Title 43A, Mental Health

This act shall be known as the Mental Health Law. Added by Laws 1953, p. 152, § 1, emerg. eff. June 3, 1953. Renumbered from § 1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

A. The purpose of the Mental Health Law is to provide for the humane care and treatment of persons who: 1. Are mentally ill; or 2. Require treatment for drug or alcohol abuse. B. All such residents of this state are entitled to care and treatment in accordance with the appropriat…

When used in this title, unless otherwise expressly stated, or unless the context or subject matter otherwise 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…

The Oklahoma Legislature hereby declares that the public policy of this state is to assure adequate treatment of persons alleged to be in need of mental health treatment or treatment for drug or alcohol abuse, to establish behavioral standards for determination of dangerousness o…

No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court. Added by Laws 195…

The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitio…

A. Civil actions for involuntary commitment or assisted outpatient treatment of a person may be brought in any of the following counties: 1. The person's county of residence; 2. The county where the person was first taken into protective custody; or 3. The county in which the per…

A. Anyone in custody as a person in need of treatment, assisted outpatient or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in …

A. 1. All mental health and drug or alcohol abuse treatment information, whether or not recorded, and all communications between a physician or licensed mental health professional as defined in Section 1-103 of this title, or a licensed alcohol and drug counselor as defined in Se…

A. 1. Every adult having a mental illness as defined in Section 1-103 of this title who is under the care of a licensed mental health professional shall be informed by the licensed mental health professional or the mental health treatment facility that the consumer has the right …

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 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 “Mental Health Transport Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall co…

Sections 10-101 through 10-110 of this title may be cited as the "Protective Services for Vulnerable Adults Act". Added by Laws 1977, c. 264, § 1, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 1, eff. Nov. 1, 1984; Laws 1986, c. 103, § 97, eff. Nov. 1, 1986. Renumber…

A. The Legislature recognizes that many citizens of this state, because of the infirmities of aging, incapacity, or other disability are unable to manage their own affairs or to protect themselves from exploitation, abuse, or neglect and are in need of protective services. B. Ser…

A. When used in the Protective Services for Vulnerable Adults Act: 1. “Protective services” means services which are necessary to aid a vulnerable adult in meeting the essential requirements for mental or physical health and safety that the vulnerable adult is unable to provide o…

See the following versions: OS 43A-10-104v1 (HB 1681, Laws 2003, c. 332, § 3) OS 43A-10-104v2 (SB 949, Laws 2025, c. 215, § 5) §43A-10-104v1. Persons required to report abuse – Contents of report – Penalty – Immunity – False reports – Reporting of suspicious deaths – Impairment o…

A. 1. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report to either the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, o…

deaths - Impairment of employment prohibited. A. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report as soon as the person is aware of the situation to: 1. The Department of Human Services; 2.…

A. Upon receiving a report of alleged abuse, neglect, or exploitation of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act, the appropriate state entity shall make a prompt and thorough investigation. When feasible, law enforcement…

A. As soon as possible after initiating an investigation of a referral regarding a vulnerable adult, the appropriate state entity shall provide to the caretaker of the alleged victim, the legal guardian, and next of kin of the vulnerable adult notification including a brief oral …

A. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult needs protective services, the Department of Human Services shall immediately pr…

A. If a vulnerable adult lacks the capacity to consent to receive protective services recommended by the Department of Human Services, these services may be ordered by a court on an involuntary basis through an emergency order. B. 1. In ordering emergency involuntary protective s…

A. 1. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult is suffering from abuse, neglect, self-neglect, or financial neglect or explo…

A. In providing any of the duties set forth in this act, the Department of Human Services may provide direct protective services. B. The Department may contract with any public or private agency for the provision of protective services. C. The Department shall utilize to the exte…

A. The Commission for Human Services shall establish uniform policies detailing the responsibilities and duties of employees of the Department of Human Services when providing or arranging services for vulnerable adults whether the services are to be paid for by the vulnerable ad…

A. The reports, records, and working papers used or developed in an investigation of the circumstances of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act are confidential and may be disclosed only pursuant to rules promulgated by…

A. For purposes of this section: 1. “Near death” means the vulnerable adult is in serious or critical condition, as certified by a physician, as a result of abuse or neglect; and 2. "Vulnerable adult" shall be defined as provided in Section 10-103 of Title 43A of the Oklahoma Sta…

A. 1. The district courts are vested with jurisdiction to issue orders and enforce orders restricting visitation, by the custodian or by any other person specified by the court, of a vulnerable adult who is receiving or has been determined to need protective services pursuant to …

A. On or before January 1, 2024, the Office of the Attorney General shall establish and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Registry, accessible to the public in an electronic format and updated quarterly, to address: 1. A procedure for recording individ…

A. The Department of Human Services, together with the Department of Mental Health and Substance Abuse Services, shall develop and implement a Vulnerable Adult Intervention Task Force. The purpose of the task force shall be to study and examine how to best provide interdisciplina…

The Department of Human Services shall develop and disseminate a form to all providers of residential or vocational and employment services for incapacitated persons or vulnerable adults which shall be signed and witnessed by each caretaker working with incapacitated persons or v…

The Department of Human Services shall require all Adult Protective Services (APS) specialists to receive training regarding the recognition of individuals with cognitive impairment, effective intervention in cases involving the abuse and exploitation of individuals who are cogni…

A. In coordination with the District Attorneys Council, each district attorney may develop a multidisciplinary team for the investigation and prosecution of crimes committed against the elderly or vulnerable adults in each county of the district attorney or in a contiguous group …

This act shall be known and may be cited as the "Advance Directives for Mental Health Treatment Act". Added by Laws 1995, c. 251, § 1, eff. Nov. 1, 1995.

A. The Legislature finds that all competent persons have the fundamental right to control decisions relating to their own mental health treatment, including the decision to accept mental health treatment. B. A capable adult may make an advance directive of mental health treatment…

Whenever used in the Advance Directives for Mental Health Treatment Act: 1. "Advance directive for mental health treatment" means a written document voluntarily executed by a declarant in accordance with the requirements of this act and includes: a. a declaration, or b. the appoi…

A. Any capable person eighteen (18) years of age or older may execute an advance directive for mental health treatment stating the mental health treatment wishes of the person in the event the person is determined to be incapable and mental health treatment is determined to be ne…

A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant: 1. Is known to them; 2. Signed the advance directive for mental health …

A. A declaration stating the mental health treatment wishes of the declarant executed in accordance with the provisions of this act shall be substantially in the form provided by subsection E of this section. B. A declarant may designate a capable person eighteen (18) years of ag…

A. The wishes of a declarant, at all times while the declarant is capable, shall supersede the effect of an advance directive for mental health treatment. B. An advance directive for mental health treatment shall become operative when: 1. It is delivered to the declarant's physic…

A. It shall be the responsibility of the declarant to provide for delivery of the advance directive for mental health treatment to the attending physician or psychologist. 1. In the event the declarant is comatose, incompetent, or otherwise mentally or physically incapable after …

A. An advance directive for mental health treatment may be revoked in whole or in part by the declarant at any time while the declarant is capable by any of the following methods: 1. By being destroyed by the declarant or by some person in the declarant's presence and at the decl…

A. The attending physician or psychologist shall continue to obtain the declarant’s informed consent to all mental health treatment decisions when the declarant is capable of providing informed consent or refusal. B. A declarant appearing to require mental health treatment shall …

Any person may petition the district court for appointment of a guardian for a declarant when the person has good reason to believe that the provision of mental health treatment in a particular case: 1. Is contrary to the most recent expressed wishes of a declarant who was capabl…

A. In the absence of knowledge of the revocation of an advance directive for mental health treatment, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the advance directive for mental health treatment pursuant to the…

A. Any person who willfully conceals, cancels, defaces, alters, or obliterates the advance directive for mental health treatment of another without the declarant's consent, or who falsifies or forges a revocation of an advance directive of another, shall be, upon conviction, guil…

Sections 12-101 through 12-105 of this title shall be known and may be cited as the “Suicide Prevention Act”. Added by Laws 2001, c. 168, § 1, emerg. eff. May 2, 2001. Amended by Laws 2008, c. 113, § 1, eff. Nov. 1, 2008.

The purpose of the Suicide Prevention Act is to facilitate the translation of suicide-related data into comprehensive public policy that is directed toward reducing the number of attempted suicides and suicides in Oklahoma by: 1. Improving methods of identifying minors and adults…

As used in the Suicide Prevention Act: 1. “Attempted suicide” means the voluntary and intentional injury to one’s own body with the goal of ending one’s own life; and 2. “Suicide” means the voluntary and intentional taking of one’s own life. Added by Laws 2001, c. 168, § 3, emerg…

A. The Department of Mental Health and Substance Abuse Services shall act as the lead agency in implementing the provisions of the Suicide Prevention Act. B. The Department shall have primary responsibility for evaluating the effectiveness of efforts designed to reduce the number…