reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-107. Escape or leave without permission - Notice - Discharge or convalescent leave - Apprehension.

A. When a facility within the Department of Mental Health and Substance Abuse Services has a consumer leave without permission, or escape, the executive director of the facility shall notify a relative of the consumer, or, in the event the consumer has been admitted in accordance with a court order, the judge of the court ordering the consumer to the hospital.
B. Should a consumer, other than one admitted in accordance with a court order, absent from the hospital without permission, not cause trouble in the community to which he goes, the consumer may be discharged or given convalescent leave at the discretion of the executive director of the hospital.
C. Any other consumer, escaped or absent without permission, who has to be returned to the hospital shall be returned by the relatives or friends or, in the event of their failure to return the escaped individual, it shall be the responsibility and duty of officers of the county wherein the individual is present to apprehend the individual and return the consumer to the appropriate facility. It shall be the duty of any municipal law enforcement officer to directly return such consumer if the facility is located within the boundaries of the governmental entity employing the officer.
D. The governmental entity employing the law enforcement officers shall reimburse the officers for necessary travel expense as provided by law.
Added by Laws 1953, p. 170, § 78, emerg. eff. June 3, 1953. Amended by Laws 1976, c. 72, § 1, emerg. eff. April 27, 1976; Laws 1986, c. 103, § 85, eff. Nov. 1, 1986. Renumbered from § 78 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 61, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-108. Removal or enticement, assistance or encouragement to escape.

Any person who takes a consumer who has been lawfully admitted from any facility within the Department of Mental Health and Substance Abuse Services without the consent of the executive director, or who entices, assists or encourages any such consumer to escape therefrom shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in jail not to exceed one (1) year, or both.
Added by Laws 1953, p. 174, § 133, emerg. eff. June 3, 1953. Renumbered from § 133 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 62, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-7-113. Guardianship of person and estate without hospitalization - Ajudication - Bond of guardian.

If after full examination and hearing the court shall determine that a person is mentally incompetent, but that it is not necessary to hospitalize him for treatment or for his own welfare, the welfare of others or of the community, the judge of the district court must issue an order adjudging the person to be mentally incompetent and must appoint a guardian of his person and estate with the powers and duties that are prescribed for the guardian of a minor. Every such guardian has the care and custody of his ward, and the management of all his estate, until such guardian is legally discharged. The guardian shall give bond to the State of Oklahoma, in like manner and with like conditions, as before prescribed with respect to the guardian of a minor, provided that upon a finding by the district court that:
1. The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward is less than Forty Thousand Dollars ($40,000.00); and
2. The guardian of the ward is either a parent or a child of the ward,
the court may order that a bond is not necessary.
In all other cases, except as provided in subsection A of Section 776 of this title, a bond shall be required.
Added by Laws 1953, p. 167, § 65, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 89, eff. Nov. 1, 1986. Renumbered from § 65 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 164, § 1, operative July 1, 1987.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-9-101. Voluntary treatment - Application - Admission - Discharge.

A. 1. An alcohol- or drug-dependent person or his or her court appointed guardian may apply for voluntary treatment directly to an approved treatment facility.
2. A minor may apply for voluntary treatment pursuant to the provisions of Section 2602 of Title 63 of the Oklahoma Statutes.
3. A parent of a minor may consent to the voluntary admission and treatment of the minor directly to an approved treatment facility for substance abuse treatment.
B. 1. Subject to rules adopted by the Board of Mental Health and Substance Abuse Services, the administrator in charge of an approved treatment facility may determine who shall be admitted for treatment.
2. When a person is refused admission to an approved treatment facility, the administrator, subject to rules adopted by the Board, shall refer the person to another approved treatment facility for treatment if possible and appropriate.
C. 1. When a consumer receiving inpatient care leaves an approved treatment facility, the consumer shall be encouraged to consent to appropriate outpatient or intermediate treatment.
2. If it appears to the administrator in charge of the approved treatment facility that the consumer is an alcohol- or drug-dependent person who requires help, the facility shall arrange for assistance in obtaining supportive services and residential facilities if possible and appropriate.
D. If the consumer is a minor or an incompetent person, the request for discharge from an inpatient or residential facility shall be made by a parent, spouse, or legal guardian, or by the minor if the minor was voluntarily admitted.
Added by Laws 1978, c. 64, § 9. Amended by Laws 1983, c. 134, § 19, eff. July 1, 1983; Laws 1986, c. 103, § 93, eff. Nov. 1, 1986. Renumbered from § 2126 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 47, eff. Nov. 1, 2002; Laws 2005, c. 150, § 69, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 28, eff. Nov. 1, 2005; Laws 2007, c. 130, § 16, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-101. Short title.

