Oklahoma 2022 Regular Session

Oklahoma House Bill HB4227 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 4227 By: Boatman of the House
4	32
5	33		and
6	34
7	35		Paxton of the Senate
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11	39
12		-
13		-
14	40		An Act relating to mental health; amending 43A O.S.
	41	+	2021, Section 1-103, which relates to definitions;
	42	+	adding definition; amending 43A O.S. 2021, Section 5-
	43	+	207, which relates to imme diate emergency action;
	44	+	modifying requirement; amending 43A O.S. 2021,
	45	+	Section 5-302, which relates to the status of
	46	+	informal patient; including private centers; amending
	47	+	43A O.S. 2021, Section 5-309, which relates to
	48	+	detention of persons; including private centers;
	49	+	amending 43A O.S. 2021, Section 5-415, which relates
	50	+	to records; creating exemption; amending 43A O.S.
	51	+	2021, Section 5-420, which relates to the review
	52	+	status of persons involuntarily committed; mod ifying
	53	+	requirement; repealing 43A O.S. 2021, Sections 8-101,
	54	+	8-103, 8-104, 8-105, 8-106, 8-107, and 8-108, which
	55	+	relate to mental health; and pr oviding an effective
	56	+	date.
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	58	+
	59	+
	60	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	61	+	entire bill and insert
	62	+
	63	+	“An Act relating to mental health; amending 43A O.S.
15	64		2021, Section 1-103, which relates to definitions;
16	65		adding and modifying definitions; updating statutory
17	66		language; amending 43A O.S. 2021, Section 5 -206,
18	67		which relates to definitions; tolling emergency
19	68		detention time limit under specified cond ition;
20	69		amending 43A O.S. 2021, Section 5-207, which relates
21	70		to immediate emergency action; modifying definition;
22	71		tolling emergency detention time limit under
23	72		specified condition; amending 43A O.S. 2021, Section
24	73		5-208, which relates to emergency detention; tolling
25	74		emergency detention time limit under specified
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26	101		condition; amending 43A O.S. 2021, Section 5-302,
27	102		which relates to the status of informal patient;
28	103		including private centers; amending 43A O.S. 2021,
29	104		Section 5-309, which relates to detention of persons;
30	105		including private centers; tolling emergency
31	106		detention time limit under specified condition ;
32	107		amending 43A O.S. 2021, Section 5-415, which relates
33	108		to records; creating exemption; amending 43A O.S.
34	109		2021, Section 5-420, which relates to the review
35	110		status of persons involuntarily committed; modifying
36	111		requirement; repealing 43A O.S. 2021, Sections 8-101,
37	112		8-103, 8-104, 8-105, 8-106, 8-107, and 8-108, which
38	113		relate to mental health; and pr oviding an effective
39	114		date.
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42	117
43	118
44		-	SUBJECT: Mental health
45		-
46		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. H. B. NO. 4227 Page 2
47		-
	119	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48	120		SECTION 1. AMENDATORY 43A O.S. 2021, Section 1-103, is
49	121		amended to read as follows :
50		-
51	122		Section 1-103. When used in this title, unless oth erwise
52	123		expressly stated, or unless the co ntext or subject matter otherwise
53	124		requires:
54		-
55		-	1. "Department" means the Department of Mental Health and
	125	+	1. “Department” means the Department of Mental Health and
56	126		Substance Abuse Services;
57		-
58		-	2. "Chair" means the chair of the Board of Mental Health and
	127	+	2. “Chair” means the chair of the Board of Mental Health and
59	128		Substance Abuse Services ;
60		-
61		-	3. "Mental illness" means a substantial disorder of thought,
	129	+	3. “Mental illness” means a substantial disorder of thought,
62	130		mood, perception, psychological orientation or memory that
63	131		significantly impairs jud gment, behavior, capacity to recognize
64	132		reality or ability to meet the ordinary demands of life;
65	133
66		-	4. "Board" means the Board of Mental Health and Subs tance Abuse
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	159	+	4. “Board” means the Board of Mental Health and Subs tance Abuse
67	160		Services as established by the Mental Health Law;
68		-
69		-	5. "Commissioner" means the individual selected and appointed
	161	+	5. “Commissioner” means the individual selected and appointed
70	162		by the Board to serve as Commissioner of Mental Health and Substance
71	163		Abuse Services;
72		-
73		-	6. "Indigent person" means a person who has n ot sufficient
	164	+	6. “Indigent person” means a person who has n ot sufficient
74	165		assets or resources to support the person and to support members of
75	166		the family of the person lawfully dependent on the person for
76	167		support;
77		-
78		-	7. "Facility" means any hospital, school, building, house or
	168	+	7. “Facility” means any hospital, school, building, house or
79	169		retreat, authorized by law to have the ca re, treatment or custody of
80	170		an individual with mental illness, or drug or alcohol dependency,
81	171		gambling addiction, eating disorders, an opioid substitutio n
82	172		treatment program including, but not limited to, public or p rivate
83	173		hospitals, community mental health centers, clinics, satellites or
84	174		facilities; provided, that facility shall not mean a child guidance
85	175		center operated by the State Department of Health;
86		-
87		-	8. "Consumer" means a person under care or treatment in a
	176	+	8. “Consumer” means a person under care or treatment in a
88	177		facility pursuant to the Mental Health Law, o r in an outpatient
89	178		status;
90		-	ENR. H. B. NO. 4227 Page 3
91		-	9. "Care and treatment" means medical care and behavioral
	179	+	9. “Care and treatment” means medical care and behavioral
92	180		health services, as w ell as food, clothing and maintenance,
93	181		furnished to a person;
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94	207
95	208		10. Whenever in this law or in any other law, or in any rule or
96	209		order made or promulga ted pursuant to this law or to any other law,
97	210		or in the printed forms prepared for the admission of consume rs or
98		-	for statistical reports , the words "insane", "insanity", "lunacy",
99		-	"mentally sick", "mental disease" or "mental disorder" are used,
100		-	such terms shall have equal significance to the words "mental
101		-	illness";
102		-
103		-	11. "Licensed mental health professional " means:
104		-
	211	+	for statistical reports, the words “insane”, “insanity”, “lunacy”,
	212	+	“mentally sick”, “mental disease” or “mental disorder” are used,
	213	+	such terms shall have equal significance to the words “mental
	214	+	illness”;
	215	+	11. “Licensed mental health professional ” means:
105	216		a. a psychiatrist who is a diplomate of th e American
106	217		Board of Psychiatry and Neurology,
107		-
108	218		b. a psychiatrist who is a diplomate of the American
109	219		Osteopathic Board of Neurology and Psychiatry,
110		-
111	220		c. a physician licensed pursuant to the Oklahoma
112	221		Allopathic Medical and Surgical Licensure and
113	222		Supervision Act or the Oklahoma Osteopathic Medicine
114	223		Act,
115		-
116	224		d. a clinical psychologist who is duly licensed to
117	225		practice by the State Board of Examiners of
118	226		Psychologists,
119		-
120	227		e. a professional counselor licensed pursuant to the
121	228		Licensed Professional Counselors Act,
122		-
123	229		f. a person licensed as a clinical social worker pursuant
124		-	to the provisions of the Social Worker 's Licensing
	230	+	to the provisions of the Social Worker ’s Licensing
125	231		Act,
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127	258		g. a licensed marital and family therapist as defined in
128	259		the Marital and Family Therapist Licensure Act,
129		-
130	260		h. a licensed behavioral practitioner as defined in the
131	261		Licensed Behavioral Practitioner Act ,
132		-
133	262		i. an advanced practice nurse as defined in the Oklahoma
134	263		Nursing Practice Act,
135		-	ENR. H. B. NO. 4227 Page 4
136		-	j. a physician's assistant who is licensed in good
	264	+	j. a physician’s assistant who is licensed in good
137	265		standing in this state, or
138		-
139	266		k. a licensed drug and alcohol counselor/mental health
140	267		(LADC/MH) as defined in the Licensed Alcohol and Drug
141	268		Counselors Act;
142		-
143		-	12. "Mentally incompetent perso n" means any person who has been
	269	+	12. “Mentally incompetent perso n” means any person who has been
144	270		adjudicated mentally or legally incompetent by an appropriate
145	271		district court;
146		-
147		-	13. a. "Person requiring treatment " means a person who
	272	+	13. a. “Person requiring treatment ” means a person who
148	273		because of his or her mental illness or drug or
149	274		alcohol dependency:
150		-
151	275		(1) poses a substantial risk of immediate physical
152	276		harm to self as manifested by evidence or serious
153	277		threats of or attempts at su icide or other
154	278		significant self-inflicted bodily harm,
155		-
156	279		(2) poses a substantial risk of immediate physical
157	280		harm to another person or persons as manife sted
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158	307		by evidence of violent behavior directed toward
159	308		another person or persons,
160		-
161	309		(3) has placed another pers on or persons in a
162	310		reasonable fear of violent behavior directed
163	311		towards such person or persons or serious
164	312		physical harm to them as manifested by seri ous
165	313		and immediate threats,
166		-
167	314		(4) is in a condition of severe deterioration such
168	315		that, without immediate inter vention, there
169	316		exists a substantial risk that severe impairment
170	317		or injury will result to the person, or
171		-
172	318		(5) poses a substantial risk of immediate ser ious
173	319		physical injury to self or death as manifested by
174	320		evidence that the person is unable to provide for
175	321		and is not providing for his or her basic
176	322		physical needs.
177		-
178	323		b. The mental health or substance abuse history of t he
179	324		person may be used as part of the evid ence to
180		-	determine whether the person is a person requiring ~~ENR. H. B. NO. 4227 Page 5~~
	325	+	determine whether the person is a person requiring
181	326		treatment or an assisted outpatient. The mental
182	327		health or substance abuse history of the pers on shall
183	328		not be the sole basis for this determination.
184		-
185	329		c. Unless a person also meets the criteria estab lished in
186		-	subparagraph a or b of this paragraph, "person
187		-	requiring treatment" or an "assisted outpatient" shall
	330	+	subparagraph a or b of this paragraph, “person
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	357	+	requiring treatment” or an “assisted outpatient” shall
188	358		not mean:
189		-
190	359		(1) a person whose mental proce sses have been
191	360		weakened or impaired by reason of advanced year s,
192		-	dementia, or Alzheimer 's disease,
193		-
	361	+	dementia, or Alzheimer ’s disease,
194	362		(2) a person with intellectual or developmental
195	363		disability as defined in Title 10 of the Oklahoma
196	364		Statutes,
197		-
198	365		(3) a person with seizure disorder,
199		-
200	366		(4) a person with a traumatic brain injury, or
201		-
202	367		(5) a person who is homeless .
203		-
204	368		d. (1) A person who meets the criteria established in
205	369		this section paragraph but who is medically
206	370		unstable, or the facility holding the person is
207	371		unable to treat the additional medical conditions
208	372		of that person, should may be discharged and
209	373		transported in accordance with Section 1-110 of
210	374		this title. Alternatively, if the facility
211	375		holding the person is able to treat the
212	376		additional medical conditions of that person, the
213	377		facility may treat the additional medical
214	378		conditions in an effort to medically stabilize
215	379		the patient.
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217	406		(2) If the facility holding the person is unable to
218	407		treat the additional medical conditions of a
219	408		person who meets the criteria es tablished in this
220	409		paragraph, the patient shall be discharged and
221	410		transported in accordance with Section 1 -110 of
222	411		this title;
223		-	ENR. H. B. NO. 4227 Page 6
224		-	14. "Petitioner" means a person who files a petition alleging
	412	+	14. “Petitioner” means a person who files a petition alleging
225	413		that an individual is a person requiring treatment or an a ssisted
226	414		outpatient;
227		-
228		-	15. "Executive director" means the person in charge of a
	415	+	15. “Executive director” means the person in charge of a
229	416		facility as defined in this section;
230		-
231		-	16. "Private hospital or facility " means any general hospital
	417	+	16. “Private hospital or facility ” means any general hospital
232	418		maintaining a neuro-psychiatric unit or ward, or any private
233	419		hospital or facility for care and treatment of a person havin g a
234	420		mental illness, which is not supported by the state or fed eral
235		-	government. The term "private hospital" or "facility" shall not
	421	+	government. The term “private hospital” or “facility” shall not
236	422		include nursing homes or other facilities maintained primarily for
237	423		the care of elderly and disabled persons;
238		-
239		-	17. "Individualized treatment plan " means a proposal developed
	424	+	17. “Individualized treatment plan ” means a proposal developed
240	425		during the stay of an individual in a facility, under the provision s
241	426		of this title, which is specifically tailored to the treatment needs
242	427		of the individual. Each plan shall clearly include the following:
243		-
244	428		a. a statement of treatment goals or objectives, based
245	429		upon and related to a clinical evaluation, which can
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246	456		be reasonably achieved within a designated time
247	457		interval,
248		-
249	458		b. treatment methods and procedures to be used t o obtain
250	459		these goals, which methods and proc edures are related
251	460		to each of these goals and which include sp ecific
252	461		prognosis for achieving each of these goals,
253		-
254	462		c. identification of the types of professional personnel
255	463		who will carry out the treatment procedur es including
256	464		appropriate medical or other pr ofessional involvement
257	465		by a physician or other health professi onal properly
258	466		qualified to fulfill legal requirements mandated under
259	467		state and federal law,
260		-
261	468		d. documentation of involvement by the individual
262	469		receiving treatment and, if applicable, the accordan ce
263	470		of the individual with the treatment plan, and
264		-
265	471		e. a statement attesting that the executive director of
266	472		the facility or clinical director has made a
267		-	reasonable effort to meet the plan's individualized
268		-	treatment goals in the least restrictive environment ~~ENR. H. B. NO. 4227 Page 7~~
	473	+	reasonable effort to meet the plan’s individualized
	474	+	treatment goals in the least restrictive environment
269	475		possible closest to the home community of the
270	476		individual;
271		-
272		-	18. "Telemedicine" means technology-enabled health and ca re
	477	+	18. “Telemedicine” means technology-enabled health and ca re
273	478		management and delivery systems that extend capacity and access,
274	479		which includes:
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275	505
276	506		a. synchronous mechanisms, which may include live
277	507		audiovisual interaction between a patient and a health
278	508		care professional or real-time provider to provider
279	509		consultation through live interactive audiovisual
280	510		means,
281		-
282	511		b. asynchronous mechanisms, which include store and
283	512		forward transfers, online exchange of health
284	513		information between a patient and a health care
285	514		professional and online exchange of health information
286	515		between health care professionals, but shall not
287	516		include the use of automated text messages or
288	517		automated mobile applications that serve as the sole
289	518		interaction between a patient and a health care
290	519		professional,
291		-
292	520		c. remote patient monitoring, and
293		-
294	521		d. other electronic means that support clinical health
295	522		care, professional consultation, patient and
296	523		professional health-related education, public health
297	524		and health administration;
298		-
	525	+	19. “Recovery and recovery support ” means nonclinical services
	526	+	that assist individuals and families t o recover from alcohol or drug
	527	+	problems. They include social support, linkage to and coordinati on
	528	+	among allied service providers including but not limited to
	529	+	transportation to and from treatment or emp loyment, employment
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	556	+	services and job training, case ma nagement and individual services
	557	+	coordination, life skills education, relapse prevention, housin g
	558	+	assistance, child care, and substance abus e education;
	559	+	20. “Assisted outpatient” means a person who:
	560	+	a. is either currently under the care of a facility
	561	+	certified by the Department of Mental Health and
	562	+	Substance Abuse Services as a Community Mental Heal th
	563	+	Center, or is being discharged from the c ustody of the
	564	+	Oklahoma Department of Corrections, or is being
	565	+	discharged from a residential placement by the Office
	566	+	of Juvenile Affairs,
	567	+	b. is suffering from a mental illness,
	568	+	c. is unlikely to survive safely in the community without
	569	+	supervision, based on a clinical determination,
	570	+	d. has a history of lack of complian ce with treatment for
	571	+	mental illness that has:
	572	+	(1) prior to the filing of a petition, at least twice
	573	+	within the last thirty-six (36) months been a
	574	+	significant factor in necessitating
	575	+	hospitalization or treatment in a hospital or
	576	+	residential facility includ ing admission to a
	577	+	community-based structured crisis c enter as
	578	+	certified by the Oklahoma Department of Mental
	579	+	Health and Substance Abuse Services, or receipt
	580	+
	581	+	ENGR. S. A. TO ENGR. H. B. N O. 4227 Page 12 1
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	605	+
	606	+	of services in a forensic or other m ental health
	607	+	unit of a correctional facility, or a specialized
	608	+	treatment plan for treatment of mental illness in
	609	+	a secure juvenile facility or placement in a
	610	+	specialized residential program for juveniles, or
	611	+	(2) prior to the filing of the petition, resulte d in
	612	+	one or more acts of serious violent behavior
	613	+	toward self or others or threats of, or attempts
	614	+	at, serious physical harm to self or others
	615	+	within the last twenty-four (24) months,
	616	+	e. is, as a result of his or her mental illness, unlikely
	617	+	to voluntarily participate in outpatient treatment
	618	+	that would enable him or her to live safely in the
	619	+	community,
	620	+	f. in view of his or her treatment history and current
	621	+	behavior, is in need of assisted outpatient treatment
	622	+	in order to prevent a relapse or deterioration w hich
	623	+	would be likely to result in serious harm to the
	624	+	person or persons as defined in this section, and
	625	+	g. is likely to benefit from assisted outpatient
	626	+	treatment; and
	627	+	21. “Assisted outpatient treatment ” means outpatient services
	628	+	which have been ordered b y the court pursuant to a treatment plan
	629	+	approved by the court to treat an assisted outpatient ’s mental
	630	+
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	656	+	illness and to assist the person in living and functioning in the
	657	+	community, or to attempt to prevent a rela pse or deterioration that
	658	+	may reasonably be predicted to result in suicide or the need for
	659	+	hospitalization; and
	660	+	22. “Urgent recovery clinic ” means a clinic that offers
	661	+	voluntary services aimed at the assessment and immediate
	662	+	stabilization of acute symptoms of mental illness, alcohol and other
	663	+	drug abuse, and emotional distress. Unless the person receiving
	664	+	treatment consents to a longer duration or unless the person is
	665	+	placed into emergency detention under Sections 5-206 through 5-209
	666	+	of this title, no more than twenty-three (23) hours and fifty -nine
	667	+	(59) minutes of services may be provided to a consumer during one
	668	+	episode of care at an urgent recovery clin ic.
	669	+	SECTION 2. AMENDATORY 43A O.S. 2021, Section 5-206, is
	670	+	amended to read as follows:
	671	+	Section 5-206. As used in Sections 5 -206 through 5-209 of this
	672	+	title:
	673	+	1. “Mental health evaluation ” means the examination of a
	674	+	person, either in person or via telemedicine, who appears to have a
	675	+	mental illness or be alcohol- or drug-dependent by two licensed
	676	+	mental health professionals, at least one of whom is a psychiatrist
	677	+	who is a diplomat of the American Board of Psychiatry and Neurolo gy,
	678	+	a licensed clinical psychologist, or a licensed Doctor of Medicin e
	679	+	or Doctor of Osteopathy who has received specific training for and
	680	+
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	705	+
	706	+	is experienced in performing mental health therapeutic, diagnostic,
	707	+	or counseling functions, for the purpose of:
	708	+	a. determining if a petition requesting involuntary
	709	+	commitment or treatmen t is warranted, or
	710	+	b. completing a mental health evaluation pursuant to
	711	+	Section 5-414 of this title, or
	712	+	c. both subparagraphs a and b of this paragraph;
	713	+	2. “Initial assessment (medical n ecessity review)” means the
	714	+	examination of a person, either in person or via telemedicine, who
	715	+	appears to be a mentally ill person, an alcohol -dependent person, or
	716	+	a drug-dependent person and a person requiring treatment, whose
	717	+	condition is such that it ap pears that emergency detention may be
	718	+	warranted by a licensed mental health professional at a f acility
	719	+	approved by the Commissioner of Mental Health and Substance Abuse
	720	+	Services, or a designee, as appropriate for such examination to
	721	+	determine if emergency detention of the person is warranted;
	722	+	3. “Emergency detention” means the detention of a person who
	723	+	appears to be a person requiring treatment in a facility approved by
	724	+	the Commissioner of Mental Health and Substance Abuse Services as
	725	+	appropriate for such detention after the completion of an emergency
	726	+	examination, either in person or via telemedicin e, and a
	727	+	determination that emergency detention is warranted for a period not
	728	+	to exceed one hundred twenty (120) hours or five (5) days, excluding
	729	+	weekends and holidays, except upon a court order authorizing
	730	+
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	755	+
	756	+	detention beyond this period or pending the hear ing on a petition
	757	+	requesting involuntary commitment or treatment as provided by this
	758	+	act Section 5-206 et seq. of this t itle. If during the emergency
	759	+	detention a person who appears to be a person requiring treatment
	760	+	becomes medically unstable, the time limit on the emergency
	761	+	detention period stipulated in this paragraph shall be tolled until
	762	+	the person who appears to be a person requiring treatment is
	763	+	medically stabilized ;
	764	+	4. “Protective custody” means the taking into protect ive
	765	+	custody and detention of a person pursuant to the provisions o f
	766	+	Section 5-208 of this title until such time as an emerge ncy
	767	+	examination is completed and a determination is made as to whether
	768	+	or not emergency detention is wa rranted; and
	769	+	5. “Prehearing detention” means the court-ordered detention of
	770	+	a person who is alleged to be mentally ill, alcohol -dependent, or
	771	+	drug-dependent in a facility approved by the Commissioner as
	772	+	appropriate for such detention , pending a hearing on a petition
	773	+	requesting involuntary commitment or treatment as provided by
	774	+	Section 5-415 of this title.
	775	+	SECTION 3. AMENDATORY 43A O.S. 2021, Section 5-207, is
	776	+	amended to read as follows:
	777	+	Section 5-207. A. Any person who appears to be or states that
	778	+	such person is mentally ill, alcohol -dependent, or drug-dependent to
	779	+	a degree that immediat e emergency action is necessary may be tak en
	780	+
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	805	+
	806	+	into protective custody and detained as provided pursuant to the
	807	+	provisions of this section. Nothing in this section shall be
	808	+	construed as being in lieu of prosecution under state o r local
	809	+	statutes or ordinance s relating to public intoxication offenses .
	810	+	B. 1. Any peace officer who reasonably believes that a person
	811	+	is a person requiring treatment as defined in Section 1 -103 of this
	812	+	title shall take the person into protective custody . The officer
	813	+	shall make every reasonable effort to take the person in to custody
	814	+	in the least conspicuous manner.
	815	+	2. Upon taking the person into protectiv e custody, the officer
	816	+	may relinquish custody of the person believed to require treatment
	817	+	to a duly qualified reserve officer or deputy employed by the same
	818	+	agency to fulfill the officer’s duties as required by this title.
	819	+	C. The officer shall prepare a w ritten statement indicating the
	820	+	basis for the officer’s belief that the person is a person requiring
	821	+	treatment and the circumstan ces under which the officer took the
	822	+	person into protective custody. The officer shall give a copy of
	823	+	the statement to the per son or the person’s attorney upon the
	824	+	request of either. If the officer does not make the determina tion
	825	+	to take an individual in to protective custody on the basis of the
	826	+	officer’s personal observation, the officer shall not be required to
	827	+	prepare a written statement. However, the person stating to be
	828	+	mentally ill, alcohol-dependent or drug-dependent or the person upon
	829	+	whose statement the officer relies shall sign a writte n statement
	830	+
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	855	+
	856	+	indicating the basis for such person’s belief that the person is a
	857	+	person requiring treatment. Any false statement given to the
	858	+	officer by the person upon whose statement t he officer relies shall
	859	+	be a misdemeanor and subject to the sanctions o f Title 21 of the
	860	+	Oklahoma Statutes.
