reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-315. Certification as community residential mental health programs.

A. The Board of Mental Health and Substance Abuse Services shall adopt minimum standards for program certification for residential care homes operating as community residential mental health programs as provided in this section. The standards shall be adopted as rules and promulgated by the Board of Mental Health and Substance Abuse Services pursuant to the provisions of the Administrative Procedures Act.
B. The program certification standards adopted by the Board shall provide for a system of classification of community residential mental health programs based upon the level of care required by residents of the facility and establish minimum program certification standards for each classification. The program certification standards adopted by the Board for each classification shall be such that residential care facilities having a valid contract with the Department and licensed by the State Department of Health on July 1, 1988, shall be qualified and eligible for program certification within an appropriate classification.
C. The Department shall terminate the contract of any home that fails to meet contract provisions regarding financial statements.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community residential mental health facilities and programs as provided in Section 3-324 of this title.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
Added by Laws 1988, c. 283, § 20, operative Nov. 1, 1988. Amended by Laws 1990, c. 51, § 74, emerg. eff. April 9, 1990; Laws 1991, c. 301, § 8, eff. July 1, 1991; Laws 2003, c. 46, § 16, emerg. eff. April 8, 2003; Laws 2006, c. 97, § 4, eff. Nov. 1, 2006; Laws 2007, c. 130, § 2, eff. Nov. 1, 2007; Laws 2010, c. 287, § 13, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-315.1. Supportive assistance services for residents of facilities.

The Department of Mental Health and Substance Abuse Services shall, with funds appropriated for community residential mental health facilities, develop and implement procedures that offer all residential care facilities that meet licensure requirements the opportunity to become certified and to contract for socialization or other supportive assistance services to residents authorized by the Department of Mental Health and Substance Abuse Services as needing those services. The funds provided for each client for supportive assistance or socialization shall follow the client in any residential setting.
Added by Laws 1993, c. 269, § 23, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-315.2a. Substance abuse facilities - Violations of Alcohol and Drug Act - Injunction - Findings.

A. The Attorney General, the Department of Mental Health and Substance Abuse Services or the district attorney of the appropriate district court may bring an action in a court of competent jurisdiction for an injunction against any substance abuse facility believed to be in violation of the Oklahoma Alcohol and Drug Act or any order or determination of the Department.
B. In any action for an injunction brought pursuant to this section, any findings of the Department, after hearing and due process, shall be prima facie evidence of the facts found therein.
C. The district court for the county where the facility is located has jurisdiction to determine the action, to grant the necessary injunctive relief and to award attorney fees to the prevailing party.
Added by Laws 2004, c. 113, § 9, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-317. Community-based structured crisis centers.

A. The Board of Mental Health and Substance Abuse Services, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, shall certify community-based structured crisis centers for the provision of nonhospital emergency services for mental health and substance abuse crisis intervention. The Board shall promulgate rules for the certification of community-based structured crisis centers.
B. No community-based structured crisis center shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
C. For the purposes of this section, "community-based structured crisis center" means any certified community mental health center, comprehensive community addiction recovery center, or facility operated by the Department which is established and maintained for the purpose of providing community-based mental health and substance abuse crisis stabilization services including, but not limited to, observation, evaluation, emergency treatment and referral, when necessary, for inpatient psychiatric or substance abuse treatment services.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community-based structured crisis centers as provided in Section 3-324 of this title.
E. Certified community-based structured crisis centers shall comply with standards adopted by the Board. Such standards shall be in compliance with:
1. The Joint Commission on Accreditation of Healthcare Organizations;
2. The Commission on Accreditation of Rehabilitation Facilities;
3. The Council on Accreditation (COA); or
4. Approved medical and professional standards as determined by the Board.
Added by Laws 1996, c. 354, § 50, eff. Nov. 1, 1996. Amended by Laws 2001, c. 186, § 9, eff. Nov. 1, 2001; Laws 2002, c. 488, § 17, eff. Nov. 1, 2002; Laws 2006, c. 97, § 5, eff. Nov. 1, 2006; Laws 2010, c. 287, § 14, eff. Nov. 1, 2010; Laws 2013, c. 213, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-318. Certification of behavioral health case managers - Use of title.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of behavioral health case managers who are:
1. Employed by the state;
2. Employed by behavioral services providers contracting with the state to provide behavioral health services;
3. Employed by a tribe or tribal facility that provides behavioral health services; or
4. Employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
B. Such rules and standards shall address criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
C. Application for certification as a behavioral health case manager shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the behavioral health case manager for a period of two (2) years subject to renewal as provided in the rules promulgated by the Board.
D. The Board is authorized to establish an application and renewal fee of no more than One Hundred Dollars ($100.00) to defray the costs incurred in the certification process.
E. Behavioral health case managers certified by the Board or the Commissioner shall only use the title "certified behavioral health case manager" if employed by the state, employed by behavioral services providers contracting with the state to provide behavioral health services, employed by a tribe or tribal facility that provides behavioral health services or employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility. This section shall not be construed to permit the certified behavioral health case manager to practice any of the following professions or use the following titles unless also licensed or accredited by the appropriate authority: physician, psychologist, clinical social worker, professional counselor, marital and family therapist, behavioral practitioner, or alcohol and drug counselor.
F. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
G. No behavioral health case manager shall operate or continue to operate as a behavioral health case manager unless the case manager complies with the rules promulgated by the Board and is certified as required by this section.
Added by Laws 2002, c. 488, § 18, eff. Nov. 1, 2002. Amended by Laws 2003, c. 46, § 17, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 3, emerg. eff May 7, 2003; Laws 2010, c. 287, § 15, eff. Nov. 1, 2010; Laws 2017, c. 111, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-319. Certification as program of assertive community treatment.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of facilities or organizations that desire to be certified as a program of assertive community treatment for the provision of community-based comprehensive treatment for persons with serious mental illness and related disorders.
B. Applications for certification as a program of assertive community treatment shall be made to the Department on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program of assertive community treatment for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of programs for assertive community treatment as provided in Section 3-324 of this title.
C. No program of assertive community treatment shall operate or continue to operate unless the program complies with the rules promulgated by the Board and is certified as required by this section.
D. Failure to comply with regulations and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
Added by Laws 2002, c. 488, § 19, eff. Nov. 1, 2002. Amended by Laws 2006, c. 97, § 6, eff. Nov. 1, 2006; Laws 2007, c. 130, § 3, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-320. Certified Eating Disorder Treatment Programs.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of eating disorder treatment programs and for private facilities and organizations that offer eating disorder treatment services in this state. Such facilities and organizations shall be known as “Certified Eating Disorder Treatment Programs”.
B. For purposes of this section, “eating disorder treatment” means any treatment for anorexia nervosa, bulimia nervosa, or any other severe disturbances in eating behavior specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
C. Applications for certification as a certified eating disorder treatment program, pursuant to the provisions of this section, shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. Nothing in this section shall preclude the Department from making inspection visits to a program to determine program compliance.
D. Hospitals licensed by the State Department of Health shall be exempt from certification requirements. In addition, licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, registered nurses, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in their private practices and not to any eating disorder treatment program operated by such person.
E. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of eating disorder treatment programs as provided in Section 3-324 of this title.
F. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
G. No eating disorder treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
Added by Laws 2005, c. 195, § 16, eff. Nov. 1, 2005. Amended by Laws 2006, c. 97, § 7, eff. Nov. 1, 2006; Laws 2007, c. 130, § 4, eff. Nov. 1, 2007; Laws 2010, c. 287, § 16, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-321. Eating disorder treatment program - Injunction.

