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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3210 By: Nichols
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38	38	AS INTRODUCED
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40	40	An Act relating to the Department of Mental Health
41	41	and Substance Abuse Services; amending 43 A O.S. 2021,
42	42	Section 2-101, which relates to the Board of Mental
43	43	Health and Substance Abuse Services; modifying the
44	44	procedure for appointment of the Commissioner;
45	45	amending 43A O.S. 2021, Section 2 -103, which relates
46	46	to the Board of Mental Health and Substance Abuse
47	47	Services; modifying the terms of s ervice of Board
48	48	members; amending 43A O.S. 2021, Section 2 -201, which
49	49	relates to the Commissioner of Mental Health and
50	50	Substance Abuse Services; modifying appointment
51	51	process; and providing an effective date .
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56	56	BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 43A O.S. 2021, Section 2 -101, is
58	58	amended to read as follows:
59	59	Section 2-101. A. 1. There is hereby established in this
60	60	state a Department of Mental Health and Substance Abuse Services.
61	61	2. This Department's governing board shall be the Board of
62	62	Mental Health and Substance Abuse Services, and its chief executive
63	63	officer shall be the Commissioner of Mental Health and Substance
64	64	Abuse Services. The Commissioner shall be appointed by the Govern or
65	65	with the advice and consent of the Senate and from among three
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92	92	candidates whom the Board shall select. The Commissioner shall
93	93	serve at the pleasure of the Governor Board and may be removed or
94	94	replaced without with cause. Compensation for the Commissio ner
95	95	shall be determined by the Governor Board. The Commissioner may be
96	96	removed from office by a two -thirds (2/3) vote of the members
97	97	elected to and constituting each chamber of the Legislature.
98	98	3. The Department of Mental Health and Substance Abuse Servi ces
99	99	shall exercise all functions of the state in relation to the
100	100	administration and operation of all state facilities for the care
101	101	and treatment of the mentally ill and drug - or alcohol-dependent
102	102	persons.
103	103	B. All references in the Oklahoma Statutes to the Department of
104	104	Mental Health or the Board of Mental Health shall be construed to
105	105	refer to the Department of Mental Health and Substance Abuse
106	106	Services or the Board of Mental Health and Substance Abuse Services,
107	107	respectively.
108	108	SECTION 2. AMENDATORY 43A O.S. 2021, Section 2 -103, is
109	109	amended to read as follows:
110	110	Section 2-103. A. The Board of Mental Health and Substance
111	111	Abuse Services shall be composed of the following nine (9) members:
112	112	1. Five members appointed by the Governor;
113	113	2. Two members appointed by the Speaker of the House of
114	114	Representatives; and
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141	141	3. Two members appointed by the President Pro Tempore of the
142	142	Senate.
143	143	B. 1. Each member shall serve at the pleasure until the end of
144	144	the term of his or her appointing authority and m ay be removed or
145	145	replaced without with cause.
146	146	2. Any member of th e Board shall be prohibited from voting on
147	147	any issue in which the member has a direct financial interest.
148	148	3. The Commissioner of Mental Health and Substance Abuse
149	149	Services shall be an ex of ficio member of the Board but shall be
150	150	entitled to vote only in ca se of a tie vote.
151	151	C. The Board shall elect from among its members a chair and a
152	152	vice-chair. The chair may call meetings at any time.
153	153	D. All regularly scheduled meetings of the Board shall be held
154	154	at the Central Office of the Department of Mental Health and
155	155	Substance Abuse Services , in Oklahoma City, Oklahoma, unless
156	156	otherwise scheduled. Five members shall constitute a quorum at any
157	157	meeting, and all action may be taken by an affirmative vo te of the
158	158	majority of the members present at any such meeting.
159	159	E. The action taken by the Board on any matter, or any document
160	160	passed by the Board, shall be considered official when such action
161	161	is placed in writing and signed by the chair or vice -chair.
162	162	F. The duties of the Board shall pertain to the care,
163	163	treatment, and hospitalization of persons with mental illness, or
164	164	alcohol- or drug-dependent persons.
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191	191	G. Members of the Board of Mental Health and Substance Abuse
192	192	Services shall be allowed their necess ary travel expenses pursuant
193	193	to the provisions of the State Travel Reimbursement Act.
194	194	H. Members of the Board of Mental Health and Substance Abuse
195	195	Services shall be allowed to serve on the State Board of Medical
196	196	Licensure and Supervision and the State Boa rd of Osteopathic
197	197	Examiners during members ' terms on the Board of Mental Health and
198	198	Substance Abuse Services.
199	199	SECTION 3. AMENDATORY 43A O.S. 2021, Section 2 -201, is
200	200	amended to read as follows:
201	201	Section 2-201. A. A Commissioner of Mental Health and
202	202	Substance Abuse Services shall be appointed by the Governor from
203	203	among three candidates selected by the Board of Mental Health and
204	204	Substance Abuse Services. The Commissioner may only be removed by
205	205	the Board for cause. The Commissioner shall meet at leas t one of
206	206	the following qualifications:
207	207	1. Possession of a Doctor of Medicine Degree and a license to
208	208	practice medicine in this state;
209	209	2. Possession of an Osteopathic Medicine Degree and a license
210	210	to practice medicine in this state;
211	211	3. Possession of a Do ctor of Public Health Degree;
212	212	4. Possession of a Doctoral Degree in Psychology and a license
213	213	to practice psychology in this state;
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240	240	5. Possession of a Master of Public Health Degree and a minimum
241	241	of five (5) years of supervisory experience in the administ ration of
242	242	health services; or
243	243	6. Possession of a Master of Arts o r Master's Degree in
244	244	Business Administration, Social Science or a related field and a
245	245	minimum of five (5) years of supervisory experience in the
246	246	administration of health services.
247	247	B. The salary of the Commissioner shall be fixed by the Board.
248	248	SECTION 4. This act shall become effective November 1, 2022.
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250	250	58-2-8449 KN 11/23/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3210 Compare Versions