| Old | New | Differences | |
|---|---|---|---|
| 1 | - | An Act | |
| 2 | - | ENROLLED HOUSE | |
| 1 | + | ||
| 2 | + | ||
| 3 | + | SENATE FLOOR VERSION - HB1071 SFLR Page 1 | |
| 4 | + | (Bold face denotes Committee Amendments) 1 | |
| 5 | + | 2 | |
| 6 | + | 3 | |
| 7 | + | 4 | |
| 8 | + | 5 | |
| 9 | + | 6 | |
| 10 | + | 7 | |
| 11 | + | 8 | |
| 12 | + | 9 | |
| 13 | + | 10 | |
| 14 | + | 11 | |
| 15 | + | 12 | |
| 16 | + | 13 | |
| 17 | + | 14 | |
| 18 | + | 15 | |
| 19 | + | 16 | |
| 20 | + | 17 | |
| 21 | + | 18 | |
| 22 | + | 19 | |
| 23 | + | 20 | |
| 24 | + | 21 | |
| 25 | + | 22 | |
| 26 | + | 23 | |
| 27 | + | 24 | |
| 28 | + | ||
| 29 | + | SENATE FLOOR VERSION | |
| 30 | + | March 29, 2021 | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | ENGROSSED HOUSE | |
| 3 | 34 | BILL NO. 1071 By: Boatman, Dills and Pittman | |
| 4 | 35 | of the House | |
| 5 | 36 | ||
| 6 | 37 | and | |
| 7 | 38 | ||
| 8 | 39 | Stanley of the Senate | |
| 9 | 40 | ||
| 10 | 41 | ||
| 11 | 42 | ||
| 12 | 43 | ||
| 13 | 44 | ||
| 14 | 45 | An Act relating to mental health; amending 43A O.S. | |
| 15 | 46 | 2011, Section 3-415, as last amended by Secti on 1, | |
| 16 | 47 | Chapter 310, O.S.L. 2018 (43A O.S. Supp. 2020, | |
| 17 | 48 | Section 3-415), which relates to certified services | |
| 18 | 49 | for the alcohol- and drug-dependent; providing | |
| 19 | 50 | exemption; and providing an effective date. | |
| 20 | 51 | ||
| 21 | 52 | ||
| 22 | 53 | ||
| 23 | 54 | ||
| 24 | - | SUBJECT: Mental health | |
| 25 | - | ||
| 26 | 55 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: | |
| 27 | - | ||
| 28 | 56 | SECTION 1. AMENDATORY 43A O.S . 2011, Section 3-415, as | |
| 29 | 57 | last amended by Section 1, Chapter 310, O.S.L. 2018 (43A O.S. Supp. | |
| 30 | 58 | 2020, Section 3-415), is amended to read as follows: | |
| 31 | - | ||
| 32 | 59 | Section 3-415. A. 1. The Board of Mental Heal th and Substance | |
| 33 | 60 | Abuse Services shall promulgate rules and st andards for | |
| 34 | 61 | certification for private facilities and organizations which provide | |
| 35 | 62 | treatment, counseling, recovery and rehabilitation services directed | |
| 36 | 63 | toward alcohol- and drug-dependent persons. These facilities and | |
| 37 | 64 | organizations shall be known as "Certifi ed Services for the Alcohol - | |
| 38 | 65 | and Drug-Dependent". Only certified facilities may receive and | |
| 66 | + | ||
| 67 | + | SENATE FLOOR VERSION - HB1071 SFLR Page 2 | |
| 68 | + | (Bold face denotes Committee Amendments) 1 | |
| 69 | + | 2 | |
| 70 | + | 3 | |
| 71 | + | 4 | |
| 72 | + | 5 | |
| 73 | + | 6 | |
| 74 | + | 7 | |
| 75 | + | 8 | |
| 76 | + | 9 | |
| 77 | + | 10 | |
| 78 | + | 11 | |
| 79 | + | 12 | |
| 80 | + | 13 | |
| 81 | + | 14 | |
| 82 | + | 15 | |
| 83 | + | 16 | |
| 84 | + | 17 | |
| 85 | + | 18 | |
| 86 | + | 19 | |
| 87 | + | 20 | |
| 88 | + | 21 | |
| 89 | + | 22 | |
| 90 | + | 23 | |
| 91 | + | 24 | |
| 92 | + | ||
| 39 | 93 | assist alcohol- and drug-dependent persons by providing treatment, | |
| 40 | 94 | recovery support and rehabilitation . | |
| 41 | - | ||
