Oklahoma 2022 Regular Session

Oklahoma House Bill HB1637 Compare Versions

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3		-	HB1637 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
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35		-	HOUSE BILL 1637 By: Randleman and Boatman of
36		-	the House
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38		-	and
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40		-	Quinn of the Senate
	32	+	HOUSE BILL 1637 By: Randleman
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46	38		AS INTRODUCED
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48	40		An Act relating to mental health; amending 43A O.S.
49	41		2011, Sections 3-306, 3-310, and 3-317, as amended by
50	42		Section 2, Chapter 213, O.S. L. 2013 (43A O.S. Supp.
51	43		2020, Section 3-317), which relate to the Department
52	44		of Mental Health and Substance Abuse Services;
53	45		limiting authority; modifying requirement; modifying
54	46		definition; and providing an effective date .
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59	52		BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
60	53		SECTION 1. AMENDATORY 43A O.S. 2011, Section 3 -306, is
61	54		amended to read as follows:
62	55		Section 3-306. A. The Board of Mental Health and Substance
63	56		Abuse Services shall have the responsibility and autho rity to:
64	57		1. Promulgate rules governing eligibility of public agencies or
65	58		mental health facilities to contract with the Department of Mental
66	59		Health and Substance Abuse Services;
	60	+	2. Prescribe standards for qualifications of personnel and
	61	+	quality of professional services;
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68		-	HB1637 HFLR Page 2
69		-	BOLD FACE denotes Committee Amen dments. 1
	63	+	Req. No. 7154 Page 2 1
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94		-	2. Prescribe standards for qualifications of personnel and
95		-	quality of professional services;
96	88		3. Ensure eligibility for community mental health services so
97	89		that no person will be denied services on the basis of race, color
98	90		or creed or inability to pay; and
99	91		4. Promulgate such other rules as may be necessary to carry out
100	92		the provisions of the Unified Community Mental Health Services Act.
101	93		B. The Department shall have the following responsibilities and
102	94		authority to:
103	95		1. Provide technical assistance to community mental health
104	96		facilities and boards;
105	97		2. Provide clinical, fiscal and mana gement audit of services
106	98		and facilities;
107	99		3. Approve and compile catchment area plans and budget requests
108	100		into a statewide mental health plan and budget for submission to the
109	101		Governor, Legislature and federal funding sources as appropriate;
110	102		and
111	103		4. Assist mental health facilities in the recruitment of
112	104		qualified personnel and in conducting in -service training programs.
113	105		C. The Department shall not have the authority to limit the
114	106		number of certified community mental health centers in each service
115	107		area.
116	108		SECTION 2. AMENDATORY 43A O.S. 2011, Section 3 -310, is
117	109		amended to read as follows:
	110	+	Section 3-310. Any nonprofit private agency providing services
	111	+	pursuant to a contract or subcontract with the Department of Mental
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145		-	Section 3-310. Any nonprofit private agency providing services
146		-	pursuant to a contract or subcontract with the Department of Mental
147	138		Health and Substance Abuse Services, the Board of Mental Health and
148	139		Substance Abuse Services or any facility of the Department of Mental
149	140		Health and Substance Abuse Services and receiving funds disbursed
150	141		thereof shall submit information on operating budgets and employee
151	142		salaries and benefits to the Department of Mental Health and
152	143		Substance Abuse Services.
153	144		SECTION 3. AMENDATORY 43A O.S. 2011, Section 3 -317, as
154	145		amended by Section 2, Chapter 213, O.S.L. 2013 (43A O.S. Supp. 2020,
155	146		Section 3-317), is amended to read as follows:
156	147		Section 3-317. A. The Board of Mental Health and Substance
157	148		Abuse Services, or the Commissioner of Mental Health and Substance
158	149		Abuse Services upon delegation by the Board, shall certify
159	150		community-based structured crisis centers for th e provision of
160	151		nonhospital emergency services for mental health and substance abuse
161	152		crisis intervention. The Board shall promulgate rules for the
162	153		certification of community -based structured crisis centers.
163	154		B. No community-based structured crisis center s hall operate or
164	155		continue to operate unless the facility complies with the rules
165	156		promulgated by the Board and is certified as required by this
166	157		section.
167	158		C. For the purposes of this section, "community-based
168	159		structured crisis center " means any certified comm unity mental
	160	+	health center, comprehensive community addiction recovery center,
	161	+	private agency contracted by the Department of Mental Health and
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170		-	HB1637 HFLR Page 4
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196		-	health center, comprehensive community addiction recovery center,
197		-	private agency contracted by the Department of Mental Health and
198	188		Substance Abuse Services, or facility operated by the Department
199	189		which is established and maintained for the pur pose of providing
200	190		community-based mental health and substance abuse crisis
201	191		stabilization services including, but not limited to, observation,
202	192		evaluation, emergency treatment and referral, when necessary, for
203	193		inpatient psychiatric or substance abuse treatme nt services.
204	194		D. The Department of Mental Health and Substance Abuse Services
205	195		is authorized to establish and collect certification and renewal
206	196		fees for certification of community -based structured crisis centers
207	197		as provided in Section 3 -324 of this title.
208	198		E. Certified community -based structured crisis centers shall
209	199		comply with standards adopted by the Board. Such standards shall be
210	200		in compliance with:
211	201		1. The Joint Commission on Accreditation of Healthcare
212	202		Organizations;
213	203		2. The Commission on Accreditation of Rehabilitation
214	204		Facilities;
215	205		3. The Council on Accreditation (COA); or
216	206		4. Approved medical and professional standards as determined by
217	207		the Board.
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245	208		SECTION 4. This act shall become effective November 1, 2021.
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247		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/24/2021 -
248		-	DO PASS, As Coauthored.
	210	+	58-1-7154 CMA 01/13/21