Sections 10-101 through 10-110 of this title may be cited as the "Protective Services for Vulnerable Adults Act".
Added by Laws 1977, c. 264, § 1, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 1, eff. Nov. 1, 1984; Laws 1986, c. 103, § 97, eff. Nov. 1, 1986. Renumbered from § 801 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 4, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-102. Purpose.

A. The Legislature recognizes that many citizens of this state, because of the infirmities of aging, incapacity, or other disability are unable to manage their own affairs or to protect themselves from exploitation, abuse, or neglect and are in need of protective services.
B. Services provided pursuant to the provisions of the Protective Services for Vulnerable Adults Act shall guarantee, to the maximum degree of feasibility, the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse, or neglect.
C. The Protective Services for Vulnerable Adults Act is designed to establish a program of protective services for vulnerable adults in need of those services.
Added by Laws 1977, c. 264, § 2, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 2, eff. Nov. 1, 1984. Renumbered from § 802 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 5, eff. Nov. 1, 1997; Laws 2003, c. 332, § 1, emerg. eff. May 29, 2003.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-106. Voluntary protective services.

A. If the Department of Human Services determines, as a result of its investigation, that a vulnerable adult needs protective services, the Department shall immediately provide or arrange for the provision of available protective services in the least restrictive manner, provided the person affirmatively consents to receive these services.
B. 1. When a caretaker of a vulnerable adult who consents to the receipt of protective services refuses to allow the provision of such services to the person, the Department may petition to the court for a decree enjoining the caretaker from interfering with the provision of protective services to the person.
2. The complaint must allege specific facts sufficient to show that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services.
3. If the court finds that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services, the court may enter a decree:
a.
enjoining the caretaker from interfering with the provision of protective services to the vulnerable adult, and
b.
freezing the assets of the vulnerable adult if it has been determined by preponderance of the evidence that the vulnerable adult is being exploited and it is necessary to protect such assets.
C. If a vulnerable adult does not consent to the receipt of protective services or withdraws consent to the receipt of such services, the services shall be terminated, unless the Department determines that the person lacks capacity to consent, in which case the Department may seek court authorization to provide services pursuant to Section 10-108 of this title.
D. 1. Payment for the costs of providing protective services shall be made from either:
a.
the assets of the vulnerable adult consenting to the receipt of voluntary protective services, or
b.
any available private or public assistance programs for which the vulnerable adult is eligible.
2. If no assets or other private or public funds are available to the person, payment shall be made from a fund established by the Department for the purpose of providing emergency adult protective services, subject to availability of funds.
Added by Laws 1977, c. 264, § 6, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 6, eff. Nov. 1, 1984; Laws 1986, c. 103, § 99, eff. Nov. 1, 1986. Renumbered from § 806 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 3, eff. July 1, 1993; Laws 1997, c. 195, § 9, eff. Nov. 1, 1997; Laws 2003, c. 332, § 6, emerg. eff. May 29, 2003.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-109. Utilization of available services.

A. In providing any of the duties set forth in this act, the Department of Human Services may provide direct protective services.
B. The Department may contract with any public or private agency for the provision of protective services.
C. The Department shall utilize to the extent appropriate and available existing resources and services of public and nonprofit private agencies in providing protective services. The Department shall make maximum use of volunteers and church groups whenever feasible.
Added by Laws 1977, c. 264, § 9, emerg. eff. June 17, 1977. Renumbered from § 809 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 12, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults.

