reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-453.2. Course facilitator certification - Requirements - Time limit.

A. Each facilitator for an alcohol and drug substance abuse course shall be certified by the Department of Mental Health and Substance Abuse Services and shall:
1. Possess a bachelor’s degree in behavioral or health care sciences education, psychology, social work or chemical dependency;
2. Possess at least two (2) years of verifiable full-time-equivalent experience in the addiction treatment field;
3. Provide documentation verifying observation of one complete alcohol and drug substance abuse course conducted by a certified facilitator, which shall be completed and verified to the Department prior to attending facilitator training;
4. Provide proof of attendance at a facilitator training session and pass the Department certification examination for the ten-hour alcohol and drug substance abuse course facilitator; and
5. Provide verification of having conducted a complete alcohol and drug substance abuse course under the supervision of a certified alcohol and drug substance abuse course facilitator or a Department representative.
B. A facilitator for a twenty-four-hour alcohol and drug substance abuse course shall meet all the requirements contained in paragraphs 1 through 3 of subsection A of this section and shall:
1. Attend the twenty-four-hour alcohol and drug substance abuse course facilitator training session and pass the Department certification examination for the twenty-four-hour alcohol and drug substance abuse course facilitator; and
2. Conduct a complete twenty-four-hour alcohol and drug substance abuse course under the supervision of a certified alcohol and drug substance abuse course facilitator or a Department representative.
C. Alcohol and drug substance abuse course facilitator candidates shall be allowed one year to complete all training requirements. Failure to meet all requirements within one year shall result in denial of certification. To be reconsidered, the candidate shall be required to reapply to the Department.
Added by Laws 2008, c. 401, § 9, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-460. Driver license revocation - Certification of alcohol and drug assessment personnel - Application and assessment fees.

A. The Department of Mental Health and Substance Abuse Services shall certify assessment personnel for the purpose of conducting alcohol and drug assessment and evaluation programs related to driver license revocation.
B. Application fees for certification of assessment personnel shall be set by the Department to defray the costs of administering the program and shall be:
1. Not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) upon initial application; and
2. Not less than Twenty-five Dollars ($25.00) and not more than One Hundred Fifty Dollars ($150.00) upon triennial renewal.
C. The fee for those undergoing an assessment and evaluation pursuant to this section shall be One Hundred Sixty Dollars ($160.00). A fee of Fifteen Dollars ($15.00) shall be remitted by the individual undergoing an assessment and evaluation directly to the Department of Public Safety pursuant to Section 6-212 of Title 47 of the Oklahoma Statutes.
1. The Department of Public Safety shall remit ninety percent (90%) of the fifteen-dollar fee collected pursuant to this section to the State Treasurer to be credited to the Community-based Substance Abuse Revolving Fund in the State Treasury and shall be used by the Department of Mental Health and Substance Abuse Services.
2. Ten percent (10%) of each fifteen-dollar fee collected by the Department of Public Safety pursuant to this section shall be deposited into the Department of Public Safety Restricted Revolving Fund, as created in Section 2-145 of Title 47 of the Oklahoma Statutes, to be used for administrative costs associated with the duties imposed by this section.
D. The Board of Mental Health and Substance Abuse Services is authorized to promulgate such rules as are necessary to implement the provisions of Section 3-451 et seq. of this title. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
E. The Director of the Office of Management and Enterprise Services shall transfer any unobligated monies generated by the fees in subsection C of this section, deposited before November 1, 2005, from the Department of Mental Health and Substance Abuse Services Revolving Fund to the Community-based Substance Abuse Revolving Fund, in amounts calculated by the Department.
F. No alcohol or drug assessment personnel shall operate or continue to operate as such unless the alcohol or drug assessment personnel comply with the rules promulgated by the Board and are certified as required by this section.
Added by Laws 2001, c. 186, § 11, eff. Nov. 1, 2001. Amended by Laws 2003, c. 46, § 23, emerg. eff. April 8, 2003; Laws 2005, c. 195, § 23, eff. Nov. 1, 2005; Laws 2007, c. 130, § 8, eff. Nov. 1, 2007; Laws 2008, c. 401, § 10, eff. Nov. 1, 2008; Laws 2010, c. 287, § 23, eff. Nov. 1, 2010; Laws 2012, c. 283, § 1, eff. July 1, 2012; Laws 2012, c. 304, § 152.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43a-3-460.1. Performing alcohol and drug assessments 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 agency or individual for performing alcohol and drug assessments without 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. 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’s fees to the prevailing party.
Added by Laws 2004, c. 113, § 13, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-602. Course of treatment in opioid substitution treatment program – Maximum daily dose.

