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Oklahoma House Bill HB2798

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2798 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 58th Legislature (2021)
3131
3232 HOUSE BILL 2798 By: Pfeiffer
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3838 AS INTRODUCED
3939
4040 An Act relating to health care; amending 36 O.S.
4141 2011, Section 6802, which relates to telemedicine;
4242 defining term; amending Section 1, Chapter 228,
4343 O.S.L. 2017 (59 O.S. Supp. 2020, Section 478), which
4444 relates to definitions; defining term; 43A O.S. 2011,
4545 Section 1-103, as last amended by Section 29, Chapter
4646 475, O.S.L. 2019 (43A O.S. Supp. 2020, Section 1 -
4747 103), which relates to definition s; defining term;
4848 and providing an effective date .
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 36 O.S. 2011, Section 6802, is
5656 amended to read as follows:
5757 Section 6802. As used in this act, "telemedicine" means the
5858 practice of health care delivery, diagnosis, consultation,
5959 treatment, including but not limited to, the treatment and
6060 prevention of strokes, transfer of medical data, or exchange of
6161 medical education information by means of aud io, video, or data
6262 communications. Telemedicine is not a consultation provided by
6363 telephone or facsimile machine mode of delivering health care
6464 through the use of synchronous or asynchronous telecommunications
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9191 technologies capable of assisting a provider to deliver patient
9292 health care services, including but not limited to assessment,
9393 diagnosis, treatment, and remote monitoring of a patient,
9494 consultation with a patient, transfer of medical data, patient and
9595 professional health-related education, public hea lth services, and
9696 health administration , in compliance with all applicable state and
9797 federal laws, including the Health Insurance Portability and
9898 Accountability Act (HIPAA), Section 1320 of Title 42 of the United
9999 States Code, and the Health Information Tec hnology for Economic and
100100 Clinical Health Act (HITECH), Sections 300jj through 300jj -52 of
101101 Title 42 of the United States Code .
102102 SECTION 2. AMENDATORY Section 1, Chapter 228, O.S.L.
103103 2017 (59 O.S. Supp. 2020, Section 478), is amended to read as
104104 follows:
105105 Section 478. A. As used in this act:
106106 1. "Store and forward technologies " means the transmission of a
107107 patient's medical information from an originating site to the
108108 physician or practitioner at the distant site; provided, photographs
109109 visualized by a telecommunications system shall be specific to the
110110 patient's medical condition and adequate for furnishing or
111111 confirming a diagnosis or treatment plan;
112112 2. "Telemedicine" means the practice of health care delivery,
113113 diagnosis, consultation, e valuation and treatment, transfer of
114114 medical data or exchange of medical education information by means
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141141 of a two-way, real-time interactive communication, not to exclude
142142 store and forward technologies, between a patient and a physician
143143 with access to and r eviewing the patient 's relevant clinical
144144 information prior to the telemedicine visit.
145145 "Telemedicine" and "store and forward technologies " shall not
146146 include consultations provided by telephone audio -only
147147 communication, electronic mail, text message, instant messaging
148148 conversation, website questionnaire, nonsecure video conference or
149149 facsimile machine mode of delivering health care through the use of
150150 synchronous or asynchronous telecommunications technologies capable
151151 of assisting a provider to deliver patient health care services,
152152 including but not limited to assessment, diagnosis, treatment, and
153153 remote monitoring of a patient, consultation with a patient,
154154 transfer of medical data, patient and professional health -related
155155 education, public health services, and health administration, in
156156 compliance with all applicable state and federal laws, including the
157157 Health Insurance Portability and Accountability Act (HIPAA), Section
158158 1320 of Title 42 of the United States Code, and the Health
159159 Information Technology for Econom ic and Clinical Health Act
160160 (HITECH), Sections 300jj through 300jj -52 of Title 42 of the United
161161 States Code.
162162 SECTION 3. AMENDATORY 43A O.S. 2011, Section 1 -103, as
163163 last amended by Section 29, Chapter 475, O.S.L. 2019 (43A O.S. Supp .
