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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 740 By: Daniels
AS INTRODUCED
An Act relating to mental health; amending 43A O.S.
2021, Section 1-103, as last amended by Section 1,
Chapter 96, O.S.L. 2024 (43A O.S. Supp. 2024, Section
1-103), which relates to definitions; modifying
certain definitions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Sec tion 1-103, as
last amended by Section 1, Chapter 96, O.S.L. 2024 (43A O.S. Su pp.
2024, Section 1-103), is amended to read as follows:
Section 1-103. When used in this title, unless otherwise
expressly stated, or unless the context or subject matter other wise
requires:
1. “Department” means the Department of Mental Health and
Substance Abuse Services;
2. “Chair” means the chair of the Board of Mental Health and
Substance Abuse Services;
3. “Mental illness” means a substantial disorder of thought,
mood, perception, psychological orientation or memory that
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significantly impairs jud gment, behavior, capacity to recognize
reality or ability to meet the ordinary demands of life;
4. “Board” means the Board of Mental Health and Substance Abuse
Services as established by the Mental Health Law;
5. “Commissioner” means the Commissioner of Mental Health and
Substance Abuse Services;
6. “Indigent person” means a person who does not have
sufficient assets or resources to support the person and to support
members of the family of the person lawfully dependent on the person
for support;
7. “Facility” means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of
an individual with mental illness, drug or alcohol dep endency,
gambling addiction, or an eating disorder including, but not limited
to, public or private hospitals, community mental health centers,
clinics, satellites, and community -based structured crisis centers;
provided, that facility shall not mean a chi ld guidance center
operated by the State Department of Health;
8. “Consumer” means a person under care or treatment in a
facility pursuant to the Mental Health Law, or in an outpatient
status;
9. “Care and treatment” means medical care and behavioral
health services, as well as food, clothing and maintenance,
furnished to a person;
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10. Whenever in this law or in any other law, or in any rule or
order made or promulgated pursuant to this law or to any other law,
or in the printed forms prepared for the ad mission of consumers or
for statistical reports, the words “insane”, “insanity”, “lunacy”,
“mentally sick”, “mental disease” or “mental disorder” are used,
such terms shall have equal significance to the words “mental
illness”;
11. “Licensed mental health professional” means:
a. a psychiatrist who is a diplomate of the American
Board of Psychiatry and Neurology,
b. a psychiatrist who is a diplomate of the American
Osteopathic Board of Neurology and Psychiatry,
c. a physician licensed pursuant to the Oklaho ma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklaho ma Osteopathic Medicine
Act,
d. a clinical psychologist who is duly licensed to
practice by the State Board of Examiners of
Psychologists,
e. a professional counselor licensed pu rsuant to the
Licensed Professional Counselors Act,
f. a person licensed as a clinical social worker pursuant
to the provisions of the Social Worker ’s Licensing
Act,
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g. a licensed marital and family therapist as defined in
the Marital and Family Therapist Licensure Act,
h. a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act ,
i. an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act,
j. a physician’s assistant who is licensed in good
standing in this state, or
k. a licensed alcohol and drug counselor/mental health
(LADC/MH) as defined in the Licensed Alcohol and Drug
Counselors Act;
12. “Mentally incompetent person ” means any person who has been
adjudicated mentally or legally incompetent by an approp riate
district court;
13. a. “Person requiring treatment ” means a person who
because of his or her mental illness or drug or
alcohol dependency meets at least one of the
following:
(1) poses a substantial risk of immediate physical
harm to self as manifest ed by evidence or serious
threats of or attempts at suicide or other
significant self-inflicted bodily harm,
(2) poses a substantial risk of immediate physical
harm to another person or persons as manifested
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by evidence of violent behavior directed toward
another person or persons,
(3) has placed another person or persons in a
reasonable fear of violent behavior directed
towards such person or persons or serious
physical harm to them as manifested by serious
and immediate threats,
(4) is in a condition of s evere deterioration that is
continuing, as has been observed within the
previous seventy-two (72) hour period such that,
without immediate intervention, there exists a
substantial risk that severe impairment or injury
will result to the person , or
(5) poses a substantial risk of immediate serious
physical injury harm to self or death as
manifested by evidence that the person is unable
to provide for and is not providing for his or
her basic physical needs.
b. To the extent it is reasonably available, the re levant
mental health or substance abuse history of the person
shall be considered and may be proffered as part of
the evidence to determine whether the person is a
person requiring treatment or an assisted outpatient.
The mental health or substance abuse history of the
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person shall not be the sole basis for this
determination.
c. Unless a person also meets the criteria established in
subparagraph a or b of this paragraph, “person
requiring treatment” or an “assisted outpatient” shall
not mean:
(1) a person whose mental processes have been
weakened or impaired by reason of advanced years,
dementia, or Alzheimer ’s disease,
(2) a person with intellectual or developmental
disability as defined in Title 10 of the Oklahoma
Statutes,
(3) a person with seizure diso rder, or
(4) a person with a traumatic brain injury , or
(5) a person who is homeless.
d. (1) A person who meets the criteria established in
this paragraph but who is medically unstable may
be discharged and transported in accordance with
Section 1-110 of this title. Alternatively, if
the facility holding the person is able to treat
the additional medical conditions of that person,
the facility may treat the additional medical
conditions in an effort to medically stabilize
the patient.