A. A course of treatment in an opioid substitution treatment program may include, but shall not be limited to, short-term detoxification, interim maintenance treatment or comprehensive maintenance treatment depending on the availability of such services and the needs of the individual.
B. The Department of Mental Health and Substance Abuse Services shall approve any drug and the formulation or formulations to be used in an opioid substitution treatment program and the Board shall promulgate rules establishing guidelines for the maximum daily dose, not to exceed limits set by the Code of Federal Regulations. Pregnancy tests for women shall be conducted upon admission to an opioid substitution treatment program and at least annually thereafter, unless otherwise indicated.
Added by Laws 1980, c. 108, § 3, emerg. eff. April 10, 1980. Amended by Laws 1986, c. 103, § 52, eff. Nov. 1, 1986. Renumbered from § 660 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 79, § 2, eff. Nov. 1, 1987; Laws 1990, c. 51, § 87, emerg. eff. April 9, 1990; Laws 1996, c. 354, § 53, eff. Nov. 1, 1996; Laws 2001, c. 186, § 13, eff. Nov. 1, 2001; Laws 2002, c. 488, § 27, eff. Nov. 1, 2002; Laws 2003, c. 46, § 25, emerg. eff. April 8, 2003; Laws 2006, c. 97, § 14, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-702. Prisoners in need of mental health treatment – Determination of ability to consent - Transfer to facility – Discharge – Costs - Expiration of sentence - Commitment.

When a person confined in a penal or correctional institution or reformatory of this state is evaluated as provided by law by a licensed mental health professional to be a person requiring treatment as defined in Section 1-103 of this title, the district court may order the inmate’s transfer to a facility, or unit within the Department of Corrections and make a determination of whether the inmate is capable of consenting to or refusing treatment that is ordered including, but not limited to, the right to refuse medication, pursuant to the laws governing involuntary commitment, where the inmate shall remain until the person in charge of the correctional institution or unit, or the physician which received the inmate determines that the inmate has improved to the point that the inmate may be discharged pursuant to the laws of this title governing discharge. If the sentence expires during the time of a prisoner's involuntary commitment at the correctional institution, and the prisoner is still a person requiring treatment, the person in charge of the correctional institution shall immediately instigate proceedings for commitment to the custody of the Department of Mental Health and Substance Abuse Services or to a private facility willing to accept the person for treatment under the procedures provided in this title.
Added by Laws 1953, p. 166, § 61, emerg. eff. June 3, 1953. Amended by Laws 1979, c. 106, § 1; Laws 1986, c. 103, § 54, eff. Nov. 1, 1986. Renumbered from § 61 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 245, § 2, emerg. eff. May 21, 1990; Laws 2001, c. 186, § 14, eff. Nov. 1, 2001; Laws 2003, c. 46, § 28, emerg. eff. April 8, 2003.
NOTE: Laws 1990, c. 51, § 89 repealed by Laws 1990, c. 337, § 26.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-3-704. Mental health and substance abuse evaluation - Convicted felons.

After an initial appearance, a person accused of a felony offense may submit to an approved risk, mental health and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services. Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health and substance abuse assessment and evaluation shall have appropriate assistance. The court, district attorney, arrested person and counsel for the arrested person shall have access to the results of the risk, mental health and substance abuse assessment and evaluation. The results of the risk, mental health and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined at the discretion of the court. The court and the district attorney shall consider the results of the risk, mental health and substance abuse assessment and evaluation to determine sentencing options for the person.
Added by Laws 2012, c. 296, § 4, eff. Nov. 1, 2012. Amended by Laws 2013, c. 335, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-101. Humane care and treatment - Food - Discipline - Medical care.

