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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 286 By: Howard of the Senate
and
Roe of the House
An Act relating to mental health; amending 43A O.S.
2021, Section 1-110, which relates to transporting
persons for mental health services; prohibiting use
of mechanical restraints by the Department of Mental
Health and Substance Abuse Services or contracted
entity except under certain conditions; lim iting
duration of mechanical restraint us e; requiring
certain documentation; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 capa bility is available and is in the
possession of the loca l law enforcement agency, to have a person
whom the officer reasonably believes is a person requiring
treatment, as defined in Section 1-103 of this title, assessed by a
licensed mental health profess ional employed by or under contract
with a facility oper ated by, certified by or contracted with the
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Department of Mental Health and Substance Abuse Services. To serve
the mental health needs of persons of their jurisdiction, peace
officers shall be respo nsible for transporting individuals 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
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 faci lity
shall be completed by either the Department of Ment al 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 individu al in need
of assessment, emergency detention or protect ive custody made by a
law enforcement officer. Initial contact in this section does not
include an individual self -presenting at a facility as defined in
Section 1-103 of this title.
B. A municipal law enforcement agency shall be responsible for
transportation as provided in this ac t for any individual found
within such municipality’s jurisdiction. The county sheriff shall
be responsible for transportation as provided in this act for any
individual found outside of a municipality’s jurisdiction, but
within the county.
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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 agenc y shall
be responsible for any subsequent transportation of such individual
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 mus t be completed 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 services associated with mino rs or
adults requiring initial assessment, emergency detention, protective
custody and inpatient services.
E. Any transportation provided by a sheriff or deputy sheriff
or a peace officer on behalf o f 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 reimbursed in accordance w ith
the provisions of the Sta te 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 law
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enforcement agency to fulfill the requ irements 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.
G. A law enforcement agency shall not be liab le for the actions
of a peace officer commissioned by th e agency when such officer is
providing services as a third party pursuant to subsection F of this
section outside his or her primary employment as a peace officer.
H. 1. For purposes of transportation completed by the
Department of Mental Health and Substance Abuse Services or an
entity contracted by the Department as required by this section, the
use of mechanical restraints shall not be applied to an individual
being transported unless:
a. the individual being transported physically assaults
or attempts to physically assault the person lawfully
conducting the transportation of the individual
pursuant to the provisi ons of this section and the
person lawfully conducting t he transportation believes
such restraints are necessary for the safety of
himself or herself or the protection of others ,
b. the individual being transported attempts or causes
serious physical injur y to self and the person
lawfully conducting the tran sportation believes such
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restraints are necessary for the safety of the
individual being transported , or
c. the individual being transported has a propensity
toward violence as indicated by past transpor ts,
criminal charges, or mental health history and as
identified in the transport reques t form, and the
person lawfully conducting the transportation believes
such restraints are necessary for the safety of
himself or herself, for the safety of the individ ual
being transported, or for the protection of others.
2. The mechanical restraint sha ll be continued for no longer
than is necessary under the circumstances described in paragraph 1
of this subsection. Every use of a mechanical restraint, the
reasons, and the length of time, shall be made a part of the
clinical record of the consumer unde r the signature of the
individual responsible for the transportation as required by this
section.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and af ter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04 /05/2023 -
DO PASS.