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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 812 By: Daniels
AS INTRODUCED
An Act relating to mental health; amending 43A O.S.
2021, Section 1-110, as last amended by Section 1,
Chapter 134, O.S.L. 2024 (43A O.S . Supp. 2024,
Section 1-110), which relates to transporting persons
for mental health services; creating certain
exception; defining term; 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 1, Chapter 134, O.S.L. 2024 (43A O.S. Supp.
2024, 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 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:
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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 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 shal l 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 this section, or
b. emergency detention or protective cust ody 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 facility, as
defined in Section 1 -103 of this title, that is appropria te for
initial assessment or treatment of the individual within a thirty -
mile radius of the peace officer ’s operational headquarters.
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2. Transportation to the nearest appropriate facility shall be
completed by either the Department of Mental Health and Su bstance
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 transport ed the individual to
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 of ficer.
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 fac ility 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 a ssessment or treatment, the person
shall be transported to the nearest appropr iate facility by the
Department or an entity contracted by the Department for alternative
transportation.
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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 Except for unaccompanied minors, the transportation
requirements provided by this subsecti on, 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 initial assessment or treatment . For
the purposes of this section, “unaccompanied minor” means any person
under eighteen (18) years of age who is transported to a facility
pursuant to this section without his or her parent or legal
guardian.
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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 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 transportation services associated with minors or
adults requiring initial assessment, emergency detention, protective
custody, and inpatient services.
F. Any transportation provi ded by a sheriff 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 appearan ce shall be reimbursed in accordance
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
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Services from entering into a lawful agreement with any other law
enforcement agency to fulfill the requirements es tablished 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 determin ed 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 primar y employment as a peace officer.
I. 1. For purposes of transportation comple ted 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 secti on 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
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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 history 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 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 s ignature of the
individual responsible for the transportation as required by this
section.
SECTION 2. This act shall become effective November 1, 2025.
60-1-1098 DC 1/15/2025 9:33:19 PM