Notices of Rulemaking IntentPrior to adoption and gubernatorial/legislative review of a proposed PERMANENT rulemaking action, an agency must publish a Notice of Rulemaking Intent in the Register. In addition, an agency may publish a Notice of Rulemaking Intent in the Register prior to adoption of a proposed EMERGENCY or PREEMPTIVE rulemaking action.
A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other information about the intended rulemaking action as required by law, including where copies of proposed rules may be obtained.
For additional information on Notices of Rulemaking Intent, see 75 O.S., Section 303.
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 1. Administrative Operations Notice of proposed PERMANENT rulemaking
Subchapter 10. Requirements for Department Programs [AMENDED]
The proposed rules provide for current citations to the Code of Federal Regulations.
Okla. Const., Art. 6, § 31; State Board of Agriculture; and 2 O.S. §§ 1-2, 2-2, and 2-4(A)(2).
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 1:00 p.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-793; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 10. Agricultural Products Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions
35:10-1-3 [AMENDED]
Subchapter 17. Open Dating [REVOKED]
35:10-17-1 [REVOKED]
The proposed rule amendments update handbook and publication references
and revoke obsolete language.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 2 O.S. § 14-31 et seq.
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 10:00 a.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-794; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry Notice of proposed PERMANENT rulemaking
35:13-1-1 [REVOKED]
35:13-1-2 [REVOKED]
35:13-1-3 [REVOKED]
35:13-1-4 [REVOKED]
35:13-1-5 [REVOKED]
35:13-1-6 [REVOKED]
The proposed rule amendments revoke all rules in Chapter 13 to comply with the repeal of statutory authority for enforcement of the Fuel Alcohol program.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 2 O.S. § 11-20 et seq.
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 10:15 a.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-795; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 15. Animal Industry Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions [AMENDED]
Subchapter 5. Biological Products and Laboratories [AMENDED]
Subchapter 11. Importation of Animals [AMENDED]
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets [AMENDED]
Subchapter 15. Equine Infectious Anemia (EIA) [AMENDED]
Subchapter 16. Contagious Equine Metritis [AMENDED]
Subchapter 19. Poultry Regulations [AMENDED]
Subchapter 34. Feral Swine [AMENDED]
Subchapter 36. Scrapie [AMENDED]
Subchapter 44. Farmed Cervidae [AMENDED]
Subchapter 47. Chronic Wasting Disease (CWD) in Cervids [AMENDED]
The proposed rule amendments add and modify definitions; modify registration requirements of certain biological products; require testing of certain equine for Piroplasmosis; conform language; modify requirements for livestock auction markets; modify requirements for equidae entering Oklahoma; update citations to the Code of Federal Regulations; modify requirements for importation of poultry; update obsolete language; modify fees for certain sporting facilities; provide penalty for late submission of certain license fees; and delete exception from requirements for identification of imported sheep and goats.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); 2 O.S. § 6-1 et seq., 2 O.S. § 6-91 et seq., 2 O.S. § 6-121 et seq., 2 O.S. § 6-131 et seq., 2 O.S. § 6-141 et seq., 2 O.S. § 6-281 et seq., 2 O.S. § 6-501 et seq., 2 O.S. § 6-601 et seq., and 2 O.S. § 9-130 et seq.,
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 11:00 a.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-796; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 30. Consumer Protection Notice of proposed PERMANENT rulemaking
Subchapter 8. Cotton Seed Bug Quarantine [NEW]
Subchapter 17. Combined Pesticide [AMENDED]
Subchapter 24. Oklahoma Industrial Hemp Program [AMENDED]
Subchapter 25. Seed [AMENDED]
Subchapter 29. Fertilizer [AMENDED]
Subchapter 37. Nursery Stock Sales [AMENDED]
The proposed rule amendments establish a cotton seed bug quarantine; provide for regulation of certain areas and articles; provide for movement of certain articles under certain circumstances; provide for commercial pesticide applicator license renewal; modify certain examination and recertification requirements; update citations to the Code of Federal Regulations; provide requirements for labeling of spray adjuvants; modify minimum standards for keeping of certain records; provide definitions; provide allowable testing thresholds for hemp and processed hemp; prohibiting certain processing of certain hemp and providing for violation; modify seed program fees; provide for sale of marijuana seed; provide penalty for late renewal of specialty fertilizer registration; and prohibit sale of certain noxious weeds.
Okla. Const., Art. 6, § 31; 2 O.S. § 2-4(A)(2); State Board of Agriculture; 2 O.S. § 3-81 et seq.; 2 O.S. § 8-1 et seq.; and 2 O.S. § 8-41.1 et seq.
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 10:30 a.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-797; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry Notice of proposed PERMANENT rulemaking
Subchapter 1. Eggs [AMENDED]
Subchapter 3. Meat Inspection [AMENDED]
Subchapter 5. Poultry Products Inspection [AMENDED]
Subchapter 15. Organic Products [AMENDED]
Subchapter 17. Produce safety [AMENDED]
Subchapter 19. Homemade Food [NEW]
The proposed rule amendments update citations to the Code of Federal Regulations and other procedures and regulations; provide new rules for regulating the production, sale and resale of homemade food products; add definitions; provide sale, delivery, and labeling requirements for homemade food products; and provide penalty for violations.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2), (28) and (34); 2 O.S. 6-181 et seq.; and 2 O.S. § 6-251 et seq.
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 11:30 p.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-798; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 40. Market Development Notice of proposed PERMANENT rulemaking
Subchapter 5. Agriculture Enhancement and Diversification Program
Part 1. Definitions
35:40-5-1 [AMENDED]
Part 3. Applicant Eligibility
35:40-5-31 [AMENDED]
Part 5. Evaluation and Funding Criteria
35:40-5-51 [AMENDED]
Part 11. Terms of Loans orand Grants
35:40-5-111 [AMENDED]
Part 13. Marketing and Utilization Loans [REVOKED]
35:40-5-131 [REVOKED]
Part 15. Cooperative MarketingValue-added Agriculture Loans and Grants
35:40-5-151 [AMENDED]
Part 17. Farm Diversification Grants
35:40-5-171 [AMENDED]
Part 18. Basic And AppliedProduct Development and Research Loans Orand Grants
35:40-5-181 [AMENDED]
Part 23. Agriculture Event Grants
35:40-5-221 [AMENDED]
Part 25. Veteran or Young Farmer Loans and Grants [NEW]
35:40-5-231 [NEW]
Subchapter 23. Made in Oklahoma
35:40-23-4 [AMENDED]
The proposed rules amend the Oklahoma Agricultural Enhancement and Diversification Program to add definitions; modify eligibility requirements and evaluation criteria; modify names and requirements of certain loan and grant programs; revoke and create certain loan and grant programs; and conform language. The proposed rules amend the Made in Oklahoma Program to exclude certain products from being eligible to participate in the program.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); 2 O.S. § 5-3.1 et seq., and 2 O.S. §5-14 et seq..
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 1:45 p.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-799; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 44. Agriculture Pollutant Discharge Elimination System Notice of proposed PERMANENT rulemaking
Subchapter 1. Agriculture Environmental Permitting and AgPDES
Part 1. General Provisions
35:44-1-3 [AMENDED]
Subchapter 3. Permit Conditions and Requirements
35:44-3-3 [AMENDED]
The proposed rule amendments update citations to the Code of Federal Regulations.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); 2 O.S. § 2-18.2; 2 O.S. § 2A-1 et seq.; 2 O.S. § 2A-21 et seq.; 27A O.S. § 1-3-101(D).
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 1:15 p.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma
City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-800; filed 11-8-21]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry CHAPTER 55. Commercial Pet Breeders and Animal Shelters Notice of proposed PERMANENT rulemaking
Subchapter 3. Standards of Care
35:55-3-1 [AMENDED]
The proposed rule amendments update citations to the Code of Federal Regulations.
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 4 O.S. § 30.1 et seq.
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 1:30 p.m., January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Copies of proposed rules may be obtained by visiting ag.ok.gov/proposed-rules/ or by contacting Kambi Maddy at the address listed above. Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-801; filed 11-8-21]
TITLE 252. Department of Environmental Quality CHAPTER 301. Laboratory Accreditation Notice of proposed PERMANENT rulemaking
Subchapter 7. Proficiency Testing
252:301-7-4. Initial accreditation [AMENDED]
252:301-7-14. PT criteria for laboratory accreditation [AMENDED]
252:301-7-17. Supplemental studies [AMENDED]
Subchapter 9. Quality Assurance/Quality Control
Part 3. Standard Operating Procedures and Methods Manual
252:301-9-37. Methodology incorporated by reference [AMENDED]
Part 5. QA/QC Program Requirements
252:301-9-56. QA/QC documentation [AMENDED]
The gist of these rules and the underlying reason for this rulemaking is to update incorporations by reference for EPA methodologies, and to make other amendments for conformity with the updated incorporations by reference. Updates include the most recent EPA Primary Drinking Water Regulations, National Standards for Solid Waste Test Methods and EPA Test Procedures for the Analysis of Pollutants. A significant result of these updates to rules is the use of alternate testing methods, clearer language, and reduced requirements which will apply to all permittees and accredited laboratories.
Environmental Quality Board; 27A O.S., Sections 2-2-101, 2-2-201, and 2-4-302.
Water Quality Advisory Management Council; 27A O.S., Sections 2-2-201 and 2-4-302. Laboratory Certification Services; 27A O.S., Sections 2-4-301 through 2-4-306.
Written comments may be submitted to the contact person from December 1, 2021 through January 10, 2022. Oral comments may be made at the January 11, 2022 Water Quality Management Advisory Council meeting and at the February 18, 2022 Environmental Quality Board meeting.
Before the Water Quality Management Advisory Council at 2:00 p.m. on Tuesday, January 11, 2022, at the DEQ Headquarters, 707 N Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled for February 18, 2022, at the DEQ Headquarters, 707 N Robinson, Oklahoma City, Oklahoma 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Department requests that business entities affected by these rules provide the Department, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred by a particular entity due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: The contact person is David Caldwell, Environmental Programs Manager, P.O. Box 1677, Oklahoma City, OK 73101-1677, email david.caldwell@deq.ok.gov, phone (405) 702-1000 or by fax at (405) 702-7102.
PERSONS WITH DISABILITIES: Person with disabilities who desire to attend the public hearing and need accommodation, should notify the contact person three (3) working days in advance at (405) 702- 1000. For the hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-771; filed 11-2-21]
TITLE 252. Department of Environmental Quality CHAPTER 302. Field Laboratory Accreditation Notice of proposed PERMANENT rulemaking
Subchapter 5. General Operations
252:302-5-2.
Laboratory technician [AMENDED]
Subchapter 7. Proficiency Testing
252:302-7-3. Initial accreditation [AMENDED]
252:302-7-7. PT criteria for laboratory accreditation [AMENDED]
252:302-7-9. Supplemental studies [AMENDED]
Subchapter 9. Quality Assurance/Quality Control
Part 1. Quality Assurance/Quality Control General Criteria
252:302-9-2. Format [AMENDED]
252:302-9-3. Management information required in QA plan [AMENDED]
Part 3. Standard Operating Procedures and Methods Manual
252:302-9-23. Test methods(s) [AMENDED]
252:302-9-25. Methodology incorporated by reference [AMENDED]
The gist of these rules and the underlying reason for this rulemaking is to update incorporations by reference for EPA methodologies, specifically Test Procedures for the Analysis of Pollutants, and to make other amendments for conformity with the updated incorporations by reference. A significant result of these updates to rules is to utilize alternate testing methods, clearer language, and reduced requirements which will apply to all permittees and accredited laboratories.
Environmental Quality Board; 27A O.S., Sections 2-2-101, 2-2-201, and 2-4-302.
Water Quality Advisory Management Council; 27A O.S., Sections 2-2-201 and 2-4-302. Laboratory Certification Services; 27A O.S., Sections 2-4-301 through 2-4-306.
Written comments may be submitted to the contact person from December 1, 2021 through January 10, 2022. Oral comments may be made at the January 11, 2022 Water Quality Management Advisory Council meeting and at the February 18, 2022 Environmental Quality Board meeting.
Before the Water Quality Management Advisory Council at 2:00 p.m. on Tuesday, January 11, 2022 at the DEQ Headquarters, 707 N Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled for February 18, 2022, at the DEQ Headquarters, 707 N Robinson, Oklahoma City, Oklahoma 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Department requests that business entities affected by these rules provide the Department, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred by a particular entity due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: David Caldwell, Environmental Programs Manager, P.O. Box 1677, Oklahoma City, OK 73101-1677, email david.caldwell@deq.ok.gov, phone (405) 702-1000 or by fax at (405) 702-7102.
PERSONS WITH DISABILITIES: Person with disabilities who desire to attend the public hearing and need accommodation, should notify the contact person three (3) working days in advance at (405) 702- 1000. For the hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-772; filed 11-2-21]
TITLE 252. Department of Environmental Quality CHAPTER 307. TNI Laboratory Accreditation Notice of proposed PERMANENT rulemaking
Subchapter 1. Introduction
252:307-1-4. Incorporation by reference [AMENDED]
Subchapter 5. Conditions of Accreditation
252:307-5-1. Conditions applicable to all accreditations [AMENDED]
Subchapter 7. Onsite Assessment Requirements
252:307-7-2. Conduct of onsite assessments [AMENDED]
Subchapter 9. Management and Technical Requirements
Part 1. Proficiency Testing
252:307-9-2. Participation required [AMENDED]
252:307-9-3. Initial and continuing PT studies evaluation [AMENDED]
252:307-9-8. Failure to perform PT [AMENDED]
252:307-9-9. Supplemental PT testing [AMENDED]
Part 7. Record Keeping and Reporting
252:307-9-60. Required records [AMENDED]
The gist of these rules and the underlying reason for this rulemaking is to update incorporations by reference for the TNI Standard and EPA methodologies, and to make other amendments for conformity with the updated incorporations by reference. Updates include the most recent EPA Primary Drinking Water Regulations, National Standards for Solid Waste Test Methods and EPA Test Procedures for the Analysis of Pollutants, and the 2016 TNI Standard. A significant result of these updates to EPA test procedures and TNI Standards is the addition of alternate testing methods, clearer language, and reduced requirements which will apply to all permittees and accredited laboratories.
Environmental Quality Board; 27A O.S., Sections 2-2-101, 2-2-201, and 2-4-302.
Water Quality Advisory Management Council; 27A O.S., Sections 2-2-201 and 2-4-302.
Laboratory Certification Services; 27A O.S., Sections 2-4-301 through 2-4-306.
Written comments may be submitted to the contact person from December 1, 2021 through January 10, 2022. Oral comments may be made at the January 11, 2022 Water Quality Management Advisory Council meeting and at the February 18, 2022 Environmental Quality Board meeting.
Before the Water Quality Management Advisory Council at 2:00 p.m. on Tuesday, January 11, 2022 at the DEQ Headquarters, 707 N Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled for February 18, 2022, at the DEQ Headquarters, 707 N Robinson, Oklahoma City, Oklahoma 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Department requests that business entities affected by these rules provide the Department, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees, and the indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred by a particular entity due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the contact person, reviewed at the Department of Environmental Quality, 707 N Robinson, Oklahoma City, Oklahoma, or reviewed online at www.deq.state.ok.us/WQDnew/wqmac/index.html. The contact person is David Caldwell, Environmental Programs Manager, who can be reached by phone at (405) 702-1000 or by fax at (405) 702-7102. Email comments may be directed to david.caldwell@deq.ok.gov. Mail should be addressed to Department of Environmental Quality, State Environmental Laboratory Services Division, P.O. Box 1677, Oklahoma City, OK 73101-1677, ATTN: David Caldwell.
PERSONS WITH DISABILITIES: Should you desire to attend the public hearing but have a disability and need an accommodation, please notify the contact person three (3) working days in advance at (405) 702-1000. For the hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-773; filed 11-2-21]
TITLE 252. Department of Environmental Quality CHAPTER 606. Oklahoma Pollutant Discharge Elimination System (OPDES) Standards Notice of proposed PERMANENT rulemaking
Subchapter 1. Introduction
252:606-1-4 [AMENDED]
The gist of this proposed rule and the underlying reason for the rulemaking is to ensure the Oklahoma Pollutant Discharge Elimination System (OPDES) is in compliance with the Department's delegation agreement with the Environmental Protection Agency (EPA), and to ensure Oklahoma retains responsibility for administering the National Pollutant Discharge Elimination System (NPDES) Program in Oklahoma. The Department proposes to update its rules concerning the date of the incorporation by reference for the Code of Federal Regulations from July 1, 2020, to July 19, 2021. The federal regulation updates being incorporated include the Environmental Protection Agency's (EPAs) Clean Water Act Methods Update Rule that became effective July 19, 2021. The rule finalized changes to test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. It is anticipated that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the Clean Water Act methods also incorporates technological advances in analytical technology.
Environmental Quality Board; 27A O.S., § 2-2-101
Water Quality Management Advisory Council; 27A O.S., § 2-2-201; and 27A O.S. §§ 2-6-103, and 2-6-203
Written comments may be submitted to the contact person from December 1, 2021, through January 11, 2022. Oral comments may be made at the Water Quality Management Advisory Council meeting on January 11, 2022, and at the Environmental Quality Board meeting on February 18, 2022.
Before the Water Quality Management Advisory Council on January 11, 2022, at 2:00 p.m. at the Department of Environmental Quality offices, First Floor, 707 N. Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled on Friday, February 18, 2022, at 9:30 a.m. at the DEQ Headquarters, First Floor, 707 N. Robinson Avenue, Oklahoma City, OK 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The DEQ requests that business entities or any other members of the public affected by these rules provide to DEQ (during the comment period) the increase (in dollar amounts if possible) in the level of direct costs (e.g., fees) and indirect costs (e.g., reporting, record keeping, equipment, construction, labor, professional services, revenue loss), or other costs expected to be incurred due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: Brian Clagg, Water Quality Division, 707 N. Robinson, P.O. Box 1677, Oklahoma City, OK 73101-1677, email brian.clagg@deq.ok.gov, phone (405) 702-8100, or fax (405) 702-8101.
PERSONS WITH DISABILITIES: Persons with disabilities who desire to attend the rulemaking hearing and need an accommodation should notify the contact person three (3) days in advance of the hearing. For hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-781; filed 11-4-21]
TITLE 252. Department of Environmental Quality CHAPTER 631. Public Water Supply Operation Notice of proposed PERMANENT rulemaking
Subchapter 1. Introduction
252:631-1-3 [AMENDED]
The gist of this rule and the underlying reason for the rulemaking is to update the rule concerning the date of the incorporation by reference of certain federal regulations from July 1, 2020, to July 1, 2021. The federal regulation updates being incorporated include EPA finalizing changes to existing regulations to protect the public from lead in plumbing materials used in public water systems or residential or nonresidential facilities providing water for human consumption. The rule changes codify aspects of the Reduction of Lead in Drinking Water Act of 2011 (RLDWA) and the Community Fire Safety Act of 2013 (CFSA). The RLDWA amended section 1417 of the Safe Drinking Water Act (SDWA), which prohibits the use and introduction into commerce of certain plumbing products that are not "lead free." The RLDWA revised the definition of lead free to lower the allowable maximum lead content of plumbing products and established a statutory method for calculating lead content. EPA also established new requirements for manufacturers or importers that introduce into commerce products that must meet lead free requirements to certify such products as being in compliance with the lead free requirements in Section 1417 of the SDWA, as amended. EPA expects that these requirements for lead content in plumbing materials used in new installations and repairs will result in fewer sources of lead in drinking water and, consequently, will reduce adverse health effects associated with exposure to lead in drinking water. The final rule became effective October 1, 2020, and the compliance date for the product certification requirements in 40 CFR 143.19 is September 1, 2023.
Environmental Quality Board; 27A O.S., § 2-2-101
Water Quality Management Advisory Council; 27A O.S., § 2-2-201; and 27A O.S. §§ 2-6-103, 2-6-303 and 2-6-306
Written comments may be submitted to the contact person from December 1, 2021, through January 11, 2022. Oral comments may be made at the Water Quality Management Advisory Council meeting on January 11, 2022, and at the Environmental Quality Board meeting on February 18, 2022.
Before the Water Quality Management Advisory Council on January 11, 2022, at 2:00 p.m. at the Department of Environmental Quality offices, First Floor, 707 N. Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled on Friday, February 18, 2022, at 9:30 a.m. at the DEQ Headquarters, First Floor, 707 N. Robinson Avenue, Oklahoma City, OK 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The DEQ requests that business entities or any other members of the public affected by these rules provide to DEQ (during the comment period) the increase (in dollar amounts if possible) in the level of direct costs (e.g., fees) and indirect costs (e.g., reporting, record keeping, equipment, construction, labor, professional services, revenue loss), or other costs expected to be incurred due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: Brian Clagg, Water Quality Division, 707 N. Robinson, P.O. Box 1677, Oklahoma City, OK 73101-1677, email brian.clagg@deq.ok.gov, phone (405) 702-8100, or fax (405) 702-8101.
PERSONS WITH DISABILITIES: Persons with disabilities who desire to attend the rulemaking hearing and need an accommodation should notify the contact person three (3) days in advance of the hearing. For hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-782; filed 11-4-21]
TITLE 252. Department of Environmental Quality CHAPTER 690. Water Quality Standards Implementation Notice of proposed PERMANENT rulemaking
Subchapter 1. Introduction
252:690-1-4.1 [AMENDED]
The gist of this rule and the underlying reason for the rulemaking is to ensure the Oklahoma Pollutant Discharge Elimination System (OPDES) is in compliance with the Department's delegation agreement with the Environmental Protection Agency (EPA), and to ensure Oklahoma retains responsibility for administering the National Pollutant Discharge Elimination System (NPDES) Program in Oklahoma. The Department proposes to update
its rules concerning the date of the incorporation by reference for the Code of Federal Regulations from July 1, 2020, to July 19, 2021. The federal regulation updates being incorporated include the Environmental Protection Agency's (EPAs) Clean Water Act Methods Update Rule that became effective July 19, 2021. The rule finalized changes to test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. It is anticipated that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the Clean Water Act methods also incorporates technological advances in analytical technology.
