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TITLE 43A
MENTAL HEALTH
_______
§43A-1. Renumbered as § 1-101 of this title by Laws
1986, c. 103, § 103, eff.
§43A‑1‑101. Short title.
This act shall be known as the Mental Health Law.
§43A‑1‑102. Purpose of law.
A. The purpose of the
Mental Health Law is to provide for the humane care and treatment of persons
who:
1.
Are mentally ill;
2.
Require treatment for drug or alcohol abuse; or
3.
Require domestic violence or sexual assault services.
B. All such residents
of this state are entitled to care and treatment in accordance with the
appropriate standard of care.
§43A-1-103.
Definitions.
When used in this title, unless otherwise expressly stated,
or unless the context or subject matter otherwise requires:
1.
"Department" means the Department of Mental Health and Substance
Abuse Services;
2. "Chair"
means the chair of the Board of Mental Health and Substance Abuse Services;
3. "Mental
illness" means a substantial disorder of thought, mood, perception,
psychological orientation or memory that significantly impairs judgment,
behavior, capacity to recognize reality or ability to
meet the ordinary demands of life;
4. "Board"
means the "Board of Mental Health and Substance Abuse Services" as
established by this law;
5.
"Commissioner" means the individual selected and appointed by
the Board to serve as Commissioner of Mental Health and Substance Abuse
Services;
6. "Indigent
person" means a person who has not sufficient assets or resources to
support the person and to support members of the family of the person lawfully
dependent on the person for support;
7.
"Facility" means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of the
mentally ill or drug-dependent or alcohol-dependent persons including, but not
limited to, public or private hospitals, community mental health centers,
clinics, satellites or institutions; provided that facility shall not mean a
child guidance center operated by the State Department of Health;
8.
"Patient" means a person under care or treatment in a facility
pursuant to the Mental Health Law, or in an outpatient status;
9. "Care and
treatment" means medical care and behavioral health services, as well as
food, clothing and maintenance, furnished to a person;
10. Whenever in this
law or in any other law, or in any rule or order made or promulgated pursuant
to this law or to any other law, or in the printed forms prepared for the
admission of patients or for statistical reports, the words "insane",
"insanity", "lunacy", "mentally sick",
"mental disease" or "mental disorder" are used, such terms
shall have equal significance to the words "mental illness";
11. "Licensed
mental health professional" means:
a.
a psychiatrist who is a diplomate of the
American Board of Psychiatry and Neurology,
b.
a physician licensed pursuant to Chapter 11 or Chapter 14 of Title 59 of
the Oklahoma Statutes who has received specific training for and is experienced
in performing mental health therapeutic, diagnostic, or counseling functions,
c.
a clinical psychologist who is duly licensed to practice by the State
Board of Examiners of Psychologists,
d.
a professional counselor licensed pursuant to Chapter 44 of Title 59 of
the Oklahoma Statutes,
e.
a person licensed as a clinical social worker pursuant to the provisions
of the Licensed Social Workers Act,
f.
a licensed marital and family therapist as defined in Chapter 44A of
Title 59 of the Oklahoma Statutes,
g.
a licensed behavioral practitioner as defined in Chapter 44B of Title 59
of the Oklahoma Statutes, or
h.
an advanced practice nurse as defined in Chapter 12 of Title 59 of the
Oklahoma Statutes specializing in mental health;
12. "Mentally
incompetent person" means any person who has been adjudicated mentally or
legally incompetent by an appropriate district court;
13.
a.
"Person requiring treatment" means:
(1) a person who because of a mental
illness of the person represents a risk of harm to self or others,
(2) a person who is a drug- or
alcohol-dependent person and who as a result of dependency represents a risk of
harm to self or others, or
(3) a person who appears to require
inpatient treatment:
(a)
(i) for a
previously diagnosed history of schizophrenia, bipolar disorder, or major
depression with suicidal intent, or
(ii) due to the appearance of
symptoms of schizophrenia, bipolar disorder, or major depression with suicidal
intent, and
(b) for whom such treatment is
reasonably believed will prevent progressively more debilitating mental
impairment.
b.
Person requiring treatment shall not mean:
(1) a person whose mental processes
have been weakened or impaired by reason of advanced years,
(2) a mentally retarded person as
defined in Title 10 of the Oklahoma Statutes,
(3) a person with seizure disorder,
or
(4) a person with a traumatic brain
injury,
unless the person also meets the
criteria set forth in subparagraph a of this paragraph;
14.
