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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1071 By: Boatman of the House
and
Stanley of the Senate
AS INTRODUCED
An Act relating to mental health; amending 43A O.S.
2011, Section 3-415, as last amended by Section 1,
Chapter 310, O.S.L. 2018 (43A O.S. Supp. 2020,
Section 3-415), which relates to certified services
for the alcohol- and drug-dependent; providing
exemption; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2011, Section 3 -415, as
last amended by Section 1, Chapter 310, O.S.L. 2018 (43A O.S. Supp.
2020, Section 3-415), is amended to read as follows:
Section 3-415. A. 1. The Board of Mental Health and Substance
Abuse Services shall promulgate rules and standards for
certification for private facilities and organizations which provide
treatment, counseling, recovery and rehabilitation services direc ted
toward alcohol- and drug-dependent persons. These facilities and
organizations shall be known as "Certified Services for the Alcohol -
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and Drug-Dependent". Only certified facilities may receive and
assist alcohol- and drug-dependent persons by providi ng treatment,
recovery support and rehabilitation.
2. Any person violating the requirement that only certified
facilities may receive and assist alcohol - and drug-dependent
persons by providing treatment to alcohol - and drug-dependent
persons, upon convic tion, shall be guilty of a misdemeanor. Except
as otherwise provided in this section, no substance abuse 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.
B. Applications for certification as a certified service for
the alcohol- and drug-dependent person pursuant to the provisions of
this section shall be made to the Department of Mental Health and
Substance Abuse Services on prescribed forms.
C. The Board, or the Commissioner of Mental Health and
Substance Abuse Services upon delegation by the Board, may certify
the facility for a period of not more than thirty -six (36) months
subject to renewal as provided.
D. The Board, or the Commissioner of Mental Health and
Substance Abuse Services upon delegation by the Board, may postpone,
deny renewal of, revoke, or suspend the certification of the
facility for failure to comply with rules and standards promulgated
by the Board.
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E. The following are exempt from the provisions of the Oklahoma
Alcohol and Drug Abuse Services Act:
1. Individual persons in private practice as licensed
physicians, licensed psychologists, licensed social workers,
registered nurses, licensed professional counselors, l icensed
marriage and family therapists, licensed behavioral practitioners,
individual members of the clergy, licensed alcohol or drug abuse
counselors and certified alcohol or drug abuse counselors. The
exemption shall apply only to individual professiona l persons in
their private practice and not to any treatment facility operated by
the person;
2. Properly licensed hospitals, psychiatric and medical
surgical facilities;
3. Programs or facilities operated by a state agency;
4. Programs conducted and fa cilities operated by Alcoholics
Anonymous;
5. Programs conducted and facilities operated by the Salvation
Army;
6. Faith-based, nonresidential recovery programs;
7. Residential recovery -based programs with a resident capacity
of less than twelve; or
8. Residential recovery and recovery support programs that are
not collocated with certified treatment programs. However, the
Department of Mental Health and Substance Abuse Services shall offer
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voluntary certification for those resident recovery and recove ry
support programs that are not collocated with certified treatment
programs that desire Department certification ; or
9. Services provided by a health center as defined in the
Public Health Service Act, 42 U.S.C., Section 254b , except for
services listed in Levels 2.1 through 4 of the Levels of Care
described in the American Society of Addiction Medicine Criteria .
F. Certified services for the alcohol - or drug-dependent person
shall comply with standards adopted by the Board. Such standards
shall require that treatment and therapeutic methods 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.
G. Any facility or organization certified to provide certified
services shall cooperate with inspection personnel of the state and
shall promptly file all reports required by the Board.
H. All claims by and accomplishments publicized by any
applicant for certification or any certified alcohol - or drug-
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dependent organization, including but not limited to consumer count
and success rates, shall be documented and verifiable by the Board.
I. The Department of Mental Health and Substance Abuse Services
is authorized to establish and collect certification and renewal
fees for certification of private facilities and organizations which
provide treatment, counseling and rehabilitation services directed
toward alcohol- and drug-dependent persons, as provided in Section
3-324 of this title.
J. Any materials or information received by the Department from
an applicant regarding the applicant's financial status shall not be
construed to be open reco rds pursuant to the Oklahoma Open Records
Act.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/24/2021 -
DO PASS, As Coauthored.