	861	+	D. If the person is medically stable, the offic er shall
	862	+	immediately transport the person to an urgent recovery clinic or to
	863	+	the nearest facility, a s defined in Section 1 -103 of this title, for
	864	+	an initial assessment wit hin a thirty (30) mile radius of the peace
	865	+	officer’s operational headquarters, or may use telemedicine with a
	866	+	licensed mental health professional employed or under contract with
	867	+	a facility operated by, certified by or contracted with the
	868	+	Department of Mental Health and Substance Abuse Services to perform
	869	+	an initial assessment. If, subsequ ent to an initial assessment, it
	870	+	is determined that emergency detention is warranted, the officer
	871	+	shall immediately transport the person to the nearest facility that
	872	+	has bed space available if the facility is within thirty (30) miles
	873	+	of the peace officer’s operational headquarters and the individu al
	874	+	was determined to be a person requiring treatment. The Department
	875	+	of Mental Health and Substance Abuse Services may contract for the
	876	+	use of alternative transportation providers to transport individuals
	877	+	to facilities designated for emergency detention when the nearest
	878	+	facility with available bed space is more than thirty (30) miles
	879	+	from the peace officer’s operational headquarter s and the individual
	880	+
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	905	+
	906	+	was determined to be a person requiring treatment. For the purp oses
	907	+	of this section, “urgent recovery clinics” means clinics that offer
	908	+	voluntary services aimed at the assessment and immediate
	909	+	stabilization of acute symptoms of mental illness, alcohol and other
	910	+	drug abuse and emotional distress,; provided that, unless the person
	911	+	consents to a longer duration, no more than twenty-three (23) hours
	912	+	and fifty-nine (59) minutes of services are provided to a c onsumer
	913	+	during one episode of care. If it is determined by the facility
	914	+	director or designee that the person is not medically stable, the
	915	+	officer shall immediately trans port the person to the nearest
	916	+	hospital or other appropriate treatment facility.
	917	+	E. If the person is medically unstable, the per son may be
	918	+	transported to an appropriate medical facility for medical
	919	+	treatment. A treating ph ysician may authorize that the p erson be
	920	+	detained until the person becomes medi cally stable. The time limit
	921	+	on the emergency detention period stipulated under Section 5-208 of
	922	+	this title shall be tolled until the person who appears to be a
	923	+	person requiring treatment is medically stabili zed. When the person
	924	+	becomes medically stable, if in the opinion of the treating or
	925	+	discharging physician, the patient is still a person requiring
	926	+	treatment as defined in Section 1-103 of this title, the physician
	927	+	shall authorize detention of the patient for transportation as
	928	+	provided in subsection D of this section.
	929	+
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	954	+
	955	+	F. The parent, brother or sister who is eighteen (18) years of
	956	+	age or older, child who is eighteen (18) years of age or older, or
	957	+	guardian of the person, or a person who appears to be or stat es that
	958	+	such person is mentally ill, alcohol -dependent or drug-dependent to
	959	+	a degree that emergency action is necessary may request the
	960	+	administrator of a facility designated by the Commissioner as an
	961	+	appropriate facility for an initial assessment to condu ct an initial
	962	+	assessment to determine whether t he condition of the person is such
	963	+	that emergency detention is warranted and, if emergency detention is
	964	+	warranted, to detain the person as provided in Section Sections 5-
	965	+	206 through 5-209 of this title.
	966	+	SECTION 4. AMENDATORY 43A O .S. 2021, Section 5-208, is
	967	+	amended to read as follows:
	968	+	Section 5-208. A. 1. A consumer in prote ctive custody as
	969	+	provided by Section 5 -207 of this title shall be subject to an
	970	+	initial assessment at the appropriate facility by a licensed mental
	971	+	health professional within twelve (12) hours of being placed in
	972	+	protective custody for the purpose of determ ining whether emergency
	973	+	detention of the consumer is warr anted. The initial assessment of
	974	+	the consumer shall include an appropria te screening and assessment
	975	+	process, as determined by the Departme nt of Mental Health and
	976	+	Substance Abuse Services, designed t o identify possible alcohol or
	977	+	drug abuse or dependency.
	978	+
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	1003	+
	1004	+	2. If, upon examination, the lice nsed mental health
	1005	+	professional determi nes that the consumer is not a p erson requiring
	1006	+	treatment or that the condition of the consumer is such that
	1007	+	emergency detention is not warranted, the consumer shall either be
	1008	+	returned by an officer immediately to the point where the consumer
	1009	+	was taken into protective custody and release d or taken to the home
	1010	+	or residence of such consumer or to an alternative facility. If the
	1011	+	home or residence of the consumer is a nursing home or grou p home,
	1012	+	such home shall not refuse the return of the consumer to his or h er
	1013	+	residence.
	1014	+	3. If, upon examination, the licensed mental health
	1015	+	professional determines that the consumer is a person requi ring
	1016	+	treatment to a degree that emergency detention is wa rranted, the
	1017	+	licensed mental healt h professional shall immediately prepar e a
	1018	+	statement describing the fin dings of the examination and stati ng the
	1019	+	basis for the determination, and the consumer shall b e detained in
	1020	+	emergency detention for a period not to exc eed one hundred twenty
	1021	+	(120) hours or five (5) days, excluding weekends a nd holidays,
	1022	+	except upon a court order authorizing detention pendi ng a hearing on
	1023	+	a petition requesting involuntary commitment or treatment.
	1024	+	4. During the emergency detention period:
	1025	+	a. a mental health evaluation of the consumer shall be
	1026	+	conducted by two licensed mental health professio nals
	1027	+	and, if the consumer appears to have a mental illness
	1028	+
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	1054	+	or be alcohol- or drug-dependent and be a consumer
	1055	+	requiring treatment, and
	1056	+	b. reasonable efforts shall be made to determine w hether
	1057	+	the consumer has a current and unrevoked advance
	1058	+	directive executed pursuant to the Advance Direct ives
	1059	+	for Mental Health Treatment Act.
	1060	+	5. If during the emergency detention the consumer becomes
	1061	+	medically unstable, the time limit on the emergency detention period
	1062	+	stipulated in paragraph 3 of this subsection shall be tolled until
	1063	+	the consumer is treated at a medical facility and is medically
	1064	+	stabilized.
	1065	+	B. 1. If a licensed mental health professional, designated to
	1066	+	have the responsibility by the exec utive director or person in
	1067	+	charge of a hospital, or the executive director or person in charge
	1068	+	of a facility designated by the Commissioner of Mental Health and
	1069	+	Substance Abuse Services as appropriate for emergency detent ion
	1070	+	believes a voluntary consumer to be a person requiring treatment to
	1071	+	a degree that emergency action is necessary, the ho spital or
	1072	+	facility may detain such consumer in emergency detention for a
	1073	+	period not to exceed one hundred twenty (120) hours or five (5)
	1074	+	days, excluding weekends and h olidays, only on the following
	1075	+	conditions:
	1076	+	1. The
	1077	+
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	1102	+
	1103	+	a. the consumer has refused to consent or has withdrawn
	1104	+	consent to voluntary treatment ;,
	1105	+	2. The
	1106	+	b. the consumer has been examined by a licensed mental
	1107	+	health professional who has determined that the
	1108	+	consumer is a person req uiring treatment, the
	1109	+	condition of the consumer is such that emergency
	1110	+	detention is warranted, and a statement has been
	1111	+	prepared as provided in su bsection A of this section ;,
	1112	+	and
	1113	+	3. The
	1114	+	c. the executive director or person in charge or the
	1115	+	designee shall provide for a mental health evaluation
	1116	+	of the consumer by two licensed mental health
	1117	+	professionals.
	1118	+	2. If during the emergency detention the consumer becomes
	1119	+	medically unstable, the time limit on the emergency detention period
	1120	+	stipulated in paragraph 1 of this subsection shall be tolled until
	1121	+	the consumer is treated at a medical facility and is medically
	1122	+	stabilized.
	1123	+	C. Whenever it appears that a co nsumer detained pursuant to the
	1124	+	provisions of this sectio n is no longer a person requiring treatment
	1125	+	and will not require treatment beyond the period of detention, the
	1126	+	consumer shall be discharged and returned by an o fficer to the point
	1127	+
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	1153	+	where he or she was taken into protective custody, or if the
	1154	+	consumer had not been in protective custody, the consumer shall be
	1155	+	taken to the home or residence of the consumer or to an alternative
	1156	+	facility. If the home or residence of t he consumer is a nursing
	1157	+	home or group home, it shall not refuse the return of the consumer
	1158	+	to his or her residence.
	1159	+	D. Whenever it appears that a person detained as provided by
	1160	+	this section will require treatment beyond the period of emergency
	1161	+	detention and the person has refused to consent t o voluntary
	1162	+	treatment, a licensed mental health professio nal conducting an
	1163	+	evaluation of the person or the exe cutive director of the facility
	1164	+	in which the person is being detained, or the designee of the
	1165	+	executive director, shall immediately file a petitio n or request the
	1166	+	district attorney to file a petition wit h the district court as
	1167	+	provided by Section 5-410 of this title, and may request a court
	1168	+	order directing prehearing detention when such detention is
	1169	+	necessary for the protection of the person or othe rs.
	1170	+	SECTION 5. AMENDATORY 43A O.S. 2021, Section 5-302, is
	1171	+	amended to read as foll ows:
	1172	+	Section 5-302. A. Any person may be admitted to a state mental
	1173	+	hospital or state-operated community mental health center or a
	1174	+	private mental health hospital or private community mental health
	1175	+	center on a voluntary basis as an informal consumer when there are
	1176	+	available accommodations and in the judgment of the person in charge
	1177	+
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	1203	+	of the facility or a designee such person may require treatment
	1204	+	therein. Such person may be admitted as an informal consumer
	1205	+	without making formal or written application theref or and any such
	1206	+	informal consumer shall be free to leave such facility on any day
	1207	+	between the hours of 9:00 a.m. and 5:00 p.m. and at such other times
	1208	+	as the person in charge of the fa cility may determine.
	1209	+	B. No person shall be admitted as an informal consumer pursuant
	1210	+	to the provisions of this section to any state mental hospital or
	1211	+	state-operated community mental health center unless the person in
	1212	+	charge of the facility or a designee has informed such consumer in
	1213	+	writing of the following:
	1214	+	1. The rules and procedures of the facility relating to the
	1215	+	discharge of informal consumers;
	1216	+	2. The legal rights of an informal consumer receiving treatment
	1217	+	from the facility; and
	1218	+	3. The types of treatment which are ava ilable to the informal
	1219	+	consumer at the facility.
	1220	+	SECTION 6. AMENDATORY 43A O.S. 2021, Section 5-309, is
	1221	+	amended to read as follows:
	1222	+	Section 5-309. No consumer admitted to a state or private
	1223	+	mental hospital under the provisions of t he Mental Hospital
	1224	+	Voluntary Admission Procedur es Act shall be detained in a mental
	1225	+	hospital against the will of the person more than one hundred twenty
	1226	+	(120) hours or five (5) days, excluding weekends and holidays, after
	1227	+
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	1253	+	the consumer gives notice in writi ng to the executive director of
	1254	+	the facility of the desire of the consumer to be discharged from the
	1255	+	facility. If during the emergency detention the consumer becomes
	1256	+	medically unstable, the time limit on the emergency detention period
	1257	+	stipulated in this section shall be tolled until the consumer is
	1258	+	treated at a medical facility and is medically stabilized . The
	1259	+	executive director of the fa cility may designate one or more
	1260	+	employees of the facility to receive a notification provided b y this
	1261	+	section with the same effect as if delivered to the execu tive
	1262	+	director personally.
	1263	+	SECTION 7. AMENDATORY 43A O.S. 2021, Section 5-415, is
	1264	+	amended to read as follows :
	1265	+	Section 5-415. A. Upon receiving a petition alleging a pe rson
	1266	+	to be a person requiring treatment, the court shall set a day and
	1267	+	time for the hearing.
	1268	+	1. If the person alleged to be a person requiring treatment
	1269	+	does not have an attorney, the court shall immediately appoint an
	1270	+	attorney for the person.
	1271	+	2. If a copy of a mental health ev aluation is not attached to
	1272	+	the petition at the time it is filed, the court shall immediately
	1273	+	order a mental health evaluation of the per son as provided by
	1274	+	Section 5-414 of this title.
	1275	+	B. If the court deems it necessary, or if the person alleged to
	1276	+	be a person requiring treatment demands, the cou rt shall schedule
	1277	+
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	1302	+
	1303	+	the hearing on the petition as a jury trial to be held within one
	1304	+	hundred twenty (120) hours or five (5) days of the demand, excluding
	1305	+	weekends and holidays, or within as m uch additional time as i s
	1306	+	requested by the attorney of such person upon good cause shown.
	1307	+	C. The court, at the hearing on the petition, shall determine
	1308	+	by clear and convincing evidence whether the person is a person
	1309	+	requiring treatment.
	1310	+	1. The court shall take evidence and make findings of fact
	1311	+	concerning the person ’s competency to consent to or refuse the
	1312	+	treatment that may be ordered, including, but not limite d to, the
	1313	+	consumer’s right to refuse medication.
	1314	+	2. If a jury trial is not demanded, the court may receive as
	1315	+	evidence and act upon the affidavits of the licens ed mental health
	1316	+	professionals who evaluated the person and the mental health
	1317	+	evaluation.
	1318	+	3. When the hearing is conducted as a jury trial, the
	1319	+	petitioner and any witness in behalf of the p etitioner shall be
	1320	+	subject to cross-examination by the attorney fo r the person alleged
	1321	+	to be a person requiring treatment. The person alleged to be a
	1322	+	person requiring treatment may also be called as a witness and
	1323	+	cross-examined.
	1324	+	D. After the hearing, whe n the court determines t hat the person
	1325	+	is not a person requiring t reatment, the court shall dismiss the
	1326	+
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	1352	+	petition and, if the person is being detained, order the person to
	1353	+	be discharged from detention.
	1354	+	E. After the hearing, when the court determines the pe rson to
	1355	+	be a person requiring treatment, the court shall order the person to
	1356	+	receive the least restrictive treatment consistent with the
	1357	+	treatment needs of the p erson and the safety of the person and
	1358	+	others.
	1359	+	1. The court shall not order hospitalization wi thout a thorough
	1360	+	consideration of available treatment alternatives to hospitalization
	1361	+	and may direct the submission of evidence as to the least
	1362	+	restrictive treatment alternative or may order a mental health
	1363	+	examination.
	1364	+	2. If the court finds that a progra m other than hospitaliza tion
	1365	+	is appropriate to meet the treatment needs of the individual and is
	1366	+	sufficient to prevent injury to the individual or to others, the
	1367	+	court may order the individual to receive whatever treatment other
	1368	+	than hospitalization that i s appropriate for a peri od set by the
	1369	+	court, during which time the court shall continue its jurisdiction
	1370	+	over the individual as a person requiring treatment.
	1371	+	3. If the court orders the person to be committed for
	1372	+	involuntary inpatient treatment, the court shall commit the person
	1373	+	to the custody of the Department of Mental Health and Substance
	1374	+	Abuse Services for a placement that is suitable to the person ’s
	1375	+
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	1400	+
	1401	+	needs or to a private facility willing to accept the person for
	1402	+	treatment.
	1403	+	4. The person shall be deliv ered to the custody of t he
	1404	+	Department of Mental Health and Substan ce Abuse Services for a
	1405	+	placement that is suitable to the person’s needs or to a private
	1406	+	facility willing to accept the person for treatment.
	1407	+	5. If the person is placed in the custody of th e Department,
	1408	+	the Department may designate two or more facilities to provide
	1409	+	treatment and if the person to be treated or a parent, spouse,
	1410	+	guardian, brother, si ster or child, who is at least eighteen (18)
	1411	+	years of age, of the person, expresses a preferenc e for one such
	1412	+	facility, the Department shall attempt, if administ ratively
	1413	+	possible, to comply with the preference.
	1414	+	6. The person shall be discharged from inpat ient treatment at
	1415	+	such time as the person no longer requires t reatment as determined
	1416	+	by the executive director of the f acility or the designee of the
	1417	+	executive director, or as otherwise required by law.
	1418	+	F. The court shall make and keep records of all case s brought
	1419	+	before it.
	1420	+	1. Except as provided in Section 3 1290.27 of this act Title 21
	1421	+	of the Oklahoma Statutes, no records of proceedings pursuant to this
	1422	+	section shall be open to public inspection excep t by order of the
	1423	+	court or to employees of the Department of Mental Health and
	1424	+	Substance Abuse Services if the person is placed at a state facility
	1425	+
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	1450	+
	1451	+	or the employees of the private facility where admitted if accepted
	1452	+	into a private facility, the person’s attorney of record, the
	1453	+	person’s treatment advocate as defined pursuant to Section 1 -109.1
	1454	+	of this title, if any, a person having a valid power of att orney
	1455	+	with health care decision-making authority, a person having valid
	1456	+	guardianship with health care decision-making authority, a person
	1457	+	having an advance health care directive, a person having an
	1458	+	attorney-in-fact as designated in a valid mental health ad vance
	1459	+	directive or persons having a legitimate treatment interest, unless
	1460	+	specifically indicated otherwise by the instrument or court order.
	1461	+	The documents shall not identify the alleged person requiring
	1462	+	treatment directly or indirectly as a person with a substance abuse
	1463	+	disorder.
	1464	+	2. Bonded abstractors may be deemed to be persons having a
	1465	+	legitimate interest for the purpose of having access to records
	1466	+	regarding determinations of persons requiring treatmen t under this
	1467	+	section.
	1468	+	SECTION 8. AMENDATORY 43A O.S. 2021, Section 5-420, is
	1469	+	amended to read as follows:
	1470	+	Section 5-420. A. The Board of Mental Health and Substance
	1471	+	Abuse Services shall adopt rules and procedures to ensure that
	1472	+	persons involuntarily committed to the facilities of th e Department
	1473	+	of Mental Health and Substance Abuse Services for treatment by a
	1474	+	court receive review of their involuntary status at least once every
	1475	+
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	1500	+
	1501	+	three (3) months, and the Department of Mental Health and Substance
	1502	+	Abuse Services shall take appropriate a ction based upon this revi ew.
	1503	+	B. Any person receiving involuntary inpatient tr eatment, or
	1504	+	such person’s attorney, may at any time file a written request that
	1505	+	the treatment order be reviewed by the committing court, o r a court
	1506	+	in the county where the perso n is located. If a review is
	1507	+	requested, the court shall hear the matter within thirty (30) days
	1508	+	after the request, and the court shall give notice to the person and
	1509	+	such person’s attorney and the person in charge of the facility of
	1510	+	the time and place of t he hearing. The hearing s hall be to
	1511	+	determine if the person can be treated on a less restrictive basis.
	1512	+	At the conclusion of the hearing, the court may confirm the order of
	1513	+	treatment, modify the order of treatment, discharge the respondent,
	1514	+	or enter any appropriate order.
	1515	+	SECTION 9. REPEALER 43A O.S. 2021, Sections 8-101, 8-
	1516	+	103, 8-104, 8-105, 8-106, 8-107, and 8-108, are hereby repealed.
	1517	+	SECTION 10. This act shall become effectiv e November 1, 2022.”
	1518	+
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	1544	+
	1545	+	Passed the Senate the 27th day of April, 2022.
	1546	+
	1547	+
	1548	+
	1549	+	Presiding Officer of the Senate
	1550	+
	1551	+
	1552	+	Passed the House of Representatives the ____ day of __________,
	1553	+	2022.
	1554	+
	1555	+
	1556	+
	1557	+	Presiding Officer of the House
	1558	+	of Representatives
	1559	+
	1560	+	ENGR. H. B. NO. 4227 Page 1 1
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	1562	+	3
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	1584	+
	1585	+	ENGROSSED HOUSE
	1586	+	BILL NO. 4227 By: Boatman of the House
	1587	+
	1588	+	and
	1589	+
	1590	+	Paxton of the Senate
	1591	+
	1592	+
	1593	+
	1594	+
	1595	+	An Act relating to mental health; amending 43A O.S.
	1596	+	2021, Section 1-103, which relates to definitions;
	1597	+	adding definition; amending 43A O.S. 2021, Section 5-
	1598	+	207, which relates to imme diate emergency action;
	1599	+	modifying requirement; amending 43A O.S. 2021,
	1600	+	Section 5-302, which relates to the status of
	1601	+	informal patient; including private centers; amending
	1602	+	43A O.S. 2021, Section 5-309, which relates to
	1603	+	detention of persons; including private centers;
	1604	+	amending 43A O.S. 2021, Section 5-415, which relates
	1605	+	to records; creating exemption; amending 43A O.S.
	1606	+	2021, Section 5-420, which relates to the review
	1607	+	status of persons involuntarily committed; modifying
	1608	+	requirement; repealing 43A O.S. 2021, Sections 8-101,
	1609	+	8-103, 8-104, 8-105, 8-106, 8-107, and 8-108, which
	1610	+	relate to mental health; and pr oviding an effective
	1611	+	date.
	1612	+
	1613	+
	1614	+
	1615	+
	1616	+
	1617	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	1618	+	SECTION 11. AMENDATORY 43A O.S. 2021, Section 1-103, is
	1619	+	amended to read as follows :
	1620	+	Section 1-103. When used in this title, unless oth erwise
	1621	+	expressly stated, or unless the context or subj ect matter otherwise
	1622	+	requires:
	1623	+	1. "Department" means the Department of Mental Health and
	1624	+	Substance Abuse Services;
	1625	+
	1626	+	ENGR. H. B. NO. 4227 Page 2 1
	1627	+	2
	1628	+	3
	1629	+	4
	1630	+	5
	1631	+	6
	1632	+	7
	1633	+	8
	1634	+	9
	1635	+	10
	1636	+	11
	1637	+	12
	1638	+	13
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	1650	+
	1651	+	2. "Chair" means the chair of the Board of Mental Health and
	1652	+	Substance Abuse Services ;
	1653	+	3. "Mental illness" means a substantial disorder of thought,
	1654	+	mood, perception, psychological orientation or memory that
	1655	+	significantly impairs judgm ent, behavior, capacity to recognize
	1656	+	reality or ability to meet the ordinary demands of life;
	1657	+	4. "Board" means the Board of Mental Health and Substance Abuse
	1658	+	Services as established by the Mental Health Law;
	1659	+	5. "Commissioner" means the individual selecte d and appointed
	1660	+	by the Board to serve as Com missioner of Mental Health and Substance
	1661	+	Abuse Services;
	1662	+	6. "Indigent person" means a person who has not sufficient
	1663	+	assets or resources to support the person and to support members of
	1664	+	the family of the person la wfully dependent on the person for
	1665	+	support;
	1666	+	7. "Facility" means any hospital, schoo l, building, house or
	1667	+	retreat, authorized by law to have the care, treatment or custody of
	1668	+	an individual with mental illness, or drug or alcohol dependency,
	1669	+	gambling addiction, eating disorders, an opioid substitutio n
	1670	+	treatment program including, but not l imited to, public or p rivate
	1671	+	hospitals, community mental health centers, cli nics, satellites or
	1672	+	facilities; provided, that facility shall not mean a child guidance
	1673	+	center operated by the State Department of Health;
	1674	+
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	1682	+	8
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	1684	+	10
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	1686	+	12
	1687	+	13
	1688	+	14
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	1690	+	16
	1691	+	17
	1692	+	18
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	1694	+	20
	1695	+	21
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	1699	+
	1700	+	8. "Consumer" means a person under care or treatment in a
	1701	+	facility pursuant to the Mental Health Law, or in an outpa tient
	1702	+	status;
	1703	+	9. "Care and treatment" means medical care and behavioral
	1704	+	health services, as wel l as food, clothing and maintenance,
	1705	+	furnished to a person;
	1706	+	10. Whenever in this la w or in any other law, or in any rule or
	1707	+	order made or promulgated pursuant to this law or to any other law,
	1708	+	or in the printed forms prepared for the admission of consumers or
	1709	+	for statistical reports, the words "insane", "insanity", "lunacy",
	1710	+	"mentally sick", "mental disease" or "mental disorder" are used,
	1711	+	such terms shall have eq ual significance to the words "mental
	1712	+	illness";
	1713	+	11. "Licensed mental health professional " means:
	1714	+	a. a psychiatrist who is a diplomate of th e American
	1715	+	Board of Psychiatry and Neuro logy,
	1716	+	b. a psychiatrist who is a diplomate of the American
	1717	+	Osteopathic Board of Neurology and Psychiatry,
	1718	+	c. a physician licensed pursuant to the Oklahoma
	1719	+	Allopathic Medical and Surgical Licensure and
	1720	+	Supervision Act or the Oklahoma Osteopathic Medicine
	1721	+	Act,
	1722	+
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	1725	+	3
	1726	+	4
	1727	+	5
	1728	+	6
	1729	+	7
	1730	+	8
	1731	+	9
	1732	+	10
	1733	+	11
	1734	+	12
	1735	+	13
	1736	+	14
	1737	+	15
	1738	+	16
	1739	+	17
	1740	+	18
	1741	+	19
	1742	+	20
	1743	+	21
	1744	+	22
	1745	+	23
	1746	+	24
	1747	+
	1748	+	d. a clinical psychologist who is duly licensed to
	1749	+	practice by the State Board of Examiners of
	1750	+	Psychologists,
	1751	+	e. a professional counselor licensed pursuant to the
	1752	+	Licensed Professional Counselors Act,
	1753	+	f. a person licensed as a clinical social worker pur suant
	1754	+	to the provisions of the Social Worker 's Licensing
	1755	+	Act,
	1756	+	g. a licensed marital and family therapist as defined in
	1757	+	the Marital and Family Therapist Licensure Act,
	1758	+	h. a licensed behavioral practitioner as defined in the
	1759	+	Licensed Behavioral Practitioner Act,
	1760	+	i. an advanced practice nurse as defined in the Oklahoma
	1761	+	Nursing Practice Act,
	1762	+	j. a physician's assistant who is licensed in good
	1763	+	standing in this state, or
	1764	+	k. a licensed drug and alcohol counselor/mental health
	1765	+	(LADC/MH) as defined in the Licensed Al cohol and Drug
	1766	+	Counselors Act;
	1767	+	12. "Mentally incompetent person " means any person who has been
	1768	+	adjudicated mentally or legally incompetent by an appropriate
	1769	+	district court;
	1770	+
	1771	+	ENGR. H. B. NO. 4227 Page 5 1
	1772	+	2
	1773	+	3
	1774	+	4
	1775	+	5
	1776	+	6
	1777	+	7
	1778	+	8
	1779	+	9
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	1781	+	11
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	1783	+	13
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	1785	+	15
	1786	+	16
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	1788	+	18
	1789	+	19
	1790	+	20
	1791	+	21
	1792	+	22
	1793	+	23
	1794	+	24
	1795	+
	1796	+	13. a. "Person requiring treatment " means a person who
	1797	+	because of his or her menta l illness or drug or
	1798	+	alcohol dependency:
	1799	+	(1) poses a substantial risk of imm ediate physical
	1800	+	harm to self as manifested by evidence or serious
	1801	+	threats of or attempts at suic ide or other
	1802	+	significant self-inflicted bodily harm,
	1803	+	(2) poses a substantial risk of immediate physical
	1804	+	harm to another person or persons as manifested
	1805	+	by evidence of violent behavior directed toward
	1806	+	another person or persons,
	1807	+	(3) has placed another person or persons in a
	1808	+	reasonable fear of violent behavior directed
	1809	+	towards such person or persons or serious
	1810	+	physical harm to them as manifested by serious
	1811	+	and immediate threats,
	1812	+	(4) is in a condition of severe deterioration such
	1813	+	that, without immediate interve ntion, there
	1814	+	exists a substantial risk that severe impairment
	1815	+	or injury will result to the person, or
	1816	+	(5) poses a substantial risk of immediate serious
	1817	+	physical injury to self or death as manifested by
	1818	+	evidence that the person is unable to provide for
	1819	+
	1820	+	ENGR. H. B. NO. 4227 Page 6 1
	1821	+	2
	1822	+	3
	1823	+	4
	1824	+	5
	1825	+	6
	1826	+	7
	1827	+	8
	1828	+	9
	1829	+	10
	1830	+	11
	1831	+	12
	1832	+	13
	1833	+	14
	1834	+	15
	1835	+	16
	1836	+	17
	1837	+	18
	1838	+	19
	1839	+	20
	1840	+	21
	1841	+	22
	1842	+	23
	1843	+	24
	1844	+
	1845	+	and is not providing for his or her basic
	1846	+	physical needs.
	1847	+	b. The mental health or substa nce abuse history of t he
	1848	+	person may be used as part of the evidence to
	1849	+	determine whether the person is a person requiring
	1850	+	treatment or an assisted outpatient. The mental
	1851	+	health or substance abuse history of the pers on shall
	1852	+	not be the sole basis for this determination.
	1853	+	c. Unless a person also meets the criteria established in
	1854	+	subparagraph a or b of this paragraph, "person
	1855	+	requiring treatment" or an "assisted outpatient" shall
	1856	+	not mean:
	1857	+	(1) a person whose mental proce sses have been
	1858	+	weakened or impaired by r eason of advanced year s,
	1859	+	dementia, or Alzheimer 's disease,
	1860	+	(2) a person with intellectual or developmental
	1861	+	disability as defined in Title 10 of the Oklahoma
	1862	+	Statutes,
	1863	+	(3) a person with seizure disorder,
	1864	+	(4) a person with a traumatic brain injury, or
	1865	+	(5) a person who is homeless .
	1866	+	d. A person who meets the criteria established in th is
	1867	+	section but who is medically unstable, or the facility
	1868	+	holding the person is unable to treat the additional
	1869	+
	1870	+	ENGR. H. B. NO. 4227 Page 7 1
	1871	+	2
	1872	+	3
	1873	+	4
	1874	+	5
	1875	+	6
	1876	+	7
	1877	+	8
	1878	+	9
	1879	+	10
	1880	+	11
	1881	+	12
	1882	+	13
	1883	+	14
	1884	+	15
	1885	+	16
	1886	+	17
	1887	+	18
	1888	+	19
	1889	+	20
	1890	+	21
	1891	+	22
	1892	+	23
	1893	+	24
	1894	+
	1895	+	medical conditions of that pe rson, should be
	1896	+	discharged and transport ed in accordance with Section
	1897	+	1-110 of this title;
	1898	+	14. "Petitioner" means a person who files a petition alleging
	1899	+	that an individual is a person requiring treatment or an a ssisted
	1900	+	outpatient;
	1901	+	15. "Executive director" means the person in charge of a
	1902	+	facility as defined in this section;
	1903	+	16. "Private hospital or facility " means any general hospital
	1904	+	maintaining a neuro-psychiatric unit or ward, or any private
	1905	+	hospital or facility for care and treatment of a person havin g a
	1906	+	mental illness, which is not support ed by the state or fed eral
	1907	+	government. The term "private hospital" or "facility" shall not
	1908	+	include nursing homes or other facilities maintained primarily for
	1909	+	the care of elderly and disabled persons;
	1910	+	17. "Individualized treatment plan " means a proposal developed
	1911	+	during the stay of an individual in a facility, under the provision s
	1912	+	of this title, which is specifically tailored to the treatment needs
	1913	+	of the individual. Each plan shall clearly include the following:
	1914	+	a. a statement of treatment goals or objec tives, based
	1915	+	upon and related to a clinical evaluation, which can
	1916	+	be reasonably achieved within a designated time
	1917	+	interval,
	1918	+
	1919	+	ENGR. H. B. NO. 4227 Page 8 1
	1920	+	2
	1921	+	3
	1922	+	4
	1923	+	5
	1924	+	6
	1925	+	7
	1926	+	8
	1927	+	9
	1928	+	10
	1929	+	11
	1930	+	12
	1931	+	13
	1932	+	14
	1933	+	15
	1934	+	16
	1935	+	17
	1936	+	18
	1937	+	19
	1938	+	20
	1939	+	21
	1940	+	22
	1941	+	23
	1942	+	24
	1943	+
	1944	+	b. treatment methods and procedures to be used t o obtain
	1945	+	these goals, which methods and proc edures are related
	1946	+	to each of these goal s and which include sp ecific
	1947	+	prognosis for achieving each of these goals,
	1948	+	c. identification of the types of professional personnel
	1949	+	who will carry out the treatment procedur es including
	1950	+	appropriate medical or other pr ofessional involvement
	1951	+	by a physician or other health professi onal properly
	1952	+	qualified to fulfill legal requirements mandated under
	1953	+	state and federal law,
	1954	+	d. documentation of involvement by the individual
	1955	+	receiving treatment and, if applicable, the accordan ce
	1956	+	of the individual with the treatment plan, and
	1957	+	e. a statement attesting that the executive director of
	1958	+	the facility or clinical director has made a
	1959	+	reasonable effort to meet the plan 's individualized
	1960	+	treatment goals in the least restrictive environment
	1961	+	possible closest to the home community o f the
	1962	+	individual;
	1963	+	18. "Telemedicine" means technology-enabled health and ca re
	1964	+	management and delivery systems that extend capacity and access,
	1965	+	which includes:
	1966	+	a. synchronous mechanisms, which may include live
	1967	+	audiovisual interaction between a patient and a health
	1968	+
	1969	+	ENGR. H. B. NO. 4227 Page 9 1
	1970	+	2
	1971	+	3
	1972	+	4
	1973	+	5
	1974	+	6
	1975	+	7
	1976	+	8
	1977	+	9
	1978	+	10
	1979	+	11
	1980	+	12
	1981	+	13
	1982	+	14
	1983	+	15
	1984	+	16
	1985	+	17
	1986	+	18
	1987	+	19
	1988	+	20
	1989	+	21
	1990	+	22
	1991	+	23
	1992	+	24
	1993	+
	1994	+	care professional or real-time provider to provider
	1995	+	consultation through live interactive audiovisual
	1996	+	means,
	1997	+	b. asynchronous mechanisms, which include store and
	1998	+	forward transfers, online exchange of health
	1999	+	information between a patient and a healt h care
	2000	+	professional and online exchange of health information
	2001	+	between health care professionals, but shall not
	2002	+	include the use of automated text messages or
	2003	+	automated mobile applications that serve as the sole
	2004	+	interaction between a patient and a health car e
	2005	+	professional,
	2006	+	c. remote patient monitoring, and
	2007	+	d. other electronic means that support clinical health
	2008	+	care, professional consultation, patient and
	2009	+	professional health-related education, public health
	2010	+	and health administration;
299	2011		19. "Recovery and recover y support" means nonclinical services
300	2012		that assist individuals and families t o recover from alcohol or drug
301	2013		problems. They include social support, linkage to and coordinati on
302	2014		among allied service providers including but not limited to
303	2015		transportation to and from treatment or emp loyment, employment
304	2016		services and job training, case ma nagement and individual services
	2017	+
	2018	+	ENGR. H. B. NO. 4227 Page 10 1
	2019	+	2
	2020	+	3
	2021	+	4
	2022	+	5
	2023	+	6
	2024	+	7
	2025	+	8
	2026	+	9
	2027	+	10
	2028	+	11
	2029	+	12
	2030	+	13
	2031	+	14
	2032	+	15
	2033	+	16
	2034	+	17
	2035	+	18
	2036	+	19
	2037	+	20
	2038	+	21
	2039	+	22
	2040	+	23
	2041	+	24
	2042	+
305	2043		coordination, life skills education, relapse prevention, housin g
306	2044		assistance, child care, and substance abus e education;
307		-
308	2045		20. "Assisted outpatient" means a person who:
309		-
310	2046		a. is either currently under the care of a facility
311	2047		certified by the Department of Mental Health and
312	2048		Substance Abuse Services as a Community Mental Heal th
313		-	Center, or is being discharged from the c ustody of the ~~ENR. H. B. NO. 4227 Page 8~~
	2049	+	Center, or is being discharged from the c ustody of the
314	2050		Oklahoma Department of Cor rections, or is being
315	2051		discharged from a residential placement by the Office
316	2052		of Juvenile Affairs,
317		-
318	2053		b. is suffering from a mental illness,
319		-
320	2054		c. is unlikely to survive safely in the community without
321	2055		supervision, based on a clinical determination,
322		-
323	2056		d. has a history of lack of complian ce with treatment for
324	2057		mental illness that has:
325		-
326	2058		(1) prior to the filing of a petition, at least twice
327	2059		within the last thirty -six (36) months been a
328	2060		significant factor in necessitating
329	2061		hospitalization or treatment in a hospital or
330	2062		residential facility includ ing admission to a
331	2063		community-based structured crisis c enter as
332	2064		certified by the Oklahoma Department of Mental
333	2065		Health and Substance Abuse Services, or receipt
334	2066		of services in a forensic or other m ental health
	2067	+
	2068	+	ENGR. H. B. NO. 4227 Page 11 1
	2069	+	2
	2070	+	3
	2071	+	4
	2072	+	5
	2073	+	6
	2074	+	7
	2075	+	8
	2076	+	9
	2077	+	10
	2078	+	11
	2079	+	12
	2080	+	13
	2081	+	14
	2082	+	15
	2083	+	16
	2084	+	17
	2085	+	18
	2086	+	19
	2087	+	20
	2088	+	21
	2089	+	22
	2090	+	23
	2091	+	24
	2092	+
335	2093		unit of a correctional faci lity, or a specialized
336	2094		treatment plan for treatment of mental illness in
337	2095		a secure juvenile facility or placement in a
338	2096		specialized residential program for juveniles, or
339		-
340	2097		(2) prior to the filing of the petition, resulte d in
341	2098		one or more acts of serious violent behavior
342	2099		toward self or others or threats of, or attempts
343	2100		at, serious physical harm to self or others
344	2101		within the last twenty-four (24) months,
345		-
346	2102		e. is, as a result of his or her mental illness, unlikely
347	2103		to voluntarily participate in outpatient treatment
348	2104		that would enable him or her to live safely in the
349	2105		community,
350		-
351	2106		f. in view of his or her treatment history and current
352	2107		behavior, is in need of assisted outpatient treatment
353	2108		in order to prevent a relapse or deterioration w hich
354	2109		would be likely to result in seriou s harm to the
355	2110		person or persons as defined in this section, and
356		-
357	2111		g. is likely to benefit from assisted outpatient
358		-	treatment; and ENR. H. B. NO. 4227 Page 9
359		-
	2112	+	treatment; and
360	2113		21. "Assisted outpatient treatment " means outpatient services
361	2114		which have been ordered b y the court pursuant to a treatment plan
362	2115		approved by the court to treat an assisted outpatient 's mental
363	2116		illness and to assist the person in living and functioning in the
	2117	+
	2118	+	ENGR. H. B. NO. 4227 Page 12 1
	2119	+	2
	2120	+	3
	2121	+	4
	2122	+	5
	2123	+	6
	2124	+	7
	2125	+	8
	2126	+	9
	2127	+	10
	2128	+	11
	2129	+	12
	2130	+	13
	2131	+	14
	2132	+	15
	2133	+	16
	2134	+	17
	2135	+	18
	2136	+	19
	2137	+	20
	2138	+	21
	2139	+	22
	2140	+	23
	2141	+	24
	2142	+
364	2143		community, or to attempt to prevent a rela pse or deterioration that
365	2144		may reasonably be predicted to result in suicide or the ne ed for
366	2145		hospitalization; and
367		-
368		-	22. "Urgent recovery clinic " means a clinic that offers
	2146	+	22. "Urgent recovery clinics " means clinics that offer
369	2147		voluntary services aimed at the assessment and immediate
370	2148		stabilization of acute symptoms of mental illness, alcohol and other
371	2149		drug abuse, and emotional distress. Unless the person receiving
372		-	treatment consents to a longer duration or unless the person is
373		-	placed into emergency detention under Sections 5-206 through 5-209
374		-	of this title, no more than twenty-three (23) hours and fifty -nine
375		-	(59) minutes of services may be provided to a consumer during one
376		-	episode of care at an urgent recovery clin ic.
377		-
378		-	SECTION 2. AMENDATORY 43A O.S. 2021, Section 5-206, is
	2150	+	treatment consents to a longer duration, or if the person is placed
	2151	+	into emergency detention status, no more than twenty-three (23)
	2152	+	hours and fifty-nine (59) minutes of services may be provided to a
	2153	+	consumer during one episode of care at an urgent recovery clin ic.
	2154	+	SECTION 12. AMENDATORY 43A O.S. 2021, Section 5-207, is
379	2155		amended to read as follows:
380		-
381		-	Section 5-206. As used in Sections 5 -206 through 5-209 of this
382		-	title:
383		-
384		-	1. "Mental health evaluation " means the examination of a
385		-	person, either in person or via telemedicine, who appears to have a
386		-	mental illness or be alcohol- or drug-dependent by two licensed
387		-	mental health professionals, at least one of whom is a psychiatrist
388		-	who is a diplomat of the American Board of Psychiatry and Neurolo gy,
389		-	a licensed clinical psychologist, or a licensed Doctor of Medicin e
390		-	or Doctor of Osteopat hy who has received specific training for and
391		-	is experienced in performing mental health therapeutic, diagnostic,
392		-	or counseling functions, for the purpose of:
393		-
394		-	a. determining if a petition requesting involuntary
395		-	commitment or treatmen t is warranted, or
396		-
397		-	b. completing a mental health evaluation pursuant to
398		-	Section 5-414 of this title, or
399		-
400		-	c. both subparagraphs a and b of this paragraph;
401		-
402		-	2. "Initial assessment (medical n ecessity review)" means the
403		-	examination of a person, either in person or via telemedicine, who ENR. H. B. NO. 4227 Page 10
404		-	appears to be a mentally ill person, an alcohol -dependent person, or
405		-	a drug-dependent person and a person requiring treatment, whose
406		-	condition is such that it ap pears that emergency detention may be
407		-	warranted by a licensed mental health professional at a facility
408		-	approved by the Commissioner of Mental Health and Substance Abuse
409		-	Services, or a designee, as appropriate for such examination to
410		-	determine if emergency detention of the person is warranted;
411		-
412		-	3. "Emergency detention" means the detention of a person who
413		-	appears to be a person requiring treatment in a facility approved by
414		-	the Commissioner of Mental Health and Substance Abuse Services as
415		-	appropriate for such detention after the completion of an emergency
416		-	examination, either in person or via telemedicine, and a
417		-	determination that emergency detention is warranted for a period not
418		-	to exceed one hundred twenty (120) hours or five (5) days, excluding
419		-	weekends and holidays, except upon a court order authorizing
420		-	detention beyond this period or pending the hearing on a petition
421		-	requesting involuntary commitment or treatment as provided by this
422		-	act Section 5-206 et seq. of this t itle. If during the emergency
423		-	detention a person who appears to be a person requiring treatment
424		-	becomes medically unstable, the time limit on the emergency
425		-	detention period stipulated in this paragraph shall be tolled until
426		-	the person who appears to be a person requiring treatment is
427		-	medically stabilized ;
428		-
429		-	4. "Protective custody" means the taking into protect ive
430		-	custody and detention of a person pursuant to the provisions o f
431		-	Section 5-208 of this title until such time as an emerge ncy
432		-	examination is completed and a determination is made as to whether
433		-	or not emergency detention is wa rranted; and
434		-
435		-	5. "Prehearing detention" means the court-ordered detention of
436		-	a person who is alleged to be mentally ill, alcohol -dependent, or
437		-	drug-dependent in a facility approved by the Commissioner as
438		-	appropriate for such detention , pending a hearing on a petition
439		-	requesting involuntary commitment or treatment as provided by
440		-	Section 5-415 of this title.
441		-
442		-	SECTION 3. AMENDATORY 43A O.S. 2021, Section 5-207, is
443		-	amended to read as follows:
444		-
445	2156		Section 5-207. A. Any person who ap pears to be or states that
446	2157		such person is mentally ill, alcohol -dependent, or drug-dependent to
447	2158		a degree that immediate emergency action is necessary may be tak en
448		-	into protective custody and detained as provided pursuant to the ~~ENR. H. B. NO. 4227 Page 11~~
	2159	+	into protective custody and detained as provided pursuant to the
449	2160		provisions of this section. Nothing in this section shall be
450	2161		construed as being in lieu of prosecution under st ate or local
451	2162		statutes or ordinances relating to public intoxication offenses .
452		-
453	2163		B. 1. Any peace officer who reasonably believes that a person
454	2164		is a person requiring treatmen t as defined in Section 1 -103 of this
455	2165		title shall take the person into protective cu stody. The officer
	2166	+
	2167	+	ENGR. H. B. NO. 4227 Page 13 1
	2168	+	2
	2169	+	3
	2170	+	4
	2171	+	5
	2172	+	6
	2173	+	7
	2174	+	8
	2175	+	9
	2176	+	10
	2177	+	11
	2178	+	12
	2179	+	13
	2180	+	14
	2181	+	15
	2182	+	16
	2183	+	17
	2184	+	18
	2185	+	19
	2186	+	20
	2187	+	21
	2188	+	22
	2189	+	23
	2190	+	24
	2191	+
456	2192		shall make every reasonable effort to take the person in to custody
457	2193		in the least conspicuous manner.
458		-
459	2194		2. Upon taking the person into protective custody, the officer
460	2195		may relinquish custody of the person believed to require treatment
461	2196		to a duly qualified reserve officer or deputy employed by the same
462	2197		agency to fulfill the officer's duties as required by this title.
463		-
464	2198		C. The officer shall prepare a written stat ement indicating the
465	2199		basis for the officer's belief that the person is a person requ iring
466	2200		treatment and the circumstances under which the officer took the
467	2201		person into protective custody. The officer shall give a copy of
468	2202		the statement to the person or the person's attorney upon the
469	2203		request of either. If the officer does not make the dete rmination
470	2204		to take an individual into protective custody on the basis of the
471	2205		officer's personal observation, the officer shall not be required to
472	2206		prepare a written statement . However, the person stating to be
473	2207		mentally ill, alcohol -dependent or drug-dependent or the person upon
474	2208		whose statement the officer relies shall sign a writte n statement
475	2209		indicating the basis for such person's belief that the person is a
476	2210		person requiring treatment. Any false statement given to the
477	2211		officer by the person upon whose statem ent the officer relies shall
478	2212		be a misdemeanor and subject to the sanctions o f Title 21 of the
479	2213		Oklahoma Statutes.
