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ENGROSSED SENATE
BILL NO. 3 By: Bullard, David and
Bergstrom of the Senate
and
Humphrey and Wallace of the
House
An Act relating to transportation for mental health
services by law enforcement; amen ding 43A O.S. 2011,
Section 1-110, as last amended by Section 1, Chapter
374, O.S.L. 2016 (43A O.S. Supp. 2020, Se ction 1-
110), which relates to law enforcement responsibility
for transporting persons for me ntal health services;
authorizing certain use of telemedicine; providing
definitions; amending certain responsibility;
authorizing certain agreements; amending 43A O.S.
2011, Section 5-207, as amended by Section 2, Chapter
296, O.S.L. 2012 (43A O.S. Supp. 20 20, Section 5-
207), which relates to the Local Law Enforcemen t
Mental Health Manpower Act; amending certain
transportation responsibility ; providing for certain
contracting; removing certain transportation
determinants; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 43A O.S. 2011, Section 1 -110, as
last amended by Section 1, Chapter 374, O.S.L. 2016 (43A O.S. Supp.
2020, Section 1-110), is amended to read as follows:
Section 1-110. A. Sheriffs and peace officers may utilize
telemedicine, when such capability is available and is in the
possession of the local law enforcement agency, to have a person
whom the officer reasonably belie ves is a person requiring
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treatment, as defined in Section 1-103 of this title, assessed by a
licensed mental health professional employed by or under contract
with a facility operated by, certified by or contracted with the
Department of Mental Health and Substance Abuse Services. To serve
the mental health needs of persons of their jurisdi ction, peace
officers shall be responsible for transporting individuals in need
of initial assessment, emergency detention or protec tive custody
from the initial point of contact to and from designated sites or
facilities for the purpose of examination, em ergency detention,
protective custody and inpatient services the nearest facility, as
defined in Section 1-103 of this title, within a thirty (30) mile
radius of the peace officer’s operational headquarters. If there is
not a facility within a thirty (30) mile radius of the peace
officer’s operational headquarters, transportation to a facility
shall be completed by either the Department of Mental Health and
Substance Abuse Services or an entity contracted by the Department
for alternative transportation. For purposes of this section,
“initial contact” is defined as contact with an individual in need
of assessment, emergency detention or p rotective custody made by a
law enforcement officer. In itial contact in thi s section does not
include an individual self-presenting at a facili ty as defined in
Section 1-103 of this title.
B. A municipal law enforcement agency shall be responsible for
transportation as provided in this act for any individual found
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within such municipality’s jurisdiction. The county sheri ff shall
be responsible for transportation as provided in this act for any
individual found outside of a municipality’s jurisdiction, but
within the county.
C. The law enforcement agency transporting an individu al to and
from designated sites or facilitie s pursuant to the provis ions of
this section shall maintain responsibility for the transportation of
such individual pending completion of the examination, emergency
detention, protective custody and inpatient se rvices Once an
individual has been presented to the facility, as provided in
subsection A of this section, by a transporting law enforcement
officer, the transporting law enforceme nt agency shall be
responsible for any subsequent transp ortation of such ind ividual
pending completion of the initial assessment, emergency detention,
protective custody or inpatient services within a thirty (30) mile
radius of the peace officer’s operational headquarters. All
transportation over thirty (30) miles must be complet ed by either
the Department of Mental Health and Substance Abuse Services or an
entity contracted by the Department for alternative transportation .
D. Sheriffs and peace officers shall be entitled to
reimbursement from the Department of Mental Healt h and Substance
Abuse Services for transportation services associated with minors or
adults requiring examination initial assessment, emergency
detention, protective custody and i npatient services.
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E. Any transportation provided by a sheriff or deputy sheriff
or a peace officer on behalf of any county, c ity, town or
municipality of this state, to or from any facility for the purp ose
of examination initial assessment, admission, interfacility
transfer, medical treatment or court appearance shall be reimbursed
in accordance with the provisions o f the State Travel Reimbursement
Act.
F. Nothing in this section shall prohibit a law enforcement
agency or the Department of Mental Health and Substance Abuse
Services from entering into a lawful agreement with any other l aw
enforcement agency to fulfill the require ments established by thi s
section or from contracting with a third party to provide the
services established by this section provided the third part y meets
minimum standards as determined by the Department . Standards
determined by the Department shall not exceed the standards re quired
by law enforcement.
G. A law enforcement agency shall not be lia ble for the actions
of a peace officer commissioned by the agency when s uch officer is
providing services as a third party pursuant to subsection F of this
section outside his or her p rimary employment as a peace officer.
SECTION 2. AMENDATORY 43A O.S. 2011, Section 5 -207, as
amended by Section 2, Cha pter 296, O.S.L. 2012 (43A O.S. Supp. 20 20,
Section 5-207), is amended to read as follow s:
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Section 5-207. A. Any person who appears to be or states that
such person is mentally ill, alcohol-dependent, or drug-dependent to
a degree that immediate emergenc y action is necessary may be taken
into protective custody and detained as provided purs uant to the
provisions of this section. Nothing in this section shall be
construed as being in lieu of prosecution under state or local
statutes or ordinances relating to public intoxication offenses.
B. 1. Any peace officer who reasonably believes that a person
is a person requiring treatment as defined in Section 1 -103 of this
title shall take the person into protective custody. The officer
shall make every reasona ble effort to take the person into custody
in the least conspicuous manner.
2. Upon taking the person into prot ective custody, the officer
may relinquish custody of the per son believed to require treatment
to a duly qualified reserve officer or deputy emp loyed by the same
agency to fulfill the off icer’s duties as required by this title.
C. The officer shall prepar e a written statement indicating the
basis for the officer ’s belief that the person is a person requiring
treatment and the circumstances under which the officer took the
person into protective custody. The officer shall give a cop y of
the statement to the person or the person’s attorney upon the
request of either. If the officer does not make the determination
to take an individual into protect ive custody on the basis of the
officer’s personal observation, the officer shall not be required to
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prepare a written statement. However, the person stating to be
mentally ill, alcohol-dependent, or drug-dependent or the person
upon whose statement the o fficer relies shall sign a written
statement indicating the basis for such person ’s belief that the
person is a person requiring treatment. Any false statement given
to the officer by the person upon whose statement the officer relies
shall be a misdemean or and subject to the sanctions of Title 2 1 of
the Oklahoma Statutes.
D. If the person is medically stable, the officer shall
immediately transport the person to an urgent recovery clinic or to
the nearest facility designated by the Commissioner of Me ntal Health
and Substance Abuse Services as a n appropriate facility, as defined
in Section 1-103 of this title, for an initial assessment within a
thirty (30) mile radius of the peace officer ’s operational
headquarters, or may use telemedicine with a licensed mental health
professional employed or un der contract with a facility operated by,
certified by or contracted with the Department of Mental Health and
Substance Abuse Services to perform an initial assessment . If,
subsequent to an initial assessment, it is determined that emergency
detention is warranted, the officer shall immediately transport the
person to the nearest facility, designated by the Commissioner as
appropriate for such detention, that has bed space available if the
facility is within thirty (30) miles of the peace officer’s
operational headquarters and the individual was determ ined to be a
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person requiring treatment. The Department of Mental H ealth and
Substance Abuse Services may contract for the use of alternative
transportation providers to transport individuals to facilities
designated for emergency deten tion when the nearest facility with
available bed space is more than thirty (30) miles from the peace
officer’s operational headquarters and the indiv idual was determined
to be a person requiring treatment. For the purposes of this
section, “urgent recovery clinics ” means clinics that offer services
aimed at the assessment and immediate stabilization of acute
symptoms of mental illness, alcohol and other drug abuse and
emotional distress, provided no more than twenty-three (23) hours
and fifty-nine (59) minutes of services a re provided to a consumer
during one episode of care. If it is determined by the facility
director or designee that the person is not medically stable, the
officer shall immediately transport the person to the nearest
hospital or other appropriate treatme nt facility.
E. If the person is medically unstable, the person may be
transported to an appropriate medical facility for medical
treatment. A treating physician may authorize that the person be
detained until the person becomes medically stable. When t he person
becomes medically stable, if in the opinion of the treating or
discharging physician, the patient is still a person requiring
treatment as defined in Sect ion 1-103 of this title, the physician
shall authorize detention of the patient for transpor tation as
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provided in subsection D of this section by an appropriate law
enforcement agency.
F. If the nearest facility designated by the Commissioner as an
appropriate facility for an initial assessment or de tention is in
excess of fifty (50) miles from the county seat of the c ounty in
which the person is located, and whenever, as provided in paragraph
(b) of Article III of Section 6 -201 of this title, there are fa ctors
based upon clinical determinations made within the state indicating
that the care and treatment of the person would be facilitated or
improved thereby, the person may be transported by the officer to a
facility in another state if the facility:
1. Is located in a state that has enacted into law and entered
into the Interstate Compact on Me ntal Health;
2. Is designated or accredited by the mental health authorities
of that state as an appropriate facility for an initial assessment
or detention of such person;
3. Is accredited by the Joint Commi ssion;
4. Is the nearest available facility t o the county seat of the
county in which the person is located; and
5. Has agreed prior to the person leaving the state to receive
the person for initial assessmen t or detention.
G. The parent, brother or sis ter who is eighteen (18) years of
age or older, child who is eighteen (18) years of age or older, or
guardian of the person, or a person who appears to be or states that
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such person is mentally ill, alcohol -dependent, or drug-dependent to
a degree that emergency action is necessary may request the
administrator of a facility designated by the Commissioner as an
appropriate facility for an initial assessment to conduct an initial
assessment to determine whether t he condition of the person is such
that emergency detention is warranted and, if emergency d etention is
warranted, to detain the person as provided in Section 5-206 of this
title.
SECTION 3. This act shall become effective November 1, 2021.
Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Represent atives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives