{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1430.20","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1430.20","heading":"Statement of rights and responsibilities - Denial of","body":"appropriate care based on resident's source of payment - Staff\n\ntraining – Limitation of rights - Report of violations - Death of\n\nresident.\n\nA. Rules promulgated by the Director of Human Services\n\nregarding the rights and responsibilities of residents shall be\n\navailable in each group home subject to the provisions of the Group\n\nHomes for Persons with Developmental or Physical Disabilities Act,\n\nand each resident and guardian or advocate of the resident, if any,\n\nshall be provided a copy of these rules prior to or upon admission.\n\nThe provider or licensee shall ensure that the staff is familiar\n\nwith and observes the rights and responsibilities enumerated in this\n\nsection.\n\nB. A statement of rights and responsibilities shall include,\n\nbut not be limited to, the following:\n\n1. Every resident's civil and religious liberties, including\n\nthe right to independent personal decisions and knowledge of\n\navailable choices, shall not be infringed and the provider shall\n\nencourage and assist in the exercise of these rights;\n\n2. Every resident shall have the right to have private\n\ncommunications and consultations with the physician, attorney or any\n\nother person of the resident's choice, and may send and promptly\n\nreceive, unopened, the resident's personal mail;\n\n3. Every resident shall have the right, without fear of\n\nreprisal, to present grievances on behalf of the resident or others\n\nto the provider's staff or administrator, to governmental officials\n\nor to any other person, and to join with other residents or\n\nindividuals within or outside of the facility to work for\n\nimprovements in resident care;\n\n4. Every resident shall have the right to manage his or her own\n\nfinancial affairs, unless the resident delegates the responsibility,\n\nin writing, to the provider. The resident shall have at least a\n\nquarterly accounting of any personal financial transactions\n\nundertaken in the resident's behalf by the provider during any\n\nperiod of time the resident has delegated such responsibilities to\n\nthe provider;\n\n5. Every resident shall have the right to receive adequate and\n\nappropriate medical care consistent with established and recognized\n\nmedical practice standards within the community. Every resident\n\nshall be fully informed by the resident's attending physician of the\n\nresident's own medical condition and proposed treatment in terms and\n\nlanguage that the resident can understand, and shall have the right\n\nto refuse medication and treatment after being fully informed of and\n\nunderstanding the consequences of such actions;\n\n6. Every resident shall receive respect and privacy in the\n\nresident's medical care program. Case discussion, consultation,\n\nexamination and treatment shall remain confidential and shall be\n\nconducted discreetly. Personal and medical records shall be\n\nconfidential;\n\n7. Every resident shall have the right to retain and use his or\n\nher personal clothing and possessions, unless prohibited by law, and\n\nshall have the right to security in the storage and use of such\n\nclothing and possessions;\n\n8. Every resident shall have the right to be treated\n\ncourteously and respectfully and shall be furnished by the provider\n\nwith a written statement of the services and related charges;\n\n9. Every resident shall be free from mental and physical abuse,\n\nand free from physical and chemical restraints, except those\n\nphysical and chemical restraints which are authorized in writing by\n\na physician, in accordance with rules promulgated by the Department,\n\nfor a specified period of time;\n\n10. Every resident shall receive a statement of the provider's\n\nguidelines and an explanation of the resident's responsibility to\n\ncomply with all reasonable regulations of the group home and to\n\nrespect the personal rights and private property of the other\n\nresidents;\n\n11. Every resident shall receive a statement that should they\nes promulgated by the Department,\n\nfor a specified period of time;\n\n10. Every resident shall receive a statement of the provider's\n\nguidelines and an explanation of the resident's responsibility to\n\ncomply with all reasonable regulations of the group home and to\n\nrespect the personal rights and private property of the other\n\nresidents;\n\n11. Every resident shall receive a statement that should they\n\nbe adjudicated incompetent, the above rights and responsibilities\n\nshall be exercised by a court-appointed guardian;\n\n12. No resident shall be required to perform services for a\n\nprovider, except for normal, shared household tasks;\n\n13. Every resident shall have privacy for conjugal visits. A\n\nresident may share a room with a spouse, if the spouse is residing\n\nin the same group home; and\n\n14. Every resident shall be entitled to all rights provided in\n\nOAC 340:100-3-1.2.\n\nC. No provider shall deny appropriate care on the basis of the\n\nresident's source of payment.\n\nD. Each provider shall provide appropriate staff training to\n\nimplement each resident's rights as stated in this section.\n\nE. The rights enumerated in subsection B of this section may be\n\nlimited for residents of an alternative group home, as described in\n\nOAC 340:100-5-22.6, if the resident has been placed in the\n\nalternative group home pursuant to Section 1175.6b or Section\n\n1175.6c of Title 22 of the Oklahoma Statutes, or if the resident has\n\nan intellectual disability and a current community protection issue,\n\nwhich include, but are not limited to:\n\n1. Allegation(s), charge, or conviction of a sexual offense;\n\n2. A history of stalking or opportunistic behavior which\n\ndemonstrates a likelihood of committing a sexually violent or\n\npredatory act;\n\n3. A pattern of violence towards others;\n\n4. A diagnosis of an intellectual disability and mental illness\n\nwith ongoing episodes that are dangerous as defined in Section\n\n1175.1 of Title 22 of the Oklahoma Statutes; or\n\n5. Evidence of commission of a violent crime.\n\nF. An action may be brought against an individual by any\n\nresident who is injured by any violation of this section, or who\n\nshall suffer injury from any person whose threats would cause a\n\nviolation of this section if carried through, may maintain an action\n\nto prevent, restrain or enjoin a violation or threatened violation.\n\nIf a violation or threatened violation of this section shall be\n\nestablished in any action, the court shall enjoin and restrain or\n\notherwise prohibit the violation or threatened violation and assess\n\nin favor of the plaintiff and against the defendant the cost of the\n\nsuit, and the reasonable attorney fees incurred by the plaintiff.\n\nIf damages are alleged and proved in the action, the plaintiff shall\n\nbe entitled to recover from the defendant the actual damages\n\nsustained by the plaintiff. If it is proved in an action that the\n\ndefendant's conduct was willful or in reckless disregard of the\n\nrights provided by this section, punitive damages may be assessed.\n\nG. Any employee of the Department of Human Services who\n\ninspects any group home shall report any flagrant violations of\n\nSection 1430.1 et seq. of this title or any other statute to the\n\nDirector of Human Services, or a designee, who shall immediately\n\ntake whatever steps are necessary to correct the situation\n\nincluding, when appropriate, reporting the violation to the district\n\nattorney of the county in which the violation occurred.\n\nH. Upon the death of a resident who has no sources of payment\n\nfor funeral services, the provider shall immediately notify\n\nappropriate county officials who shall be responsible for funeral\n\nand burial procedures of the deceased in the same manner as with any\n\nindigent resident of the county.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eb75efffe47bb4a0db25c4e92c1409b731bbbd7bed4646ac65cfb7fa7105b525","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1430.2","next":"us-ok/okla.-stat.-tit.-10-10-1430.22"},"notice":"GroundRules: Original legal text. Not legal advice."}