480		-
481	2214		D. If the person is medically stable, the officer shall
482	2215		immediately transport the person to an urgent recovery clinic or to
	2216	+
	2217	+	ENGR. H. B. NO. 4227 Page 14 1
	2218	+	2
	2219	+	3
	2220	+	4
	2221	+	5
	2222	+	6
	2223	+	7
	2224	+	8
	2225	+	9
	2226	+	10
	2227	+	11
	2228	+	12
	2229	+	13
	2230	+	14
	2231	+	15
	2232	+	16
	2233	+	17
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483	2242		the nearest facility, as defined in Section 1 -103 of this title, for
484	2243		an initial assessment wit hin a thirty (30) mile radius of the peace
485	2244		officer's operational headquarters, or may use teleme dicine with a
486	2245		licensed mental health professional employed or under contract with
487	2246		a facility operated by, certified by or contracted with the
488	2247		Department of Mental Health and Substance Abuse Services to perform
489	2248		an initial assessment. If, subsequent to an i nitial assessment, it
490	2249		is determined that emergency detention is warranted, the offic er
491	2250		shall immediately transport the person to the nearest facility that
492	2251		has bed space available if the facility is within thirty (30) miles
493		-	of the peace officer's operational headquarters and the individu al ~~ENR. H. B. NO. 4227 Page 12~~
	2252	+	of the peace officer 's operational headquarters and the individu al
494	2253		was determined to be a person requiring treatment. The Department
495	2254		of Mental Health and Substance Abuse Services may contract for the
496	2255		use of alternative transportation providers to transport individuals
497	2256		to facilities designated for emergency detention w hen the nearest
498	2257		facility with available bed space is more than thirty (30) miles
499	2258		from the peace officer 's operational headquarter s and the individual
500	2259		was determined to be a person requiring treatment. For the purposes
501	2260		of this section, "urgent recovery clinics" means clinics that offer
502		-	voluntary services aimed at the assessment and immediate
503		-	stabilization of acute symptoms of mental illness, alcohol and other
504		-	drug abuse and emotional distress,; provided that, unless the person
505		-	consents to a longer duration, no more than twenty-three (23) hours
506		-	and fifty-nine (59) minutes of services are provided to a c onsumer
507		-	during one episode of care. If it is determined by the facility
508		-	director or designee that the person is not medically stable, the
509		-	officer shall immediately trans port the person to the nearest
510		-	hospital or other appropriate treatment facility.
511		-
	2261	+	services aimed at the assessment and immediate stabilization of
	2262	+	acute symptoms of mental illness, alcohol and other drug abuse and
	2263	+	emotional distress,; provided that, unless the person consents to a
	2264	+	longer duration, no more than twenty-three (23) hours and fifty -nine
	2265	+	(59) minutes of services are provided to a consumer during one
	2266	+
	2267	+	ENGR. H. B. NO. 4227 Page 15 1
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	2292	+	episode of care. If it is determined by the facility director or
	2293	+	designee that the person is not medically stable, the officer shall
	2294	+	immediately transport the person to the nearest hospital or other
	2295	+	appropriate treatment facility.
512	2296		E. If the person is medically unstable, the per son may be
513	2297		transported to an appropriate medical facility for medical
514	2298		treatment. A treating ph ysician may authorize that the p erson be
515		-	detained until the person becomes medi cally stable. The time limit
516		-	on the emergency detention period stipulated under Section 5-208 of
517		-	this title shall be tolled until the person who appears to be a
518		-	person requiring treatment is medically stabili zed. When the person
	2299	+	detained until the person becomes medically stable. When the person
519	2300		becomes medically stable, if in the opinion of the treating or
520	2301		discharging physician, the patient is still a person requiring
521	2302		treatment as defined in Section 1-103 of this title, the physician
522	2303		shall authorize detention of the pati ent for transportation as
523	2304		provided in subsection D of this section.
524		-
525	2305		F. The parent, brother or sister who is eighteen (18) years of
526	2306		age or older, child who is eighteen (18) years of age or older, or
527	2307		guardian of the person, or a person who appears to be or states that
528	2308		such person is mentally ill, alcohol -dependent or drug-dependent to
529	2309		a degree that emergency action is necessary may request the
530	2310		administrator of a facility desi gnated by the Commissioner as an
531	2311		appropriate facility for an initial assessment to c onduct an initial
532	2312		assessment to determine whether the condition of the person is such
533	2313		that emergency detention is warranted and, if emergency detention is
534		-	warranted, to detain the person as provided in Section Sections 5-
535		-	206 through 5-209 of this title.
536		-
537		-	SECTION 4. AMENDATORY 43A O .S. 2021, Section 5-208, is
538		-	amended to read as follows: ENR. H. B. NO. 4227 Page 13
539		-
540		-	Section 5-208. A. 1. A consumer in prote ctive custody as
541		-	provided by Section 5 -207 of this title shall be subject to an
542		-	initial assessment at the appropriate facility by a licensed mental
543		-	health professional within twelve (12) hours of being placed in
544		-	protective custody for the purpose of determ ining whether emergency
545		-	detention of the consumer is warr anted. The initial assessment of
546		-	the consumer shall include an appropriate screening and assessment
547		-	process, as determined by the Departme nt of Mental Health and
548		-	Substance Abuse Services, designed t o identify possible alcohol or
549		-	drug abuse or dependency.
550		-
551		-	2. If, upon examination, the lice nsed mental health
552		-	professional determines that the consumer is not a p erson requiring
553		-	treatment or that the condition of the consumer is such that
554		-	emergency detention is not warranted, the consumer shall either be
555		-	returned by an officer immediately to the point where the consumer
556		-	was taken into protective custody and release d or taken to the home
557		-	or residence of such consumer or to an alternative facility. If the
558		-	home or residence of the consumer is a nursing home or grou p home,
559		-	such home shall not refuse the return of the consumer to his or her
560		-	residence.
561		-
562		-	3. If, upon examination, the licensed mental health
563		-	professional determines that the consumer is a person requi ring
564		-	treatment to a degree that emergency detention is wa rranted, the
565		-	licensed mental healt h professional shall immediately prepare a
566		-	statement describing the fin dings of the examination and stati ng the
567		-	basis for the determination, and the consumer shall b e detained in
568		-	emergency detention for a period not to exc eed one hundred twenty
569		-	(120) hours or five (5) days, excluding weekends and holidays,
570		-	except upon a court order authorizing detention pendi ng a hearing on
571		-	a petition requesting involuntary commitment or treatment.
572		-
573		-	4. During the emergency detention period:
574		-
575		-	a. a mental health evaluation of the consumer shall be
576		-	conducted by two licensed mental health professio nals
577		-	and, if the consumer appears to have a mental illness
578		-	or be alcohol- or drug-dependent and be a consumer
579		-	requiring treatment, and
580		-
581		-	b. reasonable efforts shall be made to determine w hether
582		-	the consumer has a current and unrevoked advance ENR. H. B. NO. 4227 Page 14
583		-	directive executed pursuant to the Advance Direct ives
584		-	for Mental Health Treatment Act.
585		-
586		-	5. If during the emergency detention the consumer becomes
587		-	medically unstable, the time limit on the emergency detention period
588		-	stipulated in paragraph 3 of this subsection shall be tolled until
589		-	the consumer is treated at a medical facility and is medically
590		-	stabilized.
591		-
592		-	B. 1. If a licensed mental health professional, designated to
593		-	have the responsibility by the exec utive director or person in
594		-	charge of a hospital, or the executive director or person in charge
595		-	of a facility designated by the Commissioner of Mental Health and
596		-	Substance Abuse Services as appropriate for emergency detent ion
597		-	believes a voluntary consumer to be a person requiring treatment to
598		-	a degree that emergency action is necessary, the ho spital or
599		-	facility may detain such consumer in emergency detention for a
600		-	period not to exceed one hundred twenty (120) hours or five (5)
601		-	days, excluding weekends and h olidays, only on the following
602		-	conditions:
603		-
604		-	1. The
605		-
606		-	a. the consumer has refused to consent or has withdrawn
607		-	consent to voluntary treatment ;,
608		-
609		-	2. The
610		-
611		-	b. the consumer has been examined by a licensed mental
612		-	health professional who has determined that the
613		-	consumer is a person requiring treatment, the
614		-	condition of the consumer is such that emergency
615		-	detention is warranted, and a statement has been
616		-	prepared as provided in su bsection A of this section ;,
617		-	and
618		-
619		-	3. The
620		-
621		-	c. the executive director or person in charge or the
622		-	designee shall provide for a mental health evaluation
623		-	of the consumer by two licensed mental health
624		-	professionals.
625		-
626		-	2. If during the emergency detention the consumer becomes
627		-	medically unstable, the time limit on the emergency detention period ENR. H. B. NO. 4227 Page 15
628		-	stipulated in paragraph 1 of this subsection shall be tolled until
629		-	the consumer is treated at a medical facility and is medically
630		-	stabilized.
631		-
632		-	C. Whenever it appears that a co nsumer detained pursuant to the
633		-	provisions of this sectio n is no longer a person requiring treatment
634		-	and will not require treatment beyond the period of detention, the
635		-	consumer shall be discharged and returned by an o fficer to the point
636		-	where he or she was taken into protective custody, or if the
637		-	consumer had not been in protective custody, the consumer shall be
638		-	taken to the home or residence of the consumer or to an alternative
639		-	facility. If the home or residence of t he consumer is a nursing
640		-	home or group home, it shall not refuse the return of the consumer
641		-	to his or her residence.
642		-
643		-	D. Whenever it appears that a person detained as provided by
644		-	this section will require treatment beyond the period of emergency
645		-	detention and the person has refused to consent t o voluntary
646		-	treatment, a licensed mental health professio nal conducting an
647		-	evaluation of the person or the executive director of the facility
648		-	in which the person is being detained, or the designee of the
649		-	executive director, shall immediately file a petitio n or request the
650		-	district attorney to file a petition wit h the district court as
651		-	provided by Section 5-410 of this title, and may request a court
652		-	order directing prehearing detention when such detention is
653		-	necessary for the protection of the person or othe rs.
654		-
655		-	SECTION 5. AMENDATORY 43A O.S. 2021, Section 5-302, is
	2314	+	warranted, to detain the person as provided in Se ction 5-206 of this
	2315	+	title.
	2316	+
	2317	+	ENGR. H. B. NO. 4227 Page 16 1
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	2341	+
	2342	+	SECTION 13. AMENDATORY 43A O.S. 2021, Section 5-302, is
656	2343		amended to read as foll ows:
657		-
658	2344		Section 5-302. A. Any person may be admitted to a state mental
659	2345		hospital or state-operated community mental health center or a
660	2346		private mental health hospital or pr ivate community mental health
661	2347		center on a voluntary basis as an informal consumer when there are
662	2348		available accommodations and in the judgment of the person in charge
663	2349		of the facility or a designee such person may require treatment
664	2350		therein. Such person may be admitte d as an informal consumer
665	2351		without making formal or written application theref or and any such
666	2352		informal consumer shall be free to leave such facility on any day
667	2353		between the hours of 9:00 a.m. and 5:00 p.m. and at such other times
668	2354		as the person in charge of t he facility may determine.
669		-
670	2355		B. No person shall be admitted as an informal consumer pursuant
671	2356		to the provisions of this section to any state mental hospital or
672		-	state-operated community mental health center unless the person in ~~ENR. H. B. NO. 4227 Page 16~~
	2357	+	state-operated community mental health center unless the person in
673	2358		charge of the facility or a designee has informed such consumer in
674	2359		writing of the following:
675		-
676	2360		1. The rules and procedures of the facility relating to the
677	2361		discharge of informal consumers;
678		-
679	2362		2. The legal rights of an informal consumer receiving treatment
680	2363		from the facility; and
681		-
682	2364		3. The types of treatment which are available to the informal
683	2365		consumer at the facility.
