Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB286 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 286 By: Howard of the Senate
7	37
8	38		and
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10	40		Roe of the House
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15	45		An Act relating to mental health; amending 43A O.S.
16	46		2021, Section 1-110, which relates to transporting
17	47		persons for mental health services; prohibiting use
18	48		of mechanical restraints by the Department of Mental
19	49		Health and Substance Abuse Services or contracted
20	50		entity except under certain conditions; lim iting
21	51		duration of mechanical restraint us e; requiring
22	52		certain documentation; and declaring an emergency.
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27		-	SUBJECT: Mental health
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY 43A O.S. 2021, Section 1 -110, is
32	59		amended to read as follows:
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34	60		Section 1-110. A. Sheriffs and peace officers may utilize
35	61		telemedicine, when such capa bility is available and is in the
36	62		possession of the loca l law enforcement agency, to have a person
37	63		whom the officer reasonably believes is a person requiring
38	64		treatment, as defined in Section 1-103 of this title, assessed by a
39	65		licensed mental health profess ional employed by or under contract
40	66		with a facility oper ated by, certified by or contracted with the
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41	94		Department of Mental Health and Substance Abuse Services. To serve
42	95		the mental health needs of persons of their jurisdiction, peace
43	96		officers shall be respo nsible for transporting individuals in need
44	97		of initial assessment, emergency detention or protective custody
45	98		from the initial point of contact to the nearest facility, as
46	99		defined in Section 1-103 of this title, within a thirty (30) mile
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48		-	ENR. S. B. NO. 286 Page 2
49	100		radius of the peace officer’s operational headquarters. If there is
50	101		not a facility within a thirty (30) mile radius of the peace
51	102		officer’s operational headquarters, transportation to a faci lity
52	103		shall be completed by either the Department of Ment al Health and
53	104		Substance Abuse Services or an entity contracted by the Department
54	105		for alternative transportation. For purposes of this section,
55	106		“initial contact” is defined as contact with an individu al in need
56	107		of assessment, emergency detention or protect ive custody made by a
57	108		law enforcement officer. Initial contact in this section does not
58	109		include an individual self -presenting at a facility as defined in
59	110		Section 1-103 of this title.
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61	111		B. A municipal law enforcement agency shall be responsible for
62	112		transportation as provided in this ac t for any individual found
63	113		within such municipality’s jurisdiction. The county sheriff shall
64	114		be responsible for transportation as provided in this act for any
65	115		individual found outside of a municipality’s jurisdiction, but
66	116		within the county.
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68	144		C. Once an individual has been presented to the facility, as
69	145		provided in subsection A of this section, by a transporting law
70	146		enforcement officer, the transporting law enforcement agenc y shall
71	147		be responsible for any subsequent transportation of such individual
72	148		pending completion of the initial assessment, emergency detention,
73	149		protective custody or inpatient services within a thirty (30) mile
74	150		radius of the peace officer ’s operational headquarters. All
75	151		transportation over thirty (30) miles mus t be completed by either
76	152		the Department of Mental Health and Substance Abuse Services or an
77	153		entity contracted by the Department for alternative transportation.
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79	154		D. Sheriffs and peace officers shall be entitled to
80	155		reimbursement from the Department of Mental Health and Substance
81	156		Abuse Services for transportation services associated with mino rs or
82	157		adults requiring initial assessment, emergency detention, protective
83	158		custody and inpatient services.
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85	159		E. Any transportation provided by a sheriff or deputy sheriff
86	160		or a peace officer on behalf o f any county, city, town or
87	161		municipality of this state, to or from any facility for the purpose
88	162		of initial assessment, admission, interfacility transfer, medical
89	163		treatment or court appearance shall be reimbursed in accordance w ith
90	164		the provisions of the Sta te Travel Reimbursement Act.
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92		-	ENR. S. B. NO. 286 Page 3
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94	165		F. Nothing in this section shall prohibit a law enforcement
95	166		agency or the Department of Mental Health and Substance Abuse
96	167		Services from entering into a lawful agreement with any other law
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97	195		enforcement agency to fulfill the requ irements established by this
98	196		section or from contracting with a third party to provide the
99	197		services established by this section provided the third party meets
100	198		minimum standards as determined by the Department.
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102	199		G. A law enforcement agency shall not be liab le for the actions
103	200		of a peace officer commissioned by th e agency when such officer is
104	201		providing services as a third party pursuant to subsection F of this
105	202		section outside his or her primary employment as a peace officer.
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107	203		H. 1. For purposes of transportation completed by the
108	204		Department of Mental Health and Substance Abuse Services or an
109	205		entity contracted by the Department as required by this section, the
110	206		use of mechanical restraints shall not be applied to an individual
111	207		being transported unless:
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113	208		a. the individual being transported physically assaults
114	209		or attempts to physically assault the person lawfully
115	210		conducting the transportation of the individual
116	211		pursuant to the provisi ons of this section and the
117	212		person lawfully conducting t he transportation believes
118	213		such restraints are necessary for the safety of
119	214		himself or herself or the protection of others ,
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121	215		b. the individual being transported attempts or causes
122	216		serious physical injur y to self and the person
123	217		lawfully conducting the tran sportation believes such
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124	245		restraints are necessary for the safety of the
125	246		individual being transported , or
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127	247		c. the individual being transported has a propensity
128	248		toward violence as indicated by past transpor ts,
129	249		criminal charges, or mental health history and as
130	250		identified in the transport reques t form, and the
131	251		person lawfully conducting the transportation believes
132	252		such restraints are necessary for the safety of
133	253		himself or herself, for the safety of the individ ual
134	254		being transported, or for the protection of others.
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136		-	ENR. S. B. NO. 286 Page 4
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138	255		2. The mechanical restraint sha ll be continued for no longer
139	256		than is necessary under the circumstances described in paragraph 1
140	257		of this subsection. Every use of a mechanical restraint, the
141	258		reasons, and the length of time, shall be made a part of the
142	259		clinical record of the consumer unde r the signature of the
143	260		individual responsible for the transportation as required by this
144	261		section.
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146	262		SECTION 2. It being immediately necessary for the pr eservation
147	263		of the public peace, health or safety, an emergency is hereby
148	264		declared to exist, by reason whereof this act shall take effect and
149	265		be in full force from and af ter its passage and approval.
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152		-	ENR. S. B. NO. 286 Page 5
153		-	Passed the Senate the 14th day of March, 2023.
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155		-
156		-
157		-	Presiding Officer of the Senate
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160		-	Passed the House of Representatives th e 20th day of April, 2023.
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164		-	Presiding Officer of the House
165		-	of Representatives
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167		-	OFFICE OF THE GOVERNOR
168		-	Received by the Office of the Governor this _______ _____________
169		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
170		-	By: _______________________________ __
171		-	Approved by the Governor of the State of Oklahoma this _____ ____
172		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
173		-
174		-	_________________________________
175		-	Governor of the State of Oklahoma
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177		-
178		-	OFFICE OF THE SECRETARY OF STATE
179		-	Received by the Office of the Secretary of State this _______ ___
180		-	day of __________________, 20 _______, at _______ o'clock _______ M.
181		-	By: _______________________________ __
	267	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04 /05/2023 -
	268	+	DO PASS.