1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3489 By: McCane | | | 4| | | | 5| | | | 6| | | | 7| AS INTRODUCED | | | 8| An Act relating to mental health crisis; creating the | | Oklahoma Health Crisis Communication and Patient | 9| Rights Act; defining terms; providing for intake | | procedures; providing for temporary decision support; | 10| establishing regulations for capacity and consent; | | providing for transfer notification and continuity of | 11| care; allowing for coordination with primary care | | providers; requiring reports to the Legislature; | 12| providing for patient rights; providing for | | codification; and providing an effective date. | 13| | | | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. NEW LAW A new section of law not to be | | | 18|codified in the Oklahoma Statutes reads as follows: | | | 19| This act shall be known and may be cited as the "Oklahoma Health | | | 20|Crisis Communication and Patient Rights Act". | | | 21| SECTION 2. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 4-110 of Title 43A, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| As used in this act: | | | Req. No. 15619 Page 1 ___________________________________________________________________________
1| 1. "Approved contact" means an individual designated verbally | | | 2|or in writing by the patient to receive information consistent with | | | 3|federal and state law including the Health Insurance Portability and | | | 4|Accountability Act (HIPAA); | | | 5| 2. "Capacity assessment" means a clinical determination of a | | | 6|patient's ability to understand, make, and communicate informed | | | 7|decisions concerning treatment; | | | 8| 3. "Mental health facility" means any hospital crisis center, | | | 9|residential treatment program, or other licensed facility that | | | 10|provides evaluation, stabilization, or treatment for mental health | | | 11|conditions; and | | | 12| 4. "Temporary decision support" means a lawful process created | | | 13|by this act that allows a family member or legally authorized | | | 14|representative to participate in treatment decisions when a patient | | | 15|lacks decision-making capacity. | | | 16| SECTION 3. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 4-110.1 of Title 43A, unless | | | 18|there is created a duplication in numbering, reads as follows: | | | 19| A. At the time of intake, every mental health facility shall: | | | 20| 1. Request that each patient identify one or more approved | | | 21|contacts; | | | 22| 2. Inform the patient of the right to authorize communication | | | 23|with family members, caregivers, or representatives; and | | | 24| | | | Req. No. 15619 Page 2 ___________________________________________________________________________
1| 3. Document the designation or refusal to designate any | | | 2|approved contact. | | | 3| B. When a patient is unable to communicate preferences, the | | | 4|facility may share limited information with a family member, | | | 5|caregiver, or responsible party based on professional judgment and | | | 6|in the best interest of the patient, consistent with the Health | | | 7|Insurance Portability and Accountability Act (HIPAA). | | | 8| C. All attempts to obtain patient authorization and all uses of | | | 9|professional judgment pursuant to this section shall be documented | | | 10|in the patient record. | | | 11| SECTION 4. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 4-110.2 of Title 43A, unless | | | 13|there is created a duplication in numbering, reads as follows: | | | 14| A. The Oklahoma Department of Mental Health and Substance Abuse | | | 15|Services shall establish a statewide temporary decision support | | | 16|process for patients who temporarily lack decision-making capacity. | | | 17| B. The temporary decision support process shall: | | | 18| 1. Allow participation by a family member or legally authorized | | | 19|representative; | | | 20| 2. Apply only during periods in which a patient is unable to | | | 21|make informed decisions; | | | 22| 3. Terminate immediately upon the patient regaining capacity; | | | 23| 4. Not replace guardianship proceedings or alter due process | | | 24|requirements; and | | | Req. No. 15619 Page 3 ___________________________________________________________________________
1| 5. Comply with all federal and state privacy and patient | | | 2|protection laws. | | | 3| C. All determinations of lack of capacity and all uses of | | | 4|temporary decision support shall be documented in the patient | | | 5|record. | | | 6| SECTION 5. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 4-110.3 of Title 43A, unless | | | 8|there is created a duplication in numbering, reads as follows: | | | 9| A. No mental health facility shall request or require a patient | | | 10|to sign medical, legal, or financial documents when the patient is | | | 11|experiencing impairment that affects decision making capacity. | | | 12| B. Facilities shall conduct and document a capacity assessment | | | 13|prior to obtaining informed consent for major treatment decisions or | | | 14|legal acknowledgments. | | | 15| C. When a patient lacks capacity the facility shall follow | | | 16|procedures established pursuant to Section 4 of this act. | | | 17| SECTION 6. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 4-110.4 of Title 43A, unless | | | 19|there is created a duplication in numbering, reads as follows: | | | 20| A. Prior to transferring a patient to another facility, the | | | 21|originating mental health facility shall: | | | 22| 1. Notify all approved contacts unless the patient expressly | | | 23|restricts notification; | | | 24| | | | Req. No. 15619 Page 4 ___________________________________________________________________________
1| 2. Provide the receiving facility with relevant information | | | 2|necessary to ensure continuity of care; and | | | 3| 3. Document the clinical justification for any transfer and | | | 4|comply with all applicable requirements of the Emergency Medical | | | 5|Treatment and Labor Act. | | | 6| B. A facility that fails to notify an approved contact without | | | 7|documented patient restriction or documented safety necessity shall | | | 8|be subject to administrative review by the Oklahoma Department of | | | 9|Mental Health and Substance Abuse Services. | | | 10| SECTION 7. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 4-110.5 of Title 43A, unless | | | 12|there is created a duplication in numbering, reads as follows: | | | 13| A. When clinically appropriate and when permitted by patient | | | 14|authorization or professional judgment consistent with the Health | | | 15|Insurance Portability and Accountability Act (HIPAA), mental health | | | 16|facilities shall coordinate care with the patient's primary care | | | 17|provider. | | | 18| B. Coordination may include the exchange of medication history, | | | 19|relevant medical records, discharge planning information, and other | | | 20|data required to support continuity of care. | | | 21| SECTION 8. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 4-110.6 of Title 43A, unless | | | 23|there is created a duplication in numbering, reads as follows: | | | 24| | | | Req. No. 15619 Page 5 ___________________________________________________________________________
1| A. The Oklahoma Department of Mental Health and Substance Abuse | | | 2|Services shall: | | | 3| 1. Promulgate rules to implement the provisions of this act; | | | 4| 2. Provide training to licensed facilities regarding | | | 5|communication procedures capacity assessment and temporary decision | | | 6|support; and | | | 7| 3. Establish a reporting system for communication failures, | | | 8|unsafe transfers, and violations of patient rights. | | | 9| B. The Department shall submit an annual report to the | | | 10|Legislature summarizing compliance patterns, areas of deficiency, | | | 11|and recommendations for improvement. | | | 12| SECTION 9. NEW LAW A new section of law to be codified | | | 13|in the Oklahoma Statutes as Section 4-110.7 of Title 43A, unless | | | 14|there is created a duplication in numbering, reads as follows: | | | 15| A. Mental health facilities shall ensure that no patient is | | | 16|denied humane treatment, safe discharge planning, or access to | | | 17|appropriate advocacy during a period of crisis. | | | 18| B. Facilities shall maintain written policies that protect: | | | 19| 1. The right to appropriate treatment; | | | 20| 2. The right to communication with approved contacts consistent | | | 21|with law; | | | 22| 3. The right to support from a legally recognized | | | 23|representative when the patient lacks capacity; and | | | 24| | | | Req. No. 15619 Page 6 ___________________________________________________________________________
1| 4. The right to timely review of complaints related to | | | 2|communication transfers or treatment conditions. | | | 3| SECTION 10. This act shall become effective November 1, 2026. | | | 4| | | | 5| 60-2-15619 TJ 12/12/25 | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 15619 Page 7