All persons being treated at facilities within the Department of Mental Health and Substance Abuse Services and facilities certified by the Department shall be given humane care and treatment. The food shall always be sufficient and wholesome. No physical or emotional punishment shall be inflicted, and the rules and discipline shall be designed to promote the well-being of the person being treated. The physical, medical, psychiatric and psychological testing, diagnosis, care and treatment shall be in accordance with the highest standards accepted in private and public medical and psychiatric practice to the extent that facilities, equipment and personnel are available.
Added by Laws 1953, p. 170, § 91, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 8, emerg. eff. June 3, 1977. Renumbered from § 91 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 29, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-102. Individualized treatment plans - Requirements.

There shall be developed during a person’s stay in a mental health facility, an individualized treatment plan which shall be specifically tailored to such person’s treatment needs. Each plan shall clearly include the following:
1. A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval;
2. Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include specific prognosis for achieving each of these goals;
3. Identification of the types of professional personnel who shall carry out the treatment procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law;
4. Documentation of consumer involvement and, if applicable, accordance with the treatment plan by the consumer; and
5. A statement attesting that the person in charge of the facility or clinical director has made a reasonable effort to meet the individualized treatment goals of the plan in the least restrictive environment possible, closest to the home community of the consumer.
Added by Laws 1980, c. 291, § 10, eff. Oct. 1, 1980. Renumbered from § 622 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 24, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment.

The executive director of any facility within the Department of Mental Health and Substance Abuse Services shall have custody and control of a consumer within the facility during the period of time the consumer is detained for observation or treatment or both, and shall be responsible for the care and treatment of the consumer during the time the consumer remains in the facility.
Added by Laws 1989, c. 319, § 5, eff. Nov. 1, 1989. Amended by Laws 1990, c. 51, § 90, emerg. eff. April 9, 1990; Laws 2004, c. 113, § 14, eff. Nov. 1, 2004; Laws 2005, c. 150, § 25, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-104. Surgical operations - Notice - Emergency.

Before proceeding with any major operation which in the judgment of the executive director of the facility is advisable or necessary, the executive director shall notify or cause to be notified the spouse, parent or guardian or one of the next of kin residing in Oklahoma, if the information is shown by the records on file with the executive director. A copy of the notice shall be filed in the records of the consumer, except in cases of grave emergency where the medical staff feels that surgical or other intervention is necessary to prevent serious consequences or death, authority is hereby given to proceed with such measure.
Added by Laws 1953, p. 171, § 96, emerg. eff. June 3, 1953. Renumbered from § 96 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 26, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-105. Service of court citation, order or process - Return - Effect.

Any citation, order or process required by law to be served on a consumer of a facility within the Department of Mental Health and Substance Abuse Services shall be served only by the executive director in charge or by someone designated by the executive director. Return to the court from which the citation, order or process was issued shall be made by the person making the service. The service and return shall have the same force and effect as if it had been made by the sheriff of the county.
Added by Laws 1953, p. 171, § 97, emerg. eff. June 3, 1953. Renumbered from § 97 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 29, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 27, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-106. Mechanical restraints - Record.

A. Mechanical restraints shall not be applied to a consumer unless:
1. It is determined by an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse who is authorized to order restraint by hospital or community-based structured crisis center, as defined by Section 3-317 of this title, policy to be required by the medical needs of the consumer; or
2. An emergency situation arises and a mechanical restraint is necessary for the safety of the individual or others. The mechanical restraint may be applied after obtaining a verbal order of an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse as long as the consumer receives a face-to-face examination within one (1) hour after the restraint is applied by an allopathic physician, osteopathic physician, physician assistant, advanced practice registered nurse or registered nurse trained in restraint management in accordance with the then-current standards promulgated by the United States Department of Health and Human Services and authorized by hospital policy.
B. No mechanical restraint shall be continued for longer than is absolutely necessary under the circumstances. Regardless of who orders the restraint, every use of a mechanical restraint, the reasons and length of time, shall be made a part of the clinical record of the consumer under the signature of the attending allopathic physician or osteopathic physician.
Added by Laws 1953, p. 171, § 92, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 9, emerg. eff. June 3, 1977. Renumbered from § 92 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 30, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 28, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 9, eff. Nov. 1, 2007; Laws 2015, c. 57, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-107a. 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 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 the security of the facility; provided, however, the right to communicate with legal counsel, treatment advocate, and 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 2004, c. 113, § 15, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-108. Labor by consumers - Work therapy - Compensation.

