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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3210 By: Nichols
AS INTRODUCED
An Act relating to the Department of Mental Health
and Substance Abuse Services; amending 43 A O.S. 2021,
Section 2-101, which relates to the Board of Mental
Health and Substance Abuse Services; modifying the
procedure for appointment of the Commissioner;
amending 43A O.S. 2021, Section 2 -103, which relates
to the Board of Mental Health and Substance Abuse
Services; modifying the terms of s ervice of Board
members; amending 43A O.S. 2021, Section 2 -201, which
relates to the Commissioner of Mental Health and
Substance Abuse Services; modifying appointment
process; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 2 -101, is
amended to read as follows:
Section 2-101. A. 1. There is hereby established in this
state a Department of Mental Health and Substance Abuse Services.
2. This Department's governing board shall be the Board of
Mental Health and Substance Abuse Services, and its chief executive
officer shall be the Commissioner of Mental Health and Substance
Abuse Services. The Commissioner shall be appointed by the Govern or
with the advice and consent of the Senate and from among three
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candidates whom the Board shall select. The Commissioner shall
serve at the pleasure of the Governor Board and may be removed or
replaced without with cause. Compensation for the Commissio ner
shall be determined by the Governor Board. The Commissioner may be
removed from office by a two -thirds (2/3) vote of the members
elected to and constituting each chamber of the Legislature.
3. The Department of Mental Health and Substance Abuse Servi ces
shall exercise all functions of the state in relation to the
administration and operation of all state facilities for the care
and treatment of the mentally ill and drug - or alcohol-dependent
persons.
B. All references in the Oklahoma Statutes to the Department of
Mental Health or the Board of Mental Health shall be construed to
refer to the Department of Mental Health and Substance Abuse
Services or the Board of Mental Health and Substance Abuse Services,
respectively.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 2 -103, is
amended to read as follows:
Section 2-103. A. The Board of Mental Health and Substance
Abuse Services shall be composed of the following nine (9) members:
1. Five members appointed by the Governor;
2. Two members appointed by the Speaker of the House of
Representatives; and
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3. Two members appointed by the President Pro Tempore of the
Senate.
B. 1. Each member shall serve at the pleasure until the end of
the term of his or her appointing authority and m ay be removed or
replaced without with cause.
2. Any member of th e Board shall be prohibited from voting on
any issue in which the member has a direct financial interest.
3. The Commissioner of Mental Health and Substance Abuse
Services shall be an ex of ficio member of the Board but shall be
entitled to vote only in ca se of a tie vote.
C. The Board shall elect from among its members a chair and a
vice-chair. The chair may call meetings at any time.
D. All regularly scheduled meetings of the Board shall be held
at the Central Office of the Department of Mental Health and
Substance Abuse Services , in Oklahoma City, Oklahoma, unless
otherwise scheduled. Five members shall constitute a quorum at any
meeting, and all action may be taken by an affirmative vo te of the
majority of the members present at any such meeting.
E. The action taken by the Board on any matter, or any document
passed by the Board, shall be considered official when such action
is placed in writing and signed by the chair or vice -chair.
F. The duties of the Board shall pertain to the care,
treatment, and hospitalization of persons with mental illness, or
alcohol- or drug-dependent persons.
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G. Members of the Board of Mental Health and Substance Abuse
Services shall be allowed their necess ary travel expenses pursuant
to the provisions of the State Travel Reimbursement Act.
H. Members of the Board of Mental Health and Substance Abuse
Services shall be allowed to serve on the State Board of Medical
Licensure and Supervision and the State Boa rd of Osteopathic
Examiners during members ' terms on the Board of Mental Health and
Substance Abuse Services.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 2 -201, is
amended to read as follows:
Section 2-201. A. A Commissioner of Mental Health and
Substance Abuse Services shall be appointed by the Governor from
among three candidates selected by the Board of Mental Health and
Substance Abuse Services. The Commissioner may only be removed by
the Board for cause. The Commissioner shall meet at leas t one of
the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
3. Possession of a Do ctor of Public Health Degree;
4. Possession of a Doctoral Degree in Psychology and a license
to practice psychology in this state;
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5. Possession of a Master of Public Health Degree and a minimum
of five (5) years of supervisory experience in the administ ration of
health services; or
6. Possession of a Master of Arts o r Master's Degree in
Business Administration, Social Science or a related field and a
minimum of five (5) years of supervisory experience in the
administration of health services.
B. The salary of the Commissioner shall be fixed by the Board.
SECTION 4. This act shall become effective November 1, 2022.
58-2-8449 KN 11/23/21