ENROLLED HOUSE
BILL NO. 3451 By: Boatman and Deck of the House
and
Rosino
of the Senate
An Act relating to mental health; amending 43A O.S. 2021,
Section 1-103, as amended by Section 1, Chapter 297, O.S.L. 2022 (43A O.S.
Supp. 2023, Section 1-103), which relates to definitions; clarifying a
definition; and providing an effective date.
SUBJECT: Mental health
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 43A O.S. 2021,
Section 1-103, as amended by Section 1, Chapter 297, O.S.L. 2022 (43A O.S.
Supp. 2023, 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 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 Services;
3.
"Mental illness" means a substantial disorder of thought,
mood, perception, psychological orientation or memory that significantly
impairs judgment, 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 has 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, or drug or alcohol dependency, gambling
addiction, or an eating disorders, an opioid substitution treatment
program disorder including, but not limited to, public or private
hospitals, community mental health centers, clinics, satellites or
facilities, and community-based structured crisis centers; provided,
that facility shall not mean a child 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;
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 admission 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 Oklahoma Allopathic Medical and Surgical
Licensure and Supervision Act or the Oklahoma 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 pursuant 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,
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 drug alcohol and alcohol 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 appropriate 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 manifested 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 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 severe 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 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. The
To the extent it is reasonably available, the relevant mental health or
substance abuse history of the person shall be considered and may be used
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 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 disorder,
(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.
(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 petition 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 federal government. The term "private hospital" or
"facility" shall not 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 designated 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 specific
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 professional 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
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 delivery 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, but 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
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 employment, 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,
d. has
a history of lack of compliance with treatment for mental illness that has:
(1) prior
to the filing of a petition, 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 including 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 specialized 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) months,
e. is,
as a result of his or her mental illness, unlikely to voluntarily participate
in outpatient treatment 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 harm 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 the
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 (59) minutes of services may be provided
to a consumer during one episode of care at an urgent recovery clinic.
SECTION 2.
This act shall become effective November 1, 2024.
Passed the
House of Representatives the 11th day of March, 2024.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 17th day of
April, 2024.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________, 20_______,
at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________