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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1862 By: Haste
AS INTRODUCED
An Act relating to mental health; amending 43A O.S.
2021, Section 1-110, as amended by Section 2, Chapter
28, 1st Extraordinary Session, O.S.L. 2023 (43A O.S.
Supp. 2023, Section 1 -110), which relates to
transportation of persons for mental health services;
transferring certain duty to the Depart ment of Mental
Health and Substance Abuse Serv ices under specified
circumstances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 1 -110, as
amended by Section 2, Chapter 28, 1st Extraordinary Session, O.S.L.
2023 (43A O.S. Supp. 2 023, Section 1-110), is amended to read as
follows:
Section 1-110. A. As an alternative to t ransport under
subsection B of this section for the sole purpose of initial
assessment of a person who the officer reasonably believ es is a
person requiring tre atment, as defined in Section 1-103 of this
title, sheriffs and peace officers ma y request an assessment at the
point of initial contact by the Department of Mental Health and
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Substance Abuse Servic es. To conduct the assessment , the Department
may utilize:
1. Telemedicine, when such capability is available through a
mobile computing device in the possession of the local law
enforcement agency, to have the person assessed by a licensed mental
health professional employed by or under contract with a facility
operated by, certified by, or contracted with the Department ; or
2. An in-person assessment by a li censed mental health
professional on a mobile crisis response team or who is employed by
or under contract with a facility operated by, certified by, or
contracted with the Department .
B. 1. To serve the mental health needs of persons of their
jurisdiction, peace officers shall be responsible for transporting
individuals in need of:
a. initial assessment, except when the individual has
been assessed at the point of initial contact by the
Department under subsection A of thi s section, or
b. emergency detention or protective custody under
Section 5-207 of this title, unless the officer has
already transported the individual to the facility for
initial assessment,
from the point of initial contact to the nearest f acility, as
defined in Section 1 -103 of this title, that is appropriate for
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initial assessment o r treatment of the individual within a thirty-
mile radius of the peace officer ’s operational headquarters.
2. Transportation to the nearest appropriate facility shall be
completed by either the Department of Mental Health and Substance
Abuse Services or an entity contracted by the Department for
alternative transportation if:
a. there is not an appropr iate facility within a thirty-
mile radius of the peace officer’s operational
headquarters, or
b. the officer has already transported the individual t o
an appropriate facility for initial assessment.
3. For purposes of this section, “initial contact” is defined
as contact with an individual in need of assessment, emergency
detention, or protective custody made by a law enforcement officer.
Initial contact in this section does not in clude an individual self-
presenting at a facility as defined in Section 1 -103 of this title.
4. When an individual self-presents at a facility as defined in
Section 1-103 of this title or at a medical facility and is placed
into protective custody under Section 5-207 of this title due to a
determination that the individual is a person requiring treatment as
defined in Section 1-103 of this title, and if tr ansport to another
facility is needed for initial assessment or treatme nt, the person
shall be transported to the nearest appropriate facility as provided
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by this subsection by the Department or an entity contracted by the
Department for alternative transportation .
5. When an individual self-presents at a facility as defined in
Section 1-103 of this title or at a medical facility and is not
placed into protective custody under Section 5-207 of this title,
but consents to voluntary transport to a facility a s defined in
Section 1-103 of this title for treatment, transport or the
arrangement of transport shall be the responsibility of the facility
receiving the indivi dual, unless the individual chooses to arrange
his or her own transportation.
6. The transportation r equirements provided by this subsection,
to the extent such requirements are applicable to peace offic ers,
shall be considered fulfilled once the person h as been transported
to the facility, the officer has made contact with the appropriate
staff of the facility, and the staff of the facility have determined
that the patient does not present a clear or imm ediate threat to his
or her own safety or to the saf ety of the staff of the facility.
Once custody of the individual has been transferred to the
appropriate facility staff, the peace officer shall not be required
to remain at the facility with the individ ual pending initial
assessment or treatment.
C. A municipal law enforcement agency shall be responsible for
transportation as provided in this section for any individual found
within such municipality’s jurisdiction. The county sheriff shall
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be responsible for transportation as provided in this section for
any individual found outside of a municipality’s jurisdiction, but
within the county.
D. Once an individual has been presented to an appropriate
facility as provided in subsection B of this section, the Department
of Mental Health and Substance Abuse Services or an entity
contracted by the Department shall be responsible for any subsequent
transportation of such individual .
E. Sheriffs and peace officers shall be entitled to
reimbursement from the Department of Mental Health and Substance
Abuse Services for tr ansportation services associated with minors or
adults requiring initial assessment, emergency detention, protective
custody, and inpatient services.
F. Any transportation provided by a sherif f or deputy sheriff
or a peace officer on behalf of any count y, 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 reimb ursed in accordance
with the provisions of the State Travel R eimbursement Act.
G. 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 a ny other law
enforcement agency to fulfill the requirements established by this
section or from contracting with a third party to provide the
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services established by this section, provided the third party meets
minimum standards as determined by the Depart ment.
H. A law enforcement agency shall not be liable f or the actions
of a peace officer commissioned by the agency when such officer is
providing services as a third party pursuant to subsection G of this
section outside his or her primary employment as a peace officer.
I. 1. For purposes of transporta tion 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 provisions of this section and the
person lawfully conducting the transportation believes
such restraints are necessa ry for the safety of
himself or herself or the protection of others,
b. the individual being transported attempts or causes
serious physical injury to self and the person
lawfully conducting the transportation believes such
restraints are necessary for the safety of the
individual being transported, or
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c. the individual being transpor ted has a propensity
toward violence as indi cated by past transports,
criminal charges, or men tal health history and as
identified in the transport re quest 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 individual
being transported, or fo r the protection of others.
2. The mechanical restraint shall be continued for no longer
than is necessary under the circumstances described in paragraph 1
of this subsection. Every use of a mechanical re straint, the
reasons, and the length of time, sha ll be made a part of the
clinical record of the consumer under the signature of the
individual responsible for the transportation as required by this
section.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2619 DC 1/17/2024 7:09:21 PM