Environmental Quality Board; 27A O.S., § 2-2-101
Water Quality Management Advisory Council; 27A O.S., § 2-2-201; and 27A O.S. §§ 2-6-103 and 2-6-203
Written comments may be submitted to the contact person from December 1, 2021, through January 11, 2022. Oral comments may be made at the Water Quality Management Advisory Council meeting on January 11, 2022, and at the Environmental Quality Board meeting on February 18, 2022.
Before the Water Quality Management Advisory Council on January 11, 2022, at 2:00 p.m. at the Department of Environmental Quality offices, First Floor, 707 N. Robinson, Oklahoma City, OK 73102. If the Council recommends adoption, the proposed rules will be considered by the Environmental Quality Board at its meeting scheduled on Friday, February 18, 2022, at 9:30 a.m. at the DEQ Headquarters, First Floor, 707 N. Robinson Avenue, Oklahoma City, OK 73102.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The DEQ requests that business entities or any other members of the public affected by these rules provide to DEQ (during the comment period) the increase (in dollar amounts if possible) in the level of direct costs (e.g., fees) and indirect costs (e.g., reporting, record keeping, equipment, construction, labor, professional services, revenue loss), or other costs expected to be incurred due to compliance with the proposed rules.
COPIES OF PROPOSED RULES: Brian Clagg, Water Quality Division, 707 N. Robinson, P.O. Box 1677, Oklahoma City, OK 73101-1677, email brian.clagg@deq.ok.gov, phone (405) 702-8100, or fax (405) 702-8101.
PERSONS WITH DISABILITIES: Persons with disabilities who desire to attend the rulemaking hearing and need an accommodation should notify the contact person three (3) days in advance of the hearing. For hearing impaired, the TDD relay number is 1-800-522-8506 or 1-800-722-0353, for TDD machine use only.
[OAR Docket #21-783; filed 11-4-21]
TITLE 325. Oklahoma Horse Racing Commission CHAPTER 40. Veterinarian Practices and Restrictions Notice of proposed PERMANENT rulemaking
325:40-1-2 [AMENDED]
The proposed rule amendments modify definitions.
3A O.S. § 200 et seq.; and Oklahoma Horse Racing Commission
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 2:15 p.m., Thursday, January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-776; filed 11-3-21]
TITLE 325. Oklahoma Horse Racing Commission CHAPTER 45. Prohibited Practices and Equine Testing Notice of proposed PERMANENT rulemaking
325:45-1-2 [AMENDED]
The proposed rule amendments modify definitions.
3A O.S. § 200 et seq.; and Oklahoma Horse Racing Commission
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 2:30 p.m., Thursday, January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-777; filed 11-3-21]
TITLE 325. Oklahoma Horse Racing Commission CHAPTER 60. Running the Race Notice of proposed PERMANENT rulemaking
325:60-1-2 [AMENDED]
325:60-1-20 [AMENDED]
The proposed rule amendments modify definitions and provide for stewards determination of certain interference and placement of horse.
3A O.S. § 200 et seq.; and Oklahoma Horse Racing Commission
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 2:45 p.m., Thursday, January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-778; filed 11-3-21]
TITLE 325. Oklahoma Horse Racing Commission CHAPTER 65. Pari-Mutuel Wagering Notice of proposed PERMANENT rulemaking
Subchapter 1. General Provisions
325:65-1-31.1 [AMENDED]
The proposed rule amendments modify definitions.
3A O.S. § 200 et seq.; and Oklahoma Horse Racing Commission
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 3:00 p.m., Thursday, January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-779; filed 11-3-21]
TITLE 325. Oklahoma Horse Racing Commission CHAPTER 75. Oklahoma-Bred Program Notice of proposed PERMANENT rulemaking
325:75-1-3 [AMENDED]
The proposed rule amendments modify conditions to re-accredit a broodmare in the Oklahoma-Bred broodmare registry.
3A O.S. § 200 et seq.; and Oklahoma Horse Racing Commission
Persons may submit written comments to Kambi Maddy at kambi.maddy@ag.ok.gov, 2800 North Lincoln Boulevard, P.O. Box 528804, Oklahoma City, Oklahoma 73152-8804 during the period beginning December 2, 2021, and ending January 6, 2022.
A public hearing will be held at 3:15 p.m., Thursday, January 6, 2022, in the ODAFF Board Room, located at the Oklahoma Department of Agriculture, Food, and Forestry, 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kambi Maddy at the address listed above during the period beginning December 2, 2021, and ending January 6, 2022.
COPIES OF PROPOSED RULES: Pursuant to 75 O.S. § 303(D), a rule impact statement is available at the address listed above.
Kambi Maddy, (405) 522-5803, e-mail address: at kambi.maddy@ag.ok.gov.
[OAR Docket #21-780; filed 11-3-21]
TITLE 365. Insurance Department CHAPTER 1. Administrative Operations Notice of proposed PERMANENT Rulemaking
Subchapter 1. General Provisions
365:1-1-2. Office of the Insurance Commissioner [AMENDED]
365:1-1-3. Duties of Insurance Commissioner [AMENDED]
365:1-1-4. Requests for information [AMENDED]
365:1-1-2. Updated to remove unnecessary regulations in accordance with Governors EO (2020-03)
365:1-1-3. Updated to reflect relevant statutes.
365:1-1-4. Updated to reflect open records process and use of forms.
Insurance Commissioner; 36 O.S. §§ 307.1, 1541, 1641, 6123, 6958-6968; 59 O.S. § 358
Written or oral comments regarding the proposed rule amendment shall be received on or before 5:00 p.m. on January 5, 2022. Comments shall be directed to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, 400 Northeast 50th Street, Oklahoma City, 73105.
A public hearing regarding the proposed rule amendments will be held Wednesday, January 5th, at 10:00 a.m. at the Oklahoma Insurance Department, 400 NE 50th Street, Room 132, Oklahoma City, OK 73105. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities are requested to provide any increase in costs expected to be incurred due to compliance with the proposed rules. The comments shall be submitted to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, at the mailing address above on or before 5:00 p.m. on January 5, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be inspected at the Oklahoma Insurance Department at the physical address listed above. Office hours are from 8:00 a.m. through 5:00 p.m., Monday through Friday. Copies of the rules may also be inspected and obtained on the Insurance Department's website at www.oid.ok.gov. A rule impact statement will be available on and after December 15, 2021, in accordance with 75 O.S. § 303(D). A copy of the statement may be obtained at the physical address above and will be available on the Insurance Department's website at www.oid.ok.gov. Ashley Scott, Government and Community Affairs Director, (405) 521-6616.
[OAR Docket #21-802; filed 11-8-21]
TITLE 365. Insurance Department CHAPTER 10. Life, Accident and Health Notice of proposed PERMANENT Rulemaking
Subchapter 1. General Provisions
Part 1. General Provisions
365:10-1-17. Life, accident, and health form filings [AMENDED]
Subchapter 5. Minimum Standards; Contract Guidelines
Part 13. Medicare Supplement Insurance Minimum Standards
365:10-5-129. Open enrollment [AMENDED]
365:10-5-129.1. Guaranteed Issue for Eligible Persons [AMENDED]
Appendix PP. Notice of Appeal Rights [AMENDED]
365:10-1-17. Update Address.
365:10-5-129. Help reduce high costs for those eligible for Medicare due to age.
365:10-5-129.1. Help reduce high costs for those eligible for Medicare due to age.
Appendix PP. Update Address.
Insurance Commissioner; 36 O.S. §§ 307.1, 1541, 1641, 6123, 6958-6968; 59 O.S. § 358
Written or oral comments regarding the proposed rule amendment shall be received on or before 5:00 p.m. on January 5, 2022. Comments shall be directed to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, 400 Northeast 50th Street, Oklahoma City, 73105.
A public hearing regarding the proposed rule amendments will be held Wednesday, January 5th, at 10:00 a.m. at the Oklahoma Insurance Department, 400 NE 50th Street, Room 132, Oklahoma City, OK 73105. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business
entities are requested to provide any increase in costs expected to be incurred due to compliance with the proposed rules. The comments shall be submitted to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, at the mailing address above on or before 5:00 p.m. on January 5, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be inspected at the Oklahoma Insurance Department at the physical address listed above. Office hours are from 8:00 a.m. through 5:00 p.m., Monday through Friday. Copies of the rules may also be inspected and obtained on the Insurance Department's website at www.oid.ok.gov. A rule impact statement will be available on and after December 15, 2021, in accordance with 75 O.S. § 303(D). A copy of the statement may be obtained at the physical address above and will be available on the Insurance Department's website at www.oid.ok.gov. Ashley Scott, Government and Community Affairs Director, (405) 521-6616.
[OAR Docket #21-803; filed 11-8-21]
TITLE 365. Insurance Department CHAPTER 15. Property and Casualty Notice of proposed PERMANENT Rulemaking
Subchapter 1. General Provisions
365:15-1-3. Property and casualty form filings [AMENDED]
Subchapter 7. Property and Casualty Competitive Loss Cost Rating Regulation
365:15-7-3. Property and casualty rate, loss cost and manual rule filings [AMENDED]
365:15-1-3. Update Address.
365:15-7-3. Update Address.
Insurance Commissioner; 36 O.S. §§ 307.1, 1541, 1641, 6123, 6958-6968; 59 O.S. § 358
Written or oral comments regarding the proposed rule amendment shall be received on or before 5:00 p.m. on January 5, 2022. Comments shall be directed to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, 400 Northeast 50th Street, Oklahoma City, 73105.
A public hearing regarding the proposed rule amendments will be held Wednesday, January 5th, at 10:00 a.m. at the Oklahoma Insurance Department, 400 NE 50th Street, Room 132, Oklahoma City, OK 73105. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities are requested to provide any increase in costs expected to be incurred due to compliance with the proposed rules. The comments shall be submitted to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, at the mailing address above on or before 5:00 p.m. on January 5, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be inspected at the Oklahoma Insurance Department at the physical address listed above. Office hours are from 8:00 a.m. through 5:00 p.m., Monday through Friday. Copies of the rules may also be inspected and obtained on the Insurance Department's website at www.oid.ok.gov. A rule impact statement will be available on and after December 15, 2021, in accordance with 75 O.S. § 303(D). A copy of the statement may be obtained at the physical address above and will be available on the Insurance Department's website at www.oid.ok.gov. Ashley Scott, Government and Community Affairs Director, (405) 521-6616.
[OAR Docket #21-804; filed 11-8-21]
TITLE 365. Insurance Department CHAPTER 25. Other Licensees Notice of proposed PERMANENT Rulemaking
Subchapter 3. Producers, Brokers, Limited Lines Producers and Vehicle Protection Product Warrantors
365:25-3-15. Variable product licensing [AMENDED]
Subchapter 7. Companies
Part 5. Oklahoma Insurance Holding Company System Regulatory Act
365:25-7-23. Forms: general requirements [AMENDED]
Subchapter 9. Prepaid Funeral Benefits
365:25-9-3. Forms [AMENDED]
Subchapter 15. Captive Insurance Companies Regulation
365:25-15-23. Dormant captive insurance companies [AMENDED]
Subchapter 23. Cemetery Merchandise Trusts
365:25-23-2. Permit required [AMENDED]
365:25-23-5. Trust fund and trustee [AMENDED]
365:25-23-6. Surety bond [AMENDED]
Subchapter 29. Pharmacy Benefit Managers
365:25-29-8. PBM to file certain financial statements with the Commissioner [AMENDED]
Subchapter 31. Reduced Premium Tax Rate for Key Persons [NEW]
365:25-31-1. Purpose [NEW]
365:25-31-2. General requirements [NEW]
Appendix C. Prepaid Funeral Benefits Permit Original Application [REVOKED]
Appendix D. Fidelity Bond [REVOKED]
Appendix M. Application for Renewal of Prepaid Funeral Benefits Permit [REVOKED]
Appendix R. Conversion from Pre-Paid Funeral Trust to Insurance Funded Contracts [REVOKED]
Appendix X. Sellers Notice to the Insurance Commissioner [REVOKED]
Appendix Y. Assumption Affidavit [REVOKED]
365:25-3-15. Updates the exams required for Variable product license.
365:25-7-23. Updates Address for Insurance Department.
365:25-9-3. Updates the requirements for prepaid funeral benefits permit and the forms associated.
365:25-15-23. Updates Captive Insurance Companies Regulations to match statutory changes from 2021.
365:25-23-2. Updates the application process for cemetery merchandise trusts and adds language to match the statutory fee requirements previously set.
365:25-23-5. Adds that any changes to a trust agreement must be submitted to the Commissioner prior to changing.
365:25-23-6. Sets bond form and notice requirements for surety bonds.
365:25-29-8. Ensures that PBM financial statements are audited by an independent CPA and allows for those statements to be submitted by May 1st.
365:25-31-1. Sets forth the purpose and applicability of reduced premium tax rate of Key Persons as set forth in 36 O.S. § 624(A)(2)(a) and (b).
365:25-31-2. Sets forth the general requirements for eligibility.
Appendix C. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Appendix D. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Appendix M. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Appendix R. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Appendix X. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Appendix Y. Updates rules to clarify that the documents required shall be submitted in accordance with the forms and in the manner prescribed by the Commissioner on the Departments website.
Insurance Commissioner; 36 O.S. §§ 307.1, 1541, 1641, 6123, 6958-6968; 59 O.S. § 358
Written or oral comments regarding the proposed rule amendment shall be received on or before 5:00 p.m. on January 5, 2022. Comments shall be directed to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, 400 Northeast 50th Street, Oklahoma City, 73105.
A public hearing regarding the proposed rule amendments will be held Wednesday, January 5th, at 10:00 a.m. at the Oklahoma Insurance Department, 400 NE 50th Street, Room 132, Oklahoma City, OK 73105. Anyone who wishes to speak must sign in at the door by 10:05 a.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities are requested to provide any increase in costs expected to be incurred due to compliance with the proposed rules. The comments shall be submitted to Ashley Scott, Government and Community Affairs Director, Oklahoma Insurance Department, at the mailing address above on or before 5:00 p.m. on January 5, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rule amendments may be inspected at the Oklahoma Insurance Department at the physical address listed above. Office hours are from 8:00 a.m. through 5:00 p.m., Monday through Friday. Copies of the rules may also be inspected and obtained on the Insurance Department's website at www.oid.ok.gov. A rule impact statement will be available on and after December 15, 2021, in accordance with 75 O.S. § 303(D). A copy of the statement may be obtained at the physical address above and will be available on the Insurance Department's website at www.oid.ok.gov. Ashley Scott, Government and Community Affairs Director, (405) 521-6616.
[OAR Docket #21-805; filed 11-8-21]
TITLE 535. Oklahoma State Board of Pharmacy CHAPTER 10. Pharmacists; and Interns, Preceptors and Training Areas Notice of proposed PERMANENT rulemaking
Subchapter 3. Pharmacists
535:10-3-4. Uniform pharmacy continuing education [AMENDED]
Subchapter 11. Pharmacist Administration of Immunizations
535:10-11-1. Purpose [AMENDED]
535:10-11-3. D.Ph. administering of immunizations requirements [AMENDED]
535:10-11-6. Records [AMENDED]
The revision in 535:10-3-4 adds to (n) "Webinars are considered live CE if the pharmacist can ask questions and get answers from the presenter(s) or moderator during the webinar."
The revisions in 535:10-11-1, 535:10-11-3, and 535:10-11-6 modify these sections to bring them into compliance with the statute change in SB398 effective 4/22/2021, see Title 59 OS Section 353.30 (C).
Oklahoma State Board of Pharmacy is the regulatory authority under Title 59 O.S., Sec. 353.7, 353.9, 353.11, 353.16A, 353.18, 353.20, 353.22, 353.24 - 353.26, 353.30 and 364, Title 59 O.S. Sec. 6002 and Title 63 O.S. Section 2-312.25.
The comment period will run from December 1, 2021 through January 14, 2022 at 4:00 p.m. Written comments may be sent to the offices of the Board at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212.
A public hearing will be held to provide an opportunity for persons to orally present their views on January 19, 2022, at 1:30 p.m., in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Written notice of intent to make oral comment must be received by this office no later than January 14, 2022, at 4:00 p.m. COVID protocols; temperature
check, face mask covering nose and mouth, and social distance required.
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the Board, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees and indirect costs such as record keeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred due to compliance with the proposed rule(s).
COPIES OF PROPOSED RULES: Proposed rules are available for review in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Copies may be viewed in our offices or on our website www.pharmacy.ok.gov, or provided at a cost of 25 cents per page. A rule impact statement will be prepared and will be available on and after December 1, 2021, at the location listed above for copies of the proposed rules. It may be viewed in our office, on our website, or copies may be obtained for 25 cents per page.
Dr. Marty Hendrick, Executive Director, Oklahoma State Board of Pharmacy located at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. The Board phone number is (405) 521-3815 and the FAX number is (405) 521-3758.
[OAR Docket #21-807; filed 11-9-21]
TITLE 535. Oklahoma State Board of Pharmacy Notice of proposed PERMANENT rulemaking
Subchapter 3. Pharmacies
535:15-3-9. Non-resident pharmacies [AMENDED]
535:15-3-12. Transfer of prescription refill information [AMENDED]
535:15-3-13. Pharmacist's responsibility in a pharmacy [AMENDED]
Subchapter 10. Good Compounding Practices
Part 3. Good Compounding Practices for Sterile Preparations
535:15-10-54. CSP microbial contamination risk levels [AMENDED]
535:15-10-55. Drug compounding facilities [AMENDED]
535:15-10-65. Compounding of sterile hazardous drugs [AMENDED]
Subchapter 11. Charitable Clinic Pharmacies
535:15-11-1. Charitable clinic pharmacy license [AMENDED]
Subchapter 13. Pharmacy Supportive Personnel
535:15-13-4. Pharmacy technician qualifications and training [AMENDED]
535:15-13-5. Supervision of pharmacy technicians [AMENDED]
535:15-13-6. Duties [AMENDED]
Subchapter 16. Pharmacy Emergency Medication Kits for Use in a Facility
535:15-16-3. Licensing requirements [AMENDED]
535:15-16-4. Policies and procedures for use of emergency medication kit drugs [AMENDED]
535:15-16-5. Security [AMENDED]
535:15-16-6. Drug categoriesDrugs allowed in emergency medication kits [AMENDED]
Subchapter 17. Nuclear Pharmacy
535:15-17-7. Minimum equipment [AMENDED]
The revision in 535:15-3-9 (c) (1) clarify and ass (4) and (5) add pharmacist in charge requirements for non-resident pharmacies.
The revision in 535:15-3-13 (c) clarifies a pharmacist's right not to fill a valid prescription.
The change in 535:15-10-54 (h) (3) adds daily documentation of humidity in areas where sterile products or sterile preparations are stored or compounded.
The change in 535:15-10-55 (g) (10) and (11) regarding cleaning logs, cleaning frequency and cleaning requirements
are updated and clarified.
The revision in 535:15-10-65 adds new (m) and (n) regarding rules on hazardous drug spills management, policies procedures, and location of spill kits and cleanup materials.
The revision in 535:15-13-4 (a) add HiSet Examination to minimum education and clarify language regarding good moral character.
The revision in 535:15-13-6 adds a new (12) regarding pharmacy technician duties in a filling dispensing and distribution systems in a licensed retail pharmacy.
The revision in 535:15-16-3 clarify emergency medication kit licensing requirements and that the kit permit expires at the same date as the pharmacy license.
The revision in 535:15-16-4 (f), (g) and (h) update policies and procedures to deal with issues as a result of COVID19 in caring for patients in facilities and in the handling of drugs where these residents must be protected from exposure.
The revision in 535:15-16-4 and 535:15-16-5 update who may access or resupply emergency medication kits.
The revision in 535:15-16-6 changes what drugs may be maintained in an emergency medication kit based on lessons learned in dealing with COVID in facilities.
The revision in 535:15-17-7 (a) cleans up language, adding (6) and (7), removing (8), (10) and (11).
Oklahoma State Board of Pharmacy is the regulatory authority under Title 59 O.S., Sec. 353.7, 353.11 - 353.20.1, 353.22, 353.24 - 353.26 - 354, and 367.8.
The comment period will run from December 1, 2021 through January 14, 2022, at 4:00 p.m. Written comments may be sent to the offices of the Board at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212.
A public hearing will be held to provide an opportunity for persons to orally present their views on January 19, 2022, at 1:30 p.m., in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Written notice of intent to make oral comment must be received by this office no later than January 14, 2022, at 4:00 p.m. COVID protocols; temperature check, face mask covering nose and mouth, and social distance required.
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the Board, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees and indirect costs such as record keeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred due to compliance with the proposed rule(s).
COPIES OF PROPOSED RULES: Proposed rules are available for review in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Copies may be viewed in our offices or on our website www.pharmacy.ok.gov, or provided at a cost of 25 cents per page. A rule impact statement will be prepared and will be available on and after December 1, 2021, at the location listed above for copies of the proposed rules. It may be viewed in our office, on our website, or copies may be obtained for 25 cents per page.
