OK
Oklahoma House Bill HB2864

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2864 Compare Versions

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30-April 12, 2023
28+STATE OF OKLAHOMA
3129
30+1st Session of the 59th Legislature (2023)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 2864 By: Wallace of the House
34+HOUSE BILL 2864 By: Wallace of the House
3635
3736 and
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3938 Bullard of the Senate
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43+
44+COMMITTEE SUBSTITUTE
4445
4546 [ mental health - fund - expenditures - mental health
4647 services - transport - protective custody and
4748 detention - codification - effective date ]
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5354 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5455 SECTION 1. NEW LAW A new secti on of law to be codified
5556 in the Oklahoma Statutes as Section 1-110.1 of Title 43A, unless
5657 there is created a duplication in numbering, reads as foll ows:
5758 There is hereby created in the Sta te Treasury a revolving fund
5859 for the Department of Mental Health and Substance Abuse Services to
5960 be designated the “Mental Health Transport Revolving Fun d”. The
6061 fund shall be a continuing fund, not subject to fiscal year
6162 limitations, and shall consist of all monies received by the
6263 Department from appropriations or other monies directed to the fund.
6364 All monies accruing to the credit of the fund are hereby
64-appropriated and may be budgeted and ex pended by the Department to
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91+appropriated and may be budgeted and ex pended by the Department to
9292 carry out the provisions of Section 1-110 of Title 43A of the
9393 Oklahoma Statutes. Expenditures from the fund shall be made upon
9494 warrants issued by the State Treasurer against claims filed as
9595 prescribed by law with the Director of the Office of Management and
9696 Enterprise Services for approval and payment.
9797 SECTION 2. AMENDATORY 43A O.S. 2021, Section 1-110, is
9898 amended to read as follows:
9999 Section 1-110. A. Sheriffs As an alternative to transport
100100 under subsection B of this section for the sole purpose of initial
101101 assessment of a person who the officer reasonably believes is a
102102 person requiring treatment, as defined in Section 1-103 of this
103103 title, sheriffs and peace officers may request an assessment at the
104104 point of initial contact by the Department of Mental Health and
105105 Substance Abuse Services . To conduct the assessment, the Department
106106 may utilize telemedicine:
107107 1. Telemedicine, when such capability is available and is
108108 through a mobile computing device in the possession of the local law
109109 enforcement agency, to have a person whom the officer reasonably
110110 believes is a person requiri ng treatment, as define d in Section 1-
111111 103 of this title, the person assessed by a licensed mental health
112112 professional employed by or under contrac t with a facility operated
113113 by, certified by or contracted with the Department of Mental Health
114114 and Substance Abuse Servic es; or
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142141 2. An in-person assessment by a licensed mental health
143142 professional on a mobile crisis response team or who is employed by
144143 or under contract with a facility operated by, certified by or
145144 contracted with the Department .
146145 B. 1. To serve the mental health needs of perso ns of their
147146 jurisdiction, peace officers shall b e responsible for transporting
148147 individuals in need of:
149148 a. initial assessment, except when the individual has
150149 been assessed at the point of initial contact by the
151150 Department under subsection A of thi s section, or
152151 b. emergency detention or protective custody under
153152 Section 5-207 of this title, unless the officer has
154153 already transported the individual to the facility for
155154 initial assessment,
156155 from the initial point of initial contact to the nearest facility,
157156 as defined in Section 1-103 of this title, that is appropriate for
158157 initial assessment o r treatment of the individual within a thirty
159158 (30) mile thirty-mile radius of the peace officer’s operational
160159 headquarters.
161160 If there is not a facility within a thirty (30) mile radius of
162161 the peace officer’s operational headquar ters, transportation
163162 2. Transportation to a the nearest appropriate facility shall
164163 be completed by either the Depa rtment of Mental Health and Substance
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192190 Abuse Services or an entity contracted by the Department for
193191 alternative transportation if:
194192 a. there is not an appropriate facility within a thirty-
195193 mile radius of the peace officer ’s operational
196194 headquarters, or
197195 b. the officer has already transported the individual to
198196 an appropriate facility for initial ass essment.
199197 3. For purposes of this section, “initial contact” is defined
200198 as contact with an individual in need of assessment, emergency
201199 detention or protective custody made by a law enfo rcement officer.
202200 Initial contact in this section does not include an individual self-
203201 presenting at a facility as defined in Section 1-103 of this title.
204202 4. When an individual self-presents at a facility as defined in
205203 Section 1-103 of this title or at a medical facility and is placed
206204 into protective custody under Section 5 -207 of this title due to a
207205 determination that the in dividual is a person requiring treatment as
208206 defined in Section 1 -103 of this title, and if transport to another
209207 facility is needed for initial assessment or treatment, the person
210208 shall be transported to th e nearest appropriate facility as provided
211209 by this subsection.
212210 5. When an individual self-presents at a facility as defined in
213211 Section 1-103 of this title or at a medical facility and is not
214212 placed into protective cus tody under Section 5 -207 of this title,
215213 but consents to voluntary transport to a faci lity as defined in
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243240 Section 1-103 of this title for treatment, transport or the
244241 arrangement of transport shall be the responsibility of the facil ity
245242 receiving the individual, unless the individual chooses to arrange
246243 his or her own transportation.
247244 6. The transportation requirements provided by this subsection,
248245 to the extent such requi rements are applicable to peace officers,
249246 shall be considered fulfilled once the person has been transported
250247 to the facility, the officer has made contact with the appropriate
251248 staff of the facility, and the staff of the facility ha ve determined
252249 that the patient does not present a clear or immediate threat to his
253250 or her own safety or to the safety of the staff of the facility.
254251 Once custody of the individual has been transferred to the
255252 appropriate facility staff, the peace officer shall not be required
256253 to remain at the facility with the individual pending initial
257254 assessment or treatment.
258255 B. C. A municipal law enforcement agency shall be responsible
259256 for transportation as provided in this act section for any
260257 individual found within such municipality’s jurisdiction. The
261258 county sheriff shall be responsible for transportation as provided
262259 in this act section for any individual found outside of a
263260 municipality’s jurisdiction, but within the count y.
264261 C. D. Once an individual has been presented to the an
265262 appropriate facility, as provided in subsection A B of this section,
266263 by a transporting law enforcement officer, the transporting law
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294290 enforcement agency the Department of Mental Health and Substance
295291 Abuse Services or an entity contracted by the Department shall be
296292 responsible for any subs equent transportation of such individual
297293 pending completion of the initial assessmen t, emergency detention,
298294 protective custody or inpatient services within a thirty (30) mile
299295 radius of the peace officer’s operational headquarters. All
300296 transportation over thirty (30) miles must be completed by either
301297 the Department of Mental Health and Su bstance Abuse Services or an
302298 entity contracted by the Department for alternative transportation.
303299 D. E. Sheriffs and peace officers shall be entitled to
304300 reimbursement from the Department of Mental Health and Substance
305301 Abuse Services for transportation servic es associated with minors or
306302 adults requiring initial assessment, emergency detention, protective
307303 custody and inpatient services.
308304 E. F. Any transportation provided by a sherif f or deputy
309305 sheriff or a peace officer on behalf of any county, city, town or
310306 municipality of this state, to or from any facility for the purpose
311307 of initial assessment, admission, interfacil ity transfer, medical
312308 treatment or court appearance shall be reimb ursed in accordance with
313309 the provisions of the State Travel Reimbursement Act.
314310 F. G. Nothing in this section shall prohibit a law enforcement
315311 agency or the Department of Mental Health and Subs tance Abuse
316312 Services from entering into a lawful agreement with an y other law
317313 enforcement agency to fulfill the requirements established by thi s
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345340 section or from contracting with a third party to provide the
346341 services established by this section, provided the third party meets
347342 minimum standards as determined by the Departm ent.
348343 G. H. A law enforcement agency shall not be liable for the
349344 actions of a peace officer commissioned by the agency when such
350345 officer is providing services as a third party pursuant to
351346 subsection F G of this section outside his or her primary employment
352347 as a peace officer.
353348 SECTION 3. AMENDATORY 43A O.S. 2021, Section 5-207, as
354349 amended by Section 3, Chapter 297, O.S.L. 2022 (43A O.S. Supp. 2022,
355350 Section 5-207), is amended to read as follows:
356351 Section 5-207. A. Any person who appears to be or states that
357352 such person is mentally ill, alcohol-dependent, or drug-dependent to
358353 a degree that immediate emergency action is necessary may be ta ken
359354 into protective custody and detained as provided pursuant to the
360355 provisions of this section. Nothing in this section shall be
361356 construed as being in lieu of prosecution und er state or local
362357 statutes or ordinances relating to public intoxication offense s.
363358 B. 1. Any peace officer who reasonably believes that a person
364359 is a person requiring treatment as defined in Section 1-103 of this
365360 title shall take the person into protecti ve custody. The officer
366361 shall make every reasonable effort to take the person i nto custody
367362 in the least conspicuous manner.
