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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2864 By: Wallace of the House
and
Bullard of the Senate
COMMITTEE SUBSTITUTE
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 subject to fiscal year
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limitations, and shall consist of all monies received by the
Department from appropriations or other monies directed to the fund .
All monies accruing to t he credit of the fund are hereby
appropriated and may be budgeted and ex pended 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 Director 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 utili ze
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 beli eves is a person requiring
treatment, as define d in Section 1-103 of this title, assessed by a
licensed mental health pro fessional employed by or under contrac t
with a facility operated 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 protective 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
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thirty-mile radius of the peace officer 's operational headquarters.
If there is not a facility within a thirty (30) mile thirty-mile
radius of the peace officer's operational headquarters,
transportation to a the nearest 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 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 enfo rcement
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 f or
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 municipali ty's
jurisdiction, but within the count y.
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 Services or an
entity contracted by the Department shall be responsible for any
subsequent transportation of such individual pending completion of
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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
(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 officers 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, em ergency detention, protective
custody and inpatient services.
E. Any transportation provided by a sheriff 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, interfacil ity transfer, medical
treatment or court appearance shall be reimbursed 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 Subs tance Abuse
Services from entering into a lawful agreement with any 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 Department.
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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
providing services as a third party pursuant to subsec tion F of this
section outside his or her primary employment as a peace officer.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
02/20/2023 - DO PASS, As Amended and Coauthored.