Dr. Marty Hendrick, Executive Director, Oklahoma State Board of Pharmacy located at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. The Board phone number is (405) 521-3815 and the FAX number is (405) 521-3758.
[OAR Docket #21-808; filed 11-9-21]
TITLE 535. Oklahoma State Board of Pharmacy CHAPTER 20. Manufacturers, Repackagers, Outsourcing Facilities, Wholesalers, Third-Party Logistics Providers, and Medical Gas Suppliers and Distributors Notice of proposed PERMANENT rulemaking
Subchapter 6. Outsourcing Facilities
535:20-6-6. Personnel [AMENDED]
The revision 535:20-6-6 (d) - (i) describe the pharmacy and pharmacist in charge (PIC) requirements for outsourcing facilities.
Oklahoma State Board of Pharmacy is the regulatory authority under Title 59 O.S., Sec. 353.7, 353.11 - 353.20.1, 353.22, 353.24 - 354, and 367.8; Title 51 OS 24A et seq.; Title 75 OS, Sec 2-201, 2-208, and 2-210.
The comment period will run from December 1, 2021 through January 14, 2022, at 4:00 p.m. Written comments may be sent to the Board offices at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212.
A public hearing will be held to provide an opportunity for persons to orally present their views on January 19, 2022, at 1:30 p.m., in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Written notice of intent to make oral comment must be received by this office no later than January 14, 2022, at 4:00 p.m.
COVID protocols; temperature check, face mask covering nose and mouth, and social distance required.
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the Board, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees and indirect costs such as record keeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred due to compliance with the proposed rule(s).
COPIES OF PROPOSED RULES: Proposed rules are available for review in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Copies may be viewed in our offices or on our website www.pharmacy.ok.gov, or provided at a cost of 25 cents per page. A rule impact statement will be prepared and be available on and after December 1, 2021, at the location listed above for copies of the proposed rules. It may be viewed in our office, on our website, or copies may be obtained for 25 cents per page.
Dr. Marty Hendrick, Executive Director, Oklahoma State Board of Pharmacy located at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. The Board phone number is (405) 521-3815 and the FAX number is (405) 521-3758.
[OAR Docket #21-809; filed 11-9-21]
TITLE 535. Oklahoma State Board of Pharmacy CHAPTER 25. Rules Affecting Various Registrants Notice of proposed PERMANENT rulemaking
Subchapter 3. Applicants, Registrants, and Applications
535:25-3-8. Requirements for Licensees [AMENDED]
Subchapter 9. Violations of the Rules of Registrant Conduct
535:25-9-13. Auto refills [AMENDED]
The changes in rule 535:25-3-8 (d) clarify that a licensee reprersentative shall sign the pharmacy Board inspection report upon completion and shall be responsible to assure that issues noted, if any, are resolved. The revision in 535:25-9-13 requires registrants to document the patient or patient's agent authorization to do prescription auto refills.
Oklahoma State Board of Pharmacy is the regulatory authority under Title 59 O.S., Sec. 353.7, 353.11 - 353.20.1, 353.22, 353.24 - 353.26 - 354, and 367.8; Title 51 OS 24A et seq.; Title 75 OS, Sec 2-201, 2-208, and 2-210.
The comment period will run from December 1, 2021 through January 14, 2022, at 4:00 p.m. Written comments may be sent to the Board offices at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212.
A public hearing will be held to provide an opportunity for persons to orally present their views on January 19, 2022, at 1:30 p.m., in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Written notice of intent to make oral comment must be received by this office no later than January 14, 2022, at 4:00 p.m. COVID protocols; temperature check, face mask covering nose and mouth, and social distance required.
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the Board, within the comment period, in dollar amounts if possible, the increase in the level of direct costs such as fees and indirect costs such as record keeping, equipment, construction, labor, professional services, revenue loss, or other costs expected to be incurred due to compliance with the proposed rule(s).
COPIES OF PROPOSED RULES: Proposed rules are available for review in our office at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. Copies may be viewed in our offices or on our website www.pharmacy.ok.gov, or provided at
a cost of 25 cents per page. A rule impact statement will be prepared and will be available on and after December 1, 2021, at the location listed above for copies of the proposed rules. It may be viewed in our office, on our website, or copies may be obtained for 25 cents per page.
Dr. Marty Hendrick, Executive Director, Oklahoma State Board of Pharmacy located at 2920 N Lincoln Boulevard Suite A, Oklahoma City, OK 73105-4212. The Board phone number is (405) 521-3815 and the FAX number is (405) 521-3758.
[OAR Docket #21-810; filed 11-9-21]
TITLE 730. Department of Transportation CHAPTER 10. Department Programs Notice of proposed PERMANENT rulemaking
Subchapter 23. County Improvements for Roads and Bridges Program
730:10-23-4. Use of Funds [AMENDED]
730:10-23-5. Project eligibility and approval [AMENDED]
730:10-23-6. Request for funds [AMENDED]
730:10-23-7. Project selection [AMENDED]
730:10-23-8. Programming of projects [AMENDED]
The proposed rulemaking actions are to bring these rules up to date and in agreement with current Department processes and procedures as well as Circuit Engineering District county participation.
Oklahoma Transportation Commission; 23 U.S.C. 101 et seq.; 69 O.S., §§ 101, 301, 303, 304, 312, 317, 318, 401, 403 through 409, 411, 412, 501, 502, 507, 601, 636.1 through 636.7, 656, 657, 659 through 662, 665, 689, 701, 1502, 1507, 1511, and 4002; P.L. 104-59 § 350]
[Source: Codified 12-31-91
Persons wishing to present their views in writing may do so before 5:00 p.m. on January 3, 2022 at the following address: Tara Brown, Office of the Director, 200 NE 21st Street, Oklahoma City, OK 73105, or tlbrown@odot.org.
A public hearing has not been scheduled; however, pursuant to 75 O.S., §303 (B) (9), "persons may demand a hearing" by contacting Tara Brown at (405) 522-8151 or tlbrown@odot.org no later than 5:00pm on January 3, 2022.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Department requests that business entities affected by these proposed rules provide the Department, within the comment period, any costs expected to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Tara Brown, at the above address, before the close of the comment period on January 3, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the Department of Transportation, Tara Brown, 200 NE 21st Street, Oklahoma City, OK 73105 or sent electronically by sending request to: tlbrown@odot.org
Pursuant to 75 O.S., §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Department of Transportation at the above address beginning December 1, 2021.
Tara Brown, Coordinator of Executive Administration, (405) 522-8151
[OAR Docket #21-788; filed 11-5-21]
TITLE 730. Department of Transportation CHAPTER 15. Highway Planning Notice of proposed PERMANENT rulemaking
Subchapter 3. Highway and Bridge Signage
730:15-3-1. Commission dedications and commendations [AMENDED]
The proposed rulemaking action is to bring this rule in compliance with statue 69 O.S., 2011 §1600.1 which has removed the length of time requirement.
Oklahoma Transportation Commission; 23 CFR 470.109; 49 CFR 1.48(b)(2); 23 U.S.C. 103(b)(2), 103(e)(1) through (e)(3), 103(f), 134, 135, and 315.
Persons wishing to present their views in writing may do so before 5:00 p.m. on January 3, 2022 at the following address: Tara Brown, Office of the Director, 200 NE 21st Street, Oklahoma City, OK 73105, or tlbrown@odot.org.
A public hearing has not been scheduled; however, pursuant to 75 O.S., §303 (B) (9), "persons may demand a hearing" by contacting Tara Brown at (405) 522-8151 or tlbrown@odot.org no later than 5:00pm on January 3, 2022.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the Department of Transportation, Tara Brown, 200 NE 21st Street, Oklahoma City, OK 73105 or sent electronically by sending request to: tlbrown@odot.org
Pursuant to 75 O.S., §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Department of Transportation at the above address beginning December 1, 2021.
Tara Brown, Coordinator of Executive Administration, (405)522-8151
[OAR Docket #21-789; filed 11-5-21]
TITLE 730. Department of Transportation CHAPTER 25. Highway Contractors Notice of proposed PERMANENT rulemaking
Subchapter 3. Contractor Prequalification and Proposals
730:25-3-1. Prequalification [AMENDED]
The proposed rulemaking action is to reflect process changes pertaining to the Department's prequalification requirements.
Oklahoma Transportation Commission; 25 O.S., §1313;61 O.S.,§§ 1, and §§101 et seq;69 O.S., §§ 101, 301, 303, 304, 312, 622, 1101, and 4006; 75 O.S.,§§ 302, and 309 et seq.
Persons wishing to present their views in writing may do so before 5:00 p.m. on January 3, 2022 at the following address: Tara Brown, Office of the Director, 200 NE 21st Street, Oklahoma City, OK 73105, or tlbrown@odot.org.
A public hearing has not been scheduled; however, pursuant to 75 O.S., §303 (B) (9), "persons may demand a hearing" by contacting Tara Brown at (405) 522-8151 or tlbrown@odot.org no later than 5:00pm on January 3, 2022.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: The Department requests that business entities affected by these proposed rules provide the Department, within the comment period, any
costs expected to be incurred due to compliance with the proposed rules. Business entities may submit this information in writing to Tara Brown, at the above address, before the close of the comment period on January 3, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the Department of Transportation, Tara Brown, 200 NE 21st Street, Oklahoma City, OK 73105 or sent electronically by sending request to: tlbrown@odot.org
Pursuant to 75 O.S., §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Department of Transportation at the above address beginning December 1, 2021.
Tara Brown, Coordinator of Executive Administration, (405)522-8151
[OAR Docket #21-790; filed 11-5-21]
TITLE 730. Department of Transportation CHAPTER 30. Highway Design Notice of proposed PERMANENT rulemaking
Subchapter 5. Consulting Engineering Services
730:30-5-1. Department consultant contracts [AMENDED]
The proposed rulemaking action is to bring this rule up to date and in agreement with current Department processes and procedures.
Oklahoma Transportation Commission; 61 O.S., §§ 60 et seq.; 69 O.S., §§ 101, 301, 303, 304, 689, 701, 708.2, 1210, 1401 et seq., 4002, and 4006; 47 O.S., §§ 14-118, 14-101 et seq., and 1129; 23 U.S.C. 101, 127 and 315; 49 U.S.C. 101 through 113; 23 CFR 658
Persons wishing to present their views in writing may do so before 5:00 p.m. on January 3, 2022 at the following address: Tara Brown, Office of the Director, 200 NE 21st Street, Oklahoma City, OK 73105, or tlbrown@odot.org.
A public hearing has not been scheduled; however, pursuant to 75 O.S., §303 (B) (9), "persons may demand a hearing" by contacting Tara Brown at (405) 522-8151 or tlbrown@odot.org no later than 5:00pm on January 3, 2022.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the Department of Transportation, Tara Brown, 200 NE 21st Street, Oklahoma City, OK 73105 or sent electronically by sending request to: tlbrown@odot.org
Pursuant to 75 O.S., §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Department of Transportation at the above address beginning December 1, 2021.
Tara Brown, Coordinator of Executive Administration, (405) 522-8151
[OAR Docket #21-791; filed 11-5-21]
TITLE 730. Department of Transportation CHAPTER 35. Maintenance and Control of State Highway System Notice of proposed PERMANENT rulemaking
Subchapter
1. Maintenance
730:35-1-4. Maintenance responsibilities [AMENDED]
730:35-1-11. Department maintenance within municipalities [AMENDED]
Subchapter 5. Highway Advertising Control
730:35-5-3. Definitions [AMENDED]
Subchapter 7. Traffic Control Devices
730:35-7-3. Traffic control responsibilities [AMENDED]
Subchapter 13. Freeway Signing Supplement Guide Signs
730:35-13-4. Tourist oriented directional signs (TODS) [AMENDED]
The proposed rulemaking action is to bring these rules up to date and in agreement with current Department processes and procedures.
Oklahoma Transportation Commission; 47 O.S., §§ 11-202, 11-203, 11-204, 11-204.1, 11-205, 11-307, 11-308, 11-313, 11-701, 11-702, 11-703, 11-802, 11-1301, 11-1302, 15-104, 15-105, and 15-108; 69 O.S., §§ 212, 218, 226, 232, 304, 501, 502, 504, 701, 901, 1208, 1209, 1210, 1213, 1251 et seq., 1271 et seq., 1502, 1510, 1403, 1903, 4002, and 4021 et seq.; 74 O.S., § 3117; 23 U.S.C. 131, 135, and 136; 23 CFR 750 and 751
Persons wishing to present their views in writing may do so before 5:00 p.m. on January 3, 2022 at the following address: Tara Brown, Office of the Director, 200 NE 21st Street, Oklahoma City, OK 73105, or tlbrown@odot.org.
A public hearing has not been scheduled; however, pursuant to 75 O.S., §303 (B) (9), "persons may demand a hearing" by contacting Tara Brown at (405) 522-8151 or tlbrown@odot.org no later than 5:00pm on January 3, 2022.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules may be obtained from the Department of Transportation, Tara Brown, 200 NE 21st Street, Oklahoma City, OK 73105 or sent electronically by sending request to: tlbrown@odot.org
Pursuant to 75 O.S., §303(D), a rule impact statement will be prepared and may be obtained from the Oklahoma Department of Transportation at the above address beginning December 1, 2021.
Tara Brown, Coordinator of Executive Administration, (405) 522-8151
[OAR Docket #21-792; filed 11-5-21]
TITLE 775. Board of Veterinary Medical Examiners CHAPTER 5. Purpose and Procedures Notice of proposed PERMANENT rulemaking
Subchapter 1. Purpose and Definitions [AMENDED]
The proposed revision to chapter 5 include a definition for Program for the Assessment of Veterinary Education Equivalence (PAVE); this is another pathway for graduates of a non-American Veterinary Medical Association accredited school to become licensed in Oklahoma.
59 O.S. Supp.2009, SEC. 698.1 et seq.; Board of Veterinary Medical Examiners
Written comments will be accepted December 1, 2021 through January 10, 2022, at: Oklahoma Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105, Attn: Cathy Kirkpatrick.
Public Hearing is scheduled on February 18, 2022, 2:00p.m.at the Office of the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma
City, Oklahoma 73105. Telephone 405-522-8838
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Cathy Kirkpatrick at the above address during the period from December 1, 2021 through January 10, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be viewed on the agency's website located at www.okvetboard.com and copies may be obtained from the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838 or by email request to Cathy Kirkpatrick cathyk@okvetboard.ok.gov. The rule impact statement may be obtained from the Office of the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838. or by email request to Cathy Kirkpatrick cathyk@okvetboard.ok.gov.
Cathy Kirkpatrick (405) 522-8838
[OAR Docket #21-768; filed 11-1-21]
TITLE 775. Board of Veterinary Medical Examiners CHAPTER 10. Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians Notice of proposed PERMANENT rulemaking
Subchapter 3. Licensure of Veterinarians [AMENDED]
Subchapter 5. Rules of Professional Conduct [AMENDED]
Subchapter 7. Certification of Veterinary Technicians [AMENDED]
Subchapter 8. Certification of Euthanasia Technicians [AMENDED]
The proposed revisions to chapter 10 include allowance of web based material for the continuing education; all DEA registrants require additional one hour continuing education in opioids addiction/pain management; any Oklahoma State College of Veterinary Medicine continuing education will qualify; deletion of outdated continuing education language and addition of PAVE as alternate pathway to licensure. Additional language necessary for certain tests in approving a treatment modality of licensees that may be impaired; addition of municipal under the failure to report and adding cruelty of animals as a violation under unprofessional conduct. Deletion of outdated unnecessary language for applications and certifications. Deletion of outdated language for euthanasia technicians.
59 O.S. Supp.2009, SEC. 698.1 et seq.; Board of Veterinary Medical Examiners
Written comments will be accepted December 1, 2021 through January 10, 2022, at: Oklahoma Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105, Attn: Cathy Kirkpatrick.
Public Hearing is scheduled on February 18, 2022, 2:00p.m.at the Office of the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Cathy Kirkpatrick at the above address during the period from December 1, 2021 through January 10, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be viewed on the agency's website located at www.okvetboard.com and copies may be obtained from the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838 or by email request to Cathy Kirkpatrick cathyk@okvetboard.ok.gov. The rule impact statement may be obtained from the Office of the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838 or by email request to Cathy Kirkpatrick cathyk@okvetboard.ok.gov.
Cathy Kirkpatrick, Executive Director, (405) 522-8838 cathyk@okvetboard.ok.gov
[OAR Docket #21-769; filed 11-1-21]
TITLE 775. Board of Veterinary Medical Examiners CHAPTER 26. Wholesaler/Distributor of Veterinary Prescription Drugs Notice of proposed PERMANENT rulemaking
775:26-1-1. Distribution of veterinary prescription labeled drugs [AMENDED]
The proposed revision to Chapter 26 deletes published sections previously deleted from the Oklahoma Pharmacy Act.
59 O.S. Supp.2009, SEC. 698.1 et seq.; Board of Veterinary Medical Examiners
Written comments will be accepted December 1, 2021 through January 10, 2022 at: Oklahoma Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105, Attn: Cathy Kirkpatrick.
Public Hearing is scheduled on February 18, 2022, 2:00p.m.at the Office of the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES: Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Cathy Kirkpatrick at the above address during the period from December 1, 2021, through January 10, 2022.
COPIES OF PROPOSED RULES: Copies of the proposed rules may be viewed on the agency's website located at www.okvetboard.com and copies may be obtained from the Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838 or by email request to Cathy Kirkpatrick cathyk@okvetboard.ok.gov. The rule impact statement may be obtained from the Oklahoma Board of Veterinary Medical Examiners, 2920 N Lincoln Blvd, Suite C, Oklahoma City, Oklahoma 73105. Telephone 405-522-8838
Cathy Kirkpatrick, Executive Director (405) 522-8838
[OAR Docket #21-770; filed 11-1-21]
TITLE 800. Department of Wildlife Conservation CHAPTER 10. Sport Fishing Rules Notice of proposed PERMANENT rulemaking
Subchapter 1. Harvest and Possession Limits [AMENDED]
Subchapter 5. Area Restrictions and Special Fees [AMENDED]
The proposed rule changes include a modification of the statewide size limit for largemouth and smallmouth basses by removing the fourteen (14) inch length limit and replacing it with a one over maximum length limit (16 inches). This rule also includes a black bass tournament exemption until weigh-in, after which the fish must be released. The statewide bag limit for largemouth and smallmouth basses will be restored for Lake Murray and waters in the Wichita Mountains Wildlife Refuge. The lower Mountain Fork River trout area trout bag limit will be modified to include only one brown trout which must be thirty (30) inches or greater and the downstream section of the trout area will be re-established as a trophy area. The daily bag limit of forked-tail catfish will be modified to six (6) below Carlton Lake in the Fourche Maline River to the Robbers Cave State Park boundary. Modifications to possession limits for fish include housekeeping measures, corrections, deletion of a redundant definition, and other changes including how the Department will convey
aquatic nuisance species restricted waters. Other modifications include changes allowing for fish parts or remains to be used as bait and a customer ID labeling requirement for containers used to store live fish in the field.
Title 29 O.S., Section 3-103, 5-401. Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission.
Persons wishing to present their views in writing may do so on or before 4:30 p.m., January 7, 2022, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at www.wildlifedepartment.com. Date: January 6, 2022
Time: 7:00 p.m.
Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.
Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after December 9, 2021 at the above address for the Oklahoma Department of Wildlife Conservation.
Barry Bolton, Chief of Fisheries Division, 405/521-3721 or Rhonda Hurst, APA Liaison, 405/522-6279.
[OAR Docket #21-784; filed 11-4-21]
TITLE 800. Department of Wildlife Conservation CHAPTER 20. Restriction on Aquatic Species Introduction Notice of proposed PERMANENT rulemaking
Subchapter 1. Restricted Exotic Fish [AMENDED]
The proposed modification provide for the inclusion of the marbled crayfish on the Department's list of restricted aquatic species which is used to limit the spread of invasive and potentially harmful aquatic species.
Title 29 O.S., Section 3-103, 5-401. Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission.
Persons wishing to present their views in writing may do so on or before 4:30 p.m., January 7, 2022, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at www.wildlifedepartment.com. Date: January 6, 2022
Time: 7:00 p.m.
Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.
Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after December 9, 2021 at the above address for the Oklahoma Department of Wildlife Conservation.
Barry Bolton, Chief of Fisheries Division, 405/521-3721 or Rhonda Hurst, APA Liaison, 405/522-6279.
[OAR Docket #21-785; filed 11-4-21]
TITLE 800. Department of Wildlife Conservation CHAPTER 25. Wildlife Rules Notice of proposed PERMANENT rulemaking
Subchapter 3. Hunting on Corps of Engineers Lands [AMENDED]
Subchapter 7. General Hunting Seasons [AMENDED]
Subchapter 9. Controlled Hunts [AMENDED]
Subchapter 3 - These rules will clarify the time periods for the Hugo Lake and Pine Creek Lake controlled hunts, change the restriction to archery and shotgun with pellets for a 475 acre unit at Hugo Lake, and add additional hunting areas at Pine Creek Lake.