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(2) If the facility holding the person is unable to
treat the additional medical conditions of a
person who meets the criteria established in this
paragraph, the patient shall be discharged and
transported in accordance with Section 1 -110 of
this title.
(3) All time elapsed during medical stabilization
tolls the twelve (12) hour time for an initial
assessment pursuant to paragraph 1 of subsection
A of Section 5-208 of this title, and the one -
hundred-twenty-hour emergency detention time
pursuant to paragraph 3 of subsection A of
Section 5-208 of this title;
14. “Petitioner” means a person who files a pet ition alleging
that an individual is a person requiring treatment or an assisted
outpatient;
15. “Executive director” means the person in charge of a
facility as defined in this section;
16. “Private hospital or facility ” means any general hospital
maintaining a neuro-psychiatric unit or ward, or any private
hospital or facility for care and treatment of a person having a
mental illness, which is not supported by the state or fe deral
government. The term “private hospital” or “facility” shall not
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include nursing homes or other facilities maintained primarily for
the care of elderly and disabled persons;
17. “Individualized treatment plan ” means a proposal developed
during the stay of an individual in a facility, under the provisions
of this title, which is specifically tailored to the treatment needs
of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based
upon and related to a clinical evaluation, which can
be reasonably achieved within a d esignated time
interval,
b. treatment methods and procedures to be used to obtain
these goals, which methods and procedures are related
to each of these goals and which include s pecific
prognosis for achieving each of these goals,
c. identification of the types of professional personnel
who will carry out the treatment procedures including
appropriate medical or other professional involvement
by a physician or other health profess ional properly
qualified to fulfill legal requirements mandated under
state and federal law,
d. documentation of involvement by the individual
receiving treatment and, if applicable, the accordance
of the individual with the treatment plan, and
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e. a statement attesting that the executive director of
the facility or clinical director has made a
reasonable effort to meet the plan ’s individualized
treatment goals in the least restrictive environment
possible closest to the home community of the
individual;
18. “Telemedicine” means technology-enabled health and care
management and deliv ery systems that extend capacity and access,
which includes:
a. synchronous mechanisms, which may include live
audiovisual interaction between a patient and a health
care professional or real-time provider to provider
consultation through live interactive audiovisual
means,
b. asynchronous mechanisms, which include store and
forward transfers, online exchange of health
information between a patient and a health care
professional and online exchange of health information
between health care professionals, bu t shall not
include the use of automated text messages or
automated mobile applications that serve as the sole
interaction between a patient and a health care
professional,
c. remote patient monitoring, and
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d. other electronic means that support clinical health
care, professional consultation, patient and
professional health-related education, public health
and health administration;
19. “Recovery and recovery support ” means nonclinical services
that assist individuals and families to recover from alcohol or drug
problems. They include social support, linkage to and coordination
among allied service providers including but not limited to
transportation to and from treatment or em ployment, employment
services and job training, case management and individual services
coordination, life skills education, relapse prevention, housing
assistance, child care, and substance abuse education;
20. “Assisted outpatient” means a person who:
a. is either currently under the care of a facility
certified by the Department of Mental Health and
Substance Abuse Services as a Community Mental Health
Center, or is being discharged from the custody of the
Oklahoma Department of Corrections, or is being
discharged from a residential placement by the Office
of Juvenile Affairs,
b. is suffering from a mental illness,
c. is unlikely to survive safely in the community without
supervision, based on a clinical determination,
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d. has a history of lack of complia nce with treatment for
mental illness that has:
(1) prior to the filing of a p etition, at least twice
within the last thirty -six (36) months been a
significant factor in necessitating
hospitalization or treatment in a hospital or
residential facility inclu ding admission to a
community-based structured crisis center as
certified by the Oklahoma Department of Mental
Health and Substance Abuse Services, or receipt
of services in a forensic or other mental health
unit of a correctional facility, or a specialize d
treatment plan for treatment of mental illness in
a secure juvenile facility or placement in a
specialized residential program for juveniles, or
(2) prior to the filing of the petition, resulted in
one or more acts of serious violent behavior
toward self or others or threats of, or attempts
at, serious physical harm to self or others
within the last twenty-four (24) thirty-six (36)
months,
e. is, as a result of his or her mental illness, unlikely
to voluntarily participate in outpatient treatment
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that would enable him or her to live safely in the
community,
f. in view of his or her treatment history and current
behavior, is in need of assisted outpatient treatment
in order to prevent a relapse or deterioration which
would be likely to result in serious har m to the
person or persons as defined in this section, and
g. is likely to benefit from assisted outpatient
treatment;
21. “Assisted outpatient treatment ” means outpatient services
which have been ordered by the court pursuant to a treatment plan
approved by the court to treat an assisted outpatient ’s mental
illness and to assist t he person in living and functioning in the
community, or to attempt to prevent a relapse or deterioration that
may reasonably be predicted to result in suicide or the need for
hospitalization; and
22. “Urgent recovery clinic ” means a clinic that offers
voluntary services aimed at the assessment and immediate
stabilization of acute symptoms of mental illness, alcohol and other
drug abuse, and emotional distress. Unless the person receiving
treatment consents to a longer duration or unless the person is
placed into emergency detention under Sections 5 -206 through 5-209
of this title, no more than twenty -three (23) hours and fifty -nine
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(59) minutes of services may be provided to a c onsumer during one
episode of care at an urgent recovery clinic.
SECTION 2. This act shall become effective November 1, 2025.
60-1-208 DC 1/15/2025 1:12:43 PM