A. The Commission for Human Services shall establish uniform policies detailing the responsibilities and duties of employees of the Department of Human Services when providing or arranging services for vulnerable adults whether the services are to be paid for by the vulnerable adult or from other private or public funds.
B. The policies shall include, but not be limited to:
1. The handling of the personal resources, such as bank accounts, cash, checks, notes, mortgages, trust deeds, sales contracts, stocks, bonds, certificates or other liquid assets of a vulnerable adult without prior approval of the supervisor;
2. Specific procedures for obtaining and handling repairs, personal services and other necessary actions to provide health care, food, shelter to or on behalf of a vulnerable adult;
3. Prohibiting an employee from any type of solicitation or charging, requesting or accepting any fee, gift, reward, or payment of any kind from individuals or staff for any services rendered as a volunteer, intern, or employee relating to vulnerable adults;
4. Prohibiting an employee from using contact with clients or any member or the client's support system for personal gain or personal relationships;
5. Prohibiting an employee, upon termination of any assignment, from making personal contact with former clients or any member of the client's support system and from using former contact with clients for personal gain;
6. Prohibiting an employee from buying items from clients;
7. Ensuring that no employee whose responsibilities relate in any manner to services provided to or on behalf of a vulnerable adult is subject to a conflict of interest which would impair the ability of the employee to carry out his or her employment duties in an impartial manner;
8. Sufficient oversight by administrative heads of local offices of the Department as to the provision for and arrangement of services to vulnerable adults; and
9. Such other requirements as deemed necessary by the Commission.
Added by Laws 2001, c. 310, § 2, emerg. eff. June 1, 2001.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-110.1. Public disclosure.

A. For purposes of this section:
1. “Near death” means the vulnerable adult is in serious or critical condition, as certified by a physician, as a result of abuse or neglect; and
2. "Vulnerable adult" shall be defined as provided in Section 10-103 of Title 43A of the Oklahoma Statutes.
B. When a person responsible for the care of a vulnerable adult has been charged by information or indictment with committing a crime resulting in the death or near death of the vulnerable adult, there shall be a presumption that the best interest of the public is served by public disclosure of certain information concerning:
1. The circumstances of the investigation of the death or near death of the vulnerable adult; and
2. Any other investigations concerning that vulnerable adult, or other vulnerable adults living in the same facility, or involving an individual provider of services to vulnerable adults, within:
a.
three (3) years of the death or near death, and
b.
one (1) year after the death or near death.
C. 1. At any time subsequent to seven (7) days of the date the person providing care to the vulnerable adult has been criminally charged, the Department of Human Services Adult Protective Services Division, the district attorney, the district court clerk, and the judge having jurisdiction over the case, upon request, shall release certain information to the public as follows:
a.
a confirmation shall be provided by the Department as to whether a report has been made concerning the alleged victim or other vulnerable adults while living in the same household or facility and whether an investigation has begun,
b.
confirmation shall be provided by the Department as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department in response to a previous report of abuse or neglect of vulnerable adults, and the specific recommendation made to the district attorney and any subsequent action taken by the district attorney,
c.
the dates of any judicial proceedings prior to the death or near death of the vulnerable adult,
d.
recommendations submitted by each participant in writing at the judicial proceedings including recommendation made at the hearing as they relate to appropriate placement of a vulnerable adult, and
e.
the rulings of the court.
2. Specific recommendations made and services rendered by the Department of Human Services Adult Protective Services Division described in any progress reports of a pending case submitted to the court may be disclosed by the Department.
D. Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of vulnerable adult abuse or neglect, and shall not identify the name of other vulnerable adults in the household or facility, the person responsible for the care of the vulnerable adult, or any other member of the facility or household, other than the person criminally charged.
Added by Laws 2010, c. 110, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-111. District court orders - Visitation.