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395389 2. Upon taking the person into protectiv e custody, the officer
396390 may relinquish custody of the person believed to require treatment
397391 to a duly qualified reserve officer or deputy employed by the same
398392 agency to fulfill the officer’s duties as required by this title.
399393 C. The officer shall prepare a w ritten statement indicating the
400394 basis for the officer’s belief that the person is a person requiring
401395 treatment and the circumstances under which the officer took the
402396 person into protective custody. The officer shall give a copy of
403397 the statement to the per son or the person’s attorney upon the
404398 request of either. If the officer does not make the determination
405399 to take an individual into protective custody on the basis of the
406400 officer’s personal observation, the officer shall not be required to
407401 prepare a written statement. However, the person stating to be
408402 mentally ill, alcohol-dependent or drug-dependent or the person upon
409403 whose statement the officer relies shall sign a writt en statement
410404 indicating the basis for such person’s belief that the person is a
411405 person requiring treatment. Any false statement given to the
412406 officer by the person upon whose s tatement the officer relies shall
413407 be a misdemeanor and subject to the sanctions of Title 21 of the
414408 Oklahoma Statutes.
415409 D. If the person is medically stable, the offic er shall
416410 immediately transport the person to an urgent recovery clinic or to
417411 the nearest facility, as defined in Section 1-103 of this title, for
418412 an initial assessment wi thin a thirty (30) mile thirty-mile radius
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446439 of the peace officer’s operational headquarters, or may use
447440 telemedicine with a licensed mental health professional employed or
448441 under contract with a facility operated by, certified by or
449442 contracted with request an assessment at the point of initial
450443 contact by the Department of Ment al Health and Substance Abuse
451444 Services to perform an initial assessment as provided by subsection
452445 A of Section 1-110 of this title. If, subsequent to an initial
453446 assessment, it is determ ined that emergency detention is warranted,
454447 the officer shall immediately transport the person shall immediately
455448 be transported to the nearest facility that is appropriate for
456449 treatment of the individual and has bed space available if the
457450 facility is within thirty (30) miles of the peace officer’s
458451 operational headquarters and the individual was has been determined
459452 to be a person requiring treatment . The Department of Mental Health
460453 and Substance Abuse Services may contract for the use of alternative
461454 transportation providers to transport individuals to facilities
462455 designated for emergency detention when the nearest facility with
463456 available bed space is more than thirty (30) miles from t he peace
464457 officer’s operational headquarters and the individual was determined
465458 to be a person requiring treatment. Transport shall be provided in
466459 accordance with subsection B of Section 1-110 of this title.
467460 E. For the purposes of this section, “urgent recovery clinics”
468461 means clinics that offer voluntary services aimed at the assessment
469462 and immediate stabilization of acute symptoms of mental illness,
470463
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497489 alcohol and other drug abuse and emotional distress; provided that,
498490 unless the person consents to a longer duration, no more than
499491 twenty-three (23) hours and fifty-nine (59) minutes of services are
500492 provided to a consumer during one episode of care .
501493 F. If it is determined by the facility director or designee
502494 that the person is not medically stable, the officer Department
503495 shall immediately transport the person to the nearest hospital or
504496 other appropriate treatment facility .
505497 E. If the person is medically unstable, the per son may be
506498 transported to an appropriate medical facility for medical
507499 treatment. A treating physician may authorize that the person be
508500 detained until the person becomes medi cally stable. The time limit
509501 on the emergency detention period stipulated under Section 5-208 of
510502 this title shall be tolled until the person who appears to be a
511503 person requiring treatment is medi cally stabilized. When the person
512504 becomes medically stable, if in the opinion of the treating or
513505 discharging physician, the patient is still a person requiring
514506 treatment as defined in Section 1-103 of this title, the physician
515507 shall authorize detention of the patient for transportation as
516508 provided in subsection D of this section.
517509 F. G. The parent, brother or sister who is eighteen (18) years
518510 of age or older, child who is eighteen (18) years of age or older,
519511 or guardian of the person, or a person who appea rs to be or states
520512 that such person is mentally ill, alcohol -dependent or drug-
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548539 dependent to a degree that emergency action is necessary may request
549540 the administrator of a facility designated by the Commissioner as an
550541 appropriate facility for an initial ass essment to conduct an initial
551542 assessment to determine whether t he condition of the person is such
552543 that emergency detention is warranted and, if emergency detention is
553544 warranted, to detain the person as provided i n Sections 5-206
554545 through 5-209 of this title.
555546 SECTION 4. This act shall become eff ective November 1, 2023.
556-COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
557-April 12, 2023 - DO PASS AS AMENDED BY CS
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