision of services, that specifically addresses issues of protection of individual rights, program conditions, policy and procedure review, and resolution of complaints or concerns related to the protection of individual rights. Each HRC:
-
(1) reviews, at least annually, each protective intervention plan containing a restrictive or intrusive procedure, per OAC 340:100-1-2, and advises each service recipient or, if applicable, legal guardian of the perceived benefits and risks of proposed programs.
-
(A) The review includes an evaluation to determine whether proposed procedures conform to DDSD and provider agency policy.
-
(B) Service recipients or legal guardians retain the right to provide, refuse, or withdraw consent for proposed procedures, regardless of HRC recommendations, as long as this consent does not result in the implementation of a program that does not comply with DDSD policies;
-
(2) and the DDSD director of psychological and behavioral supports must review and approve all research proposals involving service recipients, prior to the initiation of research, per OAC 340:100-3-10; -
(3) reviews complaints by service recipients or other persons on behalf of service recipients and makes recommendations regarding resolution;
-
(4) reviews allegations of abuse, neglect, or exploitation.
-
(A) The provider agency notifies HRC when an allegation of abuse, neglect, or exploitation is made.
-
(B) HRC confirms whether the agency acted appropriately in reporting the allegation, protecting the service recipient, and cooperating with investigating authorities;
-
(5) reviews all incident reports involving emergency use of restrictive or intrusive procedures;
-
(6) reviews and comments on provider agency policies and practices as they affect service recipients. HRC comments are provided to the governing body of the provider agency and others determined appropriate by the governing body; and
-
(7) participates, at least quarterly, in activities designed to promote familiarity with service recipients, staff, and agency practices. These activities may include, but are not limited to:
(c) Resource center HRC. Southern Oklahoma Resource Center (SORC), Northern Oklahoma Resource Center of Enid (NORCE), and Robert M. Greer Center (Greer) HRC composition and practices conform to Title XIX requirements, per Section 483.440 of Title 42 of the Code of Federal Regulations (CFR).
(d) Provider agency HRC.
-
(1) Each provider agency HRC must have at least four members.
-
(A) Members are not employed by an agency providing services to service recipients.
-
(B) At least one member is either a service recipient or a family member of a service recipient.
-
(C) One member must be a professional with expertise in areas relating to HRC duties, such as:
-
(i) positive behavior supports and educational methodologies;
-
(ii) issues involving client rights; or
-
(iii) related medical or psychiatric issues.
-
(2) Service recipients served by multiple agencies funded by DDSD or Oklahoma Health Care Authority (OHCA) are represented by the HRC of the agency providing residential supports.
-
(3) Each provider agency HRC develops by-laws that specify:
-
(A) persons represented by the HRC;
-
(B) time and location of routine meetings, no less than quarterly;
-
(C) methods to ensure access by service recipients to HRC members for private communication;
-
(D) time frames for review of grievances, complaints, and protective intervention plans. Protective intervention plans are reviewed within 30 days of agency receipt;
-
(E) term of appointment for members; and
-
(F) routine rules of operation, such as:
(e) HRC meetings.
-
(1) HRC rules for recording and distribution of meeting minutes include, but are not limited to:
-
(A) identification of any protective intervention plan containing rights restrictions or restrictive or intrusive procedures that were reviewed, specifying the nature of the restriction or restrictive or intrusive procedure in each case;
-
(B) recommendations, if any, from the HRC for each protective intervention plan reviewed, including a copy of any checklist or review form used;
-
(C) names and titles of persons who attended;
-
(D) other key issues discussed; and
-
(E) notation, if a pattern of frequent use of restrictive or intrusive procedures or frequent injury is emerging from the HRC review of incident reports.
-
(2) Each HRC distributes:
-
(A) copy of the form used to review the protective intervention plan, along with any other information needed to clarify the HRC recommendation, to the service recipient's DDSD case manager;
-
(B) when issues other than a protective intervention plan are reviewed, copy of meeting minutes to each service recipient's case manager, with names deleted of persons who are not in that case manager's caseload; and
-
(C) complete copy of meeting minutes and review forms to the DDSD director of psychological and behavioral supports.
(f) HRC training. HRC members are trained, using curriculum consisting only of materials approved by the DDSD director of psychological and behavioral supports and DDSD director of human resource development. The HRC may receive training from:
-
(1) a qualified DDSD trainer;
-
(2) Statewide Behavior Review Committee (SBRC); or
-
(3) a fully trained HRC member approved by the DDSD director of psychological and behavioral supports and DDSD director of human resource development.
(g) HRC advocacy. The HRC may seek assistance if HRC advocacy recommendations are not carried out. When HRC:
-
(1) recommendations regarding a rights restriction are not implemented, HRC may request an administrative inquiry from DDSD Quality Assurance (QA) Unit;
-
(2) recommendations regarding a protective intervention plan containing restrictive or intrusive procedures are not followed, HRC must refer the plan to SBRC; and
-
(3) is aware of the use of a restrictive or intrusive procedure not in accordance with OAC 340:100-5-57, HRC must request an administrative inquiry from DDSD QA Unit.
|