| 42 | 95 | 2. Any person violating the requirement that only certifie d | |
| 43 | 96 | facilities may receive and assist alcohol - and drug-dependent | |
| 44 | 97 | persons by providing treatment to alcohol - and drug-dependent | |
| 45 | 98 | persons, upon conviction, shall be guilty of a misdemeanor. Except | |
| 46 | - | as otherwise provided in | |
| 99 | + | as otherwise provided in this section, no substance abuse trea tment | |
| 47 | 100 | program shall operate or continue to operate unless the facility | |
| 48 | 101 | complies with the rules promulgated by the Board and is certified as | |
| 49 | 102 | required by this section. | |
| 50 | - | ||
| 51 | 103 | B. Applications for certific ation as a certified service for | |
| 52 | 104 | the alcohol- and drug-dependent person pursuant to the provisions of | |
| 53 | 105 | this section shall be made to the Department of Mental Health and | |
| 54 | 106 | Substance Abuse Services on prescribed forms. | |
| 55 | - | ||
| 56 | 107 | C. The Board, or the Commissioner of Ment al Health and | |
| 57 | 108 | Substance Abuse Services upon delegation by the Board, may certify | |
| 58 | 109 | the facility for a period of not more than thirty -six (36) months | |
| 59 | 110 | subject to renewal as provided. | |
| 60 | - | ||
| 61 | 111 | D. The Board, or the Commissioner of Mental Health and | |
| 62 | 112 | Substance Abuse Servi ces upon delegation by the Board, may postpone, | |
| 63 | 113 | deny renewal of, revoke, or suspend the certification of the | |
| 64 | 114 | facility for failure to comply with rules and standards promulgated | |
| 65 | 115 | by the Board. | |
| 66 | 116 | ||
| 117 | + | SENATE FLOOR VERSION - HB1071 SFLR Page 3 | |
| 118 | + | (Bold face denotes Committee Amendments) 1 | |
| 119 | + | 2 | |
| 120 | + | 3 | |
| 121 | + | 4 | |
| 122 | + | 5 | |
| 123 | + | 6 | |
| 124 | + | 7 | |
| 125 | + | 8 | |
| 126 | + | 9 | |
| 127 | + | 10 | |
| 128 | + | 11 | |
| 129 | + | 12 | |
| 130 | + | 13 | |
| 131 | + | 14 | |
| 132 | + | 15 | |
| 133 | + | 16 | |
| 134 | + | 17 | |
| 135 | + | 18 | |
| 136 | + | 19 | |
| 137 | + | 20 | |
| 138 | + | 21 | |
| 139 | + | 22 | |
| 140 | + | 23 | |
| 141 | + | 24 | |
| 142 | + | ||
| 67 | 143 | E. The following are exempt from the provisions of the Oklahoma | |
| 68 | 144 | Alcohol and Drug Abuse Services Act: | |
| 69 | - | ||
| 70 | 145 | 1. Individual persons i n private practice as licensed | |
| 71 | 146 | physicians, licensed psychologists, licensed social workers, | |
| 72 | 147 | registered nurses, licensed professional counselors, licensed | |
| 73 | 148 | marriage and family therapists, licensed behavioral practitioners, | |
| 74 | 149 | individual members of the clergy, l icensed alcohol or drug abuse | |
| 75 | 150 | counselors and certified alcohol or drug abuse counselors. The | |
| 76 | 151 | exemption shall apply only to individual professional persons in | |
| 77 | 152 | their private practice and not to an y treatment facility operated by | |
| 78 | 153 | the person; | |
| 79 | - | ||
| 80 | 154 | 2. Properly licensed hospitals, psychiatric and medical | |
| 81 | 155 | surgical facilities; | |
| 82 | - | ||
| 83 | 156 | 3. Programs or facilities operated by a state agency; | |
| 84 | - | ||
| 85 | 157 | 4. Programs conducted and facilities operated by Alcoholics | |
| 86 | 158 | Anonymous; | |
| 87 | - | ||
| 88 | 159 | 5. Programs conducted and facilities operated by the Salvation | |
| 89 | 160 | Army; | |
| 90 | - | ||
| 91 | - | 6. Faith-based, nonresidential recovery programs; ENR. H. B. NO. 1071 Page 3 | |
| 92 | - | ||
| 161 | + | 6. Faith-based, nonresidential recovery programs; | |
| 93 | 162 | 7. Residential recovery -based programs with a resident capacity | |
| 94 | 163 | of less than twelve; or | |
| 95 | - | ||
| 96 | 164 | 8. Residential recovery and recovery support progra ms that are | |
| 97 | 165 | not collocated with certified treatment programs. However, the | |
| 98 | 166 | Department of Mental Health and Substance Abuse Services shall offer | |
| 167 | + | ||
| 168 | + | SENATE FLOOR VERSION - HB1071 SFLR Page 4 | |
| 169 | + | (Bold face denotes Committee Amendments) 1 | |
| 170 | + | 2 | |
| 171 | + | 3 | |
| 172 | + | 4 | |
| 173 | + | 5 | |
| 174 | + | 6 | |
| 175 | + | 7 | |
| 176 | + | 8 | |
| 177 | + | 9 | |
| 178 | + | 10 | |
| 179 | + | 11 | |
| 180 | + | 12 | |
| 181 | + | 13 | |
| 182 | + | 14 | |
| 183 | + | 15 | |
| 184 | + | 16 | |
| 185 | + | 17 | |
| 186 | + | 18 | |
| 187 | + | 19 | |
| 188 | + | 20 | |
| 189 | + | 21 | |
| 190 | + | 22 | |
| 191 | + | 23 | |
| 192 | + | 24 | |
| 193 | + | ||
| 99 | 194 | voluntary certification for those resident recovery and recovery | |
| 100 | 195 | support programs that are not collocated with certified treatment | |
| 101 | 196 | programs that desire Department certifica tion; or | |
| 102 | - | ||
| 103 | 197 | 9. Services provided by a health center as defined in the | |
| 104 | 198 | Public Health Service Act, 42 U.S.C., Section 254b , except for | |
| 105 | 199 | services listed in Levels 2.1 through 4 of the Levels of Care | |
| 106 | 200 | described in the American Society of Addiction Medicine Criteri a. | |
| 107 | - | ||
| 108 | 201 | F. Certified services for the alcohol - or drug-dependent person | |
| 109 | 202 | shall comply with standards adopted by the Board. Such standards | |
| 110 | 203 | shall require that treatment and therapeutic methods shall be in | |
| 111 | 204 | compliance with: | |
| 112 | - | ||
| 113 | 205 | 1. The Joint Commission on Accreditatio n of Healthcare | |
| 114 | 206 | Organizations; | |
| 115 | - | ||
| 116 | 207 | 2. The Commission on Accreditation of Rehabilitation | |
| 117 | 208 | Facilities; | |
| 118 | - | ||
| 119 | 209 | 3. The Council on Accreditation (COA); or | |
| 120 | - | ||
| 121 | 210 | 4. Approved medical and professional standards as dete rmined by | |
| 122 | 211 | the Board. | |
| 123 | - | ||
| 124 | 212 | G. Any facility or organization certifi ed to provide certified | |
| 125 | 213 | services shall cooperate with inspection personnel of the state and | |
| 126 | 214 | shall promptly file all reports required by the Board. | |
| 127 | - | ||
| 128 | 215 | H. All claims by and accomplishments publicized by any | |
| 129 | 216 | applicant for certification or any certified alcohol - or drug- | |
| 217 | + | ||
| 218 | + | SENATE FLOOR VERSION - HB1071 SFLR Page 5 | |
| 219 | + | (Bold face denotes Committee Amendments) 1 | |
| 220 | + | 2 | |
| 221 | + | 3 | |
| 222 | + | 4 | |
| 223 | + | 5 | |
| 224 | + | 6 | |
| 225 | + | 7 | |
| 226 | + | 8 | |
| 227 | + | 9 | |
| 228 | + | 10 | |
| 229 | + | 11 | |
| 230 | + | 12 | |
| 231 | + | 13 | |
| 232 | + | 14 | |
| 233 | + | 15 | |
| 234 | + | 16 | |
| 235 | + | 17 | |
| 236 | + | 18 | |
| 237 | + | 19 | |
| 238 | + | 20 | |
| 239 | + | 21 | |
| 240 | + | 22 | |
| 241 | + | 23 | |
| 242 | + | 24 | |
| 243 | + | ||
| 130 | 244 | dependent organization, including but not limited to consumer count | |
| 131 | 245 | and success rates, shall be documented and verifiable by the Board. | |
| 132 | - | ||
| 133 | 246 | I. The Department of Mental Health and Substance Abuse Services | |
| 134 | 247 | is authorized to establish and collect certifi cation and renewal | |
| 135 | 248 | fees for certification of private facilities and organizations which | |
| 136 | - | provide treatment, counseling and rehabilitation services directed | |
| 249 | + | provide treatment, counseling and rehabilitation services directed | |
| 137 | 250 | toward alcohol- and drug-dependent persons, as provided in Section | |
| 138 | 251 | 3-324 of this title. | |
| 139 | - | ||
| 140 | 252 | J. Any materials or information received by the Department from | |
| 141 | 253 | an applicant regarding the applicant's financial status shall not be | |
| 142 | 254 | construed to be open records pursuant to the Oklahoma Open Records | |
| 143 | 255 | Act. | |
| 144 | - | ||
| 145 | - | SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 1071 Page 5 | |
| 146 | - | Passed the House of Representatives the 2nd day of March, 2021. | |
| 147 | - | ||
| 148 | - | ||
| 149 | - | ||
| 150 | - | ||
| 151 | - | Presiding Officer of the House | |
| 152 | - | of Representatives | |
| 153 | - | ||
| 154 | - | ||
| 155 | - | Passed the Senate the 12th day of April, 2021. | |
| 156 | - | ||
| 157 | - | ||
| 158 | - | ||
| 159 | - | ||
| 160 | - | Presiding Officer of the Senate | |
| 161 | - | ||
| 162 | - | ||
| 163 | - | OFFICE OF THE GOVERNOR | |
| 164 | - | Received by the Office of the Governor this ____________________ | |
| 165 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 166 | - | By: _________________________________ | |
| 167 | - | Approved by the Governor of the St ate of Oklahoma this _________ | |
| 168 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 169 | - | ||
| 170 | - | ||
| 171 | - | _________________________________ | |
| 172 | - | Governor of the State of Oklahoma | |
| 173 | - | ||
| 174 | - | OFFICE OF THE SECRETARY OF STATE | |
| 175 | - | Received by the Office of the Secretary of State t his __________ | |
| 176 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 177 | - | By: _________________________________ | |
| 178 | - | ||
| 256 | + | SECTION 2. This act shall become effective Nov ember 1, 2021. | |
| 257 | + | COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |
| 258 | + | March 29, 2021 - DO PASS |