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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2864 By: Wallace
AS INTRODUCED
An Act relating to mental health; creating the Mental
Health Transport Revolving Fund ; establishing fund
characteristics; authorizing expenditure of funds;
providing procedures for expenditures; amending 43A
O.S. 2021, Section 1 -110, which relates to law
enforcement responsibility for transporting persons
for mental health services; limiting transportation
to certain area under certain condition; requiring
transportation responsibility of specified entities;
defining term; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-110.1 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the Sta te Treasury a revolving fund
for the Department of Mental Health and Substance Abuse Services to
be designated the "Mental Health Transport Revolving Fun d". The
fund shall be a continuing fund, not s ubject to fiscal year
limitations, and shall consist of all monies received by the
Department from appropriations or other monies directed to the fund .
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All monies accruing to t he credit of the fund are hereby
appropriated and may be budgeted and expended by the Department to
carry out the provisions provided f or in Section 1-110 of Title 43A
of the Oklahoma Statutes. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Dire ctor of the Office of Management and
Enterprise Services for approval and payment.
SECTION 2. AMENDATORY 43A O.S. 2021, 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 loca l law enforcement agency, to have a person
whom the officer reasonably beli eves is a person requiring
treatment, as define d in Section 1-103 of this title, assessed by a
licensed mental health professional employed by or under contrac t
with a facility oper ated by, certified by or contracted with the
Department of Mental Health an d Substance Abuse Services. To serve
the mental health needs of persons of their jurisdiction, peace
officers shall be responsible for transporting individual s in need
of initial assessment, emergency detention or p rotective custody
from the initial point of contact to the nearest facility, as
defined in Section 1-103 of this title, within a thirty (30) mile
thirty-mile radius of the peace officer 's operational headquarter s.
If there is not a facility within a thirty (30) mile thirty-mile
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radius of the peace officer's operational headquarters,
transportation to a facility shall be c ompleted 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 s ection, "initial contact" is defined as
contact with an individual in need of a ssessment, emergency
detention or protective custody made by a law enforcement officer.
Initial contact in this section does not include an individual self-
presenting at a faci lity as defined in Section 1 -103 of this title.
B. A municipal law enforcement ag ency shall be responsible for
transportation as provided in this act section for any individual
found within such municipality's jurisdiction. The county sheriff
shall be responsible for transportation as provided in this act
section for any individual fo und outside of a municipality 's
jurisdiction, but within the county.
C. 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 enforcement agency
Department of Mental Health and Substance Abuse S ervices or an
entity contracted by the D epartment shall be responsible for any
subsequent transportation of such individual pending completion of
the initial assessmen t, emergency detention, protective custody or
inpatient services within a thirty (30) mile radius of the peace
officer's operational headquarters. All transportation over thirty
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(30) miles must be co mpleted 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 officer s shall be entitled to
reimbursement from the Department of Mental Health and Substance
Abuse Services for transportation service s associated with minors or
adults requiring initial assessment, emergency detention, protective
custody and inpatient services .
E. Any transportation provided by a sherif f or deputy sheriff
or a peace officer on behalf of any county, city, town or
municipality of this state, to or from any facility for the purpose
of initial assessment, admission, interfacility transfer, medical
treatment or court appearance shall be reimb ursed in accordance with
the provisions of 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 an y other law
enforcement agency to fulfill the requirements established by this
section or from contracting with a third party to provide the
services established by this section provided the third party meets
minimum standards as determined by the Departme nt.
G. A law enforcement ag ency shall not be liable for the actions
of a peace officer commissioned by the agency when such officer is
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providing services as a third party pursuant to subsection F of this
section outside his or her primary employment as a peace officer.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5971 JM 01/19/23