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ENGROSSED HOUSE
BILL NO. 3016 By: Randleman of the House
and
Stephens of the Senate
[ mental health – Department of Mental Health and
Substance Abuse Services – authority – requirements
– definition - 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 a uthority 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 qualifica tions 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 management 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 me ntal 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 wit h 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 infor mation on operating budgets and emplo yee
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 Subst ance
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 ser vices for mental health and substance abuse
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 unle ss the facility complies with the rul es
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, comprehensiv e 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 Menta l 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.
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Passed the House of Representatives the 14th day of March, 2024.
Presiding Officer of the Ho use
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate