An Act
ENROLLED SENATE
BILL NO. 1862 By: Haste of the Senate
and
McEntire, Deck, and Swope
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 eff ective
date.
SUBJECT: Transportation for mental health services
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 Extraord inary 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 re asonably believes is a
person requiring treatment, as defined in Section 1 -103 of this
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:
ENR. S. B. NO. 1862 Page 2
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 licensed mental health
professional on a mobile crisis response team or who is employed by
or under contract wi th 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, exc ept when the individual has
been assessed at the point of initial contact 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 officer has
already transported t he individual to the facility for
initial assessment,
from the point of initial contact to the nearest facility, as
defined in Section 1 -103 of this title, that is appropriate for
initial assessment or 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 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 initial assessment.
ENR. S. B. NO. 1862 Page 3
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 include 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 transport to another
facility is needed for initial assessment or treatment, the person
shall be transported to the nearest approp riate 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 o f 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 peace officers,
shall be considered fulfilled once the person has 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 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 init ial
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
be responsible for transpor tation as provided in this section for
ENR. S. B. NO. 1862 Page 4
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 Men tal Health and Substance
Abuse Services for transportation services associated with minors or
adults requiring initial assessment, emergency detention, protective
custody, and inpatient services.
F. Any transportation provided by a sheriff or deputy sher iff
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 accor dance
with the provisions of the State Travel Reimbursement 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 any other law
enforcement agency to fulfill the requirements established by this
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 Department.
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 offic er.
I. 1. For purposes of transportation 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 individ ual
being transported unless:
ENR. S. B. NO. 1862 Page 5
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
c. the individual being transported has a propensity
toward violence as indicated by past transports,
criminal charges, or mental health his tory and as
identified in the transport request 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 for the protecti on 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 p art 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.
ENR. S. B. NO. 1862 Page 6
Passed the Senate the 5th day o f March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________