1. (a) Reporting requirement. Contract provider staff and Developmental Disabilities Services (DDS) staff must report critical and non-critical incidents involving the health and welfare of any person receiving DDS services, excluding Family Support Assistance Payment Program recipients per Oklahoma Administrative Code (OAC) 340:100-13.

2. (b) Critical incidents. Critical incidents include:

   1. (1) suspected maltreatment including abuse, verbal abuse, sexual abuse, neglect, financial neglect, exploitation, or sexual exploitation of a vulnerable adult per Section 10-103 of Title 43A of the Oklahoma Statutes (43A O.S. § 10-103) or abuse, neglect, sexual abuse, or sexual exploitation of children per 10A O.S. § 1-1-105;
   2. (2) threatened or attempted suicide by a service recipient;
   3. (3) death of a service recipient;
   4. (4) an unplanned hospital admission of a service recipient;
   5. (5) a medication event resulting in emergency medical treatment for a service recipient;
   6. (6) law enforcement involvement in a situation concerning a service recipient;
   7. (7) property loss of more than $500 involving a service recipient;
   8. (8) a service recipient who is missing; and

   9. (9) a highly restrictive procedure used on a service recipient, such as:

      1. (A) p.r.n. medication for behavioral control; or
      2. (B) physical hold.

3. (c) Non-critical incidents. Non-critical incidents include:

   1. (1) an injury or an unplanned health-related event involving a service recipient;
   2. (2) physical aggression by a service recipient;
   3. (3) fire setting by a service recipient;
   4. (4) deliberate harm to an animal by a service recipient;
   5. (5) property loss of less than $500 involving a service recipient;
   6. (6) a vehicle accident involving a service recipient;
   7. (7) the suspension, termination, or removal of a service recipient's program, including employment; and

   8. (8) a medication event involving a service recipient, including:

      1. (A) a dose at the wrong time;
      2. (B) a missed dose;
      3. (C) a wrong dose;
      4. (D) the wrong medicine;
      5. (E) the wrong route;
      6. (F) an incorrect medicine label or instructions;
      7. (G) a medication refused by the service recipient;
      8. (H) incorrect medication documentation; or
      9. (I) any other significant occurrence involving medication.

4. (d) Incident notification requirements.

   1. (1) For Waiver funded service recipients, contract provider staff:

      1. (A) report incidents electronically via the DDS Provider Reporting System for all critical and non-critical incidents;

      2. (B) program coordination staff:

         1. (i) review and submit reports of all critical incidents per OAC 340:100-3-34(b) within one business day of the incident; and
         2. (ii) review and submit reports of all non-critical incidents per OAC 340:100-3-34(c) within three business days of the occurrence.
      3. (C) notify the service recipient's family or guardian, in accordance with provider policies;

      4. (D) notify other persons or entities as required by law or regulation, including:

         1. (i) when a service recipient dies per OAC 340:100-3-35; and

         2. (ii) investigative authorities immediately in cases of suspected maltreatment, including:

            1. (I) Office of Client Advocacy;
            2. (II) Adult Protective Services per 43A O.S. § 10-104; or
            3. (III) Child Protective Services per 10A O.S. § 1-1-105.
   2. (2) For critical incidents involving state funded service recipients, contract provider staff submits Form 06MP046E, Incident Report, to DDS State Office within one business day of the incident. For non-critical incidents, contract provider staff maintains a copy of Form 06MP046E per OAC 340:100-3-40.

Amended at 8 Ok Reg 2163, eff 5-13-91 (emergency)

Amended at 9 Ok Reg 1549, eff 4-27-92

Amended at 17 Ok Reg 550, eff 11-24-99 (emergency)

Amended at 17 Ok Reg 1314, eff 5-11-00

Amended at 24 Ok Reg 1046, eff 5-11-07

Amended at 29 Ok Reg 822, eff 7-1-12

Amended at 32 Ok Reg 1906, eff 9-15-15

<div>Amended at 42 Ok Reg, Number 5, effective 10-8-24 (emergency)</div>

Amended at 42 Ok Reg, Number 20, effective 9-15-25