A. A person receiving treatment for mental illness or alcohol- or drug-dependency may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:
1. The consumer voluntarily agrees to perform the labor;
2. Engaging in the labor would not be inconsistent with the treatment plan for the consumer;
3. The amount of time or effort necessary to perform the labor would not be excessive;
4. The consumer is compensated appropriately and in accordance with applicable federal and state minimum wage laws; and
5. Discharge and privileges are not conditioned upon the performance of such labor.
B. The provisions of this section shall not apply to bona fide “work therapy” which is a part of the treatment program.
Work therapy shall be:
1. In the best interests of the person;
2. Therapeutic in nature and purpose;
3. Part of the treatment plan of the person;
4. Documented in the treatment record with a rationale for the work therapy;
5. Voluntarily entered into by the person;
6. Compensated by the facility at a rate derived from the value of the work performed; and
7. Compensated in accordance with federal and state minimum wage law if the primary benefit is to the facility.
C. The provisions of subsections A and B of this section shall not apply to personal housekeeping, personal maintenance, or communal living, or tasks oriented to improving life skills. These activities shall not primarily benefit the facility.
D. Payment pursuant to this section shall not be applied by the facility to offset the costs of maintenance of persons receiving treatment in the facility, unless the person authorizes such payment or offset in writing.
Added by Laws 1980, c. 174, § 1, eff. Oct. 1, 1980. Renumbered from § 191.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 30, eff. Nov. 1, 2002; Laws 2005, c. 150, § 29, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-201. Liability of consumer and estate for cost of care and treatment.

A consumer at a facility within the Department of Mental Health and Substance Abuse Services is liable for his or her care and treatment. This claim of the state for such care and treatment shall constitute a valid indebtedness against any such consumer and the estate of the consumer and shall not be barred by any statute of limitations. At the death of the consumer this claim shall be allowed and paid as other lawful claims against the estate. Provided, further that no admission or detention of a consumer in a state facility shall be limited or conditioned in any manner by the financial status or ability to pay of a consumer, the estate of the consumer, or any relative of the consumer.
Added by Laws 1953, p. 172, § 111, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 190, § 6, emerg. eff. June 27, 1959; Laws 1986, c. 103, § 57, eff. Nov. 1, 1986. Renumbered from § 111 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 30, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-202. Amount payable for care and treatment - Inability to pay.

The amount payable for care and treatment shall be determined by the Commissioner subject to the approval of the Board. At no time shall a person be refused care and treatment because of inability to pay.
Added by Laws 1953, p. 172, § 112, emerg. eff. June 3, 1953. Amended by Laws 1984, c. 237, § 14, operative July 1, 1984. Renumbered from § 112 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-203. Reduction or waiver of liability - Report as to ability - Information from Tax Commission.

A. The Board of Mental Health and Substance Abuse Services may promulgate rules authorizing the executive director or designee of a facility within the Department of Mental Health and Substance Abuse Services at which a consumer is being treated to charge on a sliding scale or waive the liability of the consumer and estate of the consumer for the care and treatment of the consumer, if it is determined that the consumer is unable to pay the full amount for such care and treatment, or that the consumer is an indigent person as defined in this title.
B. Before any charge for care and treatment is placed on a sliding scale or waived there must be:
1. A written application and documentation demonstrating the income of the consumer;
2. The number of dependents of the consumer;
3. A statement of any charges to be placed on the sliding scale or waiver of indebtedness of the consumer for care and treatment; and
4. The reasons for the placement on the sliding scale or waiver. The statement must be signed by the executive director or designee granting such placement on the sliding scale or waiver. The statement must also be filed with the records of the consumer at the facility.
C. For the purpose of determining the financial status or ability to pay of a consumer, the estate of the consumer, or persons liable for the care and treatment of the consumer, the Oklahoma Tax Commission is directed to furnish to the Commissioner of Mental Health and Substance Abuse Services, or designee, upon request, such information as may be of record in the Commission relative to consumers, and their estates.
Added by Laws 1953, p. 173, § 113, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 58, eff. Nov. 1, 1986. Renumbered from § 113 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 168, § 1, eff. Nov. 1, 1987; Laws 2003, c. 46, § 31, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 31, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-204. Time of payment - Statement of sum due.