"Petitioner" means a person who files a petition alleging that
an individual is a person requiring treatment;
15. "Executive
director" means the person in charge of a facility as defined in this
section;
16. "Private
hospital or institution" means any general hospital maintaining a neuro-psychiatric unit or ward, or any private hospital or
facility for care and treatment of a person having a mental illness, which is
not supported by state or federal government, except that the term shall
include the Oklahoma Memorial Hospital Neuro-psychiatric
Unit. The term “private
hospital” or “institution” shall not include nursing homes or
other facilities maintained primarily for the care of elderly and disabled
persons;
17.
"Individualized treatment plan" means a proposal developed
during the stay of an individual in a facility, under the provisions of this
title, which is specifically tailored to the treatment needs of the
individual. Each plan shall clearly
include the following:
a.
a statement of treatment goals or objectives, based upon and related to
a clinical evaluation, which can be reasonably achieved within a designated
time interval,
b.
treatment methods and procedures to be used to obtain these goals, which
methods and procedures are related to each of these goals and which include
specific prognosis for achieving each of these goals,
c.
identification of the types of professional personnel who will carry out
the treatment procedures, including appropriate medical or other professional
involvement by a physician or other health professional properly qualified to
fulfill legal requirements mandated under state and federal law,
d.
documentation of involvement by the individual receiving treatment and,
if applicable, the accordance of the
individual with the treatment plan, and
e.
a statement attesting that the executive director of the facility or
clinical director has made a reasonable effort to meet the plan's
individualized treatment goals in the least restrictive environment possible
closest to the home community of the individual; and
18. "Risk of
harm to self or others" means:
a.
a substantial risk of physical harm to self as manifested by evidence or
serious threats of or attempts at suicide or other self-inflicted or bodily
harm,
b.
a substantial risk of physical harm to another person or persons as
manifested by evidence of violent behavior directed toward another person or
persons,
c.
having placed another person or persons in a reasonable fear of violent
behavior directed towards such person or persons or serious physical harm to
them as manifested by serious threats,
d.
a reasonable certainty that without immediate treatment severe
impairment or injury will result to the person alleged to be a person requiring
treatment as manifested by the inability of the person to avoid or protect self
from such impairment or injury, or
e.
a substantial risk of serious physical impairment or injury to self as
manifested by evidence that the person is unable to provide for and is not
providing for the basic physical needs of the person and that appropriate
provision for those needs cannot be made immediately available in the
community.
§43A‑1‑104. Public policy.
The Oklahoma Legislature hereby declares that the public
policy of this state is to assure adequate treatment of persons alleged to be in
need of mental health treatment or treatment for drug or alcohol abuse, to
establish behavioral standards for determination of dangerousness of persons in
need of such treatment, to allow for the use of the least restrictive
alternative in the determination of the method of treatment, to provide orderly
and reliable procedures for commitment of persons alleged to be in need of
treatment consistent with due process of law, and to protect the rights of
patients hospitalized pursuant to law.
§43A‑1‑105. Mental or legal
incompetence ‑ Presumptions.
No person admitted to any facility shall be considered or
presumed to be mentally or legally incompetent except those persons who have
been determined to be mentally or legally incompetent in separate and independent
proceedings of an appropriate district court.
§43A-1-106.
Representation of state in court proceedings.
The district attorneys of this state shall represent the
people of
§43A-1-107.
Venue of actions - Hearings.
A. Civil actions for
involuntary commitment of a person may be brought in any of the following
counties:
1.
The person’s county of residence;
2.
The county where the person was first taken into protective custody; or
3.
The county in which the person is being held on emergency detention.
B.
1.
Hearings in actions for involuntary commitment may be held within the
mental health facility in which the person is being detained or is to be
committed whenever the judge deems it to be in the best interests of the
patient.
2.
Such hearings shall be conducted by any judge designated by the
presiding judge of the judicial district.
Hearings may be held in an area of the facility designated by the
executive director and agreed upon by the presiding judge of that judicial
district.
C. The court may
conduct any nonjury hearing required or authorized
pursuant to the provisions of this title for detained or confined persons, at
the discretion of the judge, by video teleconferencing after advising the
person subject to possible detention or commitment of his or her constitutional
rights. If the video teleconferencing
hearing is conducted, the image of the detainee or person subject to commitment
may be broadcast by closed-circuit television to the judge. A closed-circuit television system shall
provide for two-way communications including image and sound between the
detainee and the judge.
D. The provisions for
criminal venue as provided otherwise by law shall not be applicable to proceedings
encompassed by commitment statutes referred to in this title which are deemed
civil in nature.
E. Unless otherwise
provided by law, the rules of civil procedure shall apply to all judicial
proceedings provided for in this title, including, but not limited to, the
rules concerning vacation of orders and appellate review.
§43A‑1‑108. Habeas corpus ‑
Notice ‑ Evidence.
Anyone in custody as a person in need of treatment or a
child in need of mental health treatment, pursuant to the provisions of this
title, is entitled to a writ of habeas corpus, upon a proper application made
by him or some relative or friend in his behalf pursuant to the provisions of
Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes. Upon the return of such writ, the fact of his
mental illness shall be inquired into and determined. Notice of hearing on said writ must be given
to the guardian of such patient, if one has been appointed, to the person who
applied for the original commitment and to such other persons as the court may
direct. The medical or other history of
the patient, as it appears in the institutional record, shall be given in
evidence, and the superintendent of the institution wherein such person is held
in custody, and any proper person, shall be sworn touching the condition of
such person.
The superintendent shall make available for examination by
physicians selected by the person seeking the writ, the patient whose freedom
is sought by writ of habeas corpus. Any
evidence, including evidence adduced in any previous habeas corpus proceedings,
touching upon the mental condition of the patient shall be admitted in
evidence.
§43A-1-109.
Confidential and privileged information - Disclosure.
A.
1.
All mental health and drug or alcohol abuse treatment information,
whether or not recorded, and all communications between a physician or
psychotherapist and a patient are both privileged and confidential. In addition, the identity of all persons who
have received or are receiving mental health or drug or alcohol abuse treatment
services shall be considered confidential and privileged.
2.
Such information shall only be available to persons actively engaged in
the treatment of the patient or in related administrative work. The information available to persons actively
engaged in the treatment of the consumer or in related administrative work
shall be limited to the minimum amount of information necessary for the person
or agency to carry out its function.
3. Such information shall not be disclosed to
anyone not involved in the treatment or related administrative work without a
valid written release or an order from a court of competent jurisdiction.
B.
1.
The restrictions on disclosure shall not apply to the following:
a.
communications to law enforcement officers that are directly related to
a commission of a crime by a patient on the premises of a facility or against
facility personnel or to a threat to commit such a crime, and that are limited
to the circumstances of the incident, including the patient status of the
individual committing or threatening to commit the crime, the name and address
of that individual, and the last-known whereabouts of that individual,
b.
reporting under state law of incidents of suspected child abuse and
neglect to the appropriate authorities, and
c.
disclosure of patient-identifying information to medical personnel who
have a need for information about a patient for the purpose of treating a
condition which poses an immediate threat to the health of any individual and
which requires immediate medical intervention.
2.
Disclosures under this subsection shall be limited to the minimum
information necessary to accomplish the intended purpose of the disclosure.
C. A person who is or
has been a patient of a physician, psychotherapist, mental health facility, a
drug or alcohol abuse treatment facility or service, other agency for the
purpose of mental health or drug or alcohol abuse care and treatment shall be
entitled to personal access to such person’s mental health or drug or
alcohol abuse treatment information unless such access is reasonably likely to
endanger the life or physical safety of the patient or another person as
determined by the person in charge of the care and treatment of the patient.
D.
1.
The restrictions on disclosure of mental health or drug or alcohol abuse
treatment information shall not restrict the disclosure of patient-identifying
information related to the cause of death of a patient under laws requiring the
collection of death or other vital statistics or permitting inquiry into the
cause of death. Any other disclosure
regarding a deceased patient shall require either a court order or a written
release of an executor, administrator, or personal representative appointed by
the court, or if there is no such appointment, by the spouse of the patient or,
if none, by any responsible member of the family of the patient.
2.
"Responsible family member" means the parent, adult child,
adult sibling, or other adult relative who was actively involved in providing
care to or monitoring the care of the deceased patient as verified by the
physician, psychologist or other person responsible for the care and treatment
of such person.
E. A valid written
release for disclosure of mental health or drug or alcohol abuse treatment
information shall have, at a minimum, the following elements:
1.
The specific name or general designation of the program or person
permitted to make the disclosure;
2.
The name or title of the individual or the name of the organization to
which disclosure is to be made;
3.
The name of the patient whose records are to be released;
4.
The purpose of the disclosure;
5.
A description of the information to be disclosed;
6.
The dated signature of the patient or authorized representative or both
when required;
7.
A statement of the right of the patient to revoke the release in writing
and a description of how the patient may do so;
8.
An expiration date, event or condition if not revoked before, which shall
ensure the release will last no longer than reasonably necessary to serve the
purpose for which it is given; and
9.
If the release is signed by a person authorized to act for a patient, a
description of the authority of such person to act.
§43A-1-109.1.
Treatment advocates.
A. A person having a
mental illness as defined in Section 1-103 of Title 43A of the Oklahoma
Statutes who is under the care of a licensed mental health professional shall
be informed by the licensed mental health professional or the mental health
treatment facility that the patient has the right to designate a family member
or other concerned individual as a treatment advocate. The individual so designated shall act at all
times in the best interests of the patient.
The patient may change or revoke the designation of a treatment advocate
at any time and for any reason. The
treatment advocate may participate in the treatment planning and discharge
planning of the patient to the extent consented to by the patient and as permitted
by law.
B. The Board of
Mental Health and Substance Abuse Services shall promulgate rules for all
facilities certified by the Department of Mental Health and Substance Abuse
Services as to the design, contents, and maintenance of a treatment advocate
consent form. The contents of the
consent form, at a minimum, shall include a statement indicating that the
treatment advocate understands that all mental health treatment information is
confidential and that the treatment advocate agrees to maintain confidentiality.
C. This section shall
not apply to inmates of the Oklahoma Department of Corrections.
§43A-1-110.
Reimbursement of sheriffs’ and peace
officers’ expenses in transporting persons for mental health services.
A. Sheriffs and peace
officers shall be responsible for transporting individuals to and from
designated sites or facilities for the purpose of examination, emergency
detention, protective custody and inpatient services.
B. Sheriffs and peace
officers shall be entitled to reimbursement from the Department of Mental
Health and Substance Abuse Services for transportation services associated with
minors or adults requiring examination, emergency detention, protective custody
and inpatient services.
C. Any transportation
provided by a sheriff or deputy sheriff or a peace officer on behalf of any
county, city, town or municipality of this state, to or from any facility for
the purpose of examination, admission, interfacility
transfer, medical treatment or court appearance shall be reimbursed in
accordance with the provisions of the State Travel Reimbursement Act.
§43A-2.
Renumbered as § 1-102 of this title by Laws 1986, c. 103, § 103, eff.
§43A‑2‑101. Department of Mental Health
and Substance Abuse Services - Board of Mental Health and Substance Abuse
Services.
A. There is hereby
established in this state a Department of Mental Health and Substance Abuse
Services. This Department's governing
board shall be the Board of Mental Health and Substance Abuse Services, and its
chief executive officer shall be the Commissioner of Mental Health and
Substance Abuse Services. The Department
of Mental Health and Substance Abuse Services shall exercise all functions of
the state in relation to the administration and operation of all state
institutions for the care and treatment of the mentally ill and drug- or
alcohol-dependent persons.
B. All references in
the Oklahoma Statutes to the Department of Mental Health or the Board of Mental
Health shall be construed to refer to the Department of Mental Health and
Substance Abuse Services or the Board of Mental Health and Substance Abuse
Services, respectively.
§43A‑2‑102. Department to have charge
and control of state institutions.
Unless otherwise specified by law, the Department of Mental
Health and Substance Abuse Services shall have charge and control of any and
all state institutions established for the care of the mentally ill and drug‑
or alcohol‑dependent person.
§43A-2-108.
Investigation of wrongful, negligent or improper
treatment - System for prompt resolution of complaints.
A. When the
Department of Mental Health and Substance Abuse Services has reason to believe
that any individual receiving services from a facility operated by, certified
by, or under contract with the Department has been wrongfully deprived of
liberty, or is cruelly, negligently or improperly treated, or inadequate
provision is made for the individual’s appropriate medical care, proper
supervision and safe keeping, the Department may ascertain the facts or may
require an investigation of the facts.
B. The Board shall
establish and maintain a fair, simple and expeditious system for resolution of
complaints of all individuals receiving such services.
§43A-2-109. Office of Consumer Advocacy - Advocate
General - Powers and duties.
A. The Board of
Mental Health and Substance Abuse Services is authorized and directed to
establish the Office of Consumer Advocacy within the Department of Mental
Health and Substance Abuse Services and to employ such personnel as may be
necessary to carry out the purposes of Section 2-108 of Title 43A of the
Oklahoma Statutes.
1.
The chief administrative officer of the Office of Consumer Advocacy
shall be the Advocate General, who shall be an attorney admitted to practice in
the State of Oklahoma with a minimum of three (3) years experience. The Advocate General shall report to the
Board and be supervised by the Board, and may be dismissed only for cause.
2. The Advocate
General shall have the following powers and duties:
a.
to serve as an advocate, but not as an attorney, for individuals
receiving services from facilities operated by, subject to certification by or
under contract with the Department, and, if an individual needs legal counsel,
advise the individual of the right to seek counsel and refer the individual to
counsel, if necessary,
b.
to supervise personnel assigned to the Office of Consumer Advocacy,
c.
to monitor and review grievance procedures in facilities operated by,
subject to certification by or under contract with the Department,
d.
to investigate unresolved grievances and allegation of abuse, neglect
and improper treatment of individuals receiving services from facilities
operated by, subject to certification by or under contract with the Department,
e. to access facilities operated by, subject to
certification by or under contract with the Department and the records of such
facilities. Reasonable access shall be granted for the
purposes of conducting investigations of abuse, neglect and improper treatment,
and performing other activities as necessary to monitor care and treatment
provided by such facilities,
f. to access the records of individuals receiving
services from facilities operated by, subject to certification by or under
contract with the Department. Records that are
confidential under state and federal law shall be maintained as confidential
and not be redisclosed by the Advocate General,
g.
to submit a report of the results of investigations of abuse to the
appropriate district attorney and, if the individual is a juvenile in the
custody of a state agency, submit a report to that state agency,
h.
to make recommendations to the Commissioner and provide regular or
special reports regarding investigations and unresolved grievances to the
Commissioner and the Board, and
i. to perform such other duties as assigned by
the Board.
B. The Advocate
General and the staff of the Office of Consumer Advocacy shall not act as an
attorney on behalf of individuals receiving services from facilities operated
by, subject to certification by or under contract with the Department, except
that they shall have the authority to file habeas corpus actions on behalf of
such individuals and appear on their behalf in commitment proceedings.
C. Except as
otherwise specifically provided in this section and as otherwise provided by
state or federal laws, the information, records, materials and reports related
to investigations by the Office of Consumer Advocacy are confidential and
contain privileged information.
Accordingly, such records, materials and reports shall not be open to
public inspection nor their contents disclosed, nor shall a subpoena or
subpoena duces tecum
purporting to compel disclosure of such information be valid.
1.
An order of the court authorizing the inspection, release or disclosure
of information, records, materials and reports related to investigations by the
Office of Consumer Advocacy shall be entered by a court only after a review of
the records and a determination, with due regard for the confidentiality of the
information and records and the privilege of the persons identified in the
records, that a compelling reason exists, any applicable privilege has been
waived and such inspection, release or disclosure is necessary for the
protection of a legitimate public or private interest.
2.
This section shall not be construed as prohibiting the Department or the
Office of Consumer Advocacy from summarizing the outcome of an investigation,
stating the allegation and finding. The
summary may be provided to the person suspected of abuse, neglect or improper
treatment, the person subject to alleged abuse, neglect or improper treatment,
the person who reported an allegation, and the administrator of a facility
certified by or under contract with the Department at which the alleged abuse,
neglect or improper treatment occurred.
§43A-2-110.
Citizen advisory groups.
A. The Commissioner of
Mental Health and Substance Abuse Services may appoint such citizen advisory
groups as are deemed necessary for effective planning and delivery of
services. Membership, terms and other
details related to the functioning of such groups shall be established by the
Commissioner and may be revised or rescinded at any time.
B. Members shall be
eligible for reimbursement for their travel expenses in accordance with the
provisions of the State Travel Reimbursement Act.
§43A-2-202.
Commissioner - Powers and duties.
Except as herein provided, the Commissioner of Mental Health
and Substance Abuse Services shall have charge of the administration of the
Department of Mental Health and Substance Abuse Services as directed by the
Board of Mental Health and Substance Abuse Services and shall be charged with
the duty of carrying out the provisions of the Mental Health Law. The Commissioner may appoint necessary
personnel to carry on the work of the Department, prescribe their titles and
duties, and fix their compensation. The
Commissioner may prescribe policies for the operation of the Department. In addition, the Commissioner shall have the
following powers and duties:
1. To appoint, with
the consent of the Board, an executive director of each facility within the
Department, and fix the qualifications, duties and compensation of the
executive directors; to counsel with the various executive directors about
facility needs and budget requests; and to prepare and submit for appropriate
legislative action budget requests sufficient to carry on the functions of the
Department. These budget requests shall
be submitted to the Board for its recommendations before being submitted for
legislative action;
2. To develop, institute
and administer such administrative and professional policies as may be
necessary to guarantee effective, efficient and uniform operation of the
Department and its facilities;
3. To prescribe
uniform reports to be made by the executive directors of the facilities and
designate forms to be used;
4. After conference
with the executive director of each facility, determine the number of employees
to be appointed and fix their respective titles, salaries, and wages which
shall be as uniform as possible for comparable service;
5. To aid, assist and
cooperate with the State Department of Health, institutions of higher learning,
public schools, and others interested in public education regarding the issue
of mental hygiene in the establishment of a sound mental health program in the
State of Oklahoma;
6. To visit each
facility in the Department at least once each calendar year. During such visits, the Commissioner shall
have access to any or all facilities and records and shall have the privilege
of interviewing all personnel and patients within the facility. The purpose of such visits shall be:
a. to review and evaluate the
professional and administrative activity of such facilities,
b. to ensure compliance with medical
and administrative policies and procedures established by the Department,
c. to modify and revise existing
operating procedure to improve operational effectiveness,
d. to institute new policies and
procedures to effect improvement and economy of overall operation, and
e. to coordinate the activities of
each facility with the overall operation of the Department;
7. To authorize other
members of the Department to visit the facilities in the Department. Such persons shall have the same power to
inspect the facility and its records and to interview personnel and patients as
the Commissioner;
8. To designate the
type of patient that will be cared for at each facility and designate hospital
or community mental health center districts for the purpose of determining to
which of the facilities within the Department or community mental health
centers persons committed from each county shall initially be sent. These designations may be changed from time
to time. The Commissioner or a designee
of the Commissioner may establish specific hours for nonemergency
patient admissions at each facility. The
Commissioner or a designee of the Commissioner may delay nonemergency
inpatient admissions when such admissions would cause facilities to exceed
their authorized capacity. Patients may
be transferred from one facility to another within the Department on the
authority of the Commissioner as provided for in the Mental Health Law. Permanent transfer of a patient may be made
when it is apparent that the patient's general welfare, care, and treatment can
be more effectively provided at another facility, provided the parents or
guardian are notified as soon as possible of the transfer. Temporary transfer of a patient may be made
in order that a patient may have the advantage of special services not
available at the facility of such patient’s present residence. Requests for transfer shall be initiated by
the executive director of the facility in which the patient resides. Sufficient supporting information from the
patient's records shall be submitted by the executive director to the
Commissioner to warrant a decision as to the advisability of the transfer;
9. To call meetings
of the executive directors of the facilities in the Department, and act as
chair of such meetings, to discuss common problems in order to obtain
uniformity and bring about coordination of the facilities for the maximum
service to the state. Such called
meetings may or may not be held jointly with the Board;
10. To be the chair
of a Board of Psychiatric Examiners to review the case of any patient, and to
examine any patient when the executive director of any facility concludes that
a patient within such facility is subject to discharge but such executive
director is unwilling to discharge the patient as provided in the Mental Health
Law. The Board of Psychiatric Examiners
shall be composed of the Commissioner and two members selected by the
Board. Such members shall be selected
from persons who are qualified examiners according to the Mental Health
Law. The Commissioner may designate a
third qualified examiner to act as chair when circumstances warrant and when
the Commissioner deems it necessary;
11. To keep a list of
all nonresidents admitted to a facility within the Department and to make every
effort possible to make arrangements with other states so that mentally ill
persons who are being cared for at public expense in any facility in this state
and who are citizens or residents of such other states may be transferred at
the expense of this state to similar facilities in such other states. The Commissioner shall not prevail upon
relatives or friends of such mentally ill person or any other person to defray
such expenses. Mentally ill persons who
are being cared for at public expense in hospitals for mentally ill or
facilities of other states, other than persons who have been transferred from
penal institutions and the terms of whose sentences to such penal institutions
shall not have expired, and who are citizens or residents of this state, may be
transferred at the expense of such other states to similar facilities in this
state. Removal of a nonresident to the
nonresident’s state may be authorized by the Commissioner and all
expenses of such transfer shall be taken from the Travel Fund of the facility
if the transfer is to be at public expense.