Subchapter 7 - Remove "either sex" from the fall archery turkey hunting bag limit, and remove bag limit for fall turkey gun hunting and legal means of take language and place these into the Oklahoma Fishing and Hunting Regulations; allow the Commission by resolution to set squirrel season dates, and open squirrel season year-round for Falconry; define trap placement, trap checking requirements and posting of sign; revise legal means of taking for trapping to allow 8.5" circumference traps, colony traps, fully submerged body-grip sets on private land only, and increase river otter season limit to 6; Allow nonresident fur dealers to transact business at specific locations, and clarify language on vehicle decal placement for fur dealers, revoke duplicative furbearer language; revise language for WMA's to be consistent with recent changes (no harvest of hen turkeys and shotgun only gun hunting) for wild turkeys, which will now be published in the Oklahoma Fishing and Hunting regulations; change quail season closing date to January 31st and open trapping to statewide trapping regulations from February 1 to the end of February on western Oklahoma WMA's; establish permanent rules on the Barren Fork WMA in Adair county; establish rules for a new waterfowl refuge portion on Grassy Slough WMA; close quail season on January 31st on Hackberry Flat WMA; close quail season on Hackberry Flat WRP; open trapping opportunities on Lexington WMA; change spring turkey season to controlled hunts only, remove restriction on rabbit season, change fall turkey season to closed season, open deer archery season to same as statewide season dates, and close quail season on January 31st on Optima NWR; close quail season on January 31st on Washita NWR; and update language for OLAP properties to match new turkey season regulations and closing dates.
Subchapter 9 - Clarify the qualifications for private lands youth hunts by reducing the minimum acreage requirement to 320 acres and allowing ODWC to disapprove applications if a property doesn't provide a safe or reasonable opportunity.
Title 29 O.S., Section 3-101, 3-103, 3-312, 4-130, 5-401, 5-406; Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission.
Persons wishing to present their views in writing may do so on or before 4:30 p.m. on January 7, 2022, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at www.wildlifedepartment.com. Date: January 6, 2022
Time: 7:00 p.m.
Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.
Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after December 9, 2021 at the above address for the Oklahoma Department of Wildlife Conservation.
Bill Dinkines, Chief of Wildlife Division, 405/521-2739 or Rhonda Hurst, APA Liaison, 405/522-6279.
[OAR Docket #21-786; filed 11-4-21]
TITLE 800. Department of Wildlife Conservation CHAPTER 30. Department of Wildlife Lands Manangement Notice of proposed PERMANENT rulemaking
Subchapter 1. Use of Department Managed Lands [AMENDED]
Subchapter 1 - Opens Vann's Lake Refuge to fishing access from Feb 1 - October 14; removes obsolete language for Robbers Cave WMA; closes Selman Bat Cave property to open access; clarifies language restricting number of days camping is allowed on WMA's, leaving camping equipment on WMA's and labeling camping equipment used on WMA's; removes the word "Hills" from Cookson WMA; and establishes camping regulations on Barren Fork WMA.
Title 29 O.S., Section 3-101, 3-103, 5-401, Executive Order 2020-03; Article XXVI, Section 1 and 3 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission.
Persons wishing to present their views in writing may do so on or before 4:30 p.m., January 7, 2022, at the following address: Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105 (PO Box 53465, Oklahoma City, OK 73152) or online at www.wildlifedepartment.com. Date: January 6, 2022
Time: 7:00 p.m.
Oklahoma City - OK Department of Wildlife Conservation, 1801 N. Lincoln Blvd., Oklahoma City, OK
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: N/A
COPIES OF PROPOSED RULES: Copies of the proposed rules will be available to the public at 1801 N. Lincoln Blvd., Oklahoma City, OK 73105.
Pursuant to 75 O.S., 303(D), a rule impact statement is being prepared and will be available for review after December 9, 2021 at the above address for the Oklahoma Department of Wildlife Conservation.
Bill Dinkines, Chief of Wildlife Division, 405/521-2739 or Rhonda Hurst, APA Liaison, 405/522-6279.
[OAR Docket #21-787; filed 11-4-21]
"If an agency finds that a rule is necessary as an emergency measure, the rule may be promulgated" if the Governor approves the rules after determining "that the rule is necessary as an emergency measure to do any of the following:
a. protect the public health, safety or welfare,
b. comply with deadlines in amendments to an agency’s governing law or federal programs,
c. avoid violation of federal law or regulation or other state law,
d. avoid imminent reduction to the agency’s budget, or
e. avoid serious prejudice to the public interest." [75 O.S., Section 253(A)]
An emergency rule is considered promulgated immediately upon approval by the Governor, and effective immediately upon the Governor’s approval or a later date specified by the agency in the emergency rule document. An emergency rule expires on September 15 following the next regular legislative session after its promulgation, or on an earlier date specified by the agency, if not already superseded by a permanent rule or terminated through legislative action as described in 75 O.S., Section 253(H)(2).
Emergency rules are not published in the Oklahoma Administrative Code; however, a source note entry, which cites to the Register publication of the emergency action, is added to the Code upon promulgation of a superseding permanent rule or expiration/termination of the emergency action.
For additional information on the emergency rulemaking process, see 75 O.S., Section 253.
TITLE 175. State Board of Cosmetology and Barbering CHAPTER 1. Administrative Operations EMERGENCY adoption
Subchapter 1. General Provisions
175:1-1-2. Definitions
[AMENDED]
59 O.S. § 199.1; 59 O.S. § 199.3; 59 O.S. § 199.7; State Board of Cosmetology and Barbering
September 13, 2021
Immediately upon Governor's approval
November 1, 2021
Effective through September 14, 2022, unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The rule is necessary as an emergency measure pursuant to 75 O.S. § 253(A)(1)(a) and (e) to protect the public health, safety and welfare and avoid serious prejudice to the public interest by regulating the practice of threading through creation of a limited specialty cosmetology license. The rule establishes safety and sanitation requirements in light of the COVID-19 pandemic.
The Oklahoma State Board of Cosmetology and Barbering ("OSBCB" or "the Board") proposes the rule additions and modifications referenced above in order to create a limited specialty cosmetology license for Threading Technicians (hereinafter, the "Threading License"). The proposed rules provide: the definitions for Threading and Threading Technician; the examination requirements for the Threading License; regulations on the performance of Threading; and additional regulations related to disinfection precautions and sanitary practices.
John Funderburk, Oklahoma, State Board of Cosmetology and Barbering. Tel. 405-522-7616, John.Funderburk@cosmo.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F): SUBCHAPTER 1. General Provisions The terms and phrases defined in the Oklahoma Cosmetology Act shall have the same meaning when applied in the rules which are herein set forth in this Chapter to substantiate the Cosmetology and Barbering Law. The following rules and terms shall have the same meaning, unless the context clearly indicates otherwise:
"Act" means the Oklahoma Cosmetology and Barbering Act.
"Apprentice" means a person who is engaged in learning the practice of cosmetology or barbering in a cosmetology or barber establishment. [Title 59 O.S. Section 199.1]
"Assigned practice or clinic work" means demonstrations and lesson practice in which services may be performed on patron, student or model on clinic floor in classroom for the benefit of student observation, notes, etc. The practice or demonstration shall be assigned by or with approval of the instructor in charge and materials/supplies used for the education demonstration are the responsibility of the school.
"Barber/Barber Stylist" means any person who engages in the practice of barbering.
"Barber Establishment" means an Establishment or place of business where one or more persons are engaged in the practice of barbering but shall not include barber schools or colleges.
"Barbering" means any one or combination of practices done upon the upper part of the human body for cosmetic purposes and when done for payment either directly or indirectly for the general public, constitutes the practice of barbering, to wit: shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatment with oils, creams, lotions or other preparations, either by hand or mechanical appliances; singeing, shampooing or applying lighteners or color to the hair, applying hair tonics; applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or upper part of the body, but excluding the application of makeup; and removing superfluous hair from the face, neck or upper part of the body.
"Barber school or college" means an Establishment operated for the purpose of teaching barbering.
"Board" means the State Board of Cosmetology and Barbering.
"Clean" means removal of surface and/or visible debris by using soap, detergent or chemical "cleaner", followed by a clean water rinse.
"Clock hour" means a measure of time determined to be sixty (60) minutes that a student spends in an educational or training activity.
"Contact time" means the amount of moist contact time required for a disinfectant to be effective against the pathogens on the label. Clean items or surfaces must remain completely immersed or visibly wet (sprays, wipes) for full contact time to be effective.
"Cosmetic studio" means any place or premises where demonstrators give demonstrations, without compensation, for the purpose only of advertising and selling cosmetics.
"Cosmetician" means a person licensed by the Board to perform patron services limited to hair arranging and application of make-up, including, but not limited to using hairstyling tools and products. Services must be performed in a licensed establishment.
"Cosmetologist" means any person who engages in, follows or performs any of the practices of cosmetology.
"Cosmetology" means any one or combination of practices generally and usually performed by and known as the occupation of beauticians, beauty culturists, beauty operators, cosmeticians, cosmetologists, or hairdressers, or any other person holding himself or herself out as practicing cosmetology by whatever designation and within the meaning of the Oklahoma Cosmetology and Barbering Act and in or upon whatever place or premises. Cosmetology shall include, but not limited to, any one or combination of the following practices: bleaching, cleansing, curling, cutting, coloring, dressing, removing, singeing, styling, waving or similar work upon the hair of any person by any means, whether with hands or mechanical or electrical apparatus or appliances. Nothing in the Oklahoma Cosmetology and Barbering Act shall be construed to prohibit the use of hands or mechanical or electrical apparatus or appliances for the non-permanent removal of hair from the human body without puncturing of the skin or the use of stimulating exercising, beautifying or similarly working the scalp, face, neck, arms or the manicuring of the nails of any person, exclusive of such of the foregoing practice as are within the scope of practice of the healing arts as provided by law.
"Cosmetology Establishment" means an Establishment or place of business where one or more persons are engaged in the practice of cosmetology but shall not include barber schools and colleges.
"Cosmetology or Barber school" means a school or department that is approved by the Board to conduct and provide cosmetology and/or barber training and education in Oklahoma. It means any place or premises where instruction in any or all the practices of cosmetology and or barbering are given. Any person, firm, institution or corporation, who holds himself, firm, institution or corporation who shall teach and train any other person or persons in any of the practices of cosmetology and/or barbering is hereby declared to be engaged in operating a cosmetology and/or barbering school, and shall be operating cosmetology and/or barbering school, and shall be subject to the provisions of the Oklahoma Cosmetology and Barbering Act. Licensed cosmetology and barbering schools may offer education to secondary and post secondary students in this state.
"Credit hour" means a unit of value awarded to a student for successful completion of a program, course or course lesson and credit to clock ratio as recognized by the United States Department of Education or a regional or national accreditation entity recognized by the United States Department of Education.
"Demonstrator" means a person who is not licensed in this state as a Cosmetologist, Barber or Instructor and who demonstrates any cosmetic preparation. The person shall be required to obtain a Demonstrator license from the Board before making any such demonstrations.
"Disinfect" means the process of making a non-porous item safe for use. Requires the use of a chemical intended to kill or denature a bacteria, virus or fungus. Proper disinfection requires adherence to manufacturers label with regard to concentration and contact time. UV light is not acceptable disinfection.
"Dry sanitizer" means a clean, dry, closed (covered) cabinet, drawer, chest or other type container used in a cosmetology/barber establishment or school for the purpose of storing clean, dry disinfected combs, brushes and other implements without fumigant after the articles have been cleaned and disinfected in a wet sanitizer (or by other approved method in the case of metal implements).
"Emergency circumstances" means a serious injury, illness or death in the immediate family of applicant for registration, examination, licensure, etc.
"Establishment" means a place or premises, cosmetology salon or barber shop, cosmetic or other specialty shop/salon where any one or combination of cosmetology or barbering practices are performed on the public except that the term shall not include a cosmetology or barbering school.
"Esthetician/Facialist/Facial Operator" means a person licensed by the Board to perform skin care, make-up and hair removal services to the public provided the hair removal services shall not include electrolysis.
"Facial/Esthetics Instructor" means a person licensed by the Board as a qualified teacher of the art and science of skin care theory and practice.
"Hairbraiding Technician" means a person certified by the Board to perform hairbraiding, hairweaving techniques, and hair extensions in a licensed cosmetology establishment.
"Hybrid learning" means courses that combine face-to-face classroom instruction with on-line computer based learning.
"Manicurist/Nail Technician" means a person licensed by the Board to perform nail care services to the public in a place licensed by the Board where nail care/manicuring/pedicuring services may be performed.
"Manicurist/Nail
Technician Instructor" means a person licensed by the Board as a qualified teacher of the art and science of nail technology theory and practice.
"Master Barber Instructor" means a person licensed by the Board who gives instruction in barbering or any practices thereof and trained in a school after November 1, 2014.
"Master Cosmetology Instructor" means a person licensed by the Board as a qualified teacher of cosmetology theory and practice.
"Mobile Establishment" means a specialty Establishment that is operated in a self-contained, self-supporting, enclosed mobile unit.
"Non-Porous" means material that has no pores and does not allow for liquids to be absorbed or pass through. Common non-porous materials include glass, metal and plastic.
"Post secondary institution" means a school licensed to teach students according to prescribed curriculum as in Title 59 O.S. § 199.7 (F) 1 Board rule 175:10-3-34(a).
"Porous" means material that has minute spaces or holes through which liquid or air may pass.
"Secondary institution" means a school licensed to teach students eligible for credit for 500 hours of related subjects as prescribed in Title 59 O.S. § 199.7 (f)2 and in Board rule 175:10-3-34(b).
"Sterilize" means the eradication of all microbial life through the use of heat, pressure, steam or chemical sterilant.
"Student" means a person who is enrolled in a cosmetology or barber school and appropriately registered with the Board for the purpose of being educated and trained in the practice of cosmetology or barbering.
"Threading" Means a form of temporary hair removal by using thread that is twisted and rolled along the surface of the skin, entwining the hair in the thread and lifting it out of the follicle.
"Threading Technician" means a person with a limited specialty cosmetology license issued by the Board to perform threading in a licensed establishment.
"Unassigned practice or clinic work" means a personal service of cosmetology or barber practice (on student on another etc.); which shall be elective practice which one student chooses to perform or to receive (routine shampoo not included); and in which school supplies may be used (i.e. bleach/color/perm, etc.); and which practice and service is not assigned by the instructor and/or performed for the benefit of a group of students who have been scheduled to observe as a classroom or clinic demonstration; and for which a reasonable cost for supplies used in the practice may be charged to the student receiving the unassigned services.
"Wet sanitizer" means a large, pan-type covered container which shall contain a liquid chemical disinfecting agent used in a school or Establishment for the purpose of disinfecting combs, brushes and other non-metal tools and implements used in training and practice.
[OAR Docket #21-774; filed 11-3-21]
TITLE 175. State Board of Cosmetology and Barbering CHAPTER 10. Licensure of Cosmetologist, Barbers, Schools and Related Establishments EMERGENCY adoption
Subchapter 7. Sanitation, Disinfection and Safety Standards for Establishments and Schools
175:10-7-18. Disinfection precautions before and after each patron service [AMENDED]
Subchapter 9. Licensure of Cosmetologists, Barbers and Related Occupations
Part 3 State Board Examination
175:10-9-37. Examination for threading technician license [NEW]
Part 5. Demonstrators; Cosmetic Studios; Trade Shows; Guest Artists; Wig Dressing; Other Practices of Cosmetology and Barbering
175:10-9-55. Practices of cosmetology and barbering [AMENDED]
59 O.S. § 199.1; 59 O.S. § 199.3; 59 O.S. § 199.7; State Board of Cosmetology and Barbering
September 13, 2021
Immediately
upon Governor's approval
November 1, 2021
Effective through September 14, 2022, unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The rule is necessary as an emergency measure pursuant to 75 O.S. § 253(A)(1)(a) and (e) to protect the public health, safety and welfare and avoid serious prejudice to the public interest by regulating the practice of threading through creation of a limited specialty cosmetology license. The rule establishes safety and sanitation requirements in light of the COVID-19 pandemic.
The Oklahoma State Board of Cosmetology and Barbering ("OSBCB" or "the Board") proposes the rule additions and modifications referenced above in order to create a limited specialty cosmetology license for Threading Technicians (hereinafter, the "Threading License"). The proposed rules provide: the definitions for Threading and Threading Technician; the examination requirements for the Threading License; regulations on the performance of Threading; and additional regulations related to disinfection precautions and sanitary practices.
John Funderburk, Oklahoma, State Board of Cosmetology and Barbering. Tel. 405-522-7616, John.Funderburk@cosmo.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F): SUBCHAPTER 7. Sanitation, Disinfection and Safety Standards for Establishments and Schools 175:10-7-18. Disinfection precautions before and after each patron service (a) The hands of the licensee, student or apprentice shall be washed and the integrity of the skin carefully examined before and after performing a service for any person. If any abrasion, cut, scratch, open lesion or infection is evidenced, protective or disposable gloves shall be worn while performing services in order to reduce risk or transmission of infectious bacteria/virus/disease.
(b) All licensees are required to wash hands prior to any service, following eating, smoking or the use of the restroom. Hands must be washed with running water and soap and then dried with a disposable towel. Antibacterial soap is not recommended.
(c) Styptic pencils and lump alum are prohibited. Liquid or powdered astringent shall be used to check bleeding and shall be applied with separate, clean, sterile gauze or cotton which shall be disposed of immediately after use.
(d) Any licensee who can reasonably anticipate, as the result of performing any cosmetology or barbering service, contact with blood and other potentially infectious material, shall use universal precautions, and shall wear protective disposable gloves while performing the services. Gloves shall not be re-used and shall be disposed of properly immediately after use.
(e) Implements and tools that cannot be disinfected must be disposed of after one use.
(f) At no time should any tool or material that will be in contact with the patron be placed in the mouth or other mucus membranes of the licensee.
SUBCHAPTER 9. Licensure of Cosmetologists, Barbers and Related Occupations PART 3. STATE BOARD EXAMINATION 175:10-9-37. Examination for threading technician license In order to be eligible for a threading technician license, a person shall:
(1) be at least seventeen (17) years of age or a high school diploma or General Education Development Certificate;
(2) submit a completed application;
(3) submit
2" X 2" current full-face photograph of the applicant as requested on registration form. A current photograph is one taken within the last six months. No embellishments or filters of any kind that alter the face of the applicant;
(4) complete a safety and sanitation examination with a passing score of at least seventy-five percent (75%).
(5) An applicant declaring a disability as defined by the American Disabilities Act (ADA) shall submit a written statement when requesting an oral examination or other special testing accommodation
PART 5. DEMONSTRATORS; COSMETIC STUDIOS; TRADE SHOWS; GUEST ARTISTS; WIG DRESSING; OTHER PRACTICES OF COSMETOLOGY AND BARBERING 175:10-9-55. Practices of cosmetology and barbering (a) Only licensed Facialist/EstheticiansEsthetican, CosmetologistsCosmetologist, Threading Technician or BarbersBarber may perform threading
(b) Only a licensed Facialist/Esthetician or Cosmetologist may perform eyelash extensions.
(c) Only licensed Facialist/Estheticians, Cosmetologists or Barbers may perform body sugaring.
[OAR Docket #21-775; filed 11-3-21]
TITLE 260. Office of Management and Enterprise Services CHAPTER 50. Employees Group Insurance Division - Health, Dental, Vision and Life Plans EMERGENCY adoption
Subchapter 1. Purpose and Definitions
260:50-1-2. Definitions [AMENDED]
Subchapter 5. Coverage and Limitations
Part 3. HealthChoice Plans
260:50-5-3. HealthChoice approval for emergency Emergency treatment by non-Network providers [AMENDED]
The Director of the Office of Management and Enterprise Services; 62 O.S. §34.3.1; 62 O.S. §34.6(8)
September 22, 2021
Immediately upon Governor's approval
October 29, 2021
Effective through September 14, 2022, unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
These rules are necessary to avoid serious prejudice to the public interest in that it must be promulgated to effectuate the action taken by the Employees Group Insurance Division of the Office of Management and Enterprise Services on September 22, 2021.
This rule amends language.
Byron Knox, Deputy General Counsel, (405) 717-8744
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F): SUBCHAPTER 1. Purpose and Definitions The following words and terms as defined by EGID, when used in this chapter, shall have the following meaning, unless the content clearly indicates otherwise:
"Administrative error" occurs when the coverage elections the member makes are not the same as those entered into payroll for deduction from the member's paycheck. This does not include untimely member coverage elections or member misrepresentation. When such an administrative error results in underpaid premiums, full payment to EGID shall be required before coverage elected by the member can be made effective. If overpayment occurs, EGID shall refund overpaid funds to the appropriate party.
"Administrator" means the Administrator of the Employees Group Insurance Division or a designee.
"Allowable fee" means the maximum allowed amount based on the HealthChoice Network Provider Contracts payable to a provider by EGID and the member for covered services.
"Attorney representing EGID" means any attorney designated by the Administrator to appear on behalf of EGID.
"The Board" means the seven [7] Oklahoma Employees Insurance and Benefits Board members designated by statute [74 O.S. §1303(1)].
"Business Associate" shall have the meaning given to "Business Associate" under the Health Insurance Portability and Accountability Act of 1996, Privacy Rule, including, but not limited to, 45 CFR §160.103.
"Carrier" means the State of Oklahoma.
"Comprehensive benefits" means benefits which reimburse the expense of facility room and board, other hospital services, certain out-patient expenses, maternity benefits, surgical expense, including obstetrical care, in-hospital medical care expense, diagnostic radiological and laboratory benefits, providers' services provided by house and office calls, treatments administered in providers' office, prescription drugs, psychiatric services, Christian Science practitioners' services, Christian Science nurses' services, optometric medical services for injury or illness of the eye, home health care, home nursing service, hospice care and such other benefits as may be determined by EGID. Such benefits shall be provided on a copayment or coinsurance basis, the insured to pay a proportion of the cost of such benefits, and may be subject to a deductible that applies to all or part of the benefits as determined by EGID. [74 O.S. §1303 (14)]
"Cosmetic procedure" means a procedure that primarily serves to improve appearance.
