1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|COMMITTEE SUBSTITUTE | |FOR | 4|SENATE BILL 1794 By: Stanley | | | 5| | | | 6| | | | 7| COMMITTEE SUBSTITUTE | | | 8| An Act relating to mental health; creating the | | Oklahoma Behavioral Health Vacancy Registry Act; | 9| providing short title; defining terms; requiring | | establishment of certain behavioral health vacancy | 10| registry; describing registry; requiring registry to | | include certain dedicated forensic competency module; | 11| mandating certain participation and reporting; | | requiring certain updates and accurate reporting; | 12| providing certain exception; providing certain | | construction; allowing access and placement requests | 13| by authorized referral sources; imposing certain | | requirements and restrictions on covered facilities; | 14| stating certain grounds for corrective action; | | authorizing certain audits and administrative | 15| remedies; directing confidentiality of registry data | | and compliance with privacy laws; authorizing certain | 16| public reporting; directing promulgation of rules; | | providing for codification; and providing an | 17| effective date. | | | 18| | | | 19| | | | 20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 21| SECTION 1. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 1-111 of Title 43A, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | Req. No. 3612 Page 1 ___________________________________________________________________________
1| A. This section shall be known and may be cited as the | | | 2|"Oklahoma Behavioral Health Vacancy Registry Act". | | | 3| B. As used in this section: | | | 4| 1. "Available bed" or "available treatment capacity" means a | | | 5|staffed and operational treatment slot that may be assigned to a | | | 6|consumer consistent with the covered facility's licensed level of | | | 7|care and written admission criteria; | | | 8| 2. "Covered facility" means a facility, other than a hospital | | | 9|or hospital-based psychiatric unit, that is licensed or certified in | | | 10|this state and authorized to accept consumers for: | | | 11| a. emergency detention, protective custody, or | | | 12| assessment as provided by Sections 1-110 and 5-207 of | | | 13| Title 43A of the Oklahoma Statutes, or | | | 14| b. court-ordered competency evaluations and competency | | | 15| restoration services as described in paragraph 3 of | | | 16| subsection C of this section; and | | | 17| 3. "Referral source" means a facility, provider, court, law | | | 18|enforcement agency, crisis services provider, or other entity | | | 19|authorized by the Department of Mental Health and Substance Abuse | | | 20|Services to request placement through the registry created under | | | 21|this section. | | | 22| C. 1. The Department of Mental Health and Substance Abuse | | | 23|Services shall establish and maintain a secure, electronic, | | | 24| | | | Req. No. 3612 Page 2 ___________________________________________________________________________
1|statewide behavioral health vacancy registry to expedite placements | | | 2|associated with: | | | 3| a. emergency detention, protective custody, or | | | 4| assessment as provided by Sections 1-110 and 5-207 of | | | 5| Title 43A of the Oklahoma Statutes, or | | | 6| b. court-ordered competency evaluations and competency | | | 7| restoration services as described in paragraph 3 of | | | 8| this subsection. | | | 9| 2. The registry shall provide near real-time information | | | 10|regarding available beds and available treatment capacity at covered | | | 11|facilities in this state. | | | 12| 3. The registry shall include a dedicated forensic competency | | | 13|module to support court-ordered competency evaluations and | | | 14|competency restoration services conducted pursuant to Sections | | | 15|1175.1 through 1175.6a of Title 22 of the Oklahoma Statutes, | | | 16|including referrals arising from findings of incompetency to stand | | | 17|trial and orders for treatment to restore competency, in compliance | | | 18|with all applicable state laws and any applicable state or federal | | | 19|consent decree. | | | 20| D. Each covered facility shall participate in the registry and | | | 21|report, in the manner prescribed by rules promulgated by the Board | | | 22|of Mental Health and Substance Abuse Services: | | | 23| 1. Licensed capacity and staffed capacity; | | | 24| 2. Current available beds or available treatment capacity; | | | Req. No. 3612 Page 3 ___________________________________________________________________________