164164 2020, Section 1-103), is amended to read as follows:
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191191 Section 1-103. When used in this title, unless otherwise
192192 expressly stated, or unless the context or subject matter otherwise
193193 requires:
194194 1. "Department" means the Department of Mental Health and
195195 Substance Abuse Services;
196196 2. "Chair" means the chair of the Board of Mental Health and
197197 Substance Abuse Services;
198198 3. "Mental illness" means a substantial disorder of thought,
199199 mood, perception, psychological orientation or memory that
200200 significantly impairs judgm ent, behavior, capacity to recognize
201201 reality or ability to meet the ordinary demands of life;
202202 4. "Board" means the Board of Mental Health and Substance Abuse
203203 Services as established by the Mental Health Law;
204204 5. "Commissioner" means the individual selecte d and appointed
205205 by the Board to serve as Commissioner of Mental Health and Substance
206206 Abuse Services;
207207 6. "Indigent person" means a person who has not sufficient
208208 assets or resources to support the person and to support members of
209209 the family of the person la wfully dependent on the person for
210210 support;
211211 7. "Facility" means any hospital, school, building, house or
212212 retreat, authorized by law to have the care, treatment or custody of
213213 an individual with mental illness, or drug or alcohol dependency,
214214 gambling addiction, eating disorders, an opioid substitution
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241241 treatment program, including, but not limited to, public or private
242242 hospitals, community mental health centers, clinics, satellites or
243243 facilities; provided, that facility shall not mean a child guidance
244244 center operated by the State Department of Health;
245245 8. "Consumer" means a person under care or treatment in a
246246 facility pursuant to the Mental Health Law, or in an outpatient
247247 status;
248248 9. "Care and treatment" means medical care and behavioral
249249 health services, as we ll as food, clothing and maintenance,
250250 furnished to a person;
251251 10. Whenever in this law or in any other law, or in any rule or
252252 order made or promulgated pursuant to this law or to any other law,
253253 or in the printed forms prepared for the admission of consumer s or
254254 for statistical reports, the words "insane", "insanity", "lunacy",
255255 "mentally sick", "mental disease" or "mental disorder" are used,
256256 such terms shall have equal significance to the words "mental
257257 illness";
258258 11. "Licensed mental health professional " means:
259259 a. a psychiatrist who is a diplomate of the American
260260 Board of Psychiatry and Neurology,
261261 b. a psychiatrist who is a diplomate of the American
262262 Osteopathic Board of Neurology and Psychiatry,
263263 c. a physician licensed pursuant to the Oklahoma
264264 Allopathic Medical and Surgical Licensure and
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291291 Supervision Act or the Oklahoma Osteopathic Medicine
292292 Act,
293293 d. a clinical psychologist who is duly licensed to
294294 practice by the State Board of Examiners of
295295 Psychologists,
296296 e. a professional counselor licensed pursuant to the
297297 Licensed Professional Counselors Act,
298298 f. a person licensed as a clinical social worker pursuant
299299 to the provisions of the Social Worker 's Licensing
300300 Act,
301301 g. a licensed marital and family therapist as defined in
302302 the Marital and Family Therapist Licensure Act,
303303 h. a licensed behavioral practitioner as defined in the
304304 Licensed Behavioral Practitioner Act ,
305305 i. an advanced practice nurse as defined in the Oklahoma
306306 Nursing Practice Act,
307307 j. a physician's assistant who is licensed in good
308308 standing in this state, or
309309 k. a licensed drug and alcohol counselor/mental health
310310 (LADC/MH) as defined in the Licensed Alcohol and Drug
311311 Counselors Act;
312312 12. "Mentally incompetent person " means any person who has been
313313 adjudicated mentally or legally incompetent by an appropriate
314314 district court;
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341341 13. a. "Person requiring treatment " means a person who
342342 because of his or her mental illness or drug or
343343 alcohol dependency:
344344 (1) poses a substantial risk of immediate physical
345345 harm to self as manifested by evidence or serious
346346 threats of or attempts at sui cide or other
347347 significant self-inflicted bodily harm,
348348 (2) poses a substantial risk of immediate physical
349349 harm to another person or persons as manifested
350350 by evidence of violent behavior directed toward
351351 another person or persons,
352352 (3) has placed another perso n or persons in a
353353 reasonable fear of violent behavior directed
354354 towards such person or persons or serious
355355 physical harm to them as manifested by serious
356356 and immediate threats,
357357 (4) is in a condition of severe deterioration such
358358 that, without immediate interv ention, there
359359 exists a substantial risk that severe impairment
360360 or injury will result to the person, or
361361 (5) poses a substantial risk of immediate serious
362362 physical injury to self or death as manifested by
363363 evidence that the person is unable to provide for
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390390 and is not providing for his or her basic
391391 physical needs.
