For the purposes of this chapter:

1. "Bureau" means the Oklahoma State Bureau of Investigation;

2. "Community services provider" means a community-based program, corporation, or individual who contracts with, or is licensed or funded by, the Department of Human Services to provide residential or vocational services to persons who are elderly or persons with intellectual or developmental disabilities, or contracts with the Oklahoma Health Care Authority to provide services to individuals with intellectual disabilities through a Home and Community-Based Waiver, except a private ICF/IID;

3. "Community services worker" means any person employed by or under contract with a community services provider who provides, for compensation or as a volunteer, health-related services, training, or supportive assistance to persons who are elderly or persons with developmental disabilities, and who is not a licensed health professional or any person who contracts with the Oklahoma Health Care Authority to provide specialized foster care, habilitation training specialist services, or homemaker services to persons with developmental disabilities;

4. "Department" means the Department of Human Services;

5. "Developmental disability" means a severe, chronic disability of a person which:

a.is attributable to a mental or physical impairment or combination of mental and physical impairments, such as an intellectual development disorder, cerebral palsy, or autism,

b.is manifested before the person attains twenty-two (22) years of age,

c.is likely to continue indefinitely,

d.results in substantial functional limitations in three or more of the following areas of major life activity:

(1)self-care,

(2)receptive and expressive language,

(3)learning,

(4)mobility,

(5)self-direction,

(6)capacity for independent living, and

(7)economic self-sufficiency, and

e.reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated;

6. "Health-related services" means those services provided by community services providers or community services workers to persons who are elderly or persons with developmental disabilities that include, but are not limited to, personal hygiene, transferring, range of motion, supervision or assistance in activities of daily living, basic nursing care such as taking temperature, pulse or respiration, positioning, incontinent care, and identification of signs and symptoms of disease. Certain tasks that may be performed as basic nursing care by community services workers require appropriate training provided or approved by the Department, written agreement by the service recipient's personal support team, and the primary care physician's acknowledgement and specific order related to the task. Under such circumstances, basic nursing care may include, but need not be limited to:

a.nutrition, including meals by gastrostomy tube or jejeunostomy tube,

b.blood glucose monitoring,

c.ostomy bag care,

d.oral suctioning, and

e.administration of oral metered dose inhalers and nebulizers;

7. "Supportive assistance" means the service rendered to persons with developmental disabilities which is sufficient to enable such person to meet an adequate level of daily living. Supportive assistance includes, but is not limited to, training, supervision, assistance in housekeeping, assistance in the preparation of meals, and assistance in activities of daily living as necessary for the health and comfort of persons with developmental disabilities;

8. "Maltreatment" means abuse, verbal abuse, sexual abuse, neglect, financial neglect, exploitation or sexual exploitation of vulnerable adults as defined in Section 10-103 of Title 43A of the Oklahoma Statutes or abuse, neglect, sexual abuse or sexual exploitation of children as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;

9. "Personal care" means a level of assistance provided in the home of an individual to meet the individual's activities of daily living needs such as bathing, grooming, meal preparation, light housekeeping, laundry, and care plan-directed errands;

10. "Medicaid personal care services provider" means a program, corporation or individual who provides services under the state Medicaid program personal care program or ADvantage Waiver to individuals who are elderly or who have a physical disability;

11. "Medicaid personal care assistant" means a person who provides Medicaid services funded under the state Medicaid program personal care program, who is not a certified nurse aide or a licensed professional;

12. "Specialized foster care" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services;

13. "Habilitation training specialist services" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services; and

14. "Homemaker services" means the home- and community-based service as defined in the 1915(c) waiver approved by the Centers for Medicare and Medicaid Services.

Added by Laws 1997, c. 407, § 11, eff. Nov. 1, 1997. Amended by Laws 2002, c. 378, § 1, eff. Nov. 1, 2002; Laws 2005, c. 38, § 2, eff. Nov. 1, 2005; Laws 2008, c. 71, § 1, eff. Nov. 1, 2008; Laws 2009, c. 234, § 144, emerg. eff. May 21, 2009; Laws 2019, c. 475, § 37, eff. Nov. 1, 2019.