The cost of the care and treatment of the consumer shall be paid monthly unless the Commissioner of Mental Health and Substance Abuse Services and any person agreeing to make the payments may arrange for quarterly or semiannual payments. The executive director of a facility within the Department of Mental Health and Substance Abuse Services in which a consumer is held shall issue a statement of the sum that is due to all persons who are liable for the care and treatment of the consumer, but failure to send or receive this statement shall not affect the liability of a person who is otherwise liable for the care and treatment of the consumer.
Added by Laws 1953, p. 173, § 114, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 59, eff. Nov. 1, 1986. Renumbered from § 114 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 32, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 32, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-205. Payment by guardian - Collection by legal proceeding.

A. If a guardian has been appointed for the estate of a consumer in a facility within the Department of Mental Health and Substance Abuse Services, the court shall order the guardian to pay the amount of the state’s claim for care and treatment.
B. If no guardian has been appointed, the claim of the state against a consumer for the care and treatment of the consumer may be collected by suit or other proceedings against the consumer brought in the name of the state by the district attorney of the county from which said consumer was sent or any county in which the consumer may have property.
C. The claim of the state against a husband, wife, the parents and the children of any consumer for care and treatment of the consumer may be collected by suit or other proceedings in the name of the state against the husband, the wife, a parent, a child, or any two or more of them.
Added by Laws 1953, p. 173, § 115, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 60, eff. Nov. 1, 1986. Renumbered from § 115 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 92, emerg. eff. April 9, 1990; Laws 2003, c. 46, § 33, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 33, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-4-206. Proof of indebtedness - Disposition of money collected.

In all suits or proceedings instituted in accordance with Sections 4-205 and 2-207 of this title, the executive director of the facility shall furnish proof of the indebtedness of a consumer and the amount due the state for the care and treatment of the consumer. All collected monies shall be paid to the executive director of the facility and deposited with the State Treasurer who shall place the same to the credit of the Department of Mental Health and Substance Abuse Services revolving fund.
Added by Laws 1953, p. 174, § 118, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 61, eff. Nov. 1, 1986. Renumbered from § 118 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 34, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 34, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution.

A. Any person who has a mental illness or is alcohol- or drug-dependent to a degree which warrants inpatient treatment or care, and who is not in confinement in any jail or correctional facility on a criminal charge or conviction and who has no criminal charges pending against him or her, may be admitted to and confined in a facility within the Department of Mental Health and Substance Abuse Services, a state psychiatric hospital, or a licensed private institution by compliance with any one of the following procedures:
1. Emergency admission;
2. On voluntary application; or
3. On involuntary court commitment.
B. Any person who has a mental illness or is alcohol- or drug-dependent to a degree which warrants inpatient treatment or care and who has criminal charges pending against him or her but is not confined in any jail or correctional facility may be admitted to a facility within the Department or a licensed private institution pursuant to the provisions of subsection A of this section; provided, the facility or hospital shall be authorized to take such reasonable steps as necessary to assure the protection of the public, the residents of the facility or hospital and the person including, but not limited to, segregation and private facilities. Provided further, treatment received pursuant to this subsection shall not constitute a defense in any criminal proceeding except as otherwise provided by Title 22 of the Oklahoma Statutes.
C. 1. Any person confined pursuant to a criminal charge shall only be admitted to and confined pursuant to a court order issued in compliance with the provisions of Section 1175.6 of Title 22 of the Oklahoma Statutes.
2. No person shall be deprived of his or her liberty on the grounds that such person is, or is supposed to have, a mental illness or is in need of mental health treatment, except in accordance with the provisions of the Mental Health Law.
Added by Laws 1953, p. 160, § 51, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 62, eff. Nov. 1, 1986. Renumbered from § 51 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 348, § 22, eff. Nov. 1, 1989; Laws 1990, c. 51, § 93, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 3, eff. Sept. 1, 1994; Laws 1995, c. 1, § 14, emerg. eff. March 2, 1995; Laws 2002, c. 488, § 31, eff. Nov. 1, 2002; Laws 2003, c. 213, § 4, eff. July 1, 2003; Laws 2003, c. 394, § 3; Laws 2005, c. 195, § 24, eff. Nov. 1, 2005; Laws 2007, c. 130, § 10, eff. Nov. 1, 2007; Laws 2008, c. 401, § 11, eff. Nov. 1, 2008.
NOTE: Laws 1994, c. 180, § 2 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-102. Official forms required - Order as sufficient authority and protection.

