Oklahoma Statutes
Title 43A. Mental Health
§43A-2-219. Mistreatment of consumer.

Any officer or employee of a facility who maliciously assaults, beats, batters, abuses, or uses mechanical restraints, or willfully aids, abets, advises or permits any consumer confined therein to be maliciously assaulted, beaten, battered, abused, or mechanically restrained shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than five (5) years, or a fine not exceeding Five Hundred Dollars ($500.00), or both fine and imprisonment.

Added by Laws 1953, p. 174, § 134, emerg. eff. June 3, 1953. Renumbered from § 134 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 133, § 468, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 340, eff. July 1, 1999; Laws 2003, c. 46, § 7, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 10, emerg. eff. May 9, 2005.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 468 from July 1, 1998, to July 1, 1999.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 43A. Mental Health

§43A-1-101. Short title.

§43A-1-102. Purpose of law.

§43A-1-103. Definitions.

§43A-1-104. Public policy.

§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-1-110. Law enforcement responsibility for transporting persons for mental health services – Use of telemedicine - Reimbursement of expenses.

§43A-2-101. Department of Mental Health and Substance Abuse Services - Board of Mental Health and Substance Abuse Services.

§43A-2-102. Department to have charge and control of state institutions.

§43A-2-103. Board of Mental Health and Substance Abuse Services - Members - Meetings - Visitation - Expenses.

§43A-2-104. Disposition of surplus equipment and land - Purchases.

§43A-2-105. Board as Mental Health and Substance Abuse Services Authority.

§43A-2-106. Grants, devises, donations and bequests - Investment of funds - Lease or sale of property - Annual account to State Auditor and Inspector.

§43A-2-107. Capital Outlay Fund - Approval of easements, rights-of-way and leases - Deposit and use of proceeds.

§43A-2-108. Investigation of wrongful, negligent or improper treatment - System for prompt resolution of complaints - Confidentiality of information.

§43A-2-109. Office of Consumer Advocacy - Advocate General and staff - Confidentiality of information.

§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-2-206. Legal services.

§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-2-221. Utilization of State Personnel Interchange Program - Contracts with other state agencies, boards and commissions.

§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-2-306. Office of Management and Enterprise Services as purchasing agent – Transfer of property to trust.

§43A-2-307. Property to state in trust for mentally incompetent or poor person - Validity - Minimum amount.

§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-3-102. Carl Albert Community Mental Health and Substance Abuse Services Center - Jim Taliaferro Community Mental Health and Substance Abuse Services Center.

§43A-3-103. Central Oklahoma Community Mental Health and Substance Abuse Services Center - Transfer of property, etc. – Petty cash fund.

§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-3-107a. Northwest Center for Behavioral Health - Services provided - Component entities - Transfer of property and records.

§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-3-111. Northwest Center for Behavioral Health - Transfer of land, buildings and equipment to Corrections Department - Services - Records.

§43A-3-112. Membership in organizations or networks to provide behavioral health services.

§43A-3-201. Statewide system of precare and aftercare services.

§43A-3-301. Short title.

§43A-3-302. Definitions.

§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-3-310. Contracting nonprofit private agencies to submit budget, salary and employee benefits information to Department.

§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-3-315.2a. Substance abuse facilities - Violations of Alcohol and Drug Act - Injunction - Findings.

§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-3-327. Effective period for Department of Mental Health and Substance Abuse Services certifications.

§43A-3-328. Crisis intervention support for law enforcement, firefighter, emergency medical and corrections communities.

§43A-3-401. Citation.

§43A-3-402. Public policy - Purpose.

§43A-3-403. Definitions.

§43A-3-405. Expenditure of funds.

§43A-3-406.1. Purchase of alcohol and drug therapy.

§43A-3-415. Certified Services for the Alcohol and Drug Dependent – Exemptions – Fees to defray costs – Financial information of applicants.

§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-3-451. Definitions.

§43A-3-452. Sentence and punishment - Conditional participation in alcohol and drug substance abuse course or program.

§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. Driver license revocation - Certification of alcohol and drug assessment personnel - Application and assessment fees.

§43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction.

§43A-3-461. Alcohol and drug substance abuse course assessment - Definitions - Certification - Rules and standards.

§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-3-702. Prisoners in need of mental health treatment – Determination of ability to consent - Transfer to facility – Discharge – Costs - Expiration of sentence - Commitment.

§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-4-203. Reduction or waiver of liability - Report as to ability - Information from Tax Commission.

§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-5-202. Confinement of persons alleged or adjudged mentally ill, alcohol-dependent or drug-dependent.

§43A-5-203. Conveying females to facility - Female assistants - County expense.

§43A-5-204. Appropriate treatment and medication - Nonconsenting individuals - Immunity - Seclusion or restraint - Hearings while under influence of psychotropic medication - Inmates committed to special care unit.

§43A-5-206. Definitions.

§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-5-209. Additional period of detention - Petition - Order - Notification of interested parties of detention.

§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force.

§43A-5-301. Citation.

§43A-5-301.1. Person defined.

§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-5-412. Notice.

§43A-5-413. Prehearing detention.

§43A-5-414. Evaluations.

§43A-5-415. Hearing – Order - Records.

§43A-5-416. Alternatives to hospitalization.

§43A-5-417. Precommitment examination - Matters included.

§43A-5-418. Precommitment screening examination - Copy of order to be provided examinee - Explanation of examination.

§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-5-502. Definitions.

§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-5-507. Admission of alleged deprived child or ward of court – Initial assessment – Mental health evaluation – Petition – Parent having physical custody.

§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-5-512. Commitment to treatment facility – Evidence required – Least restrictive alternative - Review of commitment.

§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-7-101. Discharge or permission to leave facility - Outpatient status - Notification of discharge - Expense of returning to facility - Procedure.

§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-7-107. Escape or leave without permission - Notice - Discharge or convalescent leave - Apprehension.

§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-7-113. Guardianship of person and estate without hospitalization - Ajudication - Bond of guardian.

§43A-9-101. Voluntary treatment - Application - Admission - Discharge.

§43A-10-101. Short title.

§43A-10-102. Purpose.

§43A-10-103. Definitions.

§43A-10-104. See the following versions:

§43A-10-104v1. Persons required to report abuse – Contents of report – Penalty – Immunity – False reports – Reporting of suspicious deaths – Impairment of employment prohibited.

§43A-10-104v2. Persons required to report abuse, neglect, or exploitation - Penalty - Immunity - Civil liability for false reports - Disclosure of health information - Reporting of suspicious deaths - Impairment of employment prohibited.

§43A-10-105. Investigation of report.

§43A-10-105.1. Notice of investigation – Consent of vulnerable adult - Summary and written description – Explanation of procedures.

§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-10-114. Training for Adult Protective Services specialists – Individuals with cognitive impairment.

§43A-10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and prosecute crimes.

§43A-11-101. Short title.

§43A-11-102. Legislative findings.

§43A-11-103. Definitions.

§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-11-107. When advance directive becomes operative - Contrary or conflicting instructions given by attorney-in-fact.

§43A-11