Patients returned to this state pursuant to these provisions shall be
delivered directly to the hospital designated by the Commissioner and shall be
admitted in accordance with these provisions;
12. To prescribe the
official forms of any and all papers not specifically described in the Mental
Health Law including those to be used in ordering a person to a facility within
the Department, except that when a person is ordered to a facility by a court,
the order to hospitalize or admit such person may be on such form as the court
deems proper;
13. To utilize the
services of employees of the Department of Central Services, the State
Department of Health, and the Department of Human Services when authorized by
the director or commissioner thereof.
When employees of those agencies are used, the Commissioner of Mental
Health and Substance Abuse Services may authorize payment of their traveling
expenses as provided by law;
14. To make contracts
and agreements with other departments of this state to carry out these
provisions;
15. To make a written
report annually to the Governor concerning the administration of the Department
and submit copies thereof to members of the Legislature. Such report shall be presented one (1) month
prior to the convening of any regular session of the Legislature and shall
include:
a. specific information regarding
the number of patients admitted, treated, and discharged,
b. the methods of treatment used and
an appraisal of the success thereof,
c. the financial condition and needs
of each facility in the Department,
d. any long‑range plans or
recommendations for the utilization and improvement of facilities, equipment,
and personnel and for the care and treatment of patients,
e. any recommendations requiring
legislation, and
f. major findings, in summarized
form, obtained by visits made pursuant to the provisions of paragraph 6 of this
section;
16. To designate as
peace officers qualified personnel in the fire and safety officer, security officer
and correctional officer job classifications.
The authority of employees so designated shall be limited to maintaining
custody of patients in facilities, maintaining security or performing functions
similar to those performed by correctional officers or other security personnel
for Department of Corrections inmates housed in mental health facilities,
preventing attempted escapes, and pursuing and returning court committed
patients and Department of Corrections inmates who have escaped from Department
facilities. The powers and duties of
such peace officers may be exercised for the purpose of maintaining custody of
any patient being transported within the state and outside the State of
17. Any other power
necessary to implement the provisions of the Mental Health Law.
§43A-2-219.
Mistreatment of patient.
Any officer or employee of a facility who maliciously
assaults, beats, batters, abuses, or uses mechanical restraints, or willfully
aids, abets, advises or permits any patient confined therein to be maliciously
assaulted, beaten, battered, abused, or mechanically restrained shall be guilty
of a felony, and on conviction thereof shall be punished by imprisonment in the
State Penitentiary for not more than five (5) years, or a fine not exceeding
Five Hundred Dollars ($500.00), or both such fine and imprisonment.
§43A-2-220.
Failure of executive director to report mistreatment.
An executive director of a facility who fails to report to
the district attorney of the county in which the facility is located any
officer or employee who shall willfully or maliciously assault, beat, batter,
abuse or use mechanical restraints without authority or who aids, abets,
advises or permits any patient confined in the facility to be subjected to such
conduct shall be guilty of a misdemeanor.
§43A‑2‑224. Collection of information
for administrative purposes - Confidentiality.
A. The Department of
Mental Health and Substance Abuse Services shall have the authority to collect
information sufficient to meet the administration’s needs related to
oversight, management, evaluation, performance improvement and auditing of
mental health, substance abuse, domestic violence and sexual assault services
and combating and preventing mental illness, substance abuse, domestic violence
and sexual assault.
