Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1862 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	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1862 By: Haste of the Senate
7	37
8	38		and
9	39
10		-	McEntire, Deck, and Swope
11		-	of the House
	40	+	McEntire of the House
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16	45		An Act relating to mental health; amending 43A O.S.
17	46		2021, Section 1-110, as last amended by Section 2,
18	47		Chapter 28, 1st Extraordinary Session, O.S.L. 2023
19	48		(43A O.S. Supp. 2023, Section 1 -110), which relates
20	49		to transportation of persons for mental health
21	50		services; transferring certain duty to the Department
22	51		of Mental Health and Substance Abuse Services under
23	52		specified circumstances; and providing an effective
24	53		date.
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28		-	~~SUBJECT: Transportation for mental health services~~
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30	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	60		SECTION 1. AMENDATORY 43A O.S. 2021, Section 1 -110, as
33	61		last amended by Section 2, Chapter 28, 1st Extraordinary Session,
34	62		O.S.L. 2023 (43A O.S. Supp. 2023, Section 1 -110), is amended to read
35	63		as follows:
36		-
37	64		Section 1-110. A. As an alternative to transport under
38	65		subsection B of this section for the sole purpose of initial
39	66		assessment of a person who the officer reasonably believes is a
40	67		person requiring treatment, as defined in Se ction 1-103 of this
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41	95		title, sheriffs and peace officers may request an assessment at the
42	96		point of initial contact by the Department of Mental Health and
43	97		Substance Abuse Services. To conduct the assessment, the Department
44	98		may utilize:
45		-
46		-
47		-	ENR. S. B. NO. 1862 Page 2
48	99		1. Telemedicine, when suc h capability is available through a
49	100		mobile computing device in the possession of the local law
50	101		enforcement agency, to have the person assessed by a l icensed mental
51	102		health professional employed by or under contract with a facility
52	103		operated by, certified by, or contracted with the Department; or
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54	104		2. An in-person assessment by a licensed mental health
55	105		professional on a mobile crisis response team or who i s employed by
56	106		or under contract with a facility operated by, certified by, or
57	107		contracted with the Departmen t.
58		-
59	108		B. 1. To serve the mental health needs of persons of their
60	109		jurisdiction, peace officers shall be responsible for transporting
61	110		individuals in need of:
62		-
63	111		a. initial assessment, except when the individual has
64	112		been assessed at the point of initial conta ct by the
65	113		Department under subsection A of this section, or
66		-
67	114		b. emergency detention or protective custody under
68	115		Section 5-207 of this title, unless the of ficer has
69	116		already transported the individual to the facility for
70	117		initial assessment,
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72	145		from the point of init ial contact to the nearest facility, as
73	146		defined in Section 1 -103 of this title, that is appropriate for
74	147		initial assessment or treatment of the indivi dual within a thirty -
75	148		mile radius of the peace officer ’s operational headquarters.
76		-
77	149		2. Transportation to the nearest appropriate facility shall be
78	150		completed by either the Department of Mental Health and Substance
79	151		Abuse Services or an entity contracted by th e Department for
80	152		alternative transportation if:
81		-
82	153		a. there is not an appropriate facility within a thirty -
83	154		mile radius of the peace officer ’s operational
84	155		headquarters, or
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86	156		b. the officer has already transported the individual to
87	157		an appropriate facility for ini tial assessment.
88		-
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90		-	ENR. S. B. NO. 1862 Page 3
91	158		3. For purposes of this section, “initial contact” is defined
92	159		as contact with an indi vidual in need of assessment, emergency
93	160		detention, or protective custody made by a law enforcement officer.
94	161		Initial contact in this section does not inc lude an individual self -
95	162		presenting at a facility as defined in Section 1 -103 of this title.
96		-
97	163		4. When an individual self-presents at a facility as defined in
98	164		Section 1-103 of this title or at a medical facility and is placed
99	165		into protective custody under Se ction 5-207 of this title due to a
100	166		determination that the individual is a person requiring treatment as
101	167		defined in Section 1-103 of this title, and if transport to another
102	168		facility is needed for initial assessment or treatment, the person
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103	196		shall be transported to the nearest appropriate facility as provided
104	197		by this subsection by the Department or an entity contracted by the
105	198		Department for alternative transportation .
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107	199		5. When an individual self -presents at a facility as defined in
108	200		Section 1-103 of this title or at a medical facility and is not
109	201		placed into protective custody under Section 5 -207 of this title,
110	202		but consents to voluntary transport to a facility as defined in
111	203		Section 1-103 of this title for treatment, transport or the
112	204		arrangement of transport shall be the responsibility of the facility
113	205		receiving the individual, unless the individual chooses to arrange
114	206		his or her own transportation.
115		-
116	207		6. The transportation requirements provided by this subsection,
117	208		to the extent such requirements are applicable to peac e officers,
118	209		shall be considered fulfilled once the person has been transported
119	210		to the facility, the off icer has made contact with the appropriate
120	211		staff of the facility, and the staff of the facility have determined
121	212		that the patient does not present a clear or immediate threat to his
122	213		or her own safety or to the safety of the staff of the facility.
123	214		Once custody of the individual has been transferred to the
124	215		appropriate facility staff, the peace officer shall not be required
125	216		to remain at the facility with the individual pending initial
126	217		assessment or treatment.
127		-
128	218		C. A municipal law enforcement agency shall be res ponsible for
129	219		transportation as provided in this section for any individual found
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130	247		within such municipality ’s jurisdiction. The county sheriff shall
131	248		be responsible for transportation as provided in this section for
132		-
133		-	ENR. S. B. NO. 1862 Page 4
134	249		any individual found outside of a municipality ’s jurisdiction, but
135	250		within the county.
136		-
137	251		D. Once an individual has been presented to an appropriate
138	252		facility as provided in subsection B of this sect ion, the Department
139	253		of Mental Health and Substance Abuse Services or an entity
140	254		contracted by the Depart ment shall be responsible for any subsequent
141	255		transportation of such individual.
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143	256		E. Sheriffs and peace officers shall be entitled to
144	257		reimbursement from t he Department of Mental Health and Substance
145	258		Abuse Services for transportation services associated with min ors or
146	259		adults requiring initial assessment, emergency detention, protective
147	260		custody, and inpatient services.
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149	261		F. Any transportation provided by a she riff or deputy sheriff
150	262		or a peace officer on behalf of any county, city, town, or
151	263		municipality of this state, to or from any facility for the purpose
152	264		of initial assessment, admission, interfacility transfer, medical
153	265		treatment, or court appearance shall be reimbursed in accordance
154	266		with the provisions of the State Travel Reimbursement Act.
155		-
156	267		G. Nothing in this sec tion shall prohibit a law enforcement
157	268		agency or the Department of Mental Health and Substance Abuse
158	269		Services from entering into a lawful agreement wi th any other law
159	270		enforcement agency to fulfill the requirements established by this
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160	298		section or from contracting with a third party to provide the
161	299		services established by this section, provided the third party meets
162	300		minimum standards as determined by the De partment.
163		-
164	301		H. A law enforcement agency shall not be liable for the actions
165	302		of a peace officer commissioned by the agency when such officer is
166	303		providing services as a third party pursuant to subsection G of this
167	304		section outside his or her primary employment as a peace officer.
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169	305		I. 1. For purposes of transportation completed by the
170	306		Department of Mental Healt h and Substance Abuse Services or an
171	307		entity contracted by the Department as required by this section, the
172	308		use of mechanical restraints shall not be appli ed to an individual
173	309		being transported unless:
174		-
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176		-	ENR. S. B. NO. 1862 Page 5
177	310		a. the individual being transported physically assaults
178	311		or attempts to physically assault the person lawfully
179	312		conducting the transportation of the individual
180	313		pursuant to the provisions of this section and the
181	314		person lawfully conducting the transportation believes
182	315		such restraints are necessary for the safety of
183	316		himself or herself or the protection of others,
184		-
185	317		b. the individual being transported attempts or causes
186	318		serious physical injury to self and the person
187	319		lawfully conducting the transportation believes such
188	320		restraints are necessary for the safety of the
189	321		individual being transported, or
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191	349		c. the individual being transported has a propensity
192	350		toward violence as indicated by past transports,
193	351		criminal charges, or ment al health history and as
194	352		identified in the transport request form, and the
195	353		person lawfully conducting t he transportation believes
196	354		such restraints are necessary for the safety of
197	355		himself or herself, for the safety of the individual
198	356		being transported, or for the protection of others.
199		-
200	357		2. The mechanical restraint shall be continued for no longer
201	358		than is necessary under the circumstances described in paragraph 1
202	359		of this subsection. Every use of a mechanical restraint, the
203	360		reasons, and the length of time, shall be made a part of the
204	361		clinical record of the consumer under the signature of the
205	362		individual responsibl e for the transportation as required by this
206	363		section.
207		-
208	364		SECTION 2. This act shall become effective November 1, 2024.
209	365
210		-
211		-	ENR. S. B. NO. 1862 Page 6
212		-	Passed the Senate the 5th day o f March, 2024.
213		-
214		-
215		-
216		-	Presiding Officer of the Senate
217		-
218		-
219		-	Passed the House of Representatives the 17th day of April, 2024.
220		-
221		-
222		-
223		-	Presiding Officer of the House
224		-	of Representatives
225		-
226		-	OFFICE OF THE GOVERNOR
227		-	Received by the Office of the Governor this _______ _____________
228		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
229		-	By: _________________________________
230		-	Approved by the Governor of the State of Oklahoma this _______ __
231		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
232		-
233		-	_________________________________
234		-	Governor of the State of Oklahoma
235		-
236		-
237		-	OFFICE OF THE SECRETARY OF STATE
238		-	Received by the Office of the Secretary of State this _______ ___
239		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
240		-	By: _________________________________
	366	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	367	+	04/11/2024 - DO PASS.