No person shall be accepted into any facility without the use of the properly executed official forms. The properly executed order to hospitalize or the order of admission shall be full and sufficient authority and protection to the executive director or the person acting as such in the absence of the executive director for receiving and detaining in the hospital the person named on the form.
Added by Laws 1953, p. 167, § 63, emerg. eff. June 3, 1953. Renumbered from § 63 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 35, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-103. Unlawful or malicious confinement in institution.

Any person who shall knowingly contrive or conspire to have ordered or admitted any person to an institution for the mentally ill or a facility for the treatment of alcohol-dependent or drug-dependent persons, unlawfully or maliciously 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 such fine and imprisonment.
Added by Laws 1953, p. 174, § 131, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 63, eff. Nov. 1, 1986. Renumbered from § 131 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-104. False attestation - Penalty.

Any person who intentionally falsely attests to the mental illness, alcohol dependency, or drug dependency of any person, or whose false attestations as to mental illness, alcohol dependency, or drug dependency of any person is proved to be the result of negligence or deficient professional skill, or who signs such an evaluation or petition for pecuniary reward, or promise thereof, or other consideration of value or operating to his or her advantage, other than the professional fee usually paid for such service, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by payment of a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the county jail not to exceed one (1) year, or both such fine and imprisonment.
Added by Laws 1953, p. 175, § 139, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 64, eff. Nov. 1, 1986. Renumbered from § 139 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 195, § 25, eff. Nov. 1, 2005; Laws 2007, c. 130, § 11, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-201. Rights of detained persons upon entry into facility.

All facilities wherein persons are detained for any purpose under the provisions of this act shall allow such detained person the right to contact a relative, close friend or attorney immediately upon entry into such place of detention.
Added by Laws 1980, c. 324, § 4, emerg. eff. June 17, 1980. Renumbered from § 57.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-202. Confinement of persons alleged or adjudged mentally ill, alcohol-dependent or drug-dependent.

When any person alleged in any court to be mentally ill, alcohol-dependent, or drug-dependent, or shall have been adjudged to be mentally ill, alcohol-dependent, or drug-dependent and shall be in the legal custody of the county sheriff as prescribed by law, if such person has not been charged with commission of a crime, the said county sheriff is hereby authorized to confine such person in a place other than the county jail to be selected by said county sheriff and to transport such person to the place selected; provided that such confinement shall be in a place and manner so as to prevent such confined person from in any way endangering himself or any other person. The county is hereby directed to expend such funds as may be necessary to provide for such confinement outside the county jail. Specific authority is hereby granted the county sheriff and the county commissioners to enter into a contract with a nursing home or facility as a place of detention. Other departments and agencies of the state may not interfere with nor deter, in any manner, this right to contract.
Added by Laws 1980, c. 324, § 5, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 66, eff. Nov. 1, 1986. Renumbered from § 58.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-203. Conveying females to facility - Female assistants - County expense.

