| 39 | 46 | | |
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| 40 | 47 | | An Act relating to mental health; amending 43A O.S. |
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| 41 | 48 | | 2011, Section 1-103, as last amended by Section 29, |
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| 42 | 49 | | Chapter 475, O.S.L. 2019 (43A O.S. Supp. 2020, |
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| 43 | 50 | | Section 1-103), which relates to the Mental Health |
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| 44 | 51 | | Law; providing definition; and providing an effective |
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| 45 | 52 | | date. |
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| 46 | 53 | | |
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| 47 | 54 | | |
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| 48 | 55 | | |
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| 49 | 56 | | |
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| 50 | 57 | | BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA: |
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| 51 | 58 | | SECTION 1. AMENDATORY 43A O.S. 2011, Section 1 -103, as |
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| 52 | 59 | | last amended by Section 29, Chapter 475, O.S.L. 2019 (43A O.S. Supp. |
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| 53 | 60 | | 2020, Section 1-103), is amended to read as follows: |
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| 54 | 61 | | Section 1-103. When used in this title, unless otherwise |
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| 55 | 62 | | expressly stated, or unless the context or subject matter otherwise |
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| 56 | 63 | | requires: |
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| 57 | 64 | | 1. "Department" means the Department of Mental Health and |
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| 58 | 65 | | Substance Abuse Services; |
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| 89 | 97 | | significantly impairs judgment, behavior, capacity to recognize |
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| 90 | 98 | | reality or ability to meet the ordinary demands of life; |
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| 91 | 99 | | 4. "Board" means the Board of Mental Health and Substance Abuse |
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| 92 | 100 | | Services as established by the Mental Health Law; |
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| 93 | 101 | | 5. "Commissioner" means the individual selected and appointed |
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| 94 | 102 | | by the Board to serve as Commissioner of Mental Health and Substance |
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| 95 | 103 | | Abuse Services; |
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| 96 | 104 | | 6. "Indigent person" means a person who has not sufficient |
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| 97 | 105 | | assets or resources to support the person and to support members of |
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| 98 | 106 | | the family of the person lawfully dependent on the person for |
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| 99 | 107 | | support; |
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| 100 | 108 | | 7. "Facility" means any hospital, school, building, house or |
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| 101 | 109 | | retreat, authorized by law to have the care, treatment or custody of |
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| 102 | 110 | | an individual with mental illness, or drug or alcohol dependency, |
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| 103 | 111 | | gambling addiction, eating disorders, an opioid substitution |
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| 104 | 112 | | treatment program, including, but not lim ited to, public or private |
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| 105 | 113 | | hospitals, community mental health centers, clinics, satellites or |
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| 106 | 114 | | facilities; provided, that facility shall not mean a child guidance |
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| 107 | 115 | | center operated by the State Department of Health; |
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| 137 | 146 | | 9. "Care and treatment" means medical care and behavioral |
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| 138 | 147 | | health services, as well as food, clothing and maintenance, |
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| 139 | 148 | | furnished to a person; |
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| 140 | 149 | | 10. Whenever in this law or in any other law, or in any rule or |
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| 141 | 150 | | order made or promulgated pursuant to this law or to any other law, |
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| 142 | 151 | | or in the printed forms prepared for the admission of consumers or |
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| 143 | 152 | | for statistical reports, the words "insane", "insanity", "lunacy", |
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| 144 | 153 | | "mentally sick", "mental disease" or "mental disorder" are used, |
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| 145 | 154 | | such terms shall have equal significance to the words "mental |
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| 146 | 155 | | illness"; |
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| 147 | 156 | | 11. "Licensed mental health professional " means: |
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| 148 | 157 | | a. a psychiatrist who is a diplomate of the American |
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| 149 | 158 | | Board of Psychiatry and Neurolo gy, |
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| 150 | 159 | | b. a psychiatrist who is a diplomate of the American |
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| 151 | 160 | | Osteopathic Board of Neurology and Psychiatry, |
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| 152 | 161 | | c. a physician licensed pursuant to the Oklahoma |
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| 153 | 162 | | Allopathic Medical and Surgical Licensure and |
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| 154 | 163 | | Supervision Act or the Oklahoma Osteopathic Medicine |
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| 155 | 164 | | Act, |
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| 187 | 197 | | f. a person licensed as a clinical social worker pursu ant |
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| 188 | 198 | | to the provisions of the Social Worker 's Licensing |
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| 189 | 199 | | Act, |
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| 190 | 200 | | g. a licensed marital and family therapist as defined in |
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| 191 | 201 | | the Marital and Family Therapist Licensure Act, |
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| 192 | 202 | | h. a licensed behavioral practitioner as defined in the |
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| 193 | 203 | | Licensed Behavioral Practitioner Ac t, |
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| 194 | 204 | | i. an advanced practice nurse as defined in the Oklahoma |
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| 195 | 205 | | Nursing Practice Act, |
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| 196 | 206 | | j. a physician's assistant who is licensed in good |