A. 1. The district courts are vested with jurisdiction to issue orders and enforce orders restricting visitation, by the custodian or by any other person specified by the court, of a vulnerable adult who is receiving or has been determined to need protective services pursuant to the Protective Services for Vulnerable Adults Act.
2. Whenever it is consistent with the welfare and safety of a vulnerable adult, the court shall restrict the visitation of a custodian or other person specified by the court who is alleged or has been determined to have abused, neglected or exploited the vulnerable adult.
3. Notice as ordered by the court shall be given to the custodian or other person alleged or determined to have abused, neglected or exploited a vulnerable adult.
B. If the Department of Human Services determines, as a result of its investigation, that a vulnerable adult needs voluntary or involuntary protective services as a result of abuse, neglect or exploitation by the caretaker or by any other person, the Department may petition the district court to restrict the visitation of such custodian or other person with the vulnerable adult.
C. 1. Consistent with the welfare and safety of the vulnerable adult, the court may require supervised visitation, prohibit visitation or otherwise limit the visitation by the custodian or such other person with the vulnerable adult.
2. The basis for restricting visitation shall be stated in the record by the court.
D. The owner, operator or any facility personnel of a nursing home, residential home, assisted living facility or other long-term care facility having reason to believe that visitation of a vulnerable adult should be restricted may notify the long-term care ombudsman program or adult protective services. Any other person having reason to believe that visitation of a vulnerable adult should be restricted may notify the Department of Human Services pursuant to the Protective Services for Vulnerable Adults Act.
Added by Laws 1998, c. 328, § 1, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-111.1. Vulnerable Adult Abuse, Neglect, and Exploitation Registry.

A. On or before January 1, 2024, the Office of the Attorney General shall establish and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Registry, accessible to the public in an electronic format and updated quarterly, to address:
1. A procedure for recording individuals on the registry who have been found guilty by a court of law or entered a plea of guilty or nolo contendere to a charge of abuse, neglect, or exploitation of a vulnerable adult; and
2. Disclosure requirements for information that is accessible on the registry.
B. The Vulnerable Adult Abuse, Neglect and Exploitation Registry shall include, but not be limited to:
1. The full name of the individual;
2. Information necessary to identify the individual;
3. The disposition and other identifying case information regarding convictions or confessions of abuse, neglect, or exploitation in a court of law; and
4. The date the individual was convicted or pled guilty or nolo contendere.
Added by Laws 2018, c. 221, § 1, eff. Nov. 1, 2018. Amended by Laws 2023, c. 239, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-113. Sexual contact form for caretakers.

The Department of Human Services shall develop and disseminate a form to all providers of residential or vocational and employment services for incapacitated persons or vulnerable adults which shall be signed and witnessed by each caretaker working with incapacitated persons or vulnerable adults notifying the caretaker that the caretaker may be prosecuted criminally for having sexual contact with a person in their care.
Added by Laws 2018, c. 10, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-10-114. Training for Adult Protective Services specialists – Individuals with cognitive impairment.

The Department of Human Services shall require all Adult Protective Services (APS) specialists to receive training regarding the recognition of individuals with cognitive impairment, effective intervention in cases involving the abuse and exploitation of individuals who are cognitively impaired and securing the safety of abused and exploited individuals with dementia.
Added by Laws 2019, c. 183, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-102. Legislative findings.

A. The Legislature finds that all competent persons have the fundamental right to control decisions relating to their own mental health treatment, including the decision to accept mental health treatment.
B. A capable adult may make an advance directive of mental health treatment preferences or instruction which may include, but is not limited to, consent to mental health treatment.
Added by Laws 1995, c. 251, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-103. Definitions.

Whenever used in the Advance Directives for Mental Health Treatment Act:
1. "Advance directive for mental health treatment" means a written document voluntarily executed by a declarant in accordance with the requirements of this act and includes:
a.
a declaration, or
b.
the appointment of an attorney-in-fact;
2. "Attending physician or psychologist" means the physician or psychologist who has primary responsibility for the mental health treatment of the declarant;
3. "Attorney-in-fact" means an individual eighteen (18) years old or older appointed by a declarant to make mental health treatment decisions on behalf of the declarant as provided by this act;
4. "Capable" means the person is able to receive and evaluate information effectively and communicate decisions regarding his or her mental health treatment;
5. "Declaration" means a written document voluntarily executed by a declarant stating the mental health treatment wishes of a declarant in the event the declarant is determined to be incapable and mental health treatment is necessary;
6. "Declarant" means a capable person eighteen (18) years of age or older who has executed an advance directive for mental health treatment in accordance with the provisions of this act;
7. "Health care facility" includes any program, institution, place, building or agency, or portion thereof, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, rehabilitative or preventive care to any person. The term "health care facility" includes, but is not limited to, health care facilities that are commonly referred to as hospitals, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, health maintenance organizations, and others providing similarly organized services regardless of nomenclature;
8. "Mental health treatment" means convulsive treatment, treatment with psychoactive medication, and admission to and retention in a facility for a period up to twenty-eight (28) days;
9. "Physician" means an individual currently licensed to practice medicine in this state;
10. "Psychologist" means an individual currently licensed to practice in this state as a clinical psychologist; and
11. "Incapable" means that, in the opinion of two persons, who shall be physicians or psychologists, a person's ability to receive and evaluate information effectively or communicate decisions is impaired as the result of a mental illness to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
Added by Laws 1995, c. 251, § 3, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-104. Execution - Rights not affected - Presumptions.