392392 b. The mental health or substance abuse history of the
393393 person may be used as part of the evidence to
394394 determine whether the person is a person requiring
395395 treatment or an assisted outpatient. The mental
396396 health or substance abuse history of the person shall
397397 not be the sole basis for this determination.
398398 c. Unless a person also meets the criteria established in
399399 subparagraph a or b of this paragraph, "person
400400 requiring treatment" or an "assisted outpatient" shall
401401 not mean:
402402 (1) a person whose mental processes have been
403403 weakened or impaired by reason of advanced years,
404404 dementia, or Alzheimer 's disease,
405405 (2) a person with intellectual or developmental
406406 disability as defined in Title 10 of the Oklahoma
407407 Statutes,
408408 (3) a person with seizure disorder,
409409 (4) a person with a traumatic brain injury, or
410410 (5) a person who is homeless.
411411 d. A person who meets the criteria established in this
412412 section but who is medically unstable, or the facility
413413 holding the person is unable to treat the additional
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440440 medical conditions of that person, should be
441441 discharged and transported in accordance with Section
442442 1-110 of this title;
443443 14. "Petitioner" means a person who files a petition alleging
444444 that an individual is a person requiring treatment or an assisted
445445 outpatient;
446446 15. "Executive director" means the person in charge of a
447447 facility as defined in this section;
448448 16. "Private hospital or facility " means any general hospital
449449 maintaining a neuro-psychiatric unit or ward, or any private
450450 hospital or facility for care and treatment of a person having a
451451 mental illness, which is not supported by the state or federal
452452 government. The term "private hospital" or "facility" shall not
453453 include nursing homes or other facilities maintained primarily for
454454 the care of elderly and disabled persons;
455455 17. "Individualized treatment plan " means a proposal developed
456456 during the stay of an individual in a facility, under the provisions
457457 of this title, which is specifically tailored to the treatment needs
458458 of the individual. Each plan shall clearly include the following:
459459 a. a statement of treatment goals or objectives, based
460460 upon and related to a clinical evaluation, which can
461461 be reasonably achieved within a designated time
462462 interval,
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489489 b. treatment methods and procedures to be used to obtain
490490 these goals, which methods and procedures are related
491491 to each of these goals and which include specific
492492 prognosis for achieving each of these goals,
493493 c. identification of the types of professional personnel
494494 who will carry out the treatment procedu res, including
495495 appropriate medical or other professional involvement
496496 by a physician or other health professional properly
497497 qualified to fulfill legal requirements mandated under
498498 state and federal law,
499499 d. documentation of involvement by the individual
500500 receiving treatment and, if applicable, the accordance
501501 of the individual with the treatment plan, and
502502 e. a statement attesting that the executive director of
503503 the facility or clinical director has made a
504504 reasonable effort to meet the plan 's individualized
505505 treatment goals in the least restrictive environment
506506 possible closest to the home community of the
507507 individual;
508508 18. "Telemedicine" means the practice of health care delivery,
509509 diagnosis, consultation, evaluation, treatment, transfer of medical
510510 data, or exchange of medical education information by means of
511511 audio, video, or data communications. Telemedicine uses audio and
512512 video multimedia telecommunication equipment which permits two -way
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539539 real-time communication between a health care practitioner and a
540540 patient who are not in the same physical location. Telemedicine
541541 shall not include consultation provided by telephone or facsimile
542542 machine mode of delivering health care through t he use of
543543 synchronous or asynchronous telecommunications technologies ca pable
544544 of assisting a provider to deliver patient health care services,
545545 including but not limited to assessment, diagnosis, treatment, and
546546 remote monitoring of a patient, consultation with a patient,
547547 transfer of medical data, patient and professional health -related
548548 education, public health services, and health administration, in
549549 compliance with all applicable state and federal laws, including the
550550 Health Insurance Portability and Accountability Act (HIPAA), Section
551551 1320 of Title 42 of the United States Code, and the Health
552552 Information Technology for Economic and Clinical Health Act
553553 (HITECH), Sections 300jj through 300jj -52 of Title 42 of the United
554554 States Code;
555555 19. "Recovery and recovery support " means nonclinical services
556556 that assist individuals and families to recover from al cohol or drug
557557 problems. They include social support, linkage to and coordination
558558 among allied service providers, including but not limited to
559559 transportation to and from treatment or employment, employment
560560 services and job training, case management and ind ividual services
561561 coordination, life skills education, relapse prevention, housing
562562 assistance, child care, and substance abuse education;
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589589 20. "Assisted outpatient" means a person who:
590590 a. is either currently under the care of a facility
591591 certified by the Dep artment of Mental Health and
592592 Substance Abuse Services as a Community Mental Health
593593 Center, or is being discharged from the custody of the
594594 Oklahoma Department of Corrections, or is being
595595 discharged from a residential placement by the Office
596596 of Juvenile Affairs,
597597 b. is suffering from a mental illness,
598598 c. is unlikely to survive safely in the community without
599599 supervision, based on a clinical determination,
600600 d. has a history of lack of compliance with treatment for
601601 mental illness that has:
602602 (1) prior to the filing of a petition, at least twice
603603 within the last thirty -six (36) months been a
604604 significant factor in necessitating
605605 hospitalization or treatment in a hospital or
606606 residential facility, including admission to a
607607 community-based structured crisis center as
608608 certified by the Oklahoma Department of Mental
609609 Health and Substance Abuse Services, or receipt
610610 of services in a forensic or other mental health
611611 unit of a correctional facility, or a specialized
612612 treatment plan for treatment of mental illness in
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639639 a secure juvenile facility or placement in a
640640 specialized residential program for juveniles, or
641641 (2) prior to the filing of the petition, resulted in
642642 one or more acts of serious violent behavior
643643 toward self or others or threats of, or attempts
644644 at, serious physical harm to sel f or others
645645 within the last twenty -four (24) months,
646646 e. is, as a result of his or her mental illness, unlikely
647647 to voluntarily participate in outpatient treatment
648648 that would enable him or her to live safely in the
649649 community,
650650 f. in view of his or her treatme nt history and current
651651 behavior, is in need of assisted outpatient treatment
652652 in order to prevent a relapse or deterioration which
653653 would be likely to result in serious harm to the
654654 person or persons as defined in this section, and
655655 g. is likely to benefit fro m assisted outpatient
656656 treatment; and
657657 21. "Assisted outpatient treatment " means outpatient services
658658 which have been ordered by the court pursuant to a treatment plan
659659 approved by the court to treat an assisted outpatient 's mental
660660 illness and to assist the p erson in living and functioning in the
661661 community, or to attempt to prevent a relapse or deterioration that
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688688 may reasonably be predicted to result in suicide or the need for
689689 hospitalization.
690690 SECTION 4. This act shall become effective Novembe r 1, 2021.
691691
692692 58-1-6768 AB 01/05/21