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| 197 | 207 | | standing in this state, or |
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| 198 | 208 | | k. a licensed drug and alcohol counselor/mental health |
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| 199 | 209 | | (LADC/MH) as defined in the Licensed Alco hol and Drug |
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| 200 | 210 | | Counselors Act; |
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| 201 | 211 | | 12. "Mentally incompetent person " means any person who has been |
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| 202 | 212 | | adjudicated mentally or legally incompetent by an appropriate |
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| 203 | 213 | | district court; |
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| 237 | 248 | | (2) poses a substantial risk of i mmediate physical |
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| 238 | 249 | | harm to another person or persons as manifested |
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| 239 | 250 | | by evidence of violent behavior directed toward |
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| 240 | 251 | | another person or persons, |
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| 241 | 252 | | (3) has placed another person or persons in a |
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| 242 | 253 | | reasonable fear of violent behavior directed |
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| 243 | 254 | | towards such person or p ersons or serious |
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| 244 | 255 | | physical harm to them as manifested by serious |
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| 245 | 256 | | and immediate threats, |
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| 246 | 257 | | (4) is in a condition of severe deterioration such |
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| 247 | 258 | | that, without immediate intervention, there |
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| 248 | 259 | | exists a substantial risk that severe impairment |
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| 249 | 260 | | or injury will result to the person, or |
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| 250 | 261 | | (5) poses a substantial risk of immediate serious |
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| 251 | 262 | | physical injury to self or death as manifested by |
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| 252 | 263 | | evidence that the person is unable to provide for |
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| 287 | 299 | | c. Unless a person also meets the criteria established in |
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| 288 | 300 | | subparagraph a or b of this paragraph, "person |
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| 289 | 301 | | requiring treatment" or an "assisted outpatient" shall |
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| 290 | 302 | | not mean: |
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| 291 | 303 | | (1) a person whose mental processes have been |
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| 292 | 304 | | weakened or impaired by rea son of advanced years, |
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| 293 | 305 | | dementia, or Alzheimer 's disease, |
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| 294 | 306 | | (2) a person with intellectual or developmental |
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| 295 | 307 | | disability as defined in Title 10 of the Oklahoma |
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| 296 | 308 | | Statutes, |
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| 297 | 309 | | (3) a person with seizure disorder, |
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| 298 | 310 | | (4) a person with a traumatic brain injury, or |
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| 299 | 311 | | (5) a person who is homeless. |
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| 300 | 312 | | d. A person who meets the criteria established in this |
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| 301 | 313 | | section but who is medically unstable, or the facility |
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| 302 | 314 | | holding the person is unable to treat the additional |
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| 337 | 350 | | 16. "Private hospital or facility " means any general hospital |
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| 338 | 351 | | maintaining a neuro-psychiatric unit or ward, or any private |
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| 339 | 352 | | hospital or facility for care and treatment of a person having a |
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| 340 | 353 | | mental illness, which is not supported by the state or federal |
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| 341 | 354 | | government. The term "private hospital" or "facility" shall not |
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| 342 | 355 | | include nursing homes or other facilities maintained primarily for |
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| 343 | 356 | | the care of elderly and disabled persons; |
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| 344 | 357 | | 17. "Individualized treatment plan " means a proposal dev eloped |
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| 345 | 358 | | during the stay of an individual in a facility, under the provisions |
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| 346 | 359 | | of this title, which is specifically tailored to the treatment needs |
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| 347 | 360 | | of the individual. Each plan shall clearly include the following: |
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| 348 | 361 | | a. a statement of treatment goals or objecti ves, based |
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| 349 | 362 | | upon and related to a clinical evaluation, which can |
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| 350 | 363 | | be reasonably achieved within a designated time |
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| 351 | 364 | | interval, |
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| 352 | | - | b. treatment methods and procedures to be used to obtain |
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| 353 | | - | these goals, which methods and procedures are related |
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| 354 | | - | to each of these goals and which include specific |
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| 355 | | - | prognosis for achieving each of these goals, |
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| 356 | | - | c. identification of the types of professional per sonnel |
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| 357 | | - | who will carry out the treatment procedures, including |
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| 358 | | - | appropriate medical or other professional involvement |
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| 359 | | - | by a physician or other health professional properly |
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| 392 | + | b. treatment methods and procedures to be used to obtain |
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| 393 | + | these goals, which methods and procedures are related |
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| 394 | + | to each of these goals and which include specific |
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| 395 | + | prognosis for achieving each of these goals, |
