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 not 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, eating disorders, an opioid substitution treatment program including, but not limited to, public or private hospitals, community mental health centers, clinics, satellites or facilities; 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:
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:
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:
18. "Telemedicine" means technology-enabled health and care management and delivery systems that extend capacity and access, which includes:
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:
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.
Added by Laws 1953, p. 152, § 3, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 185, § 1, emerg. eff. June 27, 1959; Laws 1963, c. 310, § 1, emerg. eff. June 19, 1963; Laws 1965, c. 32, § 1, emerg. eff. March 3, 1965; Laws 1965, c. 381, § 1, emerg. eff. June 29, 1965; Laws 1977, c. 145, § 2, emerg. eff. June 3, 1977; Laws 1978, c. 247, § 1, eff. Oct. 1, 1978; Laws 1980, c. 324, § 1, emerg. eff. June 17, 1980; Laws 1986, c. 103, § 3, eff. Nov. 1, 1986. Renumbered from § 3 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 118, § 2, operative July 1, 1987; Laws 1990, c. 51, § 23, emerg. eff. April 9, 1990; Laws 1992, c. 389, § 1, emerg. eff. June 10, 1992; Laws 2001, c. 186, § 2, eff. Nov. 1, 2001; Laws 2002, c. 488, § 1, eff. Nov. 1, 2002; Laws 2003, c. 394, § 2; Laws 2005, c. 195, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, § 18, emerg. eff. March 29, 2006; Laws 2006, c. 97, § 1, eff. Nov. 1, 2006; Laws 2008, c. 401, § 1, eff. Nov. 1, 2008; Laws 2010, c. 287, § 1, eff. Nov. 1, 2010; Laws 2011, c. 294, § 1, eff. Nov. 1, 2011; Laws 2013, c. 37, § 1, eff. Nov. 1, 2013; Laws 2013, c. 213, § 1, eff. Nov. 1, 2013; Laws 2015, c. 161, § 1, eff. Nov. 1, 2015; Laws 2016, c. 177, § 2, eff. Nov. 1, 2016; Laws 2017, c. 246, § 1, eff. Nov. 1, 2017; Laws 2019, c. 387, § 1, eff. Nov. 1, 2019; Laws 2019, c. 475, § 29, eff. Nov. 1, 2019; Laws 2021, c. 293, § 2, eff. Nov. 1, 2021; Laws 2022, c. 297, § 1, eff. Nov. 1, 2022.
NOTE: Laws 2005, c. 150, § 1 repealed by Laws 2006, c. 16, § 19, emerg. eff. March 29, 2006.
Structure Oklahoma Statutes
§43A-1-105. Mental or legal incompetence - Presumptions.
§43A-1-106. Representation of state in court proceedings.
§43A-1-107. Venue of actions - Hearings.
§43A-1-108. Habeas corpus - Notice - Evidence.
§43A-1-109. Confidential and privileged information - Disclosure.
§43A-1-109.1. Treatment advocates.
§43A-2-102. Department to have charge and control of state institutions.
§43A-2-104. Disposition of surplus equipment and land - Purchases.
§43A-2-105. Board as Mental Health and Substance Abuse Services Authority.
§43A-2-110. Citizen advisory groups.
§43A-2-111. Real property trust.
§43A-2-201. Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary.
§43A-2-202.1. Commissioner - Powers and duties.
§43A-2-203. Classifications of employee positions - Exceptions.
§43A-2-205. Internal audit program.
§43A-2-207. Employment of assistants and counsel by Commissioner to enforce claims.
§43A-2-213. Chaplain - Duties.
§43A-2-214. Training of institution personnel - Use of funds.
§43A-2-218. Misuse or misappropriation of funds or property of canteen.
§43A-2-219. Mistreatment of consumer.
§43A-2-220. Failure of executive director to report mistreatment.
§43A-2-224. Collection of information for administrative purposes - Confidentiality.
§43A-2-301. Office, records and files.
§43A-2-302. Central Office - Petty cash fund.
§43A-2-303. Department of Mental Health and Substance Abuse Services Revolving Fund.
§43A-2-304. Malpractice insurance for certain employees.
§43A-2-305. Authorization to purchase.
§43A-2-310. Intra-agency Reimbursement Revolving Fund.
§43A-2-311. Community-based Substance Abuse Revolving Fund.
§43A-3-101. Facilities maintained for residents.
§43A-3-105. Children's Recovery Center of Oklahoma - Units - Petty cash fund.
§43A-3-107. Transitions Recovery Center - Petty cash fund - Transfer of property, records, etc.
§43A-3-107b. Tulsa Center for Behavioral Health.
§43A-3-108. Alcohol and drug treatment and rehabilitation of adolescents.
§43A-3-109. Canteens - Use of profits.
§43A-3-112. Membership in organizations or networks to provide behavioral health services.
§43A-3-201. Statewide system of precare and aftercare services.
§43A-3-306. Board of Mental Health and Substance Abuse Services - Responsibilities and authority.
§43A-3-306.1. Certification as community mental health center.
§43A-3-311. Authorization and expenditures of funds.
§43A-3-315. Certification as community residential mental health programs.
§43A-3-315.1. Supportive assistance services for residents of facilities.
§43A-3-317. Community-based structured crisis centers.
§43A-3-318. Certification of behavioral health case managers - Use of title.
§43A-3-319. Certification as program of assertive community treatment.
§43A-3-320. Certified Eating Disorder Treatment Programs.
§43A-3-321. Eating disorder treatment program - Injunction.
§43A-3-322. Certified Gambling Addiction Treatment Programs.
§43A-3-322a. Problem Gambling Treatment Counselors - Certification.
§43A-3-323. Gambling addiction treatment program - Injunction.
§43A-3-323A. Mental Illness Service Program - Certification.
§43A-3-324. Certification and renewal fees.
§43A-3-325. Contracts with public and private entities to provide services.
§43A-3-326. Peer recovery support specialists.
§43A-3-402. Public policy - Purpose.
§43A-3-405. Expenditure of funds.
§43A-3-406.1. Purchase of alcohol and drug therapy.
§43A-3-416. Standards - Treatment services and rules of operation - Guidelines.
§43A-3-417. Health and safety standards.
§43A-3-417.1. Transitional living centers and halfway houses – Nondiscriminatory zoning laws.
§43A-3-424. Visitation privileges - Mail or other communication - Telephones.
§43A-3-425. Alcohol- and drug-dependent person with associated medical problems - Treatment.
§43A-3-425.1. HIV education, testing and counseling services.
§43A-3-426. Fees and costs - Payment.
§43A-3-427. Alcohol- or drug-dependent person deemed mentally ill.
§43A-3-428. Intoxicated person in public place - Assistance - Protective custody - Detention.
§43A-3-429. Emergency service patrols.
§43A-3-453. Authorized course providers - Fees - Course requirements.
§43A-3-453.1. Operating facility without certification - Injunction.
§43A-3-453.2. Course facilitator certification - Requirements - Time limit.
§43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction.
§43A-3-601. Opioid substitution treatment programs – Definitions – Rules and standards - Violations.
§43A-3-602. Course of treatment in opioid substitution treatment program – Maximum daily dose.
§43A-3-704. Mental health and substance abuse evaluation - Convicted felons.
§43A-4-101. Humane care and treatment - Food - Discipline - Medical care.
§43A-4-102. Individualized treatment plans - Requirements.
§43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment.
§43A-4-104. Surgical operations - Notice - Emergency.
§43A-4-105. Service of court citation, order or process - Return - Effect.
§43A-4-106. Mechanical restraints - Record.
§43A-4-107a. Visitation privileges - Mail or other communication - Telephones.
§43A-4-108. Labor by consumers - Work therapy - Compensation.
§43A-4-201. Liability of consumer and estate for cost of care and treatment.
§43A-4-202. Amount payable for care and treatment - Inability to pay.
§43A-4-204. Time of payment - Statement of sum due.
§43A-4-205. Payment by guardian - Collection by legal proceeding.
§43A-4-206. Proof of indebtedness - Disposition of money collected.
§43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution.
§43A-5-102. Official forms required - Order as sufficient authority and protection.
§43A-5-103. Unlawful or malicious confinement in institution.
§43A-5-104. False attestation - Penalty.
§43A-5-201. Rights of detained persons upon entry into facility.
§43A-5-203. Conveying females to facility - Female assistants - County expense.
§43A-5-207. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v1. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v2. Local Law Enforcement Mental Health Manpower Act.
§43A-5-208. Initial assessments - Emergency detention - Release.
§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force.
§43A-5-302. Informal consumers - Admission.
§43A-5-303. Refusal to admit informal consumer - Liability.
§43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond.
§43A-5-305. Application for voluntary admission.
§43A-5-306. Certificate of physician.
§43A-5-307. Questioning of applicant by judge of the district court - Order.
§43A-5-308. Order authorizing admission.
§43A-5-309. Detention against will prohibited - Notice of desire to be discharged.
§43A-5-310. Mental Health Law provisions applicable.
§43A-5-311. Procedure as cumulative.
§43A-5-410. Petition regarding person requiring treatment.
§43A-5-411. Rights of individual alleged to require treatment.
§43A-5-413. Prehearing detention.
§43A-5-415. Hearing – Order - Records.
§43A-5-416. Alternatives to hospitalization.
§43A-5-417. Precommitment examination - Matters included.
§43A-5-419. Modification order - Notice - Contents of notice.
§43A-5-420. Review of status of persons involuntarily committed for treatment.
§43A-5-421. Emergency service patrols.
§43A-5-501. Short title - Legislative intent.
§43A-5-503. Voluntary and involuntary admission for treatment.
§43A-5-504. Jurisdiction – Venue - Powers of court.
§43A-5-505.1. Protective custody – Statements – Initial assessment.
§43A-5-506. Initial assessment - Emergency admission or detention –Evaluation - Hearing.
§43A-5-508. Mental health evaluation – Contents and signature - Records.
§43A-5-509. Filing of petition - Contents - Proposed individual treatment plan.
§43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report.
§43A-5-511. Hearings - Right to trial by jury.
§43A-5-513. Individualized treatment plan - Discharge plan.
§43A-5-521. Pilot projects for community-based system of care.
§43A-6-101. Nonresident consumers - Transfer to state of residence.
§43A-6-102. Transfer to federal agency for care and treatment.
§43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution.
§43A-6-104. Bringing poor or indigent person into state.
§43A-6-201. Enactment of compact - Text.
§43A-6-202. Compact administrator - Powers.
§43A-6-203. Supplemental agreements.
§43A-6-204. Discharge of financial obligations.
§43A-6-205. Proposed transferees.
§43A-7-102. Discharge planning and assistance.
§43A-7-103. Clothing and expenses upon release.
§43A-7-104. Placement of homeless consumers.
§43A-7-105. Delivery of personal funds at time of discharge.
§43A-7-106. Return of property upon death or discharge.
§43A-7-108. Removal or enticement, assistance or encouragement to escape.
§43A-7-112. Judicial proceeding for declaration of restoration to soundness of mind - Procedure.
§43A-9-101. Voluntary treatment - Application - Admission - Discharge.
§43A-10-104. See the following versions:
§43A-10-105. Investigation of report.
§43A-10-106. Voluntary protective services.
§43A-10-107. Involuntary protective services.
§43A-10-108. Petition for involuntary protective services.
§43A-10-109. Utilization of available services.
§43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults.
§43A-10-110. Confidentiality of records and reports.
§43A-10-110.1. Public disclosure.
§43A-10-111. District court orders - Visitation.
§43A-10-111.1. Vulnerable Adult Abuse, Neglect and Exploitation Report.
§43A-10-112. Vulnerable Adult Intervention Task Force - Members - Terms - Duties.
§43A-10-113. Sexual contact form for caretakers.
§43A-11-102. Legislative findings.
§43A-11-104. Execution - Rights not affected - Presumptions.
§43A-11-105. Validity - Witnesses - Eligibility as attorney-in-fact.
§43A-11-106. Form of advance directive - Designation and authority of attorney-in-fact.
§43A-11-109. Revocation - Actual notice.
§43A-11-111. Petition for appointment of guardian.
§43A-11-112. Immunity from civil or criminal liability.
§43A-11-113. Violations - Penalties.
§43A-12-104. Oklahoma Suicide Prevention Council - Responsibilities.
§43A-12-105. Authority of Department - Evaluation report.