A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or any district attorney may bring an action for an injunction against any eating disorder treatment program found to be in violation of the provisions of Section 16 of this act, or any order or determination of the Department.
B. In any action for an injunction brought pursuant to the provisions of this section, any findings of the Department, after hearing and due notice, shall be prima facie evidence of the facts found therein.
Added by Laws 2005, c. 195, § 17, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-322. Certified Gambling Addiction Treatment Programs.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of gambling addiction treatment programs and for private facilities and organizations which offer gambling addiction treatment services in this state. These facilities and organizations shall be known as “Certified Gambling Addiction Treatment Programs”.
B. Applications for certification as a certified gambling addiction treatment program, pursuant to the provisions of this section, shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the program for a period of three (3) years, subject to renewal as provided in rules promulgated by the Board. Nothing in this section shall preclude the Department from making inspection visits to a program to determine program compliance.
C. Hospitals licensed by the State Department of Health shall be exempt from certification requirements. In addition, licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, registered nurses, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in their private practices and not to any gambling addiction treatment program operated by the person.
D. Facilities providing services for gambling addiction shall comply with standards promulgated by the Board; provided, that the certification requirements and standards shall not apply to programs and services offered by other state agencies. The gambling addiction treatment programs certified pursuant to the provisions of this section shall cooperate with inspection personnel of the state and shall promptly file all reports required by the Department. Failure to comply with rules and standards of the Board shall be ground for revocation of certification, after proper notice and hearing.
E. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of gambling addiction treatment programs as provided in Section 3-324 of this title.
F. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
G. No gambling addiction treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
Added by Laws 2005, c. 195, § 18, eff. Nov. 1, 2005. Amended by Laws 2006, c. 97, § 8, eff. Nov. 1, 2006; Laws 2007, c. 130, § 5, eff. Nov. 1, 2007; Laws 2010, c. 287, § 17, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-322a. Problem Gambling Treatment Counselors - Certification.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of Problem Gambling Treatment Counselors who are:
1. Employed by the state;
2. Employed by behavioral services providers contracting with the state to provide behavioral health services;
3. Employed by a tribe or tribal facility that provides behavioral health services; or
4. Employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
B. Such rules and standards shall address criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
C. Application for certification as a Problem Gambling Treatment Counselor shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms authorized by the Department. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the Problem Gambling Treatment Counselor for a period of two (2) years subject to renewal as provided in the rules promulgated by the Board.
D. The Board is authorized to establish an application and renewal fee of no more than One Hundred Dollars ($100.00) to defray the costs incurred in the certification process.
E. Problem Gambling Treatment Counselors certified by the Board or the Commissioner shall only use the title "Problem Gambling Treatment Counselor" if employed by the state, employed by behavioral services providers contracting with the state to provide behavioral health services, employed by a tribe or tribal facility that provides behavioral health services or employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
F. This section shall not be construed to permit the certified Problem Gambling Treatment Counselor to practice any of the following professions or use the following titles unless also licensed or accredited by the appropriate authority:
1. Physician;
2. Psychologist;
3. Clinical social worker;
4. Professional counselor;
5. Marital and family therapist;
6. Behavioral practitioner; or
7. Alcohol and drug counselor.
G. Failure to comply with the rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
H. No Problem Gambling Treatment Counselor shall operate or continue to operate as a Problem Gambling Treatment Counselor unless the Problem Gambling Treatment Counselor complies with the rules promulgated by the Board and is certified as required by this section.
Added by Laws 2021, c. 246, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-323. Gambling addiction treatment program - Injunction.

A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or any district attorney may bring an action for an injunction against any gambling addiction treatment program found to be in violation of the provisions of Section 18 of this act, or any order or determination of the Department.
B. In any action for an injunction brought pursuant to the provisions of this section, any findings of the Department, after hearing and due notice, shall be prima facie evidence of the facts found therein.
Added by Laws 2005, c. 195, § 19, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-323A. Mental Illness Service Program - Certification.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of a facility or organization that desires to be certified as a “Mental Illness Service Program”.
B. Applications for certification as a mental illness service program shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify mental illness service programs for a period of three (3) years, subject to renewal as provided in the rules promulgated by the Board.
C. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of mental illness service programs as provided in Section 3-324 of Title 43A of the Oklahoma Statutes.
D. A certified mental illness service program shall comply with standards adopted by the Board. Such standards shall be in compliance with:
1. The Joint Commission on Accreditation of Healthcare Organizations;
2. The Commission on Accreditation of Rehabilitation Facilities; or
3. Approved medical and professional standards as determined by the Board.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
Added by Laws 2011, c. 32, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-324. Certification and renewal fees.