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| 396 | + | c. identification of the types of professional personnel |
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| 397 | + | who will carry out the treatment procedures, including |
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| 398 | + | appropriate medical or other professional involvement |
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| 399 | + | by a physician or other health professional properly |
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| 386 | 400 | | qualified to fulfill legal requirements mandated under |
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| 387 | 401 | | state and federal law, |
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| 388 | 402 | | d. documentation of involvement by the individual |
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| 389 | 403 | | receiving treatment and, if applicable, the accordance |
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| 390 | 404 | | of the individual with the treatment p lan, and |
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| 391 | 405 | | e. a statement attesting that the executive director of |
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| 392 | 406 | | the facility or clinical director has made a |
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| 393 | 407 | | reasonable effort to meet the plan 's individualized |
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| 394 | 408 | | treatment goals in the least restrictive environment |
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| 395 | 409 | | possible closest to the home community of the |
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| 396 | 410 | | individual; |
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| 397 | 411 | | 18. "Substance abuse records " referenced in this title shall |
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| 398 | 412 | | mean medical records governed by 42 U.S.C. , Section 290dd-2 and not |
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| 399 | 413 | | any other records; |
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| 400 | 414 | | 19. "Telemedicine" means the practice of health care delivery, |
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| 401 | 415 | | diagnosis, consultation, e valuation, treatment, transfer of medical |
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| 435 | 450 | | 19. 20. "Recovery and recovery support " means nonclinical |
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| 436 | 451 | | services that assist individuals and families to recover from |
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| 437 | 452 | | alcohol or drug problems. They include social support, linkage to |
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| 438 | 453 | | and coordination among allied service providers, including but not |
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| 439 | 454 | | limited to transportation to and from treatment or employment, |
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| 440 | 455 | | employment services and job training, case management and individual |
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| 441 | 456 | | services coordination, life skills education, relapse prevention, |
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| 442 | 457 | | housing assistance, child care, and substance abuse education; |
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| 443 | 458 | | 20. 21. "Assisted outpatient" means a person who: |
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| 444 | 459 | | a. is either currently under the care of a facility |
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| 445 | 460 | | certified by the Department of Mental Health and |
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| 446 | 461 | | Substance Abuse Services as a Community Mental Health |
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| 447 | 462 | | Center, or is being discharged from the custody of the |
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| 448 | 463 | | Oklahoma Department of Corrections, or is being |
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| 449 | 464 | | discharged from a residential placement by the Office |
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| 450 | 465 | | of Juvenile Affairs, |
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| 451 | 466 | | b. is suffering from a mental illness, |
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| 485 | 501 | | hospitalization or treatment in a hospital or |
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| 486 | 502 | | residential facility, including admiss ion to a |
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| 487 | 503 | | community-based structured crisis center as |
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| 488 | 504 | | certified by the Oklahoma Department of Mental |
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| 489 | 505 | | Health and Substance Abuse Services, or receipt |
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| 490 | 506 | | of services in a forensic or other mental health |
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| 491 | 507 | | unit of a correctional facility, or a specialized |
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| 492 | 508 | | treatment plan for treatment of mental illness in |
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| 493 | 509 | | a secure juvenile facility or placement in a |
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| 494 | 510 | | specialized residential program for juveniles, or |
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| 495 | 511 | | (2) prior to the filing of the petition, resulted in |
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| 496 | 512 | | one or more acts of serious violent behavior |
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| 497 | 513 | | toward self or others or threats of, or attempts |
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| 498 | 514 | | at, serious physical harm to self or others |
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| 499 | 515 | | within the last twenty -four (24) months, |
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| 500 | 516 | | e. is, as a result of his or her mental illness, unlikely |
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| 501 | 517 | | to voluntarily participate in outpatient treatment |
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| 535 | 552 | | g. is likely to benefit from assisted outpatient |
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| 536 | 553 | | treatment; and |
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| 537 | 554 | | 21. 22. "Assisted outpatient treatment " means outpatient |
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| 538 | 555 | | services which have been ordered by the court pursuant to a |
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| 539 | 556 | | treatment plan approved by the court to tr eat an assisted |
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| 540 | 557 | | outpatient's mental illness and to assist the person in living and |
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| 541 | 558 | | functioning in the community, or to attempt to prevent a relapse or |
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| 542 | 559 | | deterioration that may reasonably be predicted to result in suicide |
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| 543 | 560 | | or the need for hospitalization. |
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| 544 | 561 | | SECTION 2. This act shall become effective November 1, 2021 . |
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