Title 43A, Title 43A — Mental Health
0 chapters · 249 sections in this title.
43A O.S. § 13-101 Mental health first aid pilot program
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A. Contingent upon funding, the Department of Mental Health and Substance Abuse Services shall develop and implement a mental health first aid pilot program. The purpose of the mental health first aid pilot program shall be to train non-mental-health professionals in how to suppo…
43A O.S. § 14-101 Short title — Oklahoma Elder Exploitation and Abuse
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Act. Sections 2 through 7 of this act shall be known and may be cited as the "Oklahoma Elder Exploitation and Abuse Act". Added by Laws 2025, c. 177, § 2, eff. Nov. 1, 2025.
43A O.S. § 14-102 Purpose — Legislative intent
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A. The purpose of the Oklahoma Elder Exploitation and Abuse Act is to promote the general welfare of all citizens by establishing a civil action for incapacitated persons and vulnerable adults which provides for the protection of their rights and affords them a right of civil act…
43A O.S. § 14-103 Definitions
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A. When used in the Oklahoma Elder Exploitation and Abuse Act: 1. "Abuse" means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, mental anguish or personal degradation, or b. the deprivati…
43A O.S. § 14-104 Venue — Damages — Attorney fees — Access to records
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A. A claim for elder neglect, exploitation, or abuse, as prescribed in this section, may be brought in any district court within the county in the State of Oklahoma in which the vulnerable adult lives or maintains his or her residence or was living at the time of the act or omiss…
43A O.S. § 14-105 Restraining order or other injunctive relief
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The district court in which a claim authorized in this act is filed may, upon proper application, issue a restraining order or other injunctive relief to prohibit any further violation of this act, regardless of the existence of any other remedy at law and in addition thereto. Ad…
43A O.S. § 14-106 Applicability of physician-patient and spousal
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privileges. Subject to a specific court order, the physician-patient privilege nor spousal privilege shall be grounds for excluding evidence regarding the neglect, exploitation, or abuse of a vulnerable adult or the cause thereof in any judicial proceeding arising under this act.…
43A O.S. § 2-101 Department of Mental Health and Substance Abuse
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Services - Board of Mental Health and Substance Abuse Services. A. 1. There is hereby established in this state a Department of Mental Health and Substance Abuse Services. 2. This Department's governing board shall be the Board of Mental Health and Substance Abuse Services, and i…
43A O.S. § 2-102 Department to have charge and control of state
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institutions. Unless otherwise specified by law, the Department of Mental Health and Substance Abuse Services shall have charge and control of any and all state institutions established for the care of the mentally ill and drug- or alcohol-dependent person. Added by Laws 1953, p.…
43A O.S. § 2-103 Board of Mental Health and Substance Abuse Services -
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Members - Meetings - Visitation - Expenses. A. The Board of Mental Health and Substance Abuse Services shall be composed of the following nine (9) members: 1. Five members appointed by the Governor; 2. Two members appointed by the Speaker of the House of Representatives; and 3. T…
43A O.S. § 2-104 Disposition of surplus equipment and land - Purchases
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A. The Department of Mental Health and Substance Abuse Services may declare equipment which is surplus to the needs of the Department to the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall dispose of the surpluses as provided b…
43A O.S. § 2-105 Board as Mental Health and Substance Abuse Services
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Authority. On and after July 1, 1967, the Board of Mental Health and Substance Abuse Services shall be the Mental Health and Substance Abuse Services Authority of the State of Oklahoma. Added by Laws 1967, c. 324, § 4, emerg. eff. May 16, 1967. Renumbered from § 24 of this title …
43A O.S. § 2-106 Grants, devises, donations and bequests - Investment of
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funds - Lease or sale of property - Annual account to State Auditor and Inspector. A. 1. The Board of Mental Health and Substance Abuse Services, the Commissioner of Mental Health and Substance Abuse Services or any employee of the Department of Mental Health and Substance Abuse …
43A O.S. § 2-107 Capital Outlay Fund - Approval of easements, rights-of-
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way and leases - Deposit and use of proceeds. A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Capital Outlay Fund". The fund shall be a continuing fund, not subject to fisc…
43A O.S. § 2-108 Investigation of wrongful, negligent or improper
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treatment - System for prompt resolution of complaints - Confidentiality of information. A. When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract …
43A O.S. § 2-109 Office of Consumer Advocacy - Advocate General and
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staff - Confidentiality of information. A. The Department of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may …
43A O.S. § 2-110 Citizen advisory groups
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A. The Commissioner of Mental Health and Substance Abuse Services may appoint such citizen advisory groups as are deemed necessary for effective planning and delivery of services. Membership, terms and other details related to the functioning of such groups shall be established b…
43A O.S. § 2-111 Real property trust
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A. 1. The Board of Mental Health and Substance Abuse Services is hereby authorized and directed to create a trust into which all real property held by or for the benefit of the Department of Mental Health and Substance Abuse Services shall be transferred. 2. The trust shall provi…
43A O.S. § 2-201 Commissioner of Mental Health and Substance Abuse
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Services - Qualifications - Salary. A. A Commissioner of Mental Health and Substance Abuse Services shall be appointed by the Board of Mental Health and Substance Abuse Services. The Commissioner may only be removed by the Board for cause. The Commissioner shall meet at least one…
43A O.S. § 2-202.1 Commissioner - Powers and duties
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A. The Commissioner of Mental Health and Substance Abuse Services shall have charge of the administration of the Department of Mental Health and Substance Abuse Services as directed by the Board of Mental Health and Substance Abuse Services and shall be charged with the duty of c…
43A O.S. § 2-203 Classifications of employee positions - Exceptions
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The Commissioner of Mental Health and Substance Abuse Services shall classify as a part of the Merit System of Personnel Administration all positions for which there are established Merit System Classifications, except those positions unique to hospital and clinic functions, thos…
43A O.S. § 2-205 Internal audit program
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The Department of Mental Health and Substance Abuse Services is hereby directed to employ one or more internal auditors to establish and perform an effective and comprehensive internal audit program. Such program shall include, but not be limited to, reviews of accounting procedu…
43A O.S. § 2-206 Legal services
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The Department of Mental Health and Substance Abuse Services may provide for legal services, and the Commissioner may employ or contract with attorneys as needed and determine their salaries; provided, however, that the attorneys may appear for and represent the Commissioner, the…
43A O.S. § 2-207 Employment of assistants and counsel by Commissioner to
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enforce claims. The Commissioner of Mental Health and Substance Abuse Services may employ persons to assist in collecting the amount due the state for the care and treatment of consumers, and may employ counsel to institute such actions or proceedings as the Commissioner may deem…
43A O.S. § 2-213 Chaplain - Duties
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Each institution within the Department may have a chaplain. The duties of the chaplain shall be established by the Commissioner. Added by Laws 1953, p. 159, § 23, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 17, eff. Nov. 1, 1986. Renumbered from § 23 of this title b…
43A O.S. § 2-214 Training of institution personnel - Use of funds
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The Commissioner of Mental Health and Substance Abuse Services is authorized to establish training schools within the Department or within any of the institutions operated by the Department, for the training of necessary personnel for the institutions, or may arrange for the trai…
43A O.S. § 2-218 Misuse or misappropriation of funds or property of
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canteen. Any officer or employee within the Department who shall misuse or misappropriate any funds or other property of a canteen established at an institution within the Department shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand …
43A O.S. § 2-219 Mistreatment of consumer
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Any officer or employee of a facility who maliciously assaults, beats, batters, abuses, or uses mechanical restraints, or willfully aids, abets, advises or permits any consumer confined therein to be maliciously assaulted, beaten, battered, abused, or mechanically restrained shal…
43A O.S. § 2-220 Failure of executive director to report mistreatment
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An executive director of a facility who fails to report to the district attorney of the county in which the facility is located any officer or employee who shall willfully or maliciously assault, beat, batter, abuse or use mechanical restraints without authority or who aids, abet…
43A O.S. § 2-221 Utilization of State Personnel Interchange Program -
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Contracts with other state agencies, boards and commissions. A. The Department of Mental Health and Substance Abuse Services may utilize the services of other state agencies, boards and commissions pursuant to the State Personnel Interchange Program, Section 840.26 et seq. of Tit…
43A O.S. § 2-224 Collection of information for administrative purposes -
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Confidentiality. A. The Department of Mental Health and Substance Abuse Services shall have the authority to collect information sufficient to meet the administration’s needs related to oversight, management, evaluation, performance improvement and auditing of mental health, and …
43A O.S. § 2-301 Office, records and files
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The principal office of the Department, with all records and files of same, shall be maintained in Oklahoma City, Oklahoma and shall be designated the central office. Names of all personnel employed in each institution in the Department; all essential and important data; statisti…
43A O.S. § 2-302 Central Office - Petty cash fund
