Req. No. 9337 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 4106 By: Vancuren
AS INTRODUCED
An Act relating to schools; requiring school
districts to maintain protocol for responding to
students in mental health crisis; mandating
partnership with certain providers to develop,
maintain, and implement protocol; prescribing
provider requirements; listing minimum requirements
for protocol inclusion; requiring parental
notification if certain student is a minor; mandating
parental consent except in emergencies; prescribing
compliance with certain federal laws; providing for
ready access and regu lar training on protocol;
requiring working agreement b etween the school
district and provider; providing for review of
protocol effectiveness; establishing frequency for
review and consideration of updates; directing
submission of protocol to Department of Mental Health
and Substance Abuse Services and the State Department
of Education; authori zing agencies to provide
revisions to protocol; directing agencies to provide
technical assistance ; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24-159 of Title 70, unless there
is created a duplication in numbering, reads as follows:
Req. No. 9337 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. Each public school district shall maintain a protocol for
responding to students in mental health crisis with the goal of
preventing student suicide, self -harm, and harm to others.
1. The protocol shall be developed , maintained, and implemented
in partnership with one or more local mental health treatmen t
providers certified by the Department of Mental He alth and Substance
Abuse Services. At least one provider partner shall have:
a. the ability to serve all school-aged children
regardless of insurance status , and
b. the ability and certification to pro vide mental health
crisis services in the region where s tudents attend
school.
2. Any organization certified by the state as a community
mental health center as defined in Section 3 -302 of Title 43A of the
Oklahoma Statutes or a Certified Community Behavi oral Health Clinic
(CCBHC) shall serve as a school partn er if requested by a school
district located in its stat e-designated service area.
B. The protocol for responding to mental health crises shall,
at a minimum:
1. Provide a definition of mental health cri sis involving
potential for harm to self or others;
2. Document how mental health cris es may be identified by
school administrators, teachers, support employees, and school-based
mental health professionals;
Req. No. 9337 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Outline nonpunitive steps to safeguard student health and
safety in response to an immediate o r potential mental health
crisis;
4. Identify local treatment providers and resources available
to support students and families in mental health crisis, and ensure
appropriate referrals to treatment;
5. Outline a process for ensuring parent and caregive r
notification and involvement during an actual or potential menta l
health crisis; and
6. Document how student privacy will be protected in compliance
with applicable state and federal law s.
C. If a student who is under eighteen (18) years of age is
identified as being in or at risk of a mental health crisis, the
school shall inform the parent or guardian of the student and offer
the treatment referral information contained in the protocol.
Parent or guardian consent shall be required for any subsequent
action taken by the school as part of the protocol except in cases
of immediate and life -threatening danger to self or oth ers.
D. All protocols developed by school districts and partner
organizations shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and Family Educational Rights and
Privacy Act (FERPA) privacy requirements.
Req. No. 9337 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. School administrators, teachers, support employees, and
school-based mental health provid ers shall be provided ready access
to and regular training on the protocol.
F. A working agreement shall be signed by the board of
education of the school district and each identified mental health
provider partner outlining all obligations of the parties under the
established protocol and a strategy for r egularly reviewing its
effectiveness using anonymous, non identifiable data.
G. Not less than every two (2) years, the school district and
its mental health provider partners shall jointly review the
protocol and working agreements and consider any updates necessary
to better meet the needs of students. School districts and mental
health provider partners shall include in their review process
information gathered from the Oklahoma Prevention Needs Assess ment
Survey or a comparable surv ey.
H. Each school district shall submit the latest protocol and
working agreements to the Department of Mental Health and Substance
Abuse Services and the State Department of Education. These
agencies may require revisions to ensure compliance with applicable
laws, regulations, and established evidence -based practices.
I. The Department of Mental Health and Substance Abuse Services
and the State Department of Education shall provide technical
assistance to school district s and their provider partners by:
Req. No. 9337 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Making available an optional template protocol which
satisfies the provisions of this section;
2. Making available an optional template working agreement
which can be adopted by schools and provider partners;
3. Providing school districts with lists of local public and
private treatment providers eligible to serve as partners in the
development and maintenance of a protocol;
4. Providing information on any available mental health crisis
phone line;
5. Making available information on evidence-based practices for
meeting the mental health needs of students; and
6. Providing ongoing assistance and consultation as requested
by a school district.
J. The Department of Mental Health and Substance Abuse Services
and the State Department of Education may promulgate rules as
necessary to ensure compliance with this section.
K. Nothing in this section shall be construed to create,
establish, expand, reduce, contract , or eliminate any civil
liability on the part of any school or school employee.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
Req. No. 9337 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-9337 EK 01/13/22