"Current employee" means an employee in the service of a participating entity who receives compensation for services actually rendered and is listed on the payrolls and personnel records of said employer, as a current and present employee, including employees who are otherwise eligible who are on approved leave without pay, not to exceed twenty-four [24] months. An education employee absent from employment, not to exceed eight [8] years, because of election or appointment as local, state, or national education association officer who is otherwise eligible prior to taking approved leave without pay will be considered an eligible, current employee. A person elected by popular vote will be considered an eligible employee during his tenure of office. Eligible employees are defined by statute. [74 O.S. §1303 and §1315]
"Custodial care" means treatment or services regardless of who recommends them or where they are provided, that could be given safely and reasonably by a person not medically skilled. These services are designed mainly to help the patient with daily living activities. These activities include but are not limited to: personal care as in walking, getting in and out of bed, bathing, eating by spoon, tube or gastrostomy, exercising, dressing, using toilet, preparing meals or special diets, moving the patient, acting as companion or sitter, and supervising medication which can usually be self-administered.
"Dependent" means the primary member's spouse (if not legally separated by court order), including common-law. Dependents also include a member's daughter, son, stepdaughter, stepson, eligible foster child, adopted child, child for whom the member has been granted legal guardianship or child legally placed with the primary member for adoption up to the child's twenty-sixth [26th] birthday. In addition other unmarried children up to age twenty-six [26] may be considered dependents if the child lives with the member and the member is primarily responsible for the child's support. A child that meets the definition of a disabled dependent in this section and also all requirements in 260:50-3-18, may also be covered regardless of age if the child is incapable of self-support because of mental or physical incapacity that existed prior to reaching age twenty-six [26]. Coverage is not automatic and must be approved with a review of medical information. A disabled dependent deemed disabled by Social Security does not automatically mean that this disabled dependent will meet the Plan requirements. [74 O.S. §1303(14)]. See additional eligibility criteria for disabled dependents over the age of twenty-six [26] at 260:50-3-18. Participating employer groups may have a more restrictive definition of Dependent.
"Durable medical equipment" means medically necessary equipment, prescribed by a provider, which serves a therapeutic purpose in the treatment of an illness or an injury. Durable medical equipment is for the exclusive use of the afflicted member and is designed for prolonged use. Specific criteria and limitations apply.
"Eligible Provider" means a practitioner who or a facility that is recognized by EGID as eligible for reimbursement. EGID reserves the right to determine provider eligibility for network and non-Network reimbursement.
"Emergency" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) so that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act (42 U.S.C. 1395dd (e)(1)(A)). (In that provision of the Social Security Act, clause (i) refers to placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; clause (ii) refers to serious impairment to bodily functions; and clause (iii) refers to serious dysfunction of any bodily organ or part.)
"Enrollment period" means the time period in which an individual may make an election of coverage or changes to coverage in effect.
"Excepted Benefits" means the four categories of benefits as established in section 2791 of the PHS Act, section 733 of ERISA and section 9832 of the Internal Revenue Code, as summarized in IRS Bulletin 2015-14 and subsequent regulatory guidance. These Excepted Benefits include but are not limited to vision coverage, dental coverage, long-term care insurance, Medicare supplement coverage, automobile liability insurance, workers compensation, accidental death and dismemberment insurance and specific disease coverage (such as cancer).
"Facility" means any organization as defined by EGID which is duly licensed under the laws of the state of operation, and also either Medicare certified as applicable, or accredited by a CMS approved Medicare accreditation organization. means any organization as defined by EGID which is duly licensed under the laws of the state of operation and meets additional credentialing criteria established by EGID.
"Fee schedule" means a listing of one or more allowable fees.
"Former participating employees and dependents" means eligible former employees who have elected benefits within thirty [30] days of termination of service and includes those who have retired, or vested through an eligible State of Oklahoma retirement system, or who have completed the statutory required years of service, or who have other coverage rights through Consolidated Omnibus Budget Reconciliation Act (COBRA) or the Oklahoma Personnel Act. An eligible dependent is covered through the participating former employee or the dependent is eligible as a survivor or has coverage rights through COBRA.
"Health information" means any information, whether oral or recorded in any form or medium: (1) that relates to the past, present or future physical or mental condition of a member; the provision of health care to a member; or the past, present or future payment for the provision of health care to a member; and (2) that identifies the member or with respect to which there is a reasonable basis to believe the information can be used to identify the member.
"Home health care" means a plan of continued care of an insured person who is under the care of a provider who certifies that without the Home health care, confinement in a hospital or skilled nursing facility would be required. Specific criteria and limitations apply.
"Hospice care" means a concept of supportive care for terminally ill patients. Treatment focuses on the relief of pain and suffering associated with a terminal illness. Specific criteria and limitations apply.
"Inaccurate or erroneous information" means materially erroneous, false, inaccurate, or misleading information that was intentionally submitted in order to obtain a specific coverage.
"Initial enrollment period" means the first thirty [30] days following the employee's entry-on-duty date. A group initial enrollment period is defined as the thirty [30] days following the enrollment date of the participating entity.
"Insurance Coordinator" means Insurance/Benefits Coordinator for Education, Local Government, and State Employees.
"Maintenance care" means there is no measurable progress of goals achieved, no skilled care required, no measurable improvement in daily function or self-care, or no change in basic treatment or outcome.
"Medically necessary" means services or supplies which are provided for the diagnosis and treatment of the medical and/or mental health/substance abuse condition and complies with criteria adopted by EGID. Direct care and treatment are within standards of good medical practice within the community, and are appropriate and necessary for the symptoms, diagnosis or treatment of the condition. The services or supplies must be the most appropriate supply or level of service, which can safely be provided. For hospital stays, this means that inpatient acute care is necessary due to the intensity of services the member is receiving or the severity of the member's condition, and that safe and adequate care cannot be received as an outpatient or in a less intensified medical setting. The services or supplies cannot be primarily for the convenience of the member, caregiver, or provider. The fact that services or supplies are medically necessary does not, in itself, assure that the services or supplies are covered by the Plan.
"Members" means all persons covered by one or more of the group insurance plans offered by EGID including eligible current and qualified former employees of participating entities and their eligible covered dependents.
"Mental health and substance abuse" means conditions including a mental or emotional disorder of any kind, organic or inorganic, and/or alcoholism and drug dependency.
"Network provider" means a practitioner who or facility that is duly licensed or operates under the laws of the state, satisfies credentialing criteria as established by EGID, and has entered into a contract with EGID to accept scheduled reimbursement for covered health care services and supplies provided to members.
"Non-Network out-of-pocket" means the member's expenses include the total of the member's deductibles and co-insurance costs plus all amounts that continue to be charged by the non-Network provider after
the HealthChoice allowable fees have been paid.
"OEIBB" means Oklahoma Employees Insurance and Benefits Board.
"Open enrollment period" means a limited period of time as approved by either EGID or the Legislature in which a specified group of individuals are permitted to enroll.
"Option period" means the time set aside at least annually by EGID in which enrolled plan members may make changes to their enrollments. Eligible but not enrolled employees may also make application for enrollment during this time. Enrollment is subject to approval by EGID.
"Orthodontic limitation" means an individual who enrolls in the Dental Plan will not be eligible for any orthodontic benefits for services occurring within the first twelve [12] months after the effective date of coverage. Continuing orthodontic services for newly hired employees who had previous group dental coverage will be paid by prorating or according to plan benefits.
"Other hospital services and supplies" means services and supplies rendered by the hospital that are required for treatment, but not including room and board nor the professional services of any provider, nor any private duty, special or intensive nursing services, by whatever name called, regardless of whatever such services are rendered under the direction of the hospital or otherwise.
"Participating entity" means any employer or organization whose employees or members are eligible to be participants in any plan authorized by or through the Oklahoma Employees Insurance and Benefits' Act.
"The Plan or Plans" means the self-insured Plans by the State of Oklahoma for the purpose of providing health benefits to eligible members and may include such other benefits as may be determined by EGID. Such benefits shall be provided on a coinsurance basis and the insured pays a proportion of the cost of such benefits.
"Primary insured" means the member who first became eligible for the insurance coverage creating eligibility rights for dependents.
"Prosthetic appliance" means an artificial appliance that replaces body parts that may be missing or defective as a result of surgical intervention, trauma, disease, or developmental anomaly. Said appliance must be medically necessary.
"Provider" means a practitioner who or facility that is duly licensed or operates under the laws of the state in which the Provider practices and is recognized by this Plan, to render health and dental care services and/or supplies.
"Qualifying Event" means an event that changes a member's family or health insurance situation and qualifies the member and/or dependent for a special enrollment period. The most common qualifying life events are the loss of health care coverage, a change in household (such as marriage or birth of a child), or a change of residence or other federally required mandates. A complete summary of qualifying events are set out in Title 26, Treasury Regulations, Section 125.
"Schedule of benefits" means the EGID plan description of one or more covered services.
"Skilled care" means treatment or services provided by licensed medical personnel as prescribed by a provider. Treatment or services that could not be given safely or reasonably by a person who is not medically skilled and would need continuous supervision of the effectiveness of the treatment and progress of the condition. Specific criteria and limitations are applied.
SUBCHAPTER 5. Coverage and Limitations PART 3. HEALTHCHOICE PLANS 260:50-5-3. HealthChoice approval for emergency Emergency treatment by non-Network providers Members may have benefits available for medical emergencies when non-Network services occur. Notification to EGID is required. In compliance with federal law, members may have benefits available for medical emergencies when non-Network services occur.
[OAR Docket #21-767; filed 11-1-21]
TITLE 340. Department of Human Services CHAPTER 2. Administrative Components EMERGENCY adoption
Subchapter 28. Office of Administrative Hearings: Child Support
340:2-28-4.2
[AMENDED]
(Reference WF 21-08)
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (56 O.S. §§ 162 and 237). 12 O.S. §§ 32.1, 2101 through 3011, and 3224 through 3237; 12 O.S. §§ 683 through 688; 56 O.S. §§ 237 through 237.9a; and OAC 340:2-28-1, et seq.
September 14, 2021
Immediately upon Governor's approval
October 20, 2021
Effective through September 14, 2022, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
Emergency rulemaking approval is requested to allow private attorneys and pro se parties to be on equal footing with Child Support Services with respect to being able to file directly with Office of Administrative Hearings through electronic means.
The proposed rule revision is necessary to update, streamline, and improve the rules which delineate and provide transparency to certain functional aspects of the Oklahoma Human Services (OKDHS) Office of Administrative Hearings: Child Support (OAH) operations. Oklahoma Administrative Code (OAC) 340:2-28-4.2, is part of OAH's administrative court rules. The requested amendments reflect changes in technology by eliminating fax filing and authorizing filing of portable digital file or *.pdf formatted documents through email.
Dena Thayer at 405-693-6542
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F): SUBCHAPTER 28. Office of Administrative Hearings: Child Support 340:2-28-4.2. Terms and location of Office of Administrative Hearings: Child Support (a) The Office of Administrative Hearings: Child Support (OAH) is in session whenever there is a regularly- or specially-scheduled docket with participating district child support offices on days designated for administrative hearings. Pleadings, other documents, and orders may be filed with, or presented to, the administrative law judge (ALJ) at the participating district child support offices, if the ALJ is physically present, on administrative hearing docket days. Onon any business day, pleadings, other documents, and orders may also be filed at OAH located in the Sequoyah Building, 2400 North Lincoln Boulevard, Oklahoma City, Oklahoma. Filing may be accomplished through hand-delivery, postal or parcel delivery, facsimile transmission, and electronic transmission, if the available means are secure and compatible with OAH's docketing and case management software. A document filed through email is a portable digital file or *.pdf formatted and submitted to: Legal.OAH.Staff@okdhs.org. Electronic transmission, in this context, does not include electronic messaging for example, email or text messaging. The OAH mailing address is Oklahoma Department of Human Services, Attn: OAH, POP.O. Box 25352, Oklahoma City, Oklahoma 73125-0352.
(b) Proceedings cannot commence unless and until an administrative case is opened through Oklahoma Department of Human Services Child Support Services.
[OAR Docket #21-763; filed 10-27-21]
TITLE 340. Department of Human Services CHAPTER 25. Child Support Services EMERGENCY adoption
Subchapter
5. Operational Policies
Part 17. Past Support
340:25-5-140 [AMENDED]
Part 21. Establishment
340:25-5-178 [AMENDED]
Part 22. Review and Modification
340:25-5-198.2 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
Part 37. Recovery
340:25-5-305 [AMENDED]
[REFERENCE WF 21-07]
Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 56 O.S. § 237; 75 O.S. § 253; 43 O.S. §§ 118A, 118B, 118G, 118I; SB 421; and Sections 302.56 and 303.8 of Title 45 of the Code of Federal Regulations.
September 14, 2021
Immediately upon Governor's approval or November 1, 2021, whichever is later.
October 20, 2021
Effective through September 14, 2022, unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
Emergency rule approval is requested to comply with SB 421 November 1, 2021 effective date.
The proposed amendments to Chapter 25 Subchapters 5 amend the rules to: (1) align Child Support Services (CSS) process with Senate Bill 421 (SB 421) from the 1st Regular Session of the 58th Oklahoma Legislature as it amends Section 118A through 118I of Title 43 of the Oklahoma Statutes (43 O.S. §§ 118A through 118I) to modify the child support guidelines for income computation under certain conditions.
Dena Thayer at 405-693-6542
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F), AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR NOVEMBER 1, 2021, WHICHEVER IS LATER: SUBCHAPTER 5. Operational Policies 340:25-5-140. Past support (a) Legal authority. Oklahoma Department of Human Services, Child Support Services (CSS) takes appropriate action to collect support and secure compliance with support orders.
(1) When a support order does not specify an effective date, a payment is due on the first day of the month following the child support order's entry of the child support order and on the first day of each month thereafter except when another state's law governs the due date.
(2) CSS bases its determination ofdetermines past-due support and support for a prior period based on information in available records from courts, Title IV-D and other public and private agencies, the custodial persons (CPs), the
noncustodial parents (NCPs), and others.
(3) CSS may require sworn written statements and supporting documents from CPs, NCPs, and others pertaining to support payments. The primary legal foundations for determination and collection of past-due support and support for a prior period are applicable provisions of:
(A) Part D of Subchapter IV of Chapter 7 of Title 42 of the United States Code;
(B) Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B);
(C) Chapters 302 and 303 of Title 45 of the Code of Federal Regulations; and
(D) Sections 83 and 7700-636 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83 and 7700-636), Chapters 3 and 21 of Title 12, Title 43, and 56 O.S. §§ 231 through 240.23.
(b) Definitions. The following words and terms, when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
(1) "Abate" means, per 43 O.S. Section 118I, an NCP does not owe the child support obligation when incarcerated for 180-consecutive days. Upon eligibility, child support is no longer owed effective the first day of the month following the entry date into the correctional facility or jail and does not accrue for the duration of the incarceration.
(2) "Incarceration" means, per 43 O.S. Section 118I, an obligor is in custody on a fulltime basis in a local, state or federal correctional facility. Incarceration shall not include probation, parole, work release or any other detention alternative program that allows the obligor to be gainfully employed.
(bc) Judgment payment. Per 43 O.S. § 137, the monthly payment schedule on past support may not exceed three years unless specific findings of fact supporting the action are made. CSS considers a three-year payment schedule to be unjust, unreasonable, inequitable, or inappropriate when CSS has evidence that the NCP cannot comply with the payment plan. CSS requests a monthly payment schedule that may exceed three years in accordance with the best evidence available, including the NCP's earning records, past job history, earning ability based on education and training, and mental or physical incapacities. CSS also considers an NCP's other child support obligations and total arrears.
(cd) Enforcement.
(1) CSS takes action to enforce past-due support and support for a prior period, per Oklahoma Administrative Code (OAC) 340:25-5, Part 23.
(2) CSS collects amounts from the original child support order date of the original child support order, including any judgments for support for a prior period, and does not limit collection of past-due child support to amounts accruing from the time a case is opened or reopened.
(3) When CSS receives a new case new to CSSwith an existing order, or awhen a previously closed case that was previously closed reopens and has an existing order, CSS does not calculate a past-due support balance, or take action to enforce past-due support, until 30-calendar days from the mailing date of the notice of case letter and affidavit of payments document to the NCP. This does not preclude the initiation ofinitiating an income assignment to collect current support.
(4) Past-due child support remains due to the CP with whom a child resided during the month the past support was due.
(5) When CSS takes action to enforce past-due support and support for a prior period for a Servicemember's child of an NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.
(de) Settlement of past support.
(1) Settlements of past support may include:
(A) an NCPs lump sum partial payment or a series of payments made toward the total amount of past support;
(B) an agreement for the NCP to pay a specified number of current child support payments in the future; and
(C) acceptance of in-kind goods or services in exchange for waiving a certain amount of past child support.
(2) Settlements of past support must be memorialized in a court order and the CP must sign the court order when the past support is owed to the CP.
(3) Per 43 O.S. § 112, CSS:
(A) acknowledges the rights of the CP and NCP to mutually agree to waive with approval of the court, all or a portion of the past child support due to the CP; or
(B) may negotiate the right to collect all or part of past support owed to Oklahoma.
(ef) Annual notice. CSS uses the annual notice to the NCP parent, per 56 O.S. § 237A to confirm the amount of past-due support and remaining balances on previously confirmed judgments. Past-due support and remaining balances on judgments for support for a prior period may also be confirmed during other enforcement actions, per OAC 340:25-5, Part 23.
(fg) Death of CP.
(1) When the CP dies, CSS issues child support payments for past due support to:
(A) the decedent's estate, when notified in writing by the estate's administrator of the estatenotifies CSS in writing; or
(B) any state owed past due support, per OAC 340:25-5-351.
(2) Except as provided in (1) of this subsection, CSS refunds payments to the:
(A) payor, when the payor's address is known;
(B) NCP parent when the payor's address is unknown, or payments are returned due to the inability to distribute.
(3) CSS does not file a forced probate court action to determine heirs and distribute past support to heirs.
(gh) Jurisdiction. When an Oklahoma tribunal has personal and subject matter jurisdiction and can obtain service of process on the NCP, CSS uses the annual notice, notice of support debt, contempt, or other appropriate proceedings to determine past support and interest before requesting another state's tribunal of another state to enforce the child support orders.
(i) Incarcerated NCP. Per 43 O.S. § 118I, beginning November 1, 2021, there is a rebuttable presumption that an NCP who is incarcerated for a period of 180-consecutive days is unable to pay child support. When a payment is made during incarceration, the presumed ability to pay child support may be rebutted for that payment period. CSS makes a final determination whether the order is abated.
340:25-5-178. Calculation ofCalculating new and modified child support obligations (a) Legal authority. Oklahoma Department of Human Services (DHS)(OKDHS), Child Support Services (CSS) establishes current child support, per:
(1) Sections 654, 656, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 654, 656, and 666);
(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and
(3) Section 83 of Title 10 of the Oklahoma Statutes (10 O.S. § 83); Title 43; and 56 O.S. §§ 231 through 240.23.
(b) Child support guidelines. CSS uses the child support guidelines in 43 O.S. §§ 118-118I and 119 to:
(1) establish current child support amount of current support; and
(2) prepare a child support computation form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website, per 43 O.S. § 120.
(c) Child support computation. CSS uses the best evidence available to determine a parent's monthly gross income for the child support computation form, including written earning records, past job history, and earning ability based on education and training, with a continued emphasis on setting fair and equitable child support orders, per 43 O.S. §§ 118-118I. When requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases, CSS may request the court deviate from the child support guidelines amounts, per 43 O.S. § 118H.
(d) Gross income. When determining gross income for the child support computation, CSS uses (1) through (4) of this subsection, perfollows 43 O.S. § 118B.
(1) Written earning record. For time periods when a parent has a written earning record, CSS uses the:
(A) actual monthly gross income; or
(B) average of the gross monthly income for the time actually employed during the previous three years.
(2) Ability to work and no written earning record. For time periods when a parent has an earning ability, but no written earning records, CSS imputes the most equitable of the:
(A) minimum wage paid for a 40-hour work week; or
(B) amount of gross income a person with comparable education, training, and experience could reasonably expect to earn.
(3) Combination. For time periods when a parent has a written earning record for some months, but no written earning record for other months, for the months worked CSS uses the actual income and for the months with no written earning record CSS uses the most equitable of either:
(A) the actual gross income; or
(B) an imputed amount of either:
(i) minimum wage paid for a 40-hour work week; or
(ii) the amount of gross income per person with comparable education, training, and experience could reasonably expect to earn.
(4) Reduced earning ability. CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week.
(e) Child care. To establish the current child support amount of current support, CSS considers "actual" child care expenses to be the amount paidthe parent(s) or custodial person (CP) pays to the child care provider by the parent(s) or custodial person (CP) except when (f) of this Section applies. CSS considers a child care subsidy recipient's copay to be the actual child care expenses. CSS determines the amount of prospective annual child care costs and allocates this amount between the parents in the same proportion as their adjusted gross income. The amount allocated to the NCP becomes part of the fixed monthly child support obligation.
(f) Child care subsidy. When the parent(s) or CP is participating in the DHS Child Care Subsidy Program, per 56 O.S. § 230.50, CSS uses DHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to determine the family share co-payment amount considered as actual child care costs on the child support computation form, per 43 O.S. § 118G.
(1) CSS considers a parent's share of the base monthly obligation for child support and the monthly income amount reflected in the records of the DHS Child Care Subsidy Program as the monthly income when applying Appendix C-4. CSS allocates the family share co-payment amount indicated on Appendix C-4, in the same proportion as base child support. CSS staff performs a separate child support guidelines calculation for each NCP.