B. The individual
forms, computer tapes and other forms of data collected by and furnished to the
Department shall be confidential and shall not be public records as defined in
the Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes.
C. Except as
otherwise provided by state and federal confidentiality laws, identifying
information shall not be disclosed and shall not be used for any public purpose
other than the creation and maintenance of anonymous datasets for statistical
reporting and data analysis.
§43A‑2‑307. Property to state in trust
for mentally incompetent or poor person ‑Validity ‑ Minimum amount.
Any will or conveyance by which any real or personal estate
may be directed to be sold or converted into money, and the proceeds paid over
to the state, or the Treasurer thereof, in trust for any insane person, and any
will bequeathing or deed conveying any money to this state or the people
thereof, in trust for any insane person or poor person, is hereby declared to
be legal and valid, as to such trust, and the trust so reposed and declared
shall be accepted subject to the conditions, restrictions and limitations
contained in this act. No trust shall be
accepted under this act unless the monies so bequeathed, or the proceeds of
sale of real or personal estate so devised, bequeathed or conveyed shall amount
to at least One Hundred Dollars ($100.00).
§43A-3-101.
Institutions maintained for residents - Names - Location.
The facilities within the Department of Mental Health and
Substance Abuse Services, which shall be maintained for residents of the state,
are:
1.
2.
3.
4.
5.
Carl Albert Community Mental
6.
Jim Taliaferro Community Mental
7.
Central
8.
Bill Willis Community Mental Health and
9.
10.
§43A-3-101.1.
Repealed by Laws 2003, c. 46, § 41, emerg. eff.
§43A-3-101.2.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-101.3.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-101.4.
Repealed by Laws 2002, c. 112, § 7, eff.
§43A-3-101.5.
Repealed by Laws 2002, c. 112, § 6, eff.
§43A-3-101.6.
Repealed by Laws 2003, c. 46, § 41, emerg. eff.
§43A-3-113.1.
Task Force on Behavioral Health.
A. There is hereby
re-created until
B. The Task Force
shall be composed of twenty-four (24) members as follows:
1. The Director of
the Department of Human Services, or a designee;
2. The Director of
the Department of Corrections, or a designee;
3. The Commissioner
of the Department of Mental Health and Substance Abuse Services, or a designee;
4. The State
Commissioner of Health, or a designee;
5. The Executive
Director of the Office of Juvenile Affairs, or a designee;
6. The Administrator
of the Oklahoma Health Care Authority, or a designee;
7. The State
Superintendent of Public Instruction, or a designee;
8. A medical doctor
certified as an addiction specialist, appointed by the Speaker of the House of
Representatives;
9. A licensed
behavioral health provider, appointed by the President Pro Tempore of the
Senate;
10. Three persons
appointed by the Governor, representing the following groups:
a. a family
member of a child consumer of behavioral health services,
b. a
not-for-profit youth and family services provider, and
c. a consumer
of domestic violence services;
11. Three persons appointed
by the President Pro Tempore of the Senate, representing the following groups:
a. a for-profit
behavioral health provider,
b. a
not-for-profit substance abuse treatment provider, and
c. a consumer
of mental health services;
12. Three persons appointed
by the Speaker of the House of Representatives, representing the following
groups:
a. a
not-for-profit community mental health provider,
b. a
not-for-profit domestic violence services provider, and
c. a consumer
of substance abuse services;
13. Three members of
the Oklahoma House of Representatives appointed by the Speaker of the House of
Representatives; and
14. Three members of
the Oklahoma State Senate appointed by the President Pro Tempore of the Senate.
C. The President Pro
Tempore of the Senate and the Speaker of the House of Representatives shall
each name a cochair of the Task Force from among the
legislative members appointed to the Task Force. The members of the Task Force shall elect any
other officers during the first meeting and upon a vacancy in any office. The Task Force shall meet as often as
necessary. Task Force members employed
by the state shall be reimbursed travel expenses related to their service on
the Task Force by their respective agencies pursuant to the provisions of the
State Travel Reimbursement Act.
Legislative members of the Task Force shall be reimbursed for their
necessary travel expenses incurred in the performance of their duties in
accordance with Section 456 of Title 74 of the Oklahoma Statutes. Remaining Task Force members shall be
reimbursed travel expenses related to their service on the Task Force by their
appointing authorities pursuant to the provisions of the State Travel
Reimbursement Act.