A. Any capable person eighteen (18) years of age or older may execute an advance directive for mental health treatment stating the mental health treatment wishes of the person in the event the person is determined to be incapable and mental health treatment is determined to be necessary as provided by Section 10 of this act. An advance directive for mental health treatment may include but is not limited to consent to inpatient mental health treatment.
B. An advance directive for mental health treatment may be executed by:
1. Executing a declaration; or
2. Appointing an attorney-in-fact; or
3. Both executing a declaration and appointing an attorney-in-fact. If executed, the appointment of an attorney-in-fact shall be attached to the declaration.
C. The Advance Directives for Mental Health Treatment Act:
1. Shall not affect the right of an individual to make decisions about mental health treatment, so long as the individual is capable; and
2. Creates no presumption concerning the intention of an individual who has revoked or has not executed an advance directive for mental health treatment.
D. For the purpose of the Advance Directives for Mental Health Treatment Act:
1. If a person is incapable at the time of a determination that mental health treatment is necessary, an advance directive for mental health treatment executed in accordance with the Advance Directives for Mental Health Treatment Act is presumed to be valid; and
2. A physician, psychologist or health care facility may presume, in the absence of actual notice to the contrary, that a person who executed an advance directive for mental health treatment was of sound mind when the advance directive for mental health treatment was executed.
E. A person shall not be required to execute or to refrain from executing an advance directive for mental health treatment as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.
F. The fact that a person has executed an advance directive for mental health treatment shall not constitute an indication of mental incompetence.
Added by Laws 1995, c. 251, § 4, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-105. Validity - Witnesses - Eligibility as attorney-in-fact.

A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant:
1. Is known to them;
2. Signed the advance directive for mental health treatment in their presence;
3. Appears to be capable; and
4. Is not acting under duress, fraud or undue influence.
B. None of the following persons shall be eligible to serve as attorney-in-fact to the signing of an advance directive for mental health treatment:
1. The attending physician or psychologist or an employee of the physician or psychologist; or
2. An owner, operator or employee of a health care facility in which the declarant is a consumer or resident.
Added by Laws 1995, c. 251, § 5, eff. Nov. 1, 1995. Amended by Laws 2005, c. 150, § 72, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-107. When advance directive becomes operative - Contrary or conflicting instructions given by attorney-in-fact.

A. The wishes of a declarant, at all times while the declarant is capable, shall supersede the effect of an advance directive for mental health treatment.
B. An advance directive for mental health treatment shall become operative when:
1. It is delivered to the declarant's physician or psychologist; and
2. The declarant is certified to be incapable and to require mental health treatment as provided by Section 11-110 of this title.
C. An advance directive for mental health treatment remains valid until:
1. Revoked, expired or superseded by a subsequent advance directive for mental health treatment; or
2. Superseded by a court order.
D. A court order shall supersede an advance directive for mental health treatment in all circumstances.
E. Mental health treatment instructions contained in a declaration executed in accordance with this act shall supersede any contrary or conflicting instructions given by an attorney-in-fact specifically for mental health treatment decisions unless the authority given to the attorney-in-fact in the advance directive for mental health treatment expressly provides otherwise.
F. Except as provided by subsection E of this section, in the event that more than one valid advance directive for mental health treatment has been executed and not revoked, the last advance directive for mental health treatment executed shall be construed to be the mental health treatment wishes of the declarant and shall become operative as provided by subsection B of this section.
G. In the absence of an advance directive for mental health treatment, the powers vested in a guardianship of the person, or grant of general health care decision-making authority or designation of health care proxy contained in an advance directive for health care or durable power of attorney with health care decision-making authority shall be deemed to include mental health treatment.
Added by Laws 1995, c. 251, § 7, eff. Nov. 1, 1995. Amended by Laws 2012, c. 215, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-108. Delivery of advance directive to attending physician or psychologist - Duty of attending physician or other mental health treatment provider.

A. It shall be the responsibility of the declarant to provide for delivery of the advance directive for mental health treatment to the attending physician or psychologist.
1. In the event the declarant is comatose, incompetent, or otherwise mentally or physically incapable after executing the advance directive for mental health treatment, any other person may deliver the advance directive for mental health treatment to the attending physician or psychologist.
2. Any person having possession of another person’s advance directive for mental health treatment and who becomes aware that the declarant is in circumstances under which the terms of the advance directive for mental health treatment may become operative shall deliver the advance directive for mental health treatment to the declarant’s attending physician, psychologist or to any health care facility in which the declarant is a consumer.
B. An attending physician, psychologist or health care facility notified of the advance directive for mental health treatment of a declarant shall promptly make the declaration a part of the medical records of the declarant.
C. An attending physician or other mental health treatment provider who has been notified of the existence of an advance directive for mental health treatment executed pursuant to this act shall make all reasonable efforts to obtain the advance directive for mental health treatment.
Added by Laws 1995, c. 251, § 8, eff. Nov. 1, 1995. Amended by Laws 2005, c. 150, § 73, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-109. Revocation - Actual notice.

A. An advance directive for mental health treatment may be revoked in whole or in part by the declarant at any time while the declarant is capable by any of the following methods:
1. By being destroyed by the declarant or by some person in the declarant's presence and at the declarant's direction;
2. By a written revocation signed and dated by the declarant expressing the declarant's intent to revoke;
3. By a declarant's unambiguous verbal expression, in the presence of two witnesses eighteen (18) years of age or older, of an intent to revoke the declaration; or
4. By a declarant's unambiguous verbal expression to an attending physician or psychologist.
B. The revocation shall become effective upon communication to the attending physician or psychologist by the declarant or by both witnesses. The attending physician or psychologist shall record the time, date, and place when the notification of the revocation was received.
C. In the absence of actual notice of the revocation of an advance directive for mental health treatment, no attending physician or psychologist, health care facility or other person acting under the direction of an attending physician or psychologist shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the provision of medical treatment to a declarant in accordance with the Advance Directives for Mental Health Treatment Act unless the absence of actual notice resulted from the negligence of the health care provider, physician, or other person.
Added by Laws 1995, c. 251, § 9, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-111. Petition for appointment of guardian.

Any person may petition the district court for appointment of a guardian for a declarant when the person has good reason to believe that the provision of mental health treatment in a particular case:
1. Is contrary to the most recent expressed wishes of a declarant who was capable at the time of expressing the wishes;
2. Is being proposed pursuant to an advance directive for mental health treatment that has been falsified, forged, or coerced; or
3. Is being considered without the benefit of a revocation which has been unlawfully concealed, destroyed, altered or canceled.
Added by Laws 1995, c. 251, § 11, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-112. Immunity from civil or criminal liability.

A. In the absence of knowledge of the revocation of an advance directive for mental health treatment, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the advance directive for mental health treatment pursuant to the requirements of the Advance Directives for Mental Health Treatment Act.
B. A physician or psychologist whose actions under the Advance Directives for Mental Health Treatment Act are in accord with reasonable medical standards or standards of mental health treatment, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to those actions.
C. An individual designated as an attorney-in-fact pursuant to the provisions of this act, to make mental health treatment decisions for a declarant and whose decisions regarding the declarant are made in good faith pursuant to the Advance Directives for Mental Health Treatment Act, is not subject to criminal or civil liability, or discipline for unprofessional conduct with respect to those decisions.
Added by Laws 1995, c. 251, § 12, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-11-113. Violations - Penalties.

A. Any person who willfully conceals, cancels, defaces, alters, or obliterates the advance directive for mental health treatment of another without the declarant's consent, or who falsifies or forges a revocation of an advance directive of another, shall be, upon conviction, guilty of a misdemeanor.
B. A person who in any way falsifies or forges the advance directive for mental health treatment of another person, or who willfully conceals or withholds personal knowledge of a revocation of an advance directive for mental health treatment, shall be, upon conviction, guilty of a misdemeanor.
C. A person who requires or prohibits the execution of an advance directive for mental health treatment as a condition for being insured for, or receiving, health care services shall be, upon conviction, guilty of a misdemeanor.
D. A person who coerces or fraudulently induces another person to execute a declaration or revocation shall be, upon conviction, guilty of a felony.
E. The sanctions provided in this section do not displace any sanction applicable under any other law.
Added by Laws 1995, c. 251, § 13, eff. Nov. 1, 1995. Amended by Laws 1997, c. 133, § 470, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 470 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-12-101. Short title.

Sections 12-101 through 12-105 of this title shall be known and may be cited as the “Suicide Prevention Act”.
Added by Laws 2001, c. 168, § 1, emerg. eff. May 2, 2001. Amended by Laws 2008, c. 113, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-12-102. Purpose.

The purpose of the Suicide Prevention Act is to facilitate the translation of suicide-related data into comprehensive public policy that is directed toward reducing the number of attempted suicides and suicides in Oklahoma by:
1. Improving methods of identifying minors and adults who are at risk of dying by suicide;
2. Improving awareness of and access to existing mental health services for individuals identified as needing those services; and
3. Coordinating and developing community resources to prevent attempted suicide and suicide among minors and adults.
Added by Laws 2001, c. 168, § 2, emerg. eff. May 2, 2001. Amended by Laws 2008, c. 113, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-12-103. Definitions.

As used in the Suicide Prevention Act:
1. “Attempted suicide” means the voluntary and intentional injury to one’s own body with the goal of ending one’s own life; and
2. “Suicide” means the voluntary and intentional taking of one’s own life.
Added by Laws 2001, c. 168, § 3, emerg. eff. May 2, 2001. Amended by Laws 2008, c. 113, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-12-105. Authority of Department - Evaluation report.

A. The Department of Mental Health and Substance Abuse Services shall act as the lead agency in implementing the provisions of the Suicide Prevention Act in cooperation with the Oklahoma Suicide Prevention Council.
B. The Department shall have primary responsibility for evaluating the effectiveness of efforts designed to reduce the number of attempted suicides and suicides, and shall submit an evaluation report to the Chair of the Oklahoma Suicide Prevention Council, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor no later than July 1 of each year.
Added by Laws 2001, c. 168, § 5, emerg. eff. May 2, 2001. Amended by Laws 2008, c. 113, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-13-101. Mental health first aid pilot program.

A. Contingent upon funding, the Department of Mental Health and Substance Abuse Services shall develop and implement a mental health first aid pilot program. The purpose of the mental health first aid pilot program shall be to train non-mental-health professionals in how to support an individual in a mental health crisis situation until professional help can be obtained.
B. The Department shall adopt a curriculum which, at a minimum, shall include training for individuals on the symptoms, causes and evidence-based treatments for common mental health problems, including, but not limited to, depression, anxiety disorders, psychosis, and substance abuse disorders. The curriculum shall also address possible crisis situations arising from these mental health problems and steps to support an individual in a crisis situation.
C. The Department shall issue a certificate in mental health first aid to individuals who complete the course of training. The Department shall establish criteria for certification.
D. The Department is authorized to enter into a contract to implement the provisions of this section.
E. On or before December 31, 2009, and annually thereafter, the Department shall submit a report to the Legislature stating the number of participants in the program, the number of individuals who received a certificate in the program, and any recommendations for improvement of the program.
F. The Board of Mental Health and Substance Abuse Services shall promulgate rules as necessary to implement the provisions of this section.
Added by Laws 2008, c. 306, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-702. Drop-in centers for Oklahoma veterans.

A. Subject to the availability of funds, the Department of Mental Health and Substance Abuse Services shall facilitate the development of seven peer-supported, drop-in centers for the specific purpose of serving Oklahoma veterans. The Department shall issue a request for proposal for operation of the centers. Nonprofit organizations based in this state may apply for available funding and shall adhere to policies and programs of work developed by the Department.
B. The Board of Mental Health and Substance Abuse Services shall promulgate rules to implement the provisions of this act.
Added by Laws 2015, c. 162, § 1, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 44. Militia › §44-3. Reference to repealed clauses.

When an act or law of the State of Oklahoma, not repealed herein, shall refer to any act or any section of any law which is repealed herein, such reference shall be deemed to refer to the section or sections of this act covering the same subject matter.
Laws 1951, p. 114, art. 1, § 4, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-4. Partial invalidity.

If any clause, sentence, paragraph, provision, or part of this act be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such shall not affect, impair or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, provision, or section thereof directly involved in the controversy in which such judgment is rendered. The Legislature hereby declares that it intended separately to enact every sentence, part, clause, provision, and section of this act.
Laws 1951, p. 114, art. 1, § 5, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-6. Honorary staff of the Governor.

The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire. All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions shall expire with the term of office of the Governor making such appointment. Staff officers shall not be subject to jury duty during the period of their service. The Adjutant General shall be ex officio Chief of Staff.
Laws 1951, p. 114, art. 1, § 7, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-21. Military Department.

The Military Department of the State of Oklahoma is hereby established and shall be under the command and control of the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof. The Military Department shall be constituted of the state military forces, as defined by Section 801 of this title, and is hereby organized into a joint headquarters which shall be identified as the joint forces headquarters. The joint forces headquarters shall be jointly staffed by Army National Guard and Air National Guard personnel who, under the authority and direction of the Adjutant General, shall support and assist the Adjutant General in the exercise of command and control over state military forces when not activated for federal duty under Title 10 of the United States Code. There shall be assigned to the joint force headquarters, officers, enlisted personnel and civilian employees as may be considered necessary by the Governor as Commander in Chief and as may be authorized by law and Army National Guard regulations and Air National Guard regulations.
Added by Laws 1951, p. 114, art. 2, § 1, emerg. eff. May 16, 1951. Amended by Laws 1959, p. 195, § 1, emerg. eff. July 16, 1959; Laws 2010, c. 212, § 2, emerg. eff. May 6, 2010; Laws 2019, c. 408, § 2, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-21.1. Personnel - Unclassified service.

A. Personnel appointed as state employees in the Military Department shall be in the unclassified service of the state. The Adjutant General may grant leave to state civilian employees consistent with the rules governing the federal workforce in support of the National Guard.
B. Any employee of the Military Department of the State of Oklahoma may be granted administrative leave with pay for volunteer service activities, under such terms and limitations as the Adjutant General may establish, in service that meets one or more of the following criteria:
1. The activity is directly related to the Department's mission;
2. The activity is sponsored or sanctioned by or in partnership with the Department; or
3. The activity will enhance the development or skills of the employee in his or her current position.
C. Leave granted pursuant to subsection B of this section shall be as brief as permitted under the circumstances and shall not support an activity otherwise prohibited by law while in a duty status.
D. The Adjutant General shall establish guidelines for approval of administrative leave for volunteer service authorized pursuant to subsection B of this section which balances the Department's goals and operations and ensures that each is conducted efficiently and effectively.
Added by Laws 1990, c. 258, § 32, operative July 1, 1990. Amended by Laws 2011, c. 124, § 1, eff. Nov. 1, 2011; Laws 2018, c. 166, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 44. Militia › §44-23. Governor as Commander in Chief - Powers - Armed military forces from other state or territory - Independent military organizations.

The Governor of the state shall be the Commander in Chief of the Militia, and as such shall have supreme command of the military forces of the state while in the service of the state or until they are ordered and accepted into the service of the United States. While in the service of the state, he shall have power to muster out any organization of the state, discharge enlisted men, as provided herein, and perform such other acts in keeping with the laws of the Commander in Chief, subject to the laws of the United States and regulations prescribed by the President of the United States. No armed military force from another state or territory shall be permitted to enter the state without his permission, unless such military force be a part of the United States, or is acting under the authority of the United States. No independent military organization, except as a corps of cadets at the educational institutions, shall be permitted to bear arms without first securing permission of the Commander in Chief.
Laws 1951, p. 114, art. 2, § 3, eff. May 16, 1951.