A. Upon receiving an order from a district court to convey a mentally ill, alcohol-dependent, or drug-dependent female to a facility, the sheriff of such county shall procure a suitable female to assist in conveying the female to the facility if the sheriff or deputy who will be conveying the female is male.
B. If a female attendant is not available, a male sheriff or male deputy may convey the mentally ill, alcohol-dependent or drug-dependent female without a female attendant if the sheriff or deputy conveying the female notifies the dispatcher of the specific mileage from the collection point to the destination point, the time of departure and the estimated time of arrival.
C. The sheriff may procure assistance, and certify the same to the county clerk as a part of the expense of the conveyance. No bill for the expense of such conveyance shall be allowed by the commissioners of any county unless it is accompanied by a certificate of the executive director of the facility, showing that the person has been duly conveyed to the facility by, or accompanied by a female attendant or as otherwise authorized by this section.
D. Whenever a female consumer is transferred from one facility to another within the Department of Mental Health and Substance Abuse Services or from a facility within the Department to another facility of like nature elsewhere, the female must be accompanied by a female employee of the Department or a suitable relative of the female consumer.
Added by Laws 1953, p. 172, § 100, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 67, eff. Nov. 1, 1986. Renumbered from § 100 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 180, § 1, emerg. eff. May 9, 1994; Laws 2005, c. 150, § 36, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-209. Additional period of detention - Petition - Order - Notification of interested parties of detention.

A. A person may be detained in emergency detention more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, only if the facility in which the person being detained is presented with a copy of an order of the district court authorizing further detention. Such order may be entered by the court only after a petition has been filed seeking involuntary commitment or treatment pursuant to the provisions of Section 5-410 of this title.
B. If a copy of an order for further detention is not delivered to the facility by the end of the period of emergency detention, the person alleged to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person and a person requiring treatment shall be discharged from the facility in which detained unless said person has applied for voluntary treatment.
C. The person being held in protective custody or emergency detention shall be asked to designate any person whom such person wishes informed regarding the detention. If the person being held in protective custody is incapable of making such designation, the peace officer holding the person in protective custody shall notify within twenty-four (24) hours of taking the person into protective custody, other than the person initiating the request for protective custody, the attorney, parent, spouse, guardian, brother, sister, or child who is at least eighteen (18) years of age of the person. Failure of the sheriff to find such person shall within a reasonable time be reported to the administrator of the facility. Such fact shall be made a part of the records of the facility for the person being detained.
Added by Laws 1988, c. 260, § 7, eff. Nov. 1, 1988. Amended by Laws 1997, c. 387, § 3, eff. Nov. 1, 1997; Laws 1998, c. 144, § 2, emerg. eff. April 22, 1998; Laws 2003, c. 46, § 37, emerg. eff. April 8, 2003; Laws 2010, c. 287, § 27, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-301. Citation.

Sections 5-301 through 5-311 of the Mental Health Law shall be known and may be cited as the "Mental Hospital Voluntary Admission Procedures Act".
Added by Laws 1963, c. 81, § 1, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 69, eff. Nov. 1, 1986. Renumbered from § 551 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-301.1. Person defined.

As used in the Mental Hospital Voluntary Admission Procedures Act, "person" shall include:
1. An individual eighteen (18) years of age or older; or
2. A court-appointed Guardian Ad Litem or an individual given the power of attorney to make medical decisions for the individual.
Added by Laws 1989, c. 23, § 1, eff. Nov. 1, 1989. Amended by Laws 2007, c. 130, § 13, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-302. Informal consumers - Admission.

A. Any person may be admitted to a state mental hospital or state-operated community mental health center or a private mental health hospital or private community mental health center on a voluntary basis as an informal consumer when there are available accommodations and in the judgment of the person in charge of the facility or a designee such person may require treatment therein. Such person may be admitted as an informal consumer without making formal or written application therefor and any such informal consumer shall be free to leave such facility on any day between the hours of 9:00 a.m. and 5:00 p.m. and at such other times as the person in charge of the facility may determine.
B. No person shall be admitted as an informal consumer pursuant to the provisions of this section to any state mental hospital or state-operated community mental health center unless the person in charge of the facility or a designee has informed such consumer in writing of the following:
1. The rules and procedures of the facility relating to the discharge of informal consumers;
2. The legal rights of an informal consumer receiving treatment from the facility; and
3. The types of treatment which are available to the informal consumer at the facility.
Added by Laws 1985, c. 116, § 1, eff. Nov. 1, 1985. Renumbered from § 560 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 39, emerg. eff. May 9, 2005; Laws 2022, c. 297, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-303. Refusal to admit informal consumer - Liability.

The state and its agents do not have a legal duty to admit a person as an informal consumer, and refusal to admit a person as an informal consumer, if made in good faith, shall not give rise to a cause of action by anyone damaged as a result of such refusal.
Added by Laws 1985, c. 116, § 2, eff. Nov. 1, 1985. Renumbered from § 561 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 40, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond.

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules for the reception and retention of voluntary consumers by state facilities.
B. The executive director in charge of any state facility or licensed private hospital for care and treatment of the mentally ill may at his or her discretion receive and retain therein as a consumer:
1. Any person eighteen (18) years of age or over, suitable for care and treatment, who voluntarily makes written application;
2. Any person, suitable for care and treatment at least sixteen (16) years but not over eighteen (18) years of age, with the consent of such person’s parent or guardian.
C. A person received at any facility pursuant to this section shall not be detained for a period exceeding seventy-two (72) hours, excluding weekends and holidays, from and inclusive of the date of notice in writing of his or her intention or desire to leave such hospital or facility.
D. The applicant, or someone on behalf of the applicant, must pay a bond for the cost of care and treatment or pay such cost each month in advance, unless it is determined that the applicant is a poor or indigent person as provided in this title.
Added by Laws 1953, p. 161, § 53, emerg. eff. June 3, 1953. Amended by Laws 1965, c. 265, § 1, emerg. eff. June 23, 1965; Laws 1986, c. 103, § 70, eff. Nov. 1, 1986. Renumbered from § 53 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 97, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 35, eff. Nov. 1, 2002; Laws 2005, c. 150, § 41, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 13, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-305. Application for voluntary admission.

Any person desiring and needing psychiatric treatment in a state facility for the mentally ill as a voluntary consumer may present a written application to the judge of the district court:
1. Of the county in which the person resides; or
2. Of the county in which a state hospital for the mentally ill is located.
Added by Laws 1963, c. 81, § 2, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 71, eff. Nov. 1, 1986. Renumbered from § 552 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 36, eff. Nov. 1, 2002; Laws 2005, c. 150, § 42, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 14, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-306. Certificate of physician.

The application described in Section 5-305 of this title shall be accompanied by a certificate in duplicate signed by a licensed doctor of medicine or osteopathic physician who is duly licensed to practice his such profession by the Oklahoma State Board of Medical Licensure and Supervision or the Oklahoma Board of Osteopathic Examiners, who is not related by blood or marriage to the person being examined, and who has no interest in the estate of the person being examined. This certificate shall include the following:
1. A statement that a physician licensed in this state has personally examined the person;
2. A statement that such physician is not related by blood or marriage to the person being examined and has no interest in the estate of the person being examined;
3. A determination that the person has a mental illness that requires inpatient admission;
4. A statement that the person may not be held at the facility for longer than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, past the time when such person has revoked consent to stay for treatment;
5. Information on the benefits and side effects of the treatment the person will receive in an inpatient setting;
6. Certification that the person has made a knowing and willing consent to voluntary inpatient treatment; and
7. The physician’s signature made under penalty of perjury.
Added by Laws 1963, c. 81, § 3, emerg. eff. May 21, 1963. Renumbered from § 553 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 118, § 3, operative July 1, 1987; Laws 2003, c. 46, § 38, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 43, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 15, eff. Nov. 1, 2008; Laws 2010, c. 287, § 28, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-5-307. Questioning of applicant by judge of the district court - Order.

When the applicant appears in person before the judge of the district court and presents the application and the certificate of the examining doctor of medicine or osteopathic physician, the judge of the district court shall fully question the applicant. If the judge of the district court is satisfied that the applicant fully understands the nature of the application and the consequences which the law will impose in the event applicant is admitted to the hospital as a consumer and that the application is voluntarily made, the judge of the district court shall forthwith make an order authorizing the executive director of the appropriate State Hospital for the mentally ill to admit the applicant as a consumer.
Added by Laws 1963, c. 81, § 4, emerg. eff. May 21, 1963. Renumbered from § 554 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 44, emerg. eff. May 9, 2005.