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ENGROSSED HOUSE
BILL NO. 1741 By: Dills of the House
and
Haste of the Senate
An Act relating to mental health; amending 43A O.S.
2011, Section 1-103, as last amended by Section 29,
Chapter 475, O.S.L. 2019 (43A O.S. Supp. 2020,
Section 1-103), which relates to the Mental Health
Law; providing 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 1 -103, as
last amended by Sect ion 29, Chapter 475, O.S.L. 2019 (43A O.S. Supp.
2020, Section 1-103), is amended to read as follows:
Section 1-103. When used in this title, unless otherwise
expressly stated, or unless the context or subject matter otherwise
requires:
1. "Department" means the Department of Mental Health and
Substance Abuse Services;
2. "Chair" means the chair of the Board of Mental Health and
Substance Abuse Services;
3. "Mental illness" means a substantial disorder of thought,
mood, perception, psychological orienta tion or memory that
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significantly impairs judgment, behavior, capacity to recognize
reality or ability to meet the ordinary demands of life;
4. "Board" means the Board of Mental Health and Substance Abuse
Services as established by the Mental Health Law;
5. "Commissioner" means the individual selected and appointed
by the Board to serve as Commissioner of Mental Health and Substance
Abuse Services;
6. "Indigent person" means a person who has not sufficient
assets or resources to support the person and to support members of
the family of the person lawfully dependent on the person for
support;
7. "Facility" means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of
an individual with mental illness, or drug or alcohol dependency,
gambling addiction, eating disorders, an opioid substitution
treatment program, including, but not limited to, public or private
hospitals, community mental health centers, clinics, satellites or
facilities; provided, that f acility shall not mean a child guidance
center operated by the State Department of Health;
8. "Consumer" means a person under care or treatment in a
facility pursuant to the Mental Health Law, or in an outpatient
status;
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9. "Care and treatment" means medical care and behavioral
health services, as well as food, clothing and maintenance,
furnished to a person;
10. Whenever in this law or in any other law, or in any rule or
order made or promulgated pursuant to this law or to any other law,
or in the printed forms prepared for the admission of consumers or
for statistical reports, the words "insane", "insanity", "lunacy",
"mentally sick", "mental disease" or "mental disorder" are used,
such terms shall have equal significance to the words "mental
illness";
11. "Licensed mental health professional " means:
a. a psychiatrist who is a diplomate of the American
Board of Psychiatry and Neurology,
b. a psychiatrist who is a diplomate of the American
Osteopathic Board of Neurology and Psychiatry,
c. a physician licensed pursuant to the Oklahoma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine
Act,
d. a clinical psychologist who is duly licensed to
practice by the State Board of Examiners of
Psychologists,
e. a professional counselor licensed pursuant to the
Licensed Professional Counselors Act,
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f. a person licensed as a clinical social worker pursuant
to the provisions of the Social Worker 's Licensing
Act,
g. a licensed marital and family therapist as defined in
the Marital and Family Therapist Licensure Act,
h. a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act ,
i. an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act,
j. a physician's assistant who is licens ed in good
standing in this state, or
k. a licensed drug and alcohol counselor/mental health
(LADC/MH) as defined in the Licensed Alcohol and Drug
Counselors Act;
12. "Mentally incompetent person " means any person who has been
adjudicated mentally or lega lly incompetent by an appropriate
district court;
13. a. "Person requiring treatment " means a person who
because of his or her mental illness or drug or
alcohol dependency:
(1) poses a substantial risk of immediate physical
harm to self as manifested by ev idence or serious
threats of or attempts at suicide or other
significant self-inflicted bodily harm,
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(2) poses a substantial risk of immediate physical
harm to another person or persons as manifested
by evidence of violent behavior directed toward
another person or persons,
(3) has placed another person or persons in a
reasonable fear of violent behavior directed
towards such person or persons or serious
physical harm to them as manifested by serious
and immediate threats,
(4) is in a condition of severe de terioration such
that, without immediate intervention, there
exists a substantial risk that severe impairment
or injury will result to the person, or
(5) poses a substantial risk of immediate serious
physical injury to self or death as manifested by
evidence that the person is unable to provide for
and is not providing for his or her basic
physical needs.
b. The mental health or substance abuse history of the
person may be used as part of the evidence to
determine whether the person is a person requiring
treatment or an assisted outpatient. The mental
health or substance abuse history of the person shall
not be the sole basis for this determination.