684	2366
685		-	SECTION 6. AMENDATORY 43A O.S. 2021, Section 5-309, is
	2367	+	ENGR. H. B. NO. 4227 Page 17 1
	2368	+	2
	2369	+	3
	2370	+	4
	2371	+	5
	2372	+	6
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	2390	+	24
	2391	+
	2392	+	SECTION 14. AMENDATORY 43A O.S. 2021, Section 5-309, is
686	2393		amended to read as follows:
687		-
688	2394		Section 5-309. No consumer admitted to a state or private
689	2395		mental hospital under the provisions of the Mental Hospital
690	2396		Voluntary Admission Procedur es Act shall be detained in a mental
691	2397		hospital against the will of the person more than one hundred twenty
692	2398		(120) hours or five (5) days, excluding weekends and holidays, after
693	2399		the consumer gives notice in writing to the executive director of
694	2400		the facility of the desire of the consumer to be discharged from the
695		-	facility. If during the emergency detention the consumer becomes
696		-	medically unstable, the time limit on the emergency detention period
697		-	stipulated in this section shall be tolled until the consumer is
698		-	treated at a medical facility and is medically stabilized . The
699		-	executive director of the fa cility may designate one or more
700		-	employees of the facility to receive a notification provided b y this
701		-	section with the same effect as if delivered to the executive
702		-	director personally.
703		-
704		-	SECTION 7. AMENDATORY 43A O.S. 2021, Section 5-415, is
	2401	+	facility. The executive director of the fa cility may designate one
	2402	+	or more employees of the facility to receive a notification provided
	2403	+	by this section with the same effect as if delivered to the
	2404	+	executive director personally.
	2405	+	SECTION 15. AMENDATORY 43A O.S. 2021, Section 5-415, is
705	2406		amended to read as follows :
706		-
707	2407		Section 5-415. A. Upon receiving a petition al leging a person
708	2408		to be a person requiring treatment, the court shall set a day and
709	2409		time for the hearing.
710		-
711	2410		1. If the person alleged to be a person requiring treatment
712	2411		does not have an attorney, the court shall immediately appoint an
713	2412		attorney for the person.
714		-
715	2413		2. If a copy of a mental health ev aluation is not attached to
716		-	the petition at the time it is filed, the court shall immediately ENR. H. B. NO. 4227 Page 17
	2414	+	the petition at the time it is filed, the court shall immediately
	2415	+
	2416	+	ENGR. H. B. NO. 4227 Page 18 1
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	2439	+	24
	2440	+
717	2441		order a mental health evaluation of the per son as provided by
718	2442		Section 5-414 of this title.
719		-
720	2443		B. If the court deems it necessary, or if the person alleged to
721	2444		be a person requiring treatment demands, the cou rt shall schedule
722	2445		the hearing on the petition as a jury trial to be held within one
723	2446		hundred twenty (120) hours or five (5) days of the demand, excluding
724	2447		weekends and holidays, or within as much additional time as i s
725	2448		requested by the attorney of such person upon good cause shown.
726		-
727	2449		C. The court, at the hearing on the petition, shall determine
728	2450		by clear and convincing evidence whether the person is a person
729	2451		requiring treatment.
730		-
731	2452		1. The court shall take evidence and make findings of fact
732	2453		concerning the person 's competency to consent to or refuse the
733	2454		treatment that may be ordered, including, but not limite d to, the
734	2455		consumer's right to refuse medication.
735		-
736	2456		2. If a jury trial is not demanded , the court may receive as
737	2457		evidence and act upon the affidavits of the licens ed mental health
738	2458		professionals who evaluated the person and the mental health
739	2459		evaluation.
740		-
741	2460		3. When the hearing is conducted as a jury trial, the
742	2461		petitioner and any witness in beha lf of the petitioner shall be
743	2462		subject to cross-examination by the attorney fo r the person alleged
744	2463		to be a person requiring treatment. The person alleged to be a
	2464	+
	2465	+	ENGR. H. B. NO. 4227 Page 19 1
	2466	+	2
	2467	+	3
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	2469	+	5
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	2489	+
745	2490		person requiring treatment may also be called as a witness and
746	2491		cross-examined.
747		-
748	2492		D. After the hearing, when the court determines t hat the person
749	2493		is not a person requiring t reatment, the court shall dismiss the
750	2494		petition and, if the person is being detained, order the person to
751	2495		be discharged from detention.
752		-
753	2496		E. After the hearing, when the court determ ines the person to
754	2497		be a person requiring treatment, the court shall order the person to
755	2498		receive the least restrictive treatment consistent with the
756	2499		treatment needs of the p erson and the safety of the person and
757	2500		others.
758		-
759	2501		1. The court shall not order hospita lization without a thorough
760	2502		consideration of available treatment alternatives to hospitalization
761		-	and may direct the submission of evidence as to the least ~~ENR. H. B. NO. 4227 Page 18~~
	2503	+	and may direct the submission of evidence as to the least
762	2504		restrictive treatment alternative or may order a mental health
763	2505		examination.
764		-
765	2506		2. If the court finds th at a program other than hospitaliza tion
766	2507		is appropriate to meet the treatment needs of the individual and is
767	2508		sufficient to prevent injury to the individual or to others, the
768	2509		court may order the individual to receive whatever treatment other
769	2510		than hospitalization that is appropriate for a peri od set by the
770	2511		court, during which time the court shall continue its jurisdiction
771	2512		over the individual as a person requiring treatment.
772	2513
	2514	+	ENGR. H. B. NO. 4227 Page 20 1
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	2520	+	7
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	2538	+
773	2539		3. If the court orders the person to be committed for
774	2540		involuntary inpatient treatment, the court shall commit the person
775	2541		to the custody of the Department of Mental Health and Substance
776	2542		Abuse Services for a placement that is suitable to the person 's
777	2543		needs or to a private facility willing to accept the person for
778	2544		treatment.
779		-
780	2545		4. The person shall be delivered to the custody of t he
781	2546		Department of Mental Health and Substan ce Abuse Services for a
782	2547		placement that is suitable to the person's needs or to a private
783	2548		facility willing to accept the person for treatment.
784		-
785	2549		5. If the person is placed in the cu stody of the Department,
786	2550		the Department may designate two or more facilities to provide
787	2551		treatment and if the person to be treated or a parent, spouse,
788	2552		guardian, brother, si ster or child, who is at least eighteen (18)
789	2553		years of age, of the person, expresses a preference for one such
790	2554		facility, the Department shall attempt, if administ ratively
791	2555		possible, to comply with the preference.
792		-
793	2556		6. The person shall be discharged from inpat ient treatment at
794	2557		such time as the person no longer requires treatment as determined
795	2558		by the executive director of the f acility or the designee of the
796	2559		executive director, or as otherwise required by law.
797		-
798	2560		F. The court shall make and keep records of all case s brought
799	2561		before it.
	2562	+
	2563	+	ENGR. H. B. NO. 4227 Page 21 1
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800	2587
801	2588		1. Except as provided in Section 3 1290.27 of this act Title 21
802	2589		of the Oklahoma Statutes , no records of proceedings pursuant to this
803	2590		section shall be open to public inspection excep t by order of the
804	2591		court or to employees of the Department of Mental Health and
805	2592		Substance Abuse Services if the person is placed at a state facility
806		-	or the employees of the ~~private~~ facility where admitted if accepted ~~ENR. H. B. NO. 4227 Page 19~~
	2593	+	or the employees of the pr ivate facility where admitted if accepted
807	2594		into a private facility , the person's attorney of record, the
808	2595		person's treatment advocate as defined pursuant to Section 1 -109.1
809	2596		of this title, if any, a person having a valid p ower of attorney
810	2597		with health care decision -making authority, a person having valid
811	2598		guardianship with heal th care decision-making authority, a person
812	2599		having an advance health care directive, a person having an
813	2600		attorney-in-fact as designated in a valid menta l health advance
814	2601		directive or persons having a legitimate treatment interest, unless
815	2602		specifically indicat ed otherwise by the instrument or court order.
816	2603		The documents shall not identify the alleged person requiring
817	2604		treatment directly or indirectly as a per son with a substance abuse
818	2605		disorder.
819		-
820	2606		2. Bonded abstractors may be deemed to be persons having a
821	2607		legitimate interest for the purpose of having access to records
822	2608		regarding determinations of persons requiring treatmen t under this
823	2609		section.
824		-
825		-	SECTION 8. AMENDATORY 43A O.S. 2021, Section 5-420, is
	2610	+	SECTION 16. AMENDATORY 43A O.S. 2021, Section 5-420, is
826	2611		amended to read as follows:
	2612	+
	2613	+	ENGR. H. B. NO. 4227 Page 22 1
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	2636	+	24
827	2637
828	2638		Section 5-420. A. The Board of Mental Health and Substance
829	2639		Abuse Services shall adopt rules and procedures to ensure that
830	2640		persons involuntarily committed to the facilities of the Department
831	2641		of Mental Health and Substance Abuse Services for treatment by a
832	2642		court receive review of their involuntary status at least once every
833	2643		three (3) months, and the Department of Mental Health and Substance
834	2644		Abuse Services shall take appr opriate action based upon this review.
835		-
836	2645		B. Any person receiving involuntary inpatient treatment, or
837	2646		such person's attorney, may at any time file a written request that
838	2647		the treatment order be reviewed by the committing court, o r a court
839	2648		in the county where the person is located. If a review is
840	2649		requested, the court shall hear the matter within thirty (30) days
841	2650		after the request, and t he court shall give notice to the person and
842	2651		such person's attorney and the person in charge of the facility of
843	2652		the time and place of the hearing. The hearing shall be to
844	2653		determine if the person can be treated on a less restrictiv e basis.
845	2654		At the conclusion of the hearing, the court may confirm the order of
846	2655		treatment, modify the order of treatment, discharge the respondent,
847	2656		or enter any appropriate order.
848		-
849		-	SECTION 9. REPEALER 43A O.S. 2021, Sections 8-101, 8-
850		-	103, 8-104, 8-105, 8-106, 8-107, and 8-108, are hereby repealed.
851		-	ENR. H. B. NO. 4227 Page 20
852		-	SECTION 10. This act shall become effectiv e November 1, 2022.
853		-
854		-
855		-	ENR. H. B. NO. 4227 Page 21
856		-	Passed the House of Representatives the 12th day of May, 2022.
	2657	+	SECTION 17. REPEALER 43A O.S. 2021, Sections 8-101, 8-
	2658	+	103, 8-104, 8-105, 8-106, 8-107 and 8-108, are hereby repealed.
	2659	+	SECTION 18. This act shall become effectiv e November 1, 2022.
	2660	+
	2661	+
	2662	+	ENGR. H. B. NO. 4227 Page 23 1
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	2686	+
	2687	+	Passed the House of Representatives the 15th day of March, 2022.
857	2688
858	2689
859	2690
860	2691
861	2692		Presiding Officer of the House
862	2693		of Representatives
863	2694
864	2695
865		-	Passed the Senate the ~~27th~~ day of ~~April~~, 2022.
	2696	+	Passed the Senate the ___ day of __________, 2022.
866	2697
867	2698
868	2699
869	2700
870	2701		Presiding Officer of the Senate
871	2702
872	2703
873	2704
874		-	OFFICE OF THE GOVERNOR
875		-	Received by the Office of the Governor this ____________________
876		-	day of ___________________, 20_______, at _______ o'clock _______ M.
877		-	By: _________________________________
878		-	Approved by the Governor of the State of Oklahoma this _____ ____
879		-	day of ___________________, 20_______, at _______ o 'clock _______ M.
880		-
881		-
882		-	_________________________________
883		-	Governor of the State of Oklahoma
884		-
885		-	OFFICE OF THE SECRETARY OF STATE
886		-	Received by the Office of the Secretary of State this __________
887		-	day of ___________________, 20_______, at _______ o 'clock _______ M.
888		-	By: _________________________________