1| 3. Population served, age range, and level of care; | | | 2| 4. Whether the facility accepts placements associated with | | | 3|emergency detention, protective custody, or assessment as provided | | | 4|by Sections 1-110 and 5-207 of Title 43A of the Oklahoma Statutes or | | | 5|court-ordered competency evaluations and competency restoration | | | 6|services as described in paragraph 3 of subsection C of this | | | 7|section; | | | 8| 5. Admission limitations based on clinical capability or safety | | | 9|requirements; and | | | 10| 6. Contact information for placement coordination available on | | | 11|a twenty-four-hour basis. | | | 12| E. 1. Covered facilities shall update registry information | | | 13|upon a material change in availability and at intervals established | | | 14|by the Board through rule. | | | 15| 2. A covered facility shall ensure reported availability | | | 16|accurately reflects available beds or available treatment capacity | | | 17|that is staffed and capable of accepting a placement at the time | | | 18|reported. | | | 19| F. 1. Participation in the registry and compliance with the | | | 20|requirements of this section by hospitals and hospital-based | | | 21|psychiatric units shall be voluntary and on an opt-in basis, except | | | 22|as otherwise required by contract or federal law. | | | 23| 2. Nothing in this section shall be construed to expand, limit, | | | 24|replace, or conflict with a hospital's obligations under the | | | Req. No. 3612 Page 4 ___________________________________________________________________________
1|Emergency Medical Treatment and Labor Act (EMTALA). Hospitals | | | 2|participating in the registry shall remain subject to EMTALA | | | 3|regardless of registry participation. | | | 4| G. 1. An authorized referral source may access the registry | | | 5|for placement purposes. The registry shall allow an authorized | | | 6|referral source to submit a placement request or reservation for an | | | 7|available bed at a covered facility. | | | 8| 2. A covered facility shall respond to a registry placement | | | 9|request within the time period established by the Board through rule | | | 10|and shall document acceptance or denial in accordance with rules | | | 11|promulgated by the Board. A registry reservation confirmed by a | | | 12|covered facility shall be honored for the time period established by | | | 13|the Board through rule unless material clinical information changes | | | 14|or the consumer no longer meets admission criteria. | | | 15| 3. A covered facility: | | | 16| a. shall apply its written admission criteria in a | | | 17| consistent and nondiscriminatory manner, and | | | 18| b. shall not refuse admission of an otherwise | | | 19| appropriate consumer when the registry shows available | | | 20| treatment capacity and the consumer meets the | | | 21| facility's stated admission criteria for placement | | | 22| under Sections 1-110 and 5-207 of Title 43A of the | | | 23| Oklahoma Statutes or Sections 1175.1 through 1175.6a | | | 24| | | | Req. No. 3612 Page 5 ___________________________________________________________________________
1| of Title 22 of the Oklahoma Statutes, except for | | | 2| documented clinical or safety reasons. | | | 3| 4. A pattern or practice of refusals inconsistent with reported | | | 4|available treatment capacity or stated admission criteria, including | | | 5|selective acceptance designed to avoid higher-acuity or forensic | | | 6|consumers, may constitute noncompliance subject to review and | | | 7|corrective action by the Department under subsection H of this | | | 8|section. | | | 9| H. 1. The Department may audit registry submissions and | | | 10|covered facility responses for accuracy, timeliness, and consistency | | | 11|with admission criteria. | | | 12| 2. If the Department determines a covered facility has failed | | | 13|to report accurately, respond timely, or comply with this section or | | | 14|rules promulgated pursuant to this section, the Department may | | | 15|require a corrective action plan and may impose administrative | | | 16|remedies as provided by law. | | | 17| I. 1. The registry shall not include personally identifiable | | | 18|consumer health information. | | | 19| 2. All registry data collection and use shall comply with | | | 20|applicable state and federal privacy laws, including the Health | | | 21|Insurance Portability and Accountability Act of 1996 (HIPAA) and 42 | | | 22|C.F.R., Part 2 as applicable. | | | 23| 3. The Department may publish aggregate, de-identified reports | | | 24|regarding system capacity, utilization, and placement timeliness. | | | Req. No. 3612 Page 6 ___________________________________________________________________________
1| J. The Board shall promulgate rules necessary to implement the | | | 2|provisions of this section including, but not limited to, reporting | | | 3|standards, update intervals, placement priority standards, queue | | | 4|management practices, access controls, documentation of denials, | | | 5|reservation time frames, forensic module standards, and compliance | | | 6|procedures. | | | 7| SECTION 2. This act shall become effective November 1, 2026. | | | 8| | | | 9| 60-2-3612 DC 2/16/2026 5:10:26 PM | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 3612 Page 7