(2) When a parent has a child(ren) in DHS subsidized child care other than a child(ren) included in the child support case being established, CSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.
(g) Juvenile Court cases.
(1) Deprived cases. When a case is referred, CSS establishes child support orders in deprived court actions, per 10A O.S. § 1-4-702, and prepares the child support order on the standard child support order form prescribed by CSS and published by the Administrative Office of the Courts on the Oklahoma State Courts Network website.
(2) Delinquent cases. When a case is referred, CSS establishes a child support order against each parent of a child in the custody of the Oklahoma Office of Juvenile Affairs, per 43 O.S. §§ 118 through 118I.
(hg) Intergovernmental majority age. CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.
(ih) Minor parents. When a parent is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176, when necessary, and establishes a child support order.
(1) When a minor NCP or a CP is younger than 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income.
(2) When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless otherwise inappropriate, CSS uses either the minor parent(s) imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.
(i) Minor parents. When the NCP is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176 when necessary and establishes a child support order. When a minor NCP or a CP is younger than 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income. When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless otherwise inappropriate, CSS uses either the imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.
(j) Adult disabled child. CSS enforces child support orders for adults with disabilities, per 43 O.S. § 112.1A. CSS establishes or modifies child support orders to continue after the child reaches the age of majority, per 43 O.S. § 112.1A, when the application or referral for Title IV-D services is received during the period when child support is due, per 43 O.S. § 112.
(kj) Incarcerated NCP.
(1) Per 43 O.S. §§ 118B and 118I, Whenwhen an NCP is expected to be incarcerated for at leastmore thansix- consecutive months180 consecutive days, from the date the support amount is reviewed or established, CSS requests the court enter a temporary child support and medical support amountorder using actual income of $0, unless:
(A) there is evidence of income or assets outsideindependent of the correctional institutionincarceration;
(B) incarceration is a result of indirect contempt of court for failure to pay child support;
(C) incarceration is a result of a crime of omission to provide child support; or
(D) the incarceration is a result of an offense in which the CP dependent child or the CP was a victim.
(2) Release from incarceration. At the time the order is entered
(A) When an existing child support order is abated there is:
(1) a pre-incarceration child support order, CSS requests the order state that upon release from incarceration, the monthly child support obligation reverts back to the pre-incarceration order amount beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration, per 43 O.S. §§ 118B and 118I. When the NCP within the lapse period, requests in writing a review of the pre-incarceration order, the post incarceration monthly child support obligation does not begin until the review or modification is complete. When a review is requested and the NCP fails to appear for hearing, the monthly child support obligation reverts back to the pre-incarceration amount to begin the first day of the month following a lapse of 90-calendar days upon release from incarceration; or
(2B) When there is no existingpre-incarceration child support order, CSS requests the court order state; that upon release from incarceration, the monthly child support amount is set based on 43 O.S. §§ 118B and 118I minimum wage for a 40-hour work week beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration. When the NCP within the lapse period requests in writing a hearing, the post incarceration monthly child support amount does not begin until the review or modification is complete. When a hearing is requested and the NCP fails to appear for the hearing, the monthly child support obligation reverts back to the support amount set based on minimum wage for a 40-hour work week, to begin 90-calendar days upon release from incarceration.
(lk) Military. When CSS establishes a child support order for a Servicemember's child of an NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.
(ml) Disability benefits. CSS does not impute gross income to a person determinedthe Social Security Administration determines disabled by the Social Security Administration.
(nm) Default orders. When a default order for child support is ordered and either party contacts CSS in writing within 30-calendar days of the entry of the default orde and provides information to calculate an accurate child support obligation, CSS treats the request as a motion to vacate or modify, and requests the court enter a new order consistent with the evidence presented.
PART 22. REVIEW AND MODIFICATION 340:25-5-198.2. Modification (a) Authority for modification. Oklahoma Department of Human Services (DHS)(OKDHS) Child Support Services (CSS) may initiate modification of a child support order per Section 303.8 of Title 45 of the Code of Federal Regulations (45 C.F.R. §303.8), Sections 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112, 118-118I, 118.1, 119, 601-611, 601-613, and 601-615), and 56 O.S. § 237. CSS initiates a modification in the appropriate tribunal when facts indicate modification is warranted under applicable state or federal law or regulation.
(b) Modification of child support order. CSS seeks a modification when:
(1) there is a material change in circumstances per 43 O.S. § 118I including, but not limited to:
(A) a change in either parent's gross income or changes in child support guideline calculation, such as child care expenses or medical support;
(B) a child reaching the age of majority per 43 O.S. § 112;
(C) a component of or the new current child support amount is 20 percent higher or lower than the existing order;
(D) there is a change in physical custody verified, per Oklahoma Administrative Code (OAC) 340:25-5-201.1;
(E) when the noncustodial parent (NCP) is incarcerated for at leastmore than 180-calendarconsecutive days per 45 C.F.R. § 303.8 and OAC 340:25-5-178(k); or
(F) one of the parents is determined disabled by the Social Security Administration and the parent is receiving Supplemental Security Income or Social Security Disability Income; or
(2) per 56 O.S. § 237 when the evidence in the case justifies a modification regardless of whether there has been a change of circumstances including, but not limited to, when:
(A) the original order fails to set child support according to the guidelines;
(B) an adjustment is needed to maximize a noncustodial parent's (NCP's) available income to meet the current child support obligation in each of the NCP's cases; or
(C) a parent provides proof the child support obligation is being satisfied in full or in part by an apportionment of the veteran's disability compensation.
(c) Modification of medical support order.
(1) CSS seeks a modification of a medical support order, when:
(A) there is no existing order for either parent to provide dependent health care coverage. CSS initiates a modification of a support order to require either or both parents to provide dependent health care coverage when CSS obtains information the child(ren) is not covered under an existing health care plan, regardless if coverage is currently available to either parent;
(B) the availability of medical insurance changes;
(C) there is an order for the custodial person to provide medical support for the minor child(ren) and enforcement of the order is not appropriate per 43 O.S. § 139.1 or 21 O.S. § 566;
(D) an order for the NCP to provide medical insurance and the release of information necessary for enrollment of the child is inappropriate due to family violence and a cash medical order is appropriate per OAC 340:25-5-198; or
(E) there is an order for a parent to provide medical insurance, the applicant for child support services did not request services against that parent, and the ordered parent is not actually providing medical insurance for the child.
(2) When CSS participates in the modification of a child support order filed by a party, CSS requests the court order contain a provision for medical support consistent with OAC 340:25-5-168.
(3) When a child support order exists, CSS considers a request to establish a medical support order as a request for modification of the order per 43 O.S. § 118.1. CSS seeks a medical support order in a tribunal with jurisdiction to modify the child support order and follows procedures per OAC 340:25-5-198.1.
(4) When cash medical support is ordered as part of a modification action, CSS requests a cash medical support order be effective the same date the modified child support amount is effective, unless the parties agree to a different date or the change in health coverage cost or availability occurred on a later date.
340:25-5-200. Enforcement (a) Scope and applicability. Oklahoma Human Services Child Support Services (CSS) follows Part D of Subchapter IV of Chapter 7 of Title 42 and Section 1738B of Title 28 of the United States Code (28 U.S.C. § 1738B) Section 303.6 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.6), and Section 240.1 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.1) in initiating enforcement proceedings.
(1) Orders for current and past child and spousal support, health care coverage, fixed amounts of medical support, judgments, and delinquencies may be enforced through expedited and judicial processes, or through other collection efforts.
(2) Past-due child support is a judgment by operation of law and may be enforced in the same manner as any other money judgment, per 43 O.S. § 137.
(3) Post-judgment remedies do not require an adjudicated judgment by a district or administrative court.
(4) Each missed support payment is a judgment; thus, a judgment increases with each missed payment. This total judgment becomes a lien on the noncustodial parent's (NCP) real and personal property of the noncustodial parent (NCP).
(b) Non-Oklahoma support order. CSS registers a support order from another state, Native American tribe, territory, or foreign country, per subsection (b) of the Full Faith and Credit for Child Support Orders Act codified in 28 U.S.C. § 1738B(b) and 43 O.S. § 601-101(21) when enforcement of the order is sought.
(c) Multiple support orders. When multiple child support orders are entered in the same or different tribunals involving the same NCP and child, CSS seeks a determination of controlling order, per 43 O.S. §§ 601-207, 601-307, and 601-601 through 601-603 and Oklahoma Administrative Code (OAC) 340:25-5-270.
(d) Legal remedies. CSS determines appropriate enforcement actions and may use any legal remedy to enforce support obligations. CSS chooses remedies designed to obtain compliance with an obligor's support obligations and does not use any remedy for the purpose of punishment. When an NCP is participating in the CSS problem-solving court program or complying with a seek work order, CSS considers the NCP's participation and compliance,
per OAC 340:25-5-200.3, when choosing enforcement remedies. Remedies CSS may use include, but are not limited to:
(1) annual notice to NCPsNCP, per 56 O.S. § 237A and OAC 340:25-5-213;
(2) income assignment, garnishment, and levy, per Chapter 21 of Title 12 Oklahoma Statues, 43 O.S. §§ 115 and 601-501 through 601-507, 56 O.S. §§ 237, 240.2, and 240.23, and 42 U.S.C. § 666;
(3) hearing on assets, per 12 O.S. § 842;
(4) intercept of federal tax refunds, per 42 U.S.C. § 664, 31 C.F.R. § 285.3, and 45 C.F.R. § 303.72, OAC 340:25-5, Part 25.;
(5) Intercept of state tax refunds, per 45 C.F.R. § 303.102, 68 O.S. § 205.2, and OAC 340:25-5, Part 27;
(56) administrative offsets per 31 U.S.C. § 3716, 31 C.F.R. § 285.1, and Executive Order 13019;
(67) denial, revocation, or suspension of United States passports, per 56 O.S. § 240.1 and 42 U.S.C. §§ 652 and 654;
(78) revocation, suspension, non-renewal, and non-issuance of various licenses including, but not limited to, revocations of certificates of motor vehicle titles, per 43 O.S. §§ 139 and 139.1, 47 O.S. §§ 1-153, 6-201, and 6-211, and 56 O.S. §§ 237.1 and 240.15 through 240.21A;
(89) imposing liens and executing and levying on personal and real property, including, but not limited to, workers' compensation benefits, personal injury, wrongful death, and probate actions, per 43 O.S. § 135, 56 O.S. §§ 237B and 240.23, and Titles 12 and 58 of the Oklahoma Statutes;
(910) registration of foreign support orders and judgments, per the Uniform Interstate Family Support Act per 43 O.S. §§ 601-100 through 601-903 and the Uniform Enforcement of Foreign Judgments Act, 12 O.S. §§ 719 through 726;
(1011) credit bureau referrals, per 42 U.S.C. § 666 and 15 U.S.C. § 1681b, 56 O.S. § 240.7, and OAC 340:25-5, Part 31;
(1112) financial institution data match, per 42 U.S.C. §§ 666 and 669A, 56 O.S. §§ 240.22 through 240.22G, and OAC 340:25-5-212;
(1213) seek work orders, per 56 O.S. § 240.10;
(1314) indirect civil contempt of court, per 21 O.S. §§ 566 and 567, 43 O.S. § 137, and 56 O.S. § 234. CSS does not use contempt as a penal sanction and does not recommend incarceration to the district court at sentencing in an indirect civil contempt proceeding unless there is evidence or information available that the obligor can purge the contempt. CSS asks the court to set a reasonable purge fee, per Rule 8.3 of the Rules of the District Court;
(1415) when a debtor transfers income or property to avoid child support payments, action to void the transfer or obtain favorable settlement in cases in which a debtor transferred income or property to avoid payment to a child support creditor per the Uniform Fraudulent Transfer Act, 24 O.S. §§ 112 through 123 and 42 U.S.C. § 666;
(15) registration of foreign judgments per the Uniform Enforcement of Foreign Judgments Act, 12 O.S. §§ 719 through 726;
(16) criminal actions brought per 21 O.S. § 852;
(17) civil actions brought per 42 U.S.C. § 660;
(18) transfer of child support obligation to another custodian, per 56 O.S. § 237;
(19) referral to the United States Attorney for federal prosecution, per 18 U.S.C. § 228;
(20) full collection services by the Secretary of the Treasury, per 6305 of the Internal Revenue Code of 1954; and
(21) attachment of lottery prize winnings from the Oklahoma Lottery Commission, per 3A O.S. § 724.1.
(e) Servicemember. When CSS initiates proceedings to enforce a child support order for a child of an NCP or a custodial person who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, per 50 U.S.C. §§ 3901 through 4043.
(f) Incarcerated NCP. When an NCP is incarcerated for 180-consecutive days, CSS follows 43 O.S. §118I and OAC 340:25-5-140 regarding abatement of child support orders.
340:25-5-305. Overpayment and recovery policies (a) Legal authority. Oklahoma Human Services (OKDHS), Child Support Services (CSS) recovers CSS overpayments per Title IV, Part A of Subchapter IV of Chapter 7 of Title 42 of the United States Code; Section 109.5 of Title 43 of the Oklahoma Statues (43 O.S. § 109.5); and 56 O.S. §§ 171, 185, and 231 through 244.
(b) Purpose. The rules in this Part:
(1) establish CSS policies and procedures used to recover CSS overpayments to custodial persons (CPs)(CP), noncustodial parents (NCPs)(NCP), and other entities; and
(2) resolve payment disputes arising from overpayments.
(c) Overpayment recipient and categories. An overpayment means a CSS payment to a CP, NCP, or other entity to which the entity or person is not entitled. The recipient of the overpayment owes the amount to CSS, acting on behalf of the state of Oklahoma. Categories of overpayments are described in (1) through (3) of this subsection.
(1) Retained support occurs when the CP kept support payment(s) in violation of the assignment of support rights.
(2) Erroneous payment occurs when CSS incorrectly paid money to a CP, NCP, or other entity, or failed to retain money assigned to Oklahoma because of an administrative error.
(3) Bad debt occurs when:
(A) the funding for a payment made by CSS to a CP or NCP is subsequently withdrawn when a tax intercept or other collection is revoked;
(B) a check or other payment instrument received by CSS from an NCP or other payor on behalf of the NCP is dishonored after a payment wasis made to the CP; or
(C) CSS issues a payment to a CP based on an incorrect arrearage balance or an incorrect allocation of a payment.
(d) Overpayment recovery.
(1) CSS may use any legal remedy to recover overpayments including, but not limited to:
(A) voluntary payments;
(B) state income tax refund intercepts, per 68 O.S. § 205.2; and
(C) lottery prize claims, per 3A O.S. § 724.1.
(2) When an overpayment resulted in whole or in part from false or misleading statements, concealed information, willful misrepresentation, or when fraud is otherwise suspected, CSS reports the information to the OKDHS Office of Inspector General for appropriate action. Action may include, but is not limited to, investigation and criminal prosecution.
(3) In active Temporary Assistance for Needy Families (TANF) cases, when a TANF recipient retains child support receipts, CSS may make a noncooperation referral to Title IV-A staff. CSS recovers overpayments from TANF customers through voluntary payments, state income tax refund intercepts, and lottery prize claims.
(e) Recovery amount.
(1) In order to recover child support overpayments, CSS retains 25 percent of monthly current support payments collected for the recipient and retains the total amount of any arrearage payments collected at any time until the overpayment is recovered in full. The percent retained can be changed:
(A) at the CSS director's discretion; or
(B) when the CSS Center for Finance and Budget determines the overpayment was is a result of CP fraud by the CP.
(2) When the CP receivedreceives his or her full monthly support payment in the same month as an overpayment, CSS retains the full amount of any subsequent payments for that month up to the overpayment amount of the overpayment. CSS satisfies any remaining overpayment as set forth in (1) of this subsection.
(f) Notice and administrative review.
(1) CSS sends aan overpayment and recovery notice of overpayment and recovery to the overpayment recipient. The notice includes the overpayment amount, payment withholding and collection remedies, and instructions for requesting an administrative review and hearing, per OAC 340:25-5-200.1.
(2) The administrative review provides an opportunity for the overpayment recipient to offer new or additional information regarding the overpayment amount of the overpayment. After the review, CSS issues a notice of administrative review decision.
(g) Limits to overpayment recovery.
(1) CSS Center for Finance and Budget completes a case review on the balances owed to a custodial personCP prior to disbursing an overpayment.
(2) CSS is not responsible for creating or recovering overpayments for:
(A) non-Title IV-D time periods when non-Title IV-D cases convert to Title IV-D cases; or
(B) time periods when:
(i) CSS collectedcollects under a court order that was later vacated or after the case wasis dismissed;
(ii) the parties failedfail to provide CSS with verification of a change in the child's physical custody of the child;
(iii) CSS collectedcollects under a court order that wasis later modified; or
(iv) CSS collectedcollects under a court order and the child wasis adopted; or
(C) time periods when cash medical support wasis distributed to a CP and the Oklahoma Health Care Authority retroactively certifies medical assistance.
(D) ongoing regular payments during the period an NCP incarcerated.
(3) When a child support modification order is effective back to the date the motion to modify was filed and the modified support amount is less than the amount previously ordered and paid, CSS satisfies the amount due when the NCP owes past-due child support, by offsetting the arrears amount, up to the balances currently owed.
(4) CSS does not charge, collect, or pay interest on overpayments.
(h) Issuance ofIssuing refunded amounts. When an NCP makes an overpayment, amounts less than $3 are not refunded unless issued on an Electronic Benefits Transfer (EBT) card. Amounts less than $3 and not issued on an EBT card are remitted to the OKDHS General Revenue Fund Treasury.
(i) Return ofReturning excess support amounts. When CSS receives a payment in excess ofthat exceeds the NCP's total arrears balance, CSS returns the excess amount to the payor within 45-calendar days after discovering the over collection;.
(j) Payments made in error. When CSS receives aan erroneous payment made due to an error on the part offrom
the payor that wasis not disbursed, CSS returns it to the payor within 45-calendar days after discovery. CSS is not required to correct, redirect, or recover the payment unless it was is retained;
(k) Payments that cannot be disbursed to a party.
(1) CSS applies support collections to other applicable balances associated with the NCP, such as assigned state balances or balances owed to another CP, when the:
(A) CP's address is unknown;
(B) CP fails to activate the debit card; or
(C) debit card is returned to the vendor,.
(2) CSS remits a payment to the OKDHS General Revenue Fund Treasury, when the payment cannot be:
(A) disbursed to a CP;
(B) applied to assigned state balances associated with an NCP;
(C) disbursed to the NCP, when the:
(i) address is unknown;
(ii) debit card is not activated; or
(iii) debit card is returned to the vendor; or
(D) returned to the payor.
[OAR Docket #21-764; filed 10-27-21]
TITLE 450. Department of Mental Health and Substance Abuse Services CHAPTER 1. Administration EMERGENCY adoption
Subchapter 1. General Information
450:1-1-1.1 [AMENDED]
450:1-1-2 [AMENDED]
Subchapter 9. Certification and Designation of Facility Services
450:1-9-5 [AMENDED]
450:1-9-5.8 [AMENDED]
450:1-9-6 [AMENDED]
450:1-9-7.3 [AMENDED]
Oklahoma Department of Mental Health and Substance Abuse Services Board; 43A O.S. §§ 2-101, 3-322a
September 24, 2021
Immediately upon Governor's approval or November 1, 2021, whichever is later.
October 28, 2021
Effective through September 14, 2022 unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
The proposed rule revisions are made in accordance with House Bill 2006, which establishes Certified Problem Gambling Treatment Counselors.
The proposed emergency rule revisions update language and add references related to Certified Problem Gambling Treatment Counselors.
Melissa Miller, Oklahoma Department of Mental Health and Substance Abuse Services, 2000 N. Classen Blvd, Suite E600, Oklahoma City, Oklahoma 73106, (405) 248-9345.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED UPON APPROVAL OF THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F), AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR NOVEMBER 1, 2021, WHICHEVER IS LATER: SUBCHAPTER 1. General Information The following words or terms, as defined below, when used in Chapters 1, 15, 16, 17, 18, 21, 23, 24, 27, 30, 50, 53, 55, 60, 65,and 70, and 75, shall have the following meaning, unless the context clearly indicates otherwise and will prevail in the event there is a conflict with definitions included elsewhere in Chapters 1, 15, 16, 17, 18, 21, 23, 24, 27, 30, 50, 53, 55, 60, 65,and 70, and 75:
"Administrative Hearing Officer" means an individual who is an attorney licensed to practice law in the State of Oklahoma and is appointed by the Commissioner of ODMHSAS to preside over and issue a proposed order in individual proceedings.
"AOA" means American Osteopathic Association.
"Behavioral Health Aide (BHA)" means individuals must have completed sixty (60) hours or equivalent of college credit or may substitute one year of relevant employment and/or responsibility in the care of children with complex emotional needs for up to two years of college experience, and:
(A) must have successfully completed the specialized training and education curriculum provided by the ODMHSAS; and
(B) must be supervised by a bachelor's level individual with a minimum of two years case management experience or care coordination experience; and
(C) treatment plans must be overseen and approved by a LBHP or Licensure Candidate; and
(D) must function under the general direction of a LBHP, Licensure Candidate and/or systems of care team, with a LBHP or Licensure Candidate available at all times to provide back up, support, and/or consultation.
"Board" means the Oklahoma State Board of Mental Health and Substance Abuse Services.
"CARF" means Commission on Accreditation of Rehabilitation Facilities (CARF).
"Certification" means a status which is granted to a person or an entity by the Oklahoma State Board of Mental Health and Substance Abuse Services or the ODMHSAS, and indicates the provider is in compliance with minimum standards as incorporated in OAC 450 to provide a particular service. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Certified Alcohol and Drug Counselor (CADC)" means Oklahoma certification as an Alcohol and Drug Counselor.
