Title 43A, Mental Health

Except as otherwise provided by law, in any case in a municipal or district court of proper jurisdiction wherein the defendant is charged with actual physical control of or operation of a motor vehicle while under the influence of or impaired by alcohol or a drug, the court may: …

A. Alcohol and drug substance abuse courses shall be offered only by nonprofit educational institutions of higher learning, governmental or nonprofit organizations. B. Enrollment fees for those attending the courses shall be set by the Department of Mental Health and Substance Ab…

A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or the district attorney of the appropriate district court may bring an action in a court of competent jurisdiction for an injunction against any individual for operating an alcohol and drug su…

A. Each facilitator for an alcohol and drug substance abuse course shall be certified by the Department of Mental Health and Substance Abuse Services and shall: 1. Possess a bachelor’s degree in behavioral or health care sciences education, psychology, social work or chemical dep…

A. The Department of Mental Health and Substance Abuse Services shall certify assessment personnel for the purpose of conducting alcohol and drug assessment and evaluation programs related to driver license revocation. B. Application fees for certification of assessment personnel…

A. For purposes of this section: 1. "ADSAC assessor" means an individual certified by the Department of Mental Health and Substance Abuse Services to conduct the ADSAC assessment; 2. "Alcohol and drug substance abuse course ADSAC assessment" means an assessment process certified …

A. Any Class II controlled dangerous substance, when used in this state by an opioid substitution treatment program for persons with a history of opioid addiction to or physiologic dependence on controlled dangerous substances, shall only be used: 1. In treating persons with a hi…

A. A course of treatment in an opioid substitution treatment program may include, but shall not be limited to, short-term detoxification, interim maintenance treatment or comprehensive maintenance treatment depending on the availability of such services and the needs of the indiv…

When a person confined in a penal or correctional institution or reformatory of this state is evaluated as provided by law by a licensed mental health professional to be a person requiring treatment as defined in Section 1-103 of this title, the district court may order the inmat…

After an initial appearance, a person accused of a felony offense may submit to an approved risk, mental health and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance …

All persons being treated at facilities within the Department of Mental Health and Substance Abuse Services and facilities certified by the Department shall be given humane care and treatment. The food shall always be sufficient and wholesome. No physical or emotional punishment …

There shall be developed during a person’s stay in a mental health facility, an individualized treatment plan which shall be specifically tailored to such person’s treatment needs. Each plan shall clearly include the following: 1. A statement of treatment goals or objectives, bas…

The executive director of any facility within the Department of Mental Health and Substance Abuse Services shall have custody and control of a consumer within the facility during the period of time the consumer is detained for observation or treatment or both, and shall be respon…

Before proceeding with any major operation which in the judgment of the executive director of the facility is advisable or necessary, the executive director shall notify or cause to be notified the spouse, parent or guardian or one of the next of kin residing in Oklahoma, if the …

Any citation, order or process required by law to be served on a consumer of a facility within the Department of Mental Health and Substance Abuse Services shall be served only by the executive director in charge or by someone designated by the executive director. Return to the c…

A. Mechanical restraints shall not be applied to a consumer unless: 1. It is determined by an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse who is authorized to order restraint by hospital or community-based structured cris…

A. Subject to the restrictions imposed by subsection B of this section, a consumer in an inpatient or residential mental health facility has the right to: 1. Receive a reasonable number of visitors at reasonable times; 2. Reasonable access to make and receive telephone calls; 3. …

A. A person receiving treatment for mental illness or alcohol- or drug-dependency may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if: 1. The consumer voluntarily agrees to perform the …

A consumer at a facility within the Department of Mental Health and Substance Abuse Services is liable for his or her care and treatment. This claim of the state for such care and treatment shall constitute a valid indebtedness against any such consumer and the estate of the cons…

The amount payable for care and treatment shall be determined by the Commissioner subject to the approval of the Board. At no time shall a person be refused care and treatment because of inability to pay. Added by Laws 1953, p. 172, § 112, emerg. eff. June 3, 1953. Amended by Law…

A. The Board of Mental Health and Substance Abuse Services may promulgate rules authorizing the executive director or designee of a facility within the Department of Mental Health and Substance Abuse Services at which a consumer is being treated to charge on a sliding scale or wa…

The cost of the care and treatment of the consumer shall be paid monthly unless the Commissioner of Mental Health and Substance Abuse Services and any person agreeing to make the payments may arrange for quarterly or semiannual payments. The executive director of a facility withi…

A. If a guardian has been appointed for the estate of a consumer in a facility within the Department of Mental Health and Substance Abuse Services, the court shall order the guardian to pay the amount of the state’s claim for care and treatment. B. If no guardian has been appoint…

In all suits or proceedings instituted in accordance with Sections 4-205 and 2-207 of this title, the executive director of the facility shall furnish proof of the indebtedness of a consumer and the amount due the state for the care and treatment of the consumer. All collected mo…

A. Any person who has a mental illness or is alcohol- or drug- dependent to a degree which warrants inpatient treatment or care, and who is not in confinement in any jail or correctional facility on a criminal charge or conviction and who has no criminal charges pending against h…

No person shall be accepted into any facility without the use of the properly executed official forms. The properly executed order to hospitalize or the order of admission shall be full and sufficient authority and protection to the executive director or the person acting as such…

Any person who shall knowingly contrive or conspire to have ordered or admitted any person to an institution for the mentally ill or a facility for the treatment of alcohol-dependent or drug- dependent persons, unlawfully or maliciously shall be guilty of a misdemeanor, and upon …

Any person who intentionally falsely attests to the mental illness, alcohol dependency, or drug dependency of any person, or whose false attestations as to mental illness, alcohol dependency, or drug dependency of any person is proved to be the result of negligence or deficient p…

All facilities wherein persons are detained for any purpose under the provisions of this act shall allow such detained person the right to contact a relative, close friend or attorney immediately upon entry into such place of detention. Added by Laws 1980, c. 324, § 4, emerg. eff…

When any person alleged in any court to be mentally ill, alcohol-dependent, or drug-dependent, or shall have been adjudged to be mentally ill, alcohol-dependent, or drug-dependent and shall be in the legal custody of the county sheriff as prescribed by law, if such person has not…

A. Upon receiving an order from a district court to convey a mentally ill, alcohol-dependent, or drug-dependent female to a facility, the sheriff of such county shall procure a suitable female to assist in conveying the female to the facility if the sheriff or deputy who will be …

special care unit. A. Appropriate treatment and medication, including psychotropic medication, may be administered to a consenting individual: 1. During the detention periods authorized by the Mental Health Law; 2. During the time set forth in the Mental Health Law for the precom…

As used in Sections 5-206 through 5-209 of this title: 1. "Mental health evaluation" means the examination of a person, either in person or via telemedicine, who appears to have a mental illness or be alcohol- or drug-dependent by two licensed mental health professionals, at leas…

A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Noth…

A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Noth…

A. Any person who appears to be or states that such person is mentally ill, alcohol-dependent, or drug-dependent to a degree that immediate emergency action is necessary may be taken into protective custody and detained as provided pursuant to the provisions of this section. Noth…

A. 1. A consumer in protective custody as provided by Section 5-207 of this title shall be subject to an initial assessment at the appropriate facility by a licensed mental health professional within twelve (12) hours of being placed in protective custody for the purpose of deter…

A. A person may be detained in emergency detention more than one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, only if the facility in which the person being detained is presented with a copy of an order of the district court authorizing further de…

A. There is hereby created, to continue until July 1, 2012, the Law Enforcement Behavioral Health Emergency Dispatch Task Force. B. The Task Force shall consist of eleven (11) members as follows: 1. The Commissioner, or designee, of the Department of Mental Health and Substance A…

Sections 5-301 through 5-311 of the Mental Health Law shall be known and may be cited as the "Mental Hospital Voluntary Admission Procedures Act". Added by Laws 1963, c. 81, § 1, emerg. eff. May 21, 1963. Amended by Laws 1986, c. 103, § 69, eff. Nov. 1, 1986. Renumbered from § 55…

As used in the Mental Hospital Voluntary Admission Procedures Act, "person" shall include: 1. An individual eighteen (18) years of age or older; or 2. A court-appointed Guardian Ad Litem or an individual given the power of attorney to make medical decisions for the individual. Ad…

A. Any person may be admitted to a state mental hospital or state-operated community mental health center or a private mental health hospital or private community mental health center on a voluntary basis as an informal consumer when there are available accommodations and in the …

The state and its agents do not have a legal duty to admit a person as an informal consumer, and refusal to admit a person as an informal consumer, if made in good faith, shall not give rise to a cause of action by anyone damaged as a result of such refusal. Added by Laws 1985, c…

A. The Board of Mental Health and Substance Abuse Services shall promulgate rules for the reception and retention of voluntary consumers by state facilities. B. The executive director in charge of any state facility or licensed private hospital for care and treatment of the menta…

Any person desiring and needing psychiatric treatment in a state facility for the mentally ill as a voluntary consumer may present a written application to the judge of the district court: 1. Of the county in which the person resides; or 2. Of the county in which a state hospital…

The application described in Section 5-305 of this title shall be accompanied by a certificate in duplicate signed by a licensed doctor of medicine or osteopathic physician who is duly licensed to practice his such profession by the Oklahoma State Board of Medical Licensure and S…

When the applicant appears in person before the judge of the district court and presents the application and the certificate of the examining doctor of medicine or osteopathic physician, the judge of the district court shall fully question the applicant. If the judge of the distr…

The order of the judge of the district court authorizing the admission of an applicant as a voluntary consumer pursuant to the provisions of the Mental Hospital Voluntary Admission Procedures Act shall contain the following findings: 1. A physician licensed in this state personal…

No consumer admitted to a state or private mental hospital under the provisions of the Mental Hospital Voluntary Admission Procedures Act shall be detained in a mental hospital against the will of the person more than one hundred twenty (120) hours or five (5) days, excluding wee…

Unless otherwise provided by law, the provisions of the Mental Health Law shall be applicable to consumers admitted to state mental hospitals under the provisions of the Mental Hospital Voluntary Admission Procedures Act. Added by Laws 1963, c. 81, § 7, emerg. eff. May 21, 1963. …