A. The Department of Mental Health and Substance Abuse Services is hereby authorized to establish and collect certification and renewal fees for certification of any program the Department is authorized by law to certify, to defray the costs incurred in the certification and renewal inspections and procedures.
B. The application and renewal fees for certification shall not exceed One Thousand Dollars ($1,000.00) per certification.
Added by Laws 2006, c. 97, § 9, eff. Nov. 1, 2006. Amended by Laws 2017, c. 209, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-325. Contracts with public and private entities to provide services.

A. The Department of Mental Health and Substance Abuse Services is hereby authorized to contract with public and private entities it certifies, as required by law, for the purpose of providing treatment, evaluation, prevention and other services related to the duties of the Department set forth in this title.
B. The Department of Mental Health and Substance Abuse Services shall not enter into a contract with any of the following programs unless such program has been certified by the Department pursuant to the provisions of this title:
1. Community mental health centers;
2. Community residential mental health programs;
3. Programs of assertive community treatment;
4. Eating disorder treatment programs;
5. Gambling addiction treatment programs;
6. Programs providing alcohol or drug abuse treatment services as set forth under the Oklahoma Alcohol and Drug Abuse Services Act;
7. Community-based structured crisis centers; and
8. Mental health facilities.
Added by Laws 2006, c. 97, § 10, eff. July 1, 2006. Amended by Laws 2007, c. 130, § 6, eff. Nov. 1, 2007; Laws 2016, c. 177, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-326. Peer recovery support specialists.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules for certification of peer recovery support specialists who are:
1. Employed by the state;
2. Employed by a behavioral services provider contracting with the state to provide behavioral health services;
3. Employed by a behavioral services provider certified by the Department of Mental Health and Substance Abuse Services. Provided, however, that certification as a peer recovery support specialist pursuant to this subsection shall be limited to providing services within the employer's area of certification;
4. Employed by a tribe or a tribal facility that provides behavioral health services; or
5. Employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility.
B. Such rules shall address criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
C. Application for certification as a peer recovery support specialist shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the peer recovery support specialist for a period of two (2) years subject to renewal as provided in the rules promulgated by the Board.
D. The Board is authorized to establish an application and renewal fee of no more than One Hundred Dollars ($100.00) to defray the costs incurred in the certification process.
E. A peer recovery support specialist certified by the Board or the Commissioner shall only use the title "certified peer recovery support specialist" if employed by the state, employed by behavioral services providers contracting with or certified by the state to provide behavioral health services, employed by a tribe or tribal facility that provides behavioral health services or employed by an Oklahoma Department of Veterans Affairs or a United States Department of Veterans Affairs facility. This section shall not be construed to permit the certified peer recovery support specialist to practice any of the following professions or use the following titles unless also licensed or accredited by the appropriate authority:
1. Physician;
2. Psychologist;
3. Clinical social worker;
4. Professional counselor;
5. Marital and family therapist;
6. Behavioral practitioner; or
7. Alcohol and drug counselor.
F. No peer recovery support specialist shall operate or continue to operate as a peer recovery support specialist unless the peer recovery support specialist complies with the rules promulgated by the Board and is certified as required by this section.
G. Failure to comply with rules promulgated by the Board shall be grounds for revocation, suspension, or nonrenewal of certification.
Added by Laws 2010, c. 287, § 18, eff. Nov. 1, 2010. Amended by Laws 2013, c. 335, § 2, eff. Nov. 1, 2013; Laws 2017, c. 111, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-327. Effective period for Department of Mental Health and Substance Abuse Services certifications.