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There is hereby created a petty cash fund at the Central Office. The Director of the Office of Management and Enterprise Services and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director…
43A O.S. § 2-303 Department of Mental Health and Substance Abuse
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Services Revolving Fund. A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Department of Mental Health and Substance Abuse Services Revolving Fund". 2. The fund shall be a co…
43A O.S. § 2-304 Malpractice insurance for certain employees
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The Department of Mental Health and Substance Abuse Services may purchase, with public funds, insurance to protect against malpractice and other liability on the part of professional staff and other employees, administrators and members of the Board of Mental Health and Substance…
43A O.S. § 2-305 Authorization to purchase
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Facilities within the Department of Mental Health and Substance Abuse Services are hereby authorized to purchase ambulances, handicapped-equipped transportation vehicles, buses and fire fighting equipment, including fire trucks, from funds available for the operating expenses of …
43A O.S. § 2-306 Office of Management and Enterprise Services as
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purchasing agent – Transfer of property to trust. A. The Office of Management and Enterprise Services shall be the purchasing agent for each institution in the Department of Mental Health and Substance Abuse Services, but in other matters has no governing power or control of the …
43A O.S. § 2-307 Property to state in trust for mentally incompetent or
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poor person - Validity - Minimum amount. Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money, and the proceeds paid over to the state, or the Treasurer thereof, in trust for any insane person, and any will bequeathing or …
43A O.S. § 2-310 Intra-agency Reimbursement Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Intra-agency Reimbursement Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations. Revenues t…
43A O.S. § 2-311 Community-based Substance Abuse Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the Community-based Substance Abuse Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and sh…
43A O.S. § 2-312.1 County Community Safety Investment Fund
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A. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the “County Community Safety Investment Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shal…
43A O.S. § 2-312.2 Savings and averted costs from implementation of the
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Oklahoma Smart Justice Reform Act. No later than July 31 of each year, the Legislative Office of Fiscal Transparency shall calculate the annual savings and averted costs from the prior fiscal year that accrued to the state due to the reduction of the number and length of incarcer…
43A O.S. § 2-312.3 Compliance
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An amount equal to the savings calculated by the Legislative Office of Fiscal Transparency pursuant to Section 632 of this title shall, subject to appropriation by the Legislature, be paid to the County Community Safety Investment Fund created in Section 631 of this title. This s…
43A O.S. § 2-312.4 Request for proposals for funds
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A. Subject to availability of funds under Section 2-312.1 of this title, the Department of Mental Health and Substance Abuse Services shall annually issue a request for proposals by which county governments or multi-county partnerships may apply for funds for the development and …
43A O.S. § 2-401.1 Emergency opioid antagonists for Department of
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Corrections and county jails — Opioid overdoes education program. A. As used in this section, “emergency opioid antagonist” means a drug including but not limited to naloxone that blocks the effects of opioids and that is approved by the United States Food and Drug Administration…
43A O.S. § 2-401.2 Emergency opioid antagonists for hospitals
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A. As used in this section: 1. “Emergency opioid antagonist” means a drug including but not limited to naloxone that blocks the effects of opioids and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose; and 2. “Health benefi…
43A O.S. § 2-402 Nonopioid alternatives — Funding opportunities —
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Political subdivision assistance. The Department of Mental Health and Substance Abuse Services, the State Department of Health, and the Oklahoma Health Care Authority shall: 1. Collaborate to seek funding opportunities for educational and health care services related to nonopioid…
43A O.S. § 3-101 Facilities maintained for residents
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The facilities within the Department of Mental Health and Substance Abuse Services, which may be maintained for residents of the state, are: 1. Griffin Memorial Hospital, Norman; 2. Oklahoma Forensic Center, Vinita; 3. Children's Recovery Center of Oklahoma, Norman; 4. Tulsa Cent…
43A O.S. § 3-102 Carl Albert Community Mental Health and Substance Abuse
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Services Center - Jim Taliaferro Community Mental Health and Substance Abuse Services Center. A. The Carl Albert Community Mental Health and Substance Abuse Services Center, McAlester, Oklahoma, and the Jim Taliaferro Community Mental Health and Substance Abuse Services Center, L…
43A O.S. § 3-103 Central Oklahoma Community Mental Health and Substance
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Abuse Services Center - Transfer of property, etc. – Petty cash fund. A. The Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma, is hereby designated a facility within the Department of Mental Health and Substance Abuse Services and sha…