"Certified Behavioral Health Case Manager" or "CM" means any person who is certified by the ODMHSAS as a Behavioral Health Case Manager pursuant to Oklahoma Administrative Code, Title 450, Chapter 50.
"Certified facility" means any facility which has received a certification status by the Oklahoma State Board of Mental Health and Substance Abuse Services or the ODMHSAS.
"Certification report" means a summary of findings documented by ODMHSAS related to an applicant's compliance with certification standards.
"COA" means the Council on Accreditation of Services for Families and Children, Inc.
"Consumer" means an individual who has applied for, is receiving or has received evaluation or treatment services from a facility operated or certified by ODMHSAS or with which ODMHSAS contracts and includes all persons referred to in OAC Title 450 as client(s) or patient(s) or resident(s) or a combination thereof.
"Critical incident" means an occurrence or set of events inconsistent with the routine operations of a facility, service setting, or otherwise routine care of a consumer. Critical incidents specifically include, but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to consumers, staff, and visitor; medication errors; residential consumers that have absent without leave (AWOL); neglect or abuse of a consumer; fire; unauthorized disclosure of information; damage to or theft of property belonging to consumers or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Discharge summary" means a clinical document in the treatment record summarizing the consumer's progress during treatment, with goals reached, continuing needs, and other pertinent information including documentation of linkage to aftercare.
"Contractor" or "contractors" means any person or entity under contract with ODMHSAS for the provision of goods, products or services.
"Employment Consultant (EC)" means an individual who (i) has a high school diploma or equivalent; and (ii) successful completion of Job Coach training.
"Entities" or "entity" means sole proprietorships, partnerships and corporations.
"Facilities" or "facility" means entities as described in 43A O.S. § 1-103(7), community mental health centers, residential mental health facilities, community-based structured crisis centers, certified services for the alcohol and drug dependent, programs of assertive community treatment, eating disorder treatment, gambling addiction treatment, and narcotic treatment programs.
"Family" means the parents, brothers, sisters, other relatives, foster parents, guardians, and others who perform the roles and functions of family members in the lives of consumers.
"Family Support and Training Provider (FSP)" means:
(A) have a high school diploma or equivalent;
(B) be 21 years of age and have successful experience as a family member of a child or youth with serious emotional disturbance, or have lived experience as the primary caregiver of a child or youth who has received services for substance use disorder and/or co-occurring substance use and mental health, or have lived experience being the caregiver for a child with Child Welfare/Child Protective Services involvement;
(C) successful completion of Family Support Training according to a curriculum approved by the ODMHSAS and pass the examination with a score of 80% or better;
(D) pass OSBI background check;
(E) treatment plans must be overseen and approved by a LBHP or Licensure Candidate; and
(F) must function under the general direction of a LBHP, Licensure Candidate or systems of care team, with a LBHP or Licensure Candidate available at all times to provide back up, support, and/or consultation.
"Follow-up" means the organized method of systematically determining the status of consumers after they have been discharged to determine post-treatment outcomes and utilization of post-treatment referrals.
"Governing authority" means the individual or group of people who serve as the treatment facility's board of directors and who are ultimately responsible for the treatment facility's activities and finances.
"Individual proceeding" means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature.
"Institutional Review Board" or "IRB" means the ODMHSAS board established in accordance with 45 C.F.R. Part 46 for the purposes expressed in this Chapter.
"Intensive Case Manager (ICM)" means an individual who is designated as an ICM and carries a caseload size of not more than twenty-five (25) individuals. They are a LBHP, Licensure Candidate, CADC, or certified as a Behavioral Health Case Manager II, and have:
(A) a minimum of two (2) years Behavioral Health Case Management experience,
(B) crisis diversion experience, and
(C) successfully completed ODMHSAS ICM training.
"IRB approval" means the determination of the IRB that the research has been reviewed and may be conducted within the constraints set forth by the IRB and by other agency and Federal requirements.
"Levels of performance" or "level of performance" means units of service by types of service.
"Licensed Alcohol and Drug Counselor" or "LADC" means any person who is licensed through the State of Oklahoma pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.
"Licensed Behavioral Health Professional" or "LBHP" means:
(A) An Allopathic or Osteopathic Physician with a current license and board certification in psychiatry or board eligible in the state in which services are provided, or a current resident in psychiatry;
(B) An Advanced Practice Registered Nurse licensed as a registered nurse with a current certification of recognition from the board of nursing in the state in which services are provided and certified in a psychiatric mental health specialty;
(C) A Clinical Psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists;
(D) A Physician Assistant who is licensed in good standing in Oklahoma and has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions;
(E) A practitioner with a license to practice in the state in which services are provided issued by one of the following licensing boards:
(i) Social Work (clinical specialty only);
(ii) Professional Counselor;
(iii) Marriage and Family Therapist;
(iv) Behavioral Practitioner; or
(vi Alcohol and Drug Counselor.
"Licensed dietitian" means a person licensed by the Oklahoma Board of Medical Licensure and Supervision as a dietitian.
"Licensed mental health professional" or "LMHP" as defined in Title 43A §1-103(11).
"Licensed physician" means an individual with an M.D. or D.O. degree who is licensed in the state of Oklahoma to practice medicine.
"Licensed practical nurse" means an individual who is a graduate of an approved school of nursing and is licensed in the State of Oklahoma to provide practical nursing services.
"Licensure candidate" means practitioners actively and regularly receiving board approved supervision, and extended supervision by a fully licensed clinician if board's supervision requirement is met but the individual is not yet licensed, to become licensed by one of the following licensing boards:
(A) Psychology;
(B) Social Work (clinical specialty only);
(C) Professional Counselor;
(D) Marriage and Family Therapist;
(E) Behavioral Practitioner; or
(F) Alcohol and Drug Counselor.
"Minimal risk" means that the probability and magnitude of harm or discomfort anticipated in the research are not greater, in and of themselves, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examination or tests.
"ODMHSAS" or "Department" means the Oklahoma Department of Mental Health and Substance Abuse Services.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Paraprofessional" means a person who does not have an academic degree related to the scope of treatment or support services being provided but performs prescribed functions under the general supervision of that discipline.
"Peer Recovery Support Specialist" or "PRSS" means an individual certified by ODMHSAS as a Peer Recovery Support Specialist pursuant to requirements found in OAC 450:53.
"Performance improvement" means an approach to the continuous study and improvement of the processes of providing services to meet the needs of consumers and others.
"Probationary certification" means a certification status granted for a period less than three (3) years.
"Psychiatrist" means a licensed physician who specialized in the assessment and treatment of individuals having psychiatric disorders and who is fully licensed to practice medicine in the state in which he or she practices and is certified in psychiatry by the American Board of Psychiatry and Neurology, or has equivalent training or experience.
"Registered nurse" means an individual who is a graduate of an approved school of nursing and is licensed in the state of Oklahoma to practice as a registered nurse.
"Rehabilitative services" means face-to-face individual or group services provided by qualified staff to develop skills necessary to perform activities of daily living and successful integration into community life.
"Reimbursement rates" means the rates at which all contractors are reimbursed (paid) for services they provide under their ODMHSAS contract.
"Research" means
a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this Chapter, whether or not they are conducted or supported under a program that is considered research for other purposes. For example, some demonstration and service programs may include research activities.
"Respondent" means the person(s) or entity(ies) named in a petition for an individual proceeding against whom relief is sought.
"Sentinel event" means a type of critical incident that is an unexpected occurrence involving the death or serious physical or psychological injury to a consumer or risk thereof. Serious injury specifically includes loss of limb or function. The phrase "or risk thereof" includes a variation in approved processes which could carry a significant chance of a serious adverse outcome to a consumer. These events signal the need for immediate investigation and response. Sentinel events include, but are not limited to suicide, homicide, criminal activity, assault and other forms of violence, including domestic violence or sexual assault, and adverse drug events resulting in serious injury or death.
"Service area" means a geographic area established by the Department of Mental Health and Substance Abuse Services for support of mental health [43A O.S. § 3-302(1)].
"Service Provider" means a person who is allowed to provide substance abuse services within the regulation and scope of their certification level or license.
"Site Review Protocol" means an ODMHSAS document developed as a work document in the certification site visit(s) that is based primarily upon the rules (standards/criteria) being reviewed. The Site Review Protocol is used in preparing the Certification Report, which is provided to the facility as well as to the Board for its consideration and action related to certification.
"Staff privileging" means an organized method for facilities and programs to authorize an individual to provide specific care and treatment services to consumers within well-defined limits, based on the evaluation of the individual's license, education, certification, training, experience, competence, judgment, and other credentials.
"Support Services Provider (SSP)" means an individual age eighteen (18) or older with a high school diploma or equivalent.
"TJC" means The Joint Commission formerly referred to as the Joint Commission on Accreditation of Healthcare Organizations or JCAHO.
"Tobacco" means any nicotine delivery product or device that is not approved by the U.S. Food and Drug Administration (FDA) for the purpose of nicotine dependence treatment, including, but not limited to cigarettes, cigars, snuff, chewing tobacco, electronic cigarettes and vaping devices.
"Volunteer" means any person who is not on the program's payroll, but provides services and fulfills a defined role within the program and includes interns and practicum students.
This, and all subsequent chapters are applicable, unless otherwise specifically noted in a chapter, subchapter, part or section of Oklahoma Administrative Code Title 450, to the Oklahoma Department of Mental Health and Substance Abuse Services, the State Board of Mental Health and Substance Abuse Services, and:
(1) all employees and institutions and facilities of ODMHSAS (43A O.S. §§ 3-101 and 3-107); and
(2) all facilities (43A O.S.§§ 1-103(7), 3-306.1, 3-315, 3-317, 3-319, 3-320, 3-222, 3-323A and 3-415) under contract with ODMHSAS; and
(3) all facilities subject to certification by ODMHSAS (43A O.S. §§ 3-306.1, 3-315, 3-317, 3-319, 3-320, 3-222, 3-415, 3-601); and
(4) institutions, organizations and individuals subject to certification by ODMHSAS to provide alcohol and drug substance abuse courses (43A O.S. §§ 3-451 through 3-453); and
(5) agencies and individuals subject to certification by ODMHSAS to provide alcohol and drug assessment and evaluation programs related to driver's license revocation [47 O.S. §§ 11-902(G) and 6-212.2; 43A O.S. § 3-460];
(6) individuals subject to certification to be a behavioral health case manager pursuant to 43A O.S. § 3-318; and
(7) Individuals subject to certification to be recovery support specialist to 43A O.S. § 3-326.; and
(8) Individuals subject to certification to be a problem gambling treatment counselor pursuant to 43A O.S. § 3-322a.
SUBCHAPTER 9. Certification and Designation of Facility Services 450:1-9-5. Qualifications for certification of facilities, programs and individuals (a) Qualifications for certification of facilities and programs providing mental health, substance related, or addictive disorder treatment services are as follows:
(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those Core Organizational Standards, Core Operational Standards and Quality Clinical Standards formally codified in Title 450 regulating the area for which certification is sought:
(A) Chapter 16, Standards and Criteria for Community Residential Mental Health Facilities;
(B) Chapter 17, Standards and Criteria for Community Mental Health Centers;
(C) Chapter 18, Standards and Criteria for Substance Related and Addictive Disorder Treatment Services;
(D) Chapter 23, Standards and Criteria for Community Based Structured Crisis Centers;
(E) Chapter 24, Standards and Criteria for Comprehensive Community Addiction Recovery Centers;
(F) Chapter 27, Standards and Criteria for Mental Illness Service Programs;
(G) Chapter 55, Standards and Criteria for Programs of Assertive Community Treatment;
(H) Chapter 60, Standards and Criteria for Certified Eating Disorder Treatment Programs;
(I) Chapter 65, Standards and Criteria for Gambling Treatment Programs; and (2) Chapter 70, Standards and Criteria for Opioid Substitution Treatment Programs.
(2) Compliance with applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards set forth in OAC 450:1-9-5.4, OAC 450:1-9-5.5 and OAC 450:1-9-5.6. Core Organizational Standards, Core Operational Standards and Quality Clinical Standards address separate requirements as follows:
(A) Core Organizational Standards address requirements necessary to assure the public and consumers of services that essential organizational functions are substantially in place at the facility and the facility is prepared to initiate services for which certification is being requested. These requirements can be verified prior to the initiation of services for which the organization is requesting certification.
(B) Core Operational Standards address other essential conditions and processes that must be in place to assure basic safety and protection of consumer rights. Some of these requirements can also be verified prior to the initiation of service. Others must be verified when an organization begins providing services.
(C) Quality Clinical Standards address actual services provided, qualifications of staff, clinical documentation, and processes designed to assure consistency in quality and efficacy of services. These requirements can only be verified after a reasonable time during which services have been provided.
(3) Compliance with all applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards will be evaluated in the manner and methods prescribed by ODMHSAS. Compliance methods include, but are not limited to, on-site inspections and observation, staff interviews, and review of relevant records and documentation as determined by ODMHSAS. Failure to provide documentation or access requested by ODMHSAS will be grounds for disciplinary action. Failure to demonstrate compliance with any applicable standard will result in immediate suspension and/or revocation.
(4) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure, other licenses, or permits required of organizational entities.
(b) A certified Community Mental Health Center that provides alcohol and drug treatment services in the course of its outpatient or inpatient services, but has no designated or specialized alcohol and drug abuse treatment program component, shall not be subject to additional certification under Chapter 18 of this Title.
(c) A certified Community Mental Health Center providing alcohol and drug abuse treatment services as a designated or specialized program component shall be subject to certification under Chapter 18 or Chapter 24 of this Title.
(d) Qualifications for certification of entities and individuals providing alcohol and drug course instruction or assessments are as follows:
(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450, Chapter 21, Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments.
(2) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure and other licenses or permits.
(e) Qualifications for certification of individual providers of mental health, substance use, or addictive disorder services are as follows:
(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450 regulating the area for which certification is sought:
(A) Chapter 50, Standards and Criteria for Certified Behavioral Health Case Managers; and
(B) Chapter 53, Standards and Criteria for Certified Peer Recovery Support Specialists.; and
(C) Chapter 75, Standards and Criteria for Certified Problem Gambling Treatment Counselors.
(2) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure and other licenses or permits.
450:1-9-5.8. Types and duration of certification of individuals (a) Certification for organizations and individuals providing alcohol and drug abuse course instruction or assessments will be in accordance with requirements and procedures stipulated in OAC 450:21.
(b) Certification for Behavioral Health Case Managers will be in accordance with requirements and procedures stipulated in OAC 450:50.
(c) Certification for Recovery Support Specialists will be done in accordance with requirements and procedures stipulated in OAC 450:53.
(d) Certification for Problem Gambling Treatment Counselors will be done in accordance with requirement and procedures stipulated in OAC 450:75.
450:1-9-6. Procedures for application for certification (a) Applications for certification as a community mental health center, community residential mental health facility, community-based structured crisis center, comprehensive community addiction recovery centers, mental illness service programs, eating disorder treatment program, alcohol and drug treatment program, program of assertive community treatment, gambling addiction treatment program, and narcotic treatment program must be made to ODMHSAS in writing on a form and in a manner prescribed by the Commissioner of ODMHSAS and include the following:
(1) A fully completed ODMHSAS application for certification form signed by authorized officials;
(2) The necessary written documentation or supporting evidence required on the application for certification form; and
(3) The required certification fee in the form of a check or money order, payable to the Oklahoma Department of Mental Health and Substance Abuse Services.
(4) The following fees are required:
(A) Application fee for all Treatment Programs is $1,000 per certification period.
(B) Application fee for Community Residential Mental Health Programs is $100 per certification period.
(5) The application for certification form, required written documentation and fee must be submitted to Oklahoma Department of Mental Health and Substance Abuse Services, Provider Certification Division, P.O. Box 53277, Oklahoma City, Oklahoma 73152-3277.
(6) The application may require a listing of all services provided by the applicant, as well as specifics about the applicant including but not limited to governing authority, administrative, fiscal, proof of status as a business entity recognized by the State of Oklahoma, Secretary of State, all locations or sites where applicant will provide services and types of services to be provided.
(7) The application must include a listing of key personnel responsible for business and clinical operations of the facility. At a minimum, the application will require a listing of the following, along with current contact information:
(A) Agency director;
(B) Business director or financial officer;
(C) Clinical director, currently licensed in the clinical area(s) for which certification is sought.
(i) If both substance use disorder treatment and mental health treatment services will be provided by the entity, the Clinical Director must have evidence of dual license or additional training in the area for which they are not currently licensed.
(ii) The facility must also provide evidence that the Clinical Director will be employed to serve as Clinical Director a minimum of ten (10) hours per week.
(8) ODMHSAS may refund certification fees based on exemplary performance during the Certification process for which the application has been submitted and based on guidelines established by ODMHSAS.
(b) Applications for certification or credentials as an individual provider must be made to ODMHSAS in writing on a form and in a manner prescribed by the Commissioner of ODMHSAS and, as applicable, in accordance with specific requirements stipulated in OAC 450:21, OAC 450:50, and OAC 450:53., and OAC 450:75.
(c) Failure to provide required materials within sixty (60) days of receipt of the application will result in a denial of the application.
450:1-9-7.3. Additional certification procedures (a) Site reviews. The following conditions will apply to site visits and other related certification reviews conducted by ODMHSAS.
(1) Initial, renewal or follow-up site reviews, based on the current certification status of the applicant, will be scheduled and conducted by designated representatives of the ODMHSAS at each location or site of the applicant.
(2) ODMHSAS may require materials be submitted to Provider Certification, in a form determined by ODMHSAS, prior to on-site visits to verify compliance with one or more applicable Core Organizational Standards, Core Operational Standards, and/or Quality Clinical Standards.
(3) One or more site review(s) may be conducted to determine compliance with prior deficiencies as well as with standards not applicable during the prior certification visit(s).
(4) A minimum number of consumer records, as determined by ODMHSAS, shall be made available for review to determine compliance with applicable Quality Clinical Standards. For organizations, unable to provide the required minimum of records, the current certification status, including a Permit for Temporary Operations, will be allowed to expire. ODMHSAS may require review of additional consumer records to assure a representative sample of records is evaluated to determine compliance with Quality Clinical Standards.
(5) A Site Review Protocol shall be completed during each certification review. Protocols shall contain the current ODMHSAS Standards and Criteria applicable to the facility.
(A) A facility must be prepared to provide evidence of compliance with each applicable standard.
(B) In the event the reviewer(s) identifies some aspect of facility operation that adversely affects consumer safety or health, the reviewer(s) shall notify the facility director and appropriate ODMHSAS staff. An immediate suspension of certification may be made by the Commissioner of ODMHSAS.
(b) Accreditation status. The ODMHSAS may accept accreditation granted by The Joint Commission (TJC), the Commission on Accreditation of Rehabilitation Facilities (CARF), the Council on Accreditation of Services for Families and Children, Inc. (COA), or the American Osteopathic Association (AOA) as compliance with certain specific ODMHSAS standards. For such to be considered, the facility shall make application and submit evidence to the ODMHSAS of current accreditation status. This evidence shall include documentation of the program or programs included in the most recent accreditation survey, including survey reports of all visits by the accrediting organization, any reports of subsequent actions initiated by the accrediting organization, any plans of correction, and the dates for which the accreditation has been granted.
(c) Deficiencies. A deficiency shall be cited for each rule not met by the facility.
(d) Report to applicant and plan of correction.
(1) During the course of the certification process, and prior to determination of certification status, ODMHSAS staff shall report the results of the certification review to the facility. The facility shall receive written notice of the deficiencies in a Certification Report in accordance with 450:1-9-7, 450:1-9-7.1, and 450:1-9-7.3.
(2) The facility may be required to submit a written plan of correction as determined by 450:1-9-7, 450:1-9-7.1, and 450:1-9-7.3. Approval of the plan of correction by Provider Certification may be required before a final report of findings can be presented to ODMHSAS or the Board.
(3) If a request for a revised plan of correction is necessary, the facility must submit an acceptable plan of correction within the required time frame to continue the certification process. Failure to submit a timely and adequate revised plan of correction shall result in either a notice of denial of the application, expiration of certification, or revocation of the certification status, as applicable.
(e) Notification of consideration and possible action for certification.
(1) After consideration of materials requested by ODMHSAS pursuant to certification procedures, and completion of the necessary review(s), ODMHSAS staff shall prepare a report that summarizes findings related to compliance with applicable certification standards.
(2) Reports regarding applications for Permit for Temporary Operations will be forwarded to the ODMHSAS Board, the Commissioner, or designee.
(3) Reports for all other Certification applications will be forwarded to the ODMHSAS Board for consideration or in accordance with procedures outlined in OAC 450:21, OAC 450:50,or OAC 450:53., or OAC 450:75.
(4) Prior to the ODMHSAS staff's presentation of its report related to the applicant's certification to the Board or the Commissioner or designee the ODMHSAS staff shall notify the applicant of:
(A) the findings included in the report, and
(B) the date and time of the Board meeting at which the facility's application, and the certification will be considered.
(5) Achievement of certain scores is a prerequisite for consideration of a specific certification status but may not be the sole determinant. Individual deficiencies that meet the criteria in 450:1-9-9 may be grounds for suspending or revoking certification or denying applications for certification.
(6) Consideration
of certification may be deferred while additional information regarding a facility's compliance status is reviewed.
(7) The minimum conditions for compliance that must be verified by ODMHSAS for consideration of a certification status shall be stipulated in 450:1-9-5.7.
(f) Recommendations for revocation of certification. In the event ODMHSAS can not verify compliance with applicable certification standards in accordance with 450:1-9-5.7, except for Permits for Temporary Operations, ODMHSAS shall forward recommendation for revocation of certification to the Commissioner or designee. If the Commissioner or designee approves a recommendation to revoke certification, an individual proceeding shall be initiated pursuant to Subchapter 5. Applicants unable to demonstrate compliance with standards required for Permit for Temporary Operation are not subject to the provisions for revocation and are simply denied the Permit as stipulated in 450:1-9-7.
[OAR Docket #21-765; filed 10-29-21]
TITLE 450. Department of Mental Health and Substance Abuse Services CHAPTER 75. Standards and Criteria for Certified Problem Gambling Treatment Counselors EMERGENCY adoption
Subchapter 1. General Provisions [NEW]
450:75-1-1 [NEW]
450:75-1-2 [NEW]
450:75-1-3 [NEW]
Subchapter 3. Certification Criteria and Application Requirements [NEW]
450:75-3-1 [NEW]
450:75-3-3 [NEW]
450:75-3-5 [NEW]
450:75-3-7 [NEW]
450:75-3-9 [NEW]
450:75-3-11 [NEW]
Subchapter 5. Rules of Professional Conduct [NEW]
450:75-5-1 [NEW]
450:75-5-3 [NEW]
450:75-5-5 [NEW]
450:75-5-7 [NEW]
Subchapter 7. Enforcement [NEW]
450:75-7-1 [NEW]
450:75-7-3 [NEW]
Oklahoma Department of Mental Health and Substance Abuse Services Board; 43A O.S. §§ 2-101, 3-322a
September 24, 2021
Immediately upon Governor's approval or November 1, 2021, whichever is later.
October 28, 2021
Effective through September 14, 2022 unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
In accordance with House Bill 2006, the proposed emergency rules implement provisions to establish standards and criteria for Certified Problem Gambling Treatment Counselors.
The proposed emergency rules establish standards and procedures for certification of Problem Gambling Treatment Counselors, including criteria for certification and renewal, fees, application requirements, education and training requirements, continuing education requirements, and rules of professional conduct.
Melissa Miller, Oklahoma Department of Mental Health and Substance Abuse Services, 2000 N. Classen Blvd, Suite E600, Oklahoma City, Oklahoma 73106, (405) 248-9345.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED UPON APPROVAL OF THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F), AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR NOVEMBER 1, 2021, WHICHEVER IS LATER: SUBCHAPTER 1. General Provisions This Chapter implements 43A O.S. § 3-322a, which authorizes the Board of Mental Health and Substance Abuse Services, or the Commissioner upon delegation by the Board, to certify Problem Gambling Treatment Counselors. Section 3-322a requires the Board to promulgate rules and standards for certification of Problem Gambling Treatment Counselors addressing criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Assessment" means those procedures by which a Problem Gambling Treatment Counselor provides an on-going evaluation process with the consumer to collect his or her historical information, and identify strengths, needs, abilities, and preferences in order to determine a plan for recovery.
"Board" means the State Board of Mental Health and Substance Abuse Services.
"Case management services" means planned referral, linkage, monitoring and support, and advocacy provided in partnership with a consumer to support the consumer in self-sufficiency and community tenure. Services take place in the individual's home, in the community, or in a facility, in accordance with the service plan developed with and approved by the consumer and qualified staff.
"Certified Problem Gambling Treatment Counselor" means an individual who is certified by the Oklahoma Department of Mental Health and Substance Abuse Services to offer problem gambling treatment services as an employee of a mental health facility or a drug or alcohol treatment facility that is operated by the Department or contracts with the State to provide behavioral health services, a tribe or tribal facility that provides behavioral health services, or an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
"Consumer" means an individual, adult, adolescent, or child who has applied for, is receiving or has received evaluation or treatment services from a facility operated or certified by ODMHSAS or with which ODMHSAS contracts and includes all persons referred to in OAC Title 450 as client(s) or patient(s) or resident(s) or a combination thereof.
"Contact" means any encounter with a consumer who is inquiring about or seeking services.
"Department" or "ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse Services.
"Discharge planning" means the process, begun at admission, of determining a consumer's continued need for treatment services and of developing a plan to address ongoing consumer post-treatment and recovery needs.
"DSM" means the most current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
"Family therapy" means a method of using various commonly accepted treatment approaches provided face-to-face by a treatment professional with the consumer's family, guardian, and/or support system to promote positive emotional or behavioral change.
"Group therapy" means a method of using various commonly accepted treatment approaches provided face-to-face by a treatment professional with two (2) or more consumers that does not consist of solely related individuals, to promote positive emotional or behavioral change. Services rendered in this setting should be guided by the consumer's treatment goals and objectives, and does not include social or daily skill development as described in educational group counseling.
"ICGC"
means International Certified Gambling Counselor, offered at levels I or II through the International Gambling Counselor Certification Board.
"Individual therapy" means a method of using various commonly accepted treatment approaches provided face-to-face by a treatment professional with one consumer to promote positive emotional or behavioral change.
"Licensure candidate" means a practitioner actively and regularly receiving board approved supervision, and extended supervision by a fully licensed clinician if board's supervision requirement is met but the individual is not yet licensed, to become licensed by one of the following licensing boards:
(A) Psychology;
(B) Social Work (clinical specialty only);
(C) Professional Counselor;
(D) Marriage and Family Therapist;
(E) Behavioral Practitioner; or
(F) Alcohol and Drug Counselor.
"NCGC" means National Certified Gambling Counselor, offered at levels I or II through the International Gambling Counselor Certification Board.
"Oklahoma Association on Problem Gambling and Gaming" or "OAPGG" means an entity which provides training and educational resources for Certified Problem Gambling Treatment Counselors and applicants.
"Problem gambling" means a persistent and recurrent maladaptive gambling behavior that disrupts personal, family, or vocational pursuits as defined by the most recent edition of the DSM.
"Problem gambling treatment services" means treatment activities for consumers by a gambling treatment professional that include the following:
(A) Assessment;
(B) Treatment planning;
(C) Individual, group and family therapy;
(D) Case management; and
(E) Discharge planning.
"Psychotherapy" or "Therapy" means a goal directed process using generally accepted clinical approaches provided face-to-face by a qualified service provider with consumers in individual, group or family settings to promote positive emotional or behavioral change.
"Treatment planning" means the process by which a treatment professional and the consumer together and jointly identify and rank problems, establish agreed-upon immediate short-term and long-term goals, and decide on the treatment process and resources to be utilized.
450:75-1-3. Authority of the Commissioner and Department (a) The Commissioner shall have the authority and duty to issue, renew, revoke, deny, suspend and place on probation certifications to offer problem gambling treatment and shall have authority to reprimand Certified Problem Gambling Treatment Counselors.
(b) The Department shall have authority to:
(1) Receive and deposit fees pursuant to 43A O.S. § 3-322a;
(2) Examine all qualified applicants for Certified Problem Gambling Treatment Counselor;
(3) Investigate complaints and possible violation of the rules and standards of Certified Problem Gambling Treatment Counselors;
(4) Make
recommendations regarding the outcome of formal complaints; and
(5) Enforce the recommendations of the formal complaint process.
SUBCHAPTER 3. Certification Criteria and Application Requirements 450:75-3-1. Qualifications for certification (a) Each applicant for certification as a Certified Problem Gambling Treatment Counselor shall:
(1) Be employed within six (6) months from the date the final application for certification was submitted at a mental health facility or a substance use disorder/addiction treatment facility that is operated by the Department or contracts with the State to provide behavioral health services, a tribe or tribal facility that provides behavioral health service, or an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility;
(2) Possess good moral turpitude;
(3) Be at least 21 years of age; and
(4) Otherwise comply with rules promulgated by the Board implementing 43A O. S. § 3-322a.
(b) In addition to the qualifications specified in subsection (a), an applicant for a certification as a Certified Problem Gambling Treatment Counselor must meet the following criteria:
(1) Meet one of the following:
(A) Hold a current, valid license to practice in the state in which services are provided from one of the following licensing boards:
(i) Social Work (clinical specialty only);
(ii) Professional Counselor;
(iii) Marriage and Family Therapist; or
(iv) Alcohol and Drug Counselor.
(B) Hold a current, valid license to practice as a Clinical Psychologist from the State Board of Examiners of Psychologists; or
(C) Be a licensure candidate as defined in OAC 450:75-1-2.
(2) Have completed the required training and experience as follows:
(A) Completion of the thirty (30) hour Basic Training for Problem Gambling from the Oklahoma Association on Problem Gambling and Gaming (OAPGG) or another entity approved by the Department; and
(B) Completion of twelve (12) hours of group case consultation and presentation of at least two (2) case studies for feedback to an OAPGG consultant; and
(C) Completion of fifty (50) hours of documented clinical experience with gambling consumers after attending the training required in part (2) above.
(D) Applicants with current or former certification as a National Certified Gambling Counselor (NCGC) I or II or certification as an International Certified Gambling Counselor (ICGC) I or II from the International Gambling Counselor Certification Board (IGCCB) are not required to complete the training and experience in parts (A), (B), and (C) above for application. If such certification is lapsed, applicants must complete ten (10) hours of approved gambling-specific Continuing Education Units (CEUs) within the twelve (12) months prior to application submission for certification as a Certified Problem Gambling Treatment Counselor.
(E) Applicants with current state certification as a problem gambling counselor from another state may request a waiver of the training and experience requirements in parts (A), (B), and (C) above. The Department may grant such a waiver if the state certification is deemed sufficient by the Department.
(c) Licensure candidates may submit an application for certification as a Certified Problem Gambling Treatment Counselor in order to complete the training and experience requirements while under supervision. However, the application shall only be considered for final application approval once the individual can provide documentation of licensure.
(d) Initial application may be made prior to completion of the training and experience requirements. However, the application shall only be considered for final application approval once the individual can provide documentation that all training and experience requirements have been completed.
(e) If an applicant has not completed the training and experience requirements at the time of initial application, the applicant shall have no more than two (2) years from the date of initial application submission to submit all necessary components for final application processing in accordance with OAC 450:75-3-3.
(f) Applicants for renewal of certification as a Certified Problem Gambling Treatment Counselor must complete ten (10) hours of approved gambling-specific Continuing Education Units (CEUs) within the twelve (12) months prior to renewal application submission.
450:75-3-3. Application for certification (a) Application for certification as a Certified Problem Gambling Treatment Counselor shall be submitted to the Department on a form and in a manner prescribed by the Commissioner or designee.
(b) The initial application shall include the following items:
(1) Application form completed in full according to its instructions;
(2) Copy of a current, valid license required in 450:75-3-1(b)(1) or documentation of status as a licensure candidate. If the latter is supplied, a copy of a current, valid license is required for final application processing;
(3) Documentation of required training and experience:
(A) Certificate of completion of Basic Training for Problem Gambling. If such training was provided by an entity other than OAPGG, documentation of course content must also be provided; and
(B) Documentation of group case consultation and presentation; and
(C) Documentation of clinical experience; or
(D) Copy of National Gambling Counselor Certification or International Gambling Counselor Certification. If such certification is lapsed, documentation of CEUs as required in 450:75-3-1(b)(2)(D) must also be provided; or
(E) Copy of current state certification as a problem gambling counselor from another state for consideration by the Department.
(F) With the exception of item (D) above, documentation of required training and experience may be supplied after the initial application is submitted but is required for final application processing.
(4) Signed Gambling Counselor Ethical Standards statement;
(5) Criminal history or other report, if requested; and
(6) Fees.
(c) A renewal application shall include the following items:
(1) Application form completed in full according to its instructions;
(2) Documentation of ten (10) hours of approved gambling-specific CEUs within the twelve (12) months prior to renewal application submission;
(3) Signed Gambling Counselor Ethical Standards statement;
(4) Criminal history or other report, if requested; and
(5) Fees.
450:75-3-5. Duration of certification (a) Issuance. ODMHSAS will issue an appropriate certification to all applicants who successfully complete the requirements for certification as specified in this Chapter.
(b) Renewal. Unless revoked, certification issued pursuant to this Chapter must be renewed by June 30 of the calendar year following the first twelve (12) months of continuous certification and annually by June 30 thereafter.
(c) Suspension and Reinstatement. Certifications not renewed by the renewal deadline will be suspended. A suspended certification may be renewed by submitting required fees and documentation within six (6) months of the date of suspension. Suspended certifications not renewed within this six (6) month timeframe will be terminated. The individual must then wait a period of sixty (60) days and submit a new application for certification and provide all required items for initial certification as specified in this Chapter.
(a) Application Fee. Fifty dollars ($50.00) shall be submitted with the application.
(b) Renewal Fee. Fifty dollars ($50.00) shall be submitted with the renewal application.
(c) Late Renewal Fee. An additional twenty-five dollars ($25.00) shall be included with the renewal application if the application is submitted after the June 30 deadline.
450:75-3-9. Fitness of applicants (a) The purpose of this Section is to establish the fitness of the applicant as one of the criteria for approval of certification as a Certified Problem Gambling Treatment Counselor and to set forth the criteria by which the Commissioner will determine the fitness of the applicants.
(b) The substantiation of any of the following items related to the applicant may be, as the Commissioner or designee determines, the basis for the denial, delay, or revocation of certification of the applicant:
(1) Lack of necessary skills and abilities to provide adequate services;
(2) Misrepresentation or falsification of any information on the application or other materials submitted to the Department;
(3) Revocation of license or certification required for certification under this Chapter;
(4) Violation of the Gambling Counselor Ethical Standards;
(5) Any conviction of a crime involving a child or vulnerable adult;
(6) Any conviction of a sex offense not identified in (b)(7)(D) of this Section;
(7) Any other felony conviction, unless the applicant can demonstrate to the Department's satisfaction the successful completion of a minimum of one (1) year of probation related to one or more of the offenses below:
(A) Forgery, fraud, or perjury;
(B) Burglary, arson, embezzlement, knowingly concealing stolen property, leaving the scene of an accident, or larceny;
(C) Possession, manufacturing, distribution, maintaining a dwelling, driving under the influence, contributing to the delinquency of a minor, or parent causing delinquency; or
(D) Prostitution or nonconsensual dissemination of private sexual images.
(8) A violation of the rules of professional conduct set forth in this Chapter.
(c) The Department shall obtain document(s) necessary to determine the fitness of an applicant.
(d) The Department may require explanation of negative references prior to issuance of certification.
450:75-3-11. Scope of Problem Gambling Treatment Counselor Certification A Certified Problem Gambling Treatment Counselor who meets the requirements within this Chapter is authorized to provide problem gambling treatment services, including:
(1) Assessment;
(2) Treatment planning;
(3) Individual, group and family therapy;
(4) Case management; and
(5) Discharge planning.
SUBCHAPTER 5. Rules of Professional Conduct 450:75-5-1. Responsibility and scope of practice (a) Certified Problem Gambling Treatment Counselors shall be dedicated to advancing the welfare of individuals and their families. Certified Problem Gambling Treatment Counselors shall not participate in, condone, or be associated with dishonesty, fraud, deceit or misrepresentation, and shall not exploit their relationships with the consumers for personal advantage, profit, satisfaction, or interest.
(b) Certified Problem Gambling Treatment Counselors shall practice only within the boundaries of their individual certification(s) and competence based on their education, training, experience, state and national accreditations, and licenses.
(c) Certified Problem Gambling Treatment Counselors shall only use the title if employed by a mental health facility or a substance use disorder/addiction treatment facility that is operated by the Department or contracts with the State to provide behavioral health services, a tribe or tribal facility that provides behavioral health service, or an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
(d) As an employee of a behavioral health provider, reimbursement for services rendered will not be collected outside of the agency's system of service reimbursement.
(e) Certified Problem Gambling Treatment Counselors shall provide services with populations and in areas only within the boundaries of their competence, based on education, training, consultation, study or professional experience.
(1) Certified Problem Gambling Treatment Counselors that delegate or assign work to employees, supervisees, or assistants must take reasonable steps to see that such persons perform the services competently.
(2) Certified Problem Gambling Treatment Counselors are eligible to provide services within the scope of their certification that would not lead to conflict of interest, exploitation of relationship, loss of objectivity and based on education, training, and experience.
(3) Certified Problem Gambling Treatment Counselors shall provide consumers at the beginning of service written, accurate, and complete information regarding the extent and nature of the services available to them, to include fees and manner of payment.
(f) If Certified Problem Gambling Treatment Counselors determine that they are unable to be of professional assistance to a consumer, the Certified Problem Gambling Treatment Counselor shall refer the consumer to appropriate resources when indicated. If the consumer declines the referral the Certified Problem Gambling Treatment Counselors shall terminate the relationship.
(g) Certified Problem Gambling Treatment Counselors shall not commit fraud and shall not represent that he or she performed services which were not performed.
450:75-5-3. Code of ethics and professional standards (a) Certified Problem Gambling Treatment Counselors shall adhere to the following code of ethics:
(1) Certified Problem Gambling Treatment Counselors shall be committed to respecting the dignity and autonomy of all persons that is to include, but is not limited to, professional relationships with consumers (or former consumers), supervisees, students, employees, or research participants in efforts to maintain the highest standards of their practice.
(2) Certified Problem Gambling Treatment Counselors shall terminate service to consumers, and professional relationships with them, when such service and relationships are no longer required or in which a conflict of interest arises.
(3) Certified Problem Gambling Treatment Counselors shall not, in the rendering of their professional services, participate in, condone, and promote discrimination on the basis of race, color, age, gender, religion, disability and or limitation, or national origin.
(4) Certified Problem Gambling Treatment Counselors shall be aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status and consider these factors when working with members of such groups. They shall also eliminate the effect on their work of biases based on those factors, and shall not knowingly participate in or condone activities of others based upon such prejudices or influence.
(5) Certified Problem Gambling Treatment Counselors shall be obligated to report witnessed, involved, or reported ethical violations without violation of any confidentiality rights that may be involved. Certified Problem Gambling Treatment Counselors shall be obligated to follow steps of reporting professional misconduct as set forth by the Department and in this Chapter.
(6) Certified Problem Gambling Treatment Counselors shall give precedence to his or her professional responsibility over personal interests.
(7) Certified Problem Gambling Treatment Counselors shall not engage in any form of gambling, betting, or wagering specifically with clients.
(8) Certified Problem Gambling Treatment Counselors shall not render professional services while under the influence of alcohol or other mind or mood altering drugs.
(b) Certified Problem Gambling Treatment Counselors must be aware of their influential positions with respect to consumers and not exploit the trust and dependency of consumers. Certified Problem Gambling Treatment Counselors shall refrain from dual relationships with consumers because of the potential to impair professional judgment and to increase the risk of harm to consumers. Certified Problem Gambling Treatment Counselors shall not exploit their relationships with current or former consumers, supervisees, students, employees, or others, sexually or otherwise, for personal advantage, profit, satisfaction, or interest.
(1) Certified Problem Gambling Treatment Counselors shall not have any type of sexual contact with consumers and shall not provide services to persons with whom they have had a sexual relationship.
(2) Certified Problem Gambling Treatment Counselors shall not engage in sexual contact with former consumers.
(3) Certified Problem Gambling Treatment Counselors shall not knowingly enter into a close personal relationship or engage in any business or financial dealings with a former consumer for five (5) years after the termination of the treatment relationship.
(4) Certified Problem Gambling Treatment Counselors shall be committed to each individual's rights of his or her own life choices and recovery journey by letting him or her direct the healing process.
(5) Certified Problem Gambling Treatment Counselors shall keep confidential all information entrusted except when to do so puts the consumer at grave risk. Problem Gambling Treatment Counselors will be obligated to explain the limits of confidentiality initially in the professional working relationship.
(6) If the demands of an affiliated organization for whom the Certified Problem Gambling Treatment Counselors is working is in conflict with these ethics and standards, the issues must be clarified and resolved to allow adherence to the rules set forth in this Chapter.
(7) Certified Problem Gambling Treatment Counselors shall not solicit the clients of one's agency for private practice or to change service locations.
(8) Certified Problem Gambling Treatment Counselors shall not solicit clients, particularly at gambling establishments or self-help groups.
(c) It shall be unprofessional conduct for a Certified Problem Gambling Treatment Counselor or applicant to violate a state or federal statute if the violation is directly related to the duties and responsibilities of the counselor or if the violation involves moral turpitude.
(a) Certified Problem Gambling Treatment Counselors shall report any violation of professional conduct by a Certified Problem Gambling Treatment Counselor as outlined in this Chapter.
(b) Certified Problem Gambling Treatment Counselors shall notify the Department of any change in name, address, telephone number, or employment if the counselor will continue to provide problem gambling treatment services in the new employment setting.
450:75-5-7. Failure to comply A Certified Problem Gambling Treatment Counselor who does not comply with the standards in 450:75-5-1 or 450:75-5-3 shall be guilty of unprofessional conduct and subject to disciplinary action.
SUBCHAPTER 7. Enforcement (a) ODMHSAS may impose administrative sanctions, including revocation, suspension, non-renewal of certification and reprimand against Certified Problem Gambling Treatment Counselors.
(b) The Department shall conduct itself in a manner to intervene in an immediate action to protect a consumer(s) according to the guidelines and rules provided, to prevent further detriment to any consumer.
(c) All proceedings, hearing and appeals shall be conducted in accordance with Chapter 1 of Title 450 and the Administrative Procedures Act.
450:75-7-3. Complaints of professional conduct If ODMHSAS determines that a possible violation of any rules set forth in this Chapter has occurred, ODMHSAS may commence an investigation of the complaint pursuant to this Chapter and Chapter 1 of Title 450.
[OAR Docket #21-766; filed 10-29-21]