All certifications issued by the Department of Mental Health and Substance Abuse Services shall only be effective for the time period specified by rules and standards promulgated by the Board of Mental Health and Substance Abuse Services or specifically enumerated in Title 43A of the Oklahoma Statutes. Unless a renewal of certification has been issued in accordance with the rules and standards promulgated by the Board, certifications shall be deemed expired as a matter of law. No further action by the Department shall be required to remove an expired certification.
Added by Laws 2010, c. 287, § 19, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-328. Crisis intervention support for law enforcement, firefighter, emergency medical and corrections communities.

A. Subject to the availability of funds, the Department of Mental Health and Substance Abuse Services is hereby directed to contract with public and private entities located in the State of Oklahoma for the purpose of providing peer support crisis intervention, counseling and wellness for the law enforcement, firefighter, emergency medical and corrections communities impacted by trauma, cumulative stress, anxiety, addictions, death and suicide and the impact on their personal lives.
B. Qualified crisis intervention training entities shall provide peer support teams trained in crisis intervention and wellness strategies.
C. Qualified crisis intervention training entities, as provided for in this section, shall be required to be derived from the International Critical Incident Stress Foundation (ICISF) and shall employ the Critical Incident Stress Management (CISM) crisis intervention process. All instructors that teach the Critical Incident Stress Management process shall be ICISF approved instructors.
D. Wellness strategies, required pursuant to this section, shall include, but not be limited to, resilience trainings related to resiliency for the job, emotional survival, substance abuse prevention, suicide prevention, financial and relationship strategies. Wellness training shall be taught using subject matter experts' curriculum.
Added by Laws 2021, c. 304, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-401. Citation.

Sections 3-401 through 3-429 of the Mental Health Law shall be known and may be cited as the "Oklahoma Alcohol and Drug Abuse Services Act".
Added by Laws 1978, c. 64, § 1. Amended by Laws 1983, c. 134, § 1, eff. July 1, 1983; Laws 1986, c. 103, § 36, eff. Nov. 1, 1986. Renumbered from § 2100 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-402. Public policy - Purpose.

It is hereby declared to be the public policy of this state to recognize alcoholism and drug abuse as illnesses and public health problems affecting the health, safety, morals, economy and general welfare of the state; to recognize alcoholism and drug abuse as illnesses subject to medical treatment and other therapeutic intervention and abatement; and to recognize that the sufferer of alcoholism and drug abuse is entitled to treatment and rehabilitation. The purpose of this act is to establish means whereby the appropriate resources of this state may be most fully and effectively focused upon the problems of alcoholism and drug abuse and utilized in implementing programs for the control and treatment of these illnesses.
Added by Laws 1968, c. 130, § 1, emerg. eff. April 8, 1968. Amended by Laws 1974, c. 137, § 1, emerg. eff. May 3, 1974; Laws 1978, c. 64, § 2; Laws 1983, c. 134, § 2, eff. July 1, 1983. Renumbered from § 2101 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-405. Expenditure of funds.

The Commissioner of the Department of Mental Health and Substance Abuse Services may use any monies appropriated to the agency to fund or assist in funding expenditures of the Board of Mental Health and Substance Abuse Services which are necessary to perform the duties imposed upon the Board by law.
Added by Laws 1984, c. 237, § 16, operative July 1, 1984. Renumbered from § 2109.1 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 78, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 21, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-406.1. Purchase of alcohol and drug therapy.

A. Until June 30, 2013, the Department of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority shall continue to purchase, on a fee-for-service basis, therapy provided by certified alcohol and drug counselors, as defined in Chapter 43B, Section 1871 of Title 59 of the Oklahoma Statutes, provided such therapy is provided by certified alcohol and drug counselors employed from organizations or individuals under contract with the Department of Mental Health and Substance Abuse Services or the Oklahoma Health Care Authority.
B. Nothing in this section shall prohibit the Board of Mental Health and Substance Abuse Services or the Oklahoma Health Care Authority Board from initiating or terminating contracts with certified substance abuse providers, establishing contract limits, developing or modifying reimbursement schedules, or otherwise managing appropriated resources on behalf of the state.
Added by Laws 2010, c. 417, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-416. Standards - Treatment services and rules of operation - Guidelines.

In establishing standards for treatment services and rules of operation, the Authority and approved treatment facilities shall be guided by the following standards:
1. If possible a consumer shall be treated on a voluntary rather than an involuntary basis.
2. A consumer shall be initially referred to outpatient treatment or intermediate care unless he is found to require inpatient treatment.
3. A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment.
4. No person shall be refused treatment because of sex or age unless the approved treatment facility which refuses treatment refers the person to another approved treatment facility with which it has a written referral agreement and which provides services appropriate to the person’s sex or age group.
5. Restrictions on acceptance of persons by an approved treatment facility shall be published by the facility and made available to the public.
6. An individualized treatment plan shall be prepared and maintained on a current basis for each consumer.
7. Family members of the consumer shall be included in the treatment services when possible and appropriate.
8. Community-based treatment shall be encouraged and emphasized to make treatment available to persons in their home communities.
9. Consumers shall be encouraged to agree to such further diagnosis and treatment as will be of benefit to them.
Added by Laws 1978, c. 64, § 8. Renumbered from § 2125 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 18, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-417. Health and safety standards.

A. In addition to the standards for treatment services and rules of operation required by Section 3-416 of this title, the Department of Mental Health and Substance Abuse Services shall establish physical facility standards, fire safety standards and such other health and safety standards for halfway houses and transitional living facilities as necessary.
B. The Department of Mental Health and Substance Abuse Services shall ensure that the standards required by Section 3-415 of this title include specific physical facility standards providing for facilities that provide substance abuse treatment services to pregnant women and women with children when the children also reside at the facility.
Added by Laws 1974, c. 137, § 10, emerg. eff. May 3, 1974. Amended by Laws 1983, c. 134, § 10, eff. July 1, 1983; Laws 1986, c. 103, § 44, eff. Nov. 1, 1986. Renumbered from § 2117 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 1987, c. 225, § 44, eff. Nov. 1, 1987; Laws 1990, c. 295, § 1, operative July 1, 1990; Laws 1994, c. 327, § 3, eff. Sept. 1, 1994; Laws 2002, c. 230, § 18, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-417.1. Transitional living centers and halfway houses – Nondiscriminatory zoning laws.

Any transitional living center or halfway house, as defined in Section 3-403 of this title, shall be subject to the nondiscriminatory zoning laws of the state, county or municipality in which located, and the location of such facility is specifically prohibited within one thousand (1,000) feet of any public or private elementary or secondary school. Provided, that if any public or private elementary or secondary school shall be established within the prohibited distance from any such facility after such facility has been in use as a transitional living center or halfway house, this shall not be a bar to the continued use of the facility as designated so long as it remains in continuous use as designated. The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the transitional living center or halfway house. The provisions of this section shall not apply to any transitional living center or halfway house established prior to the effective date of this act.
Added by Laws 1994, c. 213, § 3, emerg. eff. May 20, 1994. Amended by Laws 2002, c. 230, § 19, eff. Nov. 1, 2002; Laws 2003, c. 46, § 19, emerg. eff. April 8, 2003; Laws 2015, c. 328, § 1, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-424. Visitation privileges - Mail or other communication - Telephones.

A. Subject to the restrictions imposed by subsection B of this section, a consumer in an inpatient or residential mental health or substance abuse facility has the right to:
1. Receive a reasonable number of visitors at reasonable times;
2. Reasonable access to make and receive telephone calls;
3. Communicate by uncensored and sealed mail; and
4. Writing materials and reasonable amounts of postage if unable to procure the same.
B. The rights provided in subsection A of this section are subject to the general rules of the facility and may be restricted by the treatment team ultimately responsible for the consumer’s treatment to the extent that the restriction is necessary to the consumer’s welfare, to protect another person, or to the security of the facility; provided, however, the right to communicate with legal counsel, a treatment advocate, or the Department may not be denied.
C. If a restriction is imposed under this section, the reasons for the restriction and the duration of the restriction shall be documented in the consumer’s clinical record. The treatment team shall inform the consumer, the treatment advocate, and, if appropriate, the consumer’s parent or guardian of the clinical reasons for the restriction and the duration of the restriction.
Added by Laws 1978, c. 64, § 23. Renumbered from § 2140 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 2004, c. 113, § 11, eff. Nov. 1, 2004; Laws 2010, c. 287, § 21, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-425. Alcohol- and drug-dependent person with associated medical problems - Treatment.

Any alcohol- and drug-dependent person with associated medical problems will be treated by appropriate medical facilities such as a duly licensed general hospital.
Added by Laws 1974, c. 137, § 6, emerg. eff. May 3, 1974. Amended by Laws 1983, c. 134, § 7, eff. July 1, 1983. Renumbered from § 2113 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-425.1. HIV education, testing and counseling services.

Every approved treatment facility in this state shall:
1. Provide Human Immunodeficiency Virus (H.I.V.) infection education sessions to drug-dependent persons in such facility and shall make said education sessions available to the spouses or other sexual partners of such persons as part of its treatment program for drug-dependent persons; and
2. Refer all drug-dependent persons in its program for Human Immunodeficiency Virus (H.I.V.) infection testing and counseling.
The treatment facility shall provide assistance as necessary to enable drug-dependent persons in its program to receive said testing and counseling services and may enter into a contract with a public or private organization for the provision of testing or counseling services at the treatment facility site. The results of individual tests shall be maintained in a confidential manner as required by state and federal law.
Added by Laws 1988, c. 79, § 1, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-426. Fees and costs - Payment.

A. If treatment is provided by an approved treatment facility to a consumer admitted under the provisions of this act and the consumer has not paid the fees charged for such treatment, the approved treatment facility is entitled to any payment received:
1. By the consumer to which he is entitled because of the services rendered; and
2. From any public or private source available to the facility because of the treatment provided to the consumer.
B. A consumer admitted to an approved treatment facility under the provisions of this act, the estate of the consumer or a person obligated by law to pay for the treatment of the consumer, and financially able to do so, is liable to the approved treatment facility for the cost of maintenance and treatment of the consumer in the facility in accordance with the published rates.
C. The administrator of the facility shall adopt rules governing financial ability to pay for maintenance and treatment which take into consideration the income, savings and other personal and real property of the person required to pay, and any support being furnished by him to any person he is required by law to support. Rates shall be published by the facility in accordance with regulations of the Authority adopted under the provisions of the Administrative Procedures Act.
Added by Laws 1978, c. 64, § 25. Renumbered from § 2142 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 19, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-427. Alcohol- or drug-dependent person deemed mentally ill.

Any alcohol- or drug-dependent person who is also deemed to be a mentally ill person as defined in the mental health laws of this state is subject to all provisions of the mental health laws governing admission and disposition of mentally ill persons.
Added by Laws 1974, c. 137, § 5, emerg. eff. May 3, 1974. Amended by Laws 1983, c. 134, § 6, eff. July 1, 1983. Renumbered from § 2112 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-429. Emergency service patrols.

A. Counties and municipalities may establish emergency service patrols. A patrol consists of persons trained to give assistance in public places to persons whom the patrol has reasonable grounds to believe are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport intoxicated persons to their homes and to and from approved treatment facilities and alternative facilities.
B. Standards for the establishment, training and conduct of emergency service patrols shall be adopted by the county or municipality and approved by the alcohol services and drug abuse planning body for that region. These standards shall comply with the standards of the regional emergency medical services plan.
Added by Laws 1978, c. 64, § 24. Amended by Laws 1983, c. 134, § 22, eff. July 1, 1983; Laws 1986, c. 103, § 48, eff. Nov. 1, 1986. Renumbered from § 2141 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-451. Definitions.