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c. Unless a person also meets the criteria established in
subparagraph a or b of this paragraph, "person
requiring treatment" or an "assisted outpatient" shall
not mean:
(1) a person whose mental processes have been
weakened or impaired by reason of advanced years,
dementia, or Alzheimer 's disease,
(2) a person with intellectual or developmental
disability as defined in Title 10 of the Oklahoma
Statutes,
(3) a person with seizure disorder,
(4) a person with a traumatic brain injury, or
(5) a person who is homeless.
d. A person who meets the criteria established in this
section but who is medically unstable, or the facility
holding the person is unable to treat the additional
medical conditions of that person, should be
discharged and transported in accordance with Section
1-110 of this title;
14. "Petitioner" means a person who files a petition alleging
that an individual is a person requiring treatment or an assisted
outpatient;
15. "Executive director" means the person in charge of a
facility as defined in this section;
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16. "Private hospital or facility " means any general hospital
maintaining a neuro-psychiatric unit or ward, or any private
hospital or facility for care and treatment of a person having a
mental illness, which is not supported by the state or federal
government. The term "private hospital" or "facility" shall not
include nursing homes or other f acilities maintained primarily for
the care of elderly and disabled persons;
17. "Individualized treatment plan " means a proposal developed
during the stay of an individual in a facility, under the provisions
of this title, which is specifically tailored to the treatment needs
of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based
upon and related to a clinical evaluation, which can
be reasonably achieved within a designated time
interval,
b. treatment methods and procedures to be used to obtain
these goals, which methods and procedures are related
to each of these goals and which include specific
prognosis for achieving each of these goals,
c. identification of the types of professional per sonnel
who will carry out the treatment procedures, including
appropriate medical or other professional involvement
by a physician or other health professional properly
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qualified to fulfill legal requirements mandated under
state and federal law,
d. documentation of involvement by the individual
receiving treatment and, if applicable, the accordance
of the individual with the treatment plan, and
e. a statement attesting that the executive director of
the facility or clinical director has made a
reasonable effort to meet the plan 's individualized
treatment goals in the least restrictive environment
possible closest to the home community of the
individual;
18. "Substance abuse records " referenced in this title shall
mean medical records governed by 42 U.S.C. , Section 290dd-2 and not
any other records;
19. "Telemedicine" means the practice of health care delivery,
diagnosis, consultation, evaluation, treatment, transfer of medical
data, or exchange of medical education information by means of
audio, video, or data communications. Telemedicine uses audio and
video multimedia telecommunication equipment which permits two -way
real-time communication between a health care practitioner and a
patient who are not in the same physical location. Telemedicine
shall not include consultation provided by telephone or facsimile
machine;
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19. 20. "Recovery and recovery support " means nonclinical
services that assist individuals and families to recover from
alcohol or drug problems. They include social support, linkage to
and coordination among allied service providers, including but not
limited to transportation to and from treatment or employment,
employment services and job training, case management and individual
services coordination, life skills education, relapse preve ntion,
housing assistance, child care, and substance abuse education;
20. 21. "Assisted outpatient" means a person who:
a. is either currently under the care of a facility
certified by the Department of Mental Health and
Substance Abuse Services as a Comm unity Mental Health
Center, or is being discharged from the custody of the
Oklahoma Department of Corrections, or is being
discharged from a residential placement by the Office
of Juvenile Affairs,
b. is suffering from a mental illness,
c. is unlikely to survive safely in the community without
supervision, based on a clinical determination,
d. has a history of lack of compliance with treatment for
mental illness that has:
(1) prior to the filing of a petition, at least twice
within the last thirty -six (36) months been a
significant factor in necessitating
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hospitalization or treatment in a hospital or
residential facility, including admission to a
community-based structured crisis center as
certified by the Oklahoma Department of Mental
Health and Substance A buse Services, or receipt
of services in a forensic or other mental health
unit of a correctional facility, or a specialized
treatment plan for treatment of mental illness in
a secure juvenile facility or placement in a
specialized residential program for juveniles, or
(2) prior to the filing of the petition, resulted in
one or more acts of serious violent behavior
toward self or others or threats of, or attempts
at, serious physical harm to self or others
within the last twenty -four (24) months,
e. is, as a result of his or her mental illness, unlikely
to voluntarily participate in outpatient treatment
that would enable him or her to live safely in the
community,
f. in view of his or her treatment history and current
behavior, is in need of assisted outpati ent treatment
in order to prevent a relapse or deterioration which
would be likely to result in serious harm to the
person or persons as defined in this section, and
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g. is likely to benefit from assisted outpatient
treatment; and
21. 22. "Assisted outpatient treatment" means outpatient
services which have been ordered by the court pursuant to a
treatment plan approved by the court to treat an assisted
outpatient's mental illness and to assist the person in living and
functioning in the community, or to att empt to prevent a relapse or
deterioration that may reasonably be predicted to result in suicide
or the need for hospitalization.
SECTION 2. This act shall become effective November 1, 2021 .
Passed the House of Representatives the 3rd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate