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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1862 By: Haste of the Senate
and
McEntire of the House
An Act relating to mental health; amending 43A O.S.
2021, Section 1-110, as last 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 Department
of Mental Health and Substance Abuse Services under
specified circumstances; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 1 -110, as
last amended by Section 2, Chapter 28, 1st Extraordinary Session,
O.S.L. 2023 (43A O.S. Supp. 2023, Section 1 -110), is amended to read
as follows:
Section 1-110. A. As an alternative to transport under
subsection B of this section for the sole purpose of initial
assessment of a person who the officer reasonably believes is a
person requiring treatment, as defined in Se ction 1-103 of this
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title, sheriffs and peace officers may request an assessment at the
point of initial contact by the Department of Mental Health and
Substance Abuse Services. To conduct the assessment, the Department
may utilize:
1. Telemedicine, when suc h capability is available through a
mobile computing device in the possession of the local law
enforcement agency, to have the person assessed by a l icensed 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 licensed mental health
professional on a mobile crisis response team or who i s employed by
or under contract with a facility operated by, certified by, or
contracted with the Departmen t.
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 conta ct by the
Department under subsection A of this section, or
b. emergency detention or protective custody under
Section 5-207 of this title, unless the of ficer has
already transported the individual to the facility for
initial assessment,
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from the point of init ial contact to the nearest facility, as
defined in Section 1 -103 of this title, that is appropriate for
initial assessment or treatment of the indivi dual 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 th e Department for
alternative transportation if:
a. there is not an appropriate facility within a thirty -
mile radius of the peace officer ’s operational
headquarters, or
b. the officer has already transported the individual to
an appropriate facility for ini tial assessment.
3. For purposes of this section, “initial contact” is defined
as contact with an indi vidual in need of assessment, emergency
detention, or protective custody made by a law enforcement officer.
Initial contact in this section does not inc lude 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 Se ction 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 transport to another
facility is needed for initial assessment or treatment, the person
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shall be transported to the nearest appropriate facility as provided
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 as 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 individual, unless the individual chooses to arrange
his or her own transportation.
6. The transportation requirements provided by this subsection,
to the extent such requirements are applicable to peac e officers,
shall be considered fulfilled once the person has been transported
to the facility, the off icer 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 immediate threat to his
or her own safety or to the safety 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 individual pending initial
assessment or treatment.
C. A municipal law enforcement agency shall be res ponsible for
transportation as provided in this section for any individual found
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within such municipality ’s jurisdiction. The county sheriff shall
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 sect ion, the Department
of Mental Health and Substance Abuse Services or an entity
contracted by the Depart ment shall be responsible for any subsequent
transportation of such individual.
E. Sheriffs and peace officers shall be entitled to
reimbursement from t he Department of Mental Health and Substance
Abuse Services for transportation services associated with min ors or
adults requiring initial assessment, emergency detention, protective
custody, and inpatient services.
F. Any transportation provided by a she riff or deputy sheriff
or a peace officer on behalf of 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
with the provisions of the State Travel Reimbursement Act.
G. Nothing in this sec tion shall prohibit a law enforcement
agency or the Department of Mental Health and Substance Abuse
Services from entering into a lawful agreement wi th any other law
enforcement agency to fulfill the requirements established by this
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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 De partment.
H. A law enforcement agency shall not be liable for 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 transportation completed by the
Department of Mental Healt h and Substance Abuse Services or an
entity contracted by the Department as required by this section, the
use of mechanical restraints shall not be appli ed 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 necessary 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 transported has a propensity
toward violence as indicated by past transports,
criminal charges, or ment al health history and as
identified in the transport request form, and the
person lawfully conducting t he transportation believes
such restraints are necessary for the safety of
himself or herself, for the safety of the individual
being transported, or for 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 restraint, the
reasons, and the length of time, shall be made a part of the
clinical record of the consumer under the signature of the
individual responsibl e for the transportation as required by this
section.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/11/2024 - DO PASS.