As used in Sections 3-452 and 3-453 of this title:
1. "Alcohol and drug substance abuse course" means a course certified by the Department of Mental Health and Substance Abuse Services designed to inform the offender about alcohol or other drugs and driving, and encourages the participants to reassess their use of alcohol or other drugs, and driving behavior, in order to select practical alternatives.
2. "Satisfactory completion of a course" means that the institution or agency conducting the course certifies to the Department of Public Safety that the participant has successfully completed the requirements of the course.
3. "Alcohol and drug substance abuse treatment program" means a program designated by the Department of Mental Health and Substance Abuse Services for the treatment of alcohol and drug abuse, or alcoholism and drug dependency.
Added by Laws 1978, c. 197, § 1, emerg. eff. April 14, 1978. Amended by Laws 1985, c. 204, § 2, eff. Nov. 1, 1985; Laws 1985, c. 338, § 7, eff. Nov. 1, 1985; Laws 1990, c. 51, § 110, emerg. eff. April 9, 1990; Laws 1990, c. 265, § 65, eff. Sept. 1, 1990. Renumbered from Title 47, § 11-902.1 by Laws 1990, c. 265, § 77, operative July 1, 1990. Amended by Laws 2003, c. 46, § 20, emerg. eff. April 8, 2003; Laws 2006, c. 120, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-452. Sentence and punishment - Conditional participation in alcohol and drug substance abuse course or program.

Except as otherwise provided by law, in any case in a municipal or district court of proper jurisdiction wherein the defendant is charged with actual physical control of or operation of a motor vehicle while under the influence of or impaired by alcohol or a drug, the court may:
1. Upon a plea of guilty or nolo contendere, or stipulation by the defendant, or a verdict, but before a judgment of guilt is entered, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the condition that the defendant enroll in, attend and successfully complete, at his or her own expense, an alcohol and drug substance abuse course or an alcohol and drug substance abuse treatment program, or both as identified by an assessment conducted by a certified assessor; or
2. Upon a conviction, suspend the execution of sentence, with or without probation, upon the condition that the defendant enroll in, attend and successfully complete an alcohol and drug substance abuse course or an alcohol and drug substance abuse treatment program as provided by Section 3-453 of this title.
Added by Laws 1978, c. 197, § 2, emerg. eff. April 14, 1978. Amended by Laws 1985, c. 338, § 8, eff. Nov. 1, 1985; Laws 1990, c. 265, § 66, eff. Sept. 1, 1990. Renumbered from § 11-902.2 of Title 47 by Laws 1990, c. 265, § 77, operative July 1, 1990. Amended by Laws 1992, c. 382, § 4, emerg. eff. June 9, 1992; Laws 2003, c. 46, § 21, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 5, emerg. eff. May 7, 2003; Laws 2005, c. 195, § 21, eff. Nov. 1, 2005; Laws 2013, c. 157, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-453.1. Operating facility without certification - Injunction.

A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or the district attorney of the appropriate district court may bring an action in a court of competent jurisdiction for an injunction against any individual for operating an alcohol and drug substance course without the appropriate certification by the Department of Mental Health and Substance Abuse Services or for a violation of any order or determination of the Department.
B. Any findings of the Department, after hearing and due process, in any action for an injunction brought pursuant to this section, shall be prima facie evidence of the facts.
C. The district court for the county where the facility is located has jurisdiction to determine the action, to grant the necessary injunctive relief and to award attorney’s fees to the prevailing party.
Added by Laws 2004, c. 113, § 12, eff. Nov. 1, 2004. Amended by Laws 2005, c. 150, § 21, emerg. eff. May 9, 2005.