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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3016 By: Randleman
COMMITTEE SUBSTITUTE
An Act relating to mental health; amending 43A O.S.
2021, Sections 3-306, 3-310, and 3-317, which relate
to the Department of Mental Health and Substance
Abuse Services; limiting authority; modifying
requirement; modifying definition; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 3-306, is
amended to read as follows:
Section 3-306. A. The Board of Mental Health and Substance
Abuse Services shall have the responsibility and auth ority to:
1. Promulgate rules governing eligibility of public agencies or
mental health facilities to contract with the Department of Mental
Health and Substance Abuse Services;
2. Prescribe standards for qualifications of personnel and
quality of professional services;
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3. Ensure eligibility for community mental health services so
that no person will be denied services on the basis of race, color
or creed or inability to pay; and
4. Promulgate such other rules as may be necessary to carry out
the provisions of the Unified Com munity Mental Health Services Act.
B. The Department shall have the following responsibilities and
authority to:
1. Provide technical assistance to community mental health
facilities and boards;
2. Provide clinical, fiscal and man agement audit audits of
services and facilities;
3. Approve and compile catchment area plans and budget requests
into a statewide mental health plan and budget for submission to the
Governor, Legislature and federal funding sources as appropriate;
and
4. Assist mental health faciliti es in the recruitment of
qualified personnel and in conducting in -service training programs.
C. The Department shall not have the authority to limit the
number of certified community mental health centers in each service
area.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 3-310, is
amended to read as follows:
Section 3-310. Any nonprofit private agency providing services
pursuant to a contract or subcontract with the Department of Mental
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Health and Substance Abuse Services, the Bo ard of Mental Health and
Substance Abuse Services or any facility of the Department of Mental
Health and Substance Abuse Services and receiving funds disbursed
thereof shall submit information on operating budgets and employee
salaries and benefits to the Department of Mental Health and
Substance Abuse Services.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 3-317, is
amended to read as follows:
Section 3-317. A. The Board of Mental Health and Substanc e
Abuse Services, or the Commis sioner of Mental Health and Substance
Abuse Services upon delegation by the Board, shall certify
community-based structured crisis centers for th e provision of
nonhospital emergency services for mental health and substance ab use
crisis intervention. The B oard shall promulgate rules for the
certification of community -based structured crisis centers.
B. No community-based structured crisis center s hall operate or
continue to operate unless the facility complies with the rules
promulgated by the Board and is certified as required by this
section.
C. For the purposes of this section, "community-based
structured crisis center " means any certified comm unity mental
health center, comprehensive community addiction recovery center,
private agency contracted by the Department of Mental Health and
Substance Abuse Services, or facility operated by the Department
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which is established and maintained for the pur pose of providing
community-based mental health and substance abuse crisis
stabilization services including, bu t not limited to, observation,
evaluation, emergency treatment and referral, when necessary, for
inpatient psychiatric or substance abuse treatme nt services.
D. The Department of Mental Health and Substance Abuse Services
is authorized to establish and co llect certification and renewal
fees for certification of community -based structured crisis centers
as provided in Section 3 -324 of this title.
E. Certified community -based structured crisis centers shall
comply with standards adopted by the Board. Such standards shall be
in compliance with:
1. The Joint Commission on Accreditation of Healthcare
Organizations;
2. The Commission on Accreditation of Rehabilitation Facilities
(CARF);
3. The Council on Accreditation (COA); or
4. Approved medical and professio nal standards as determined by
the Board.
SECTION 4. This act shall become effective November 1, 202 4.
59-2-10613 TJ 02/28/24