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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1637 By: Randleman and Boatman of
the House
and
Quinn of the Senate
AS INTRODUCED
An Act relating to mental health; amending 43A O.S.
2011, Sections 3-306, 3-310, and 3-317, as amended by
Section 2, Chapter 213, O.S.L. 2013 (43A O.S. Supp.
2020, Section 3-317), which relate to the Department
of Mental Health and Substance Abuse Services;
limiting authority; modifying req uirement; modifying
definition; 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 -306, is
amended to read as follows:
Section 3-306. A. The Board of Mental Health and Substance
Abuse Services shall have the responsibility and authority to:
1. Promulgate rules governing eligibility of public agencies or
mental health facilities to contract with the Department of Mental
Health and Substance Abuse Services;
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2. Prescribe standards for qualifications of personnel and
quality of professional services;
3. Ensure eligibility for community mental health services so
that no person will be denied services on the basis of race, color
or creed or inability to pay; and
4. Promulgate such other rules as may be necessary to carry out
the provisions of the Unified Community Mental Health Services Act.
B. The Department shall have the following responsibilities and
authority to:
1. Provide technical assistance to community mental health
facilities and boards;
2. Provide clinical, fiscal and management audit of services
and facilities;
3. Approve and compile catchment area plans and budget requests
into a statewide mental health plan and budget for s ubmission to the
Governor, Legislature and federal funding sources as appropriate;
and
4. Assist mental health facilities in the recruitment of
qualified personnel and in conducting in -service training programs.
C. The Department shall not have the autho rity to limit the
number of certified community mental health centers in each service
area.
SECTION 2. AMENDATORY 43A O.S. 2011, Section 3 -310, is
amended to read as follows:
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Section 3-310. Any nonprofit private agency providing services
pursuant to a contract or subcontract with the Department of Mental
Health and Substance Abuse Services, the Board of Mental Health and
Substance Abuse Services or any facility of the Department of Mental
Health and Substance Abuse Services and re ceiving funds disbursed
thereof shall submit information on operating budgets and employee
salaries and benefits to the Department of Mental Health and
Substance Abuse Services.
SECTION 3. AMENDATORY 43A O.S. 2011, Section 3 -317, as
amended by Section 2, Chapter 213, O.S.L. 2013 (43A O.S. Supp. 2020,
Section 3-317), is amended to read as follows:
Section 3-317. 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
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health center, comprehensive community addiction recovery center,
private agency contracted by the Department of Mental Health and
Substance Abuse Services, 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.
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SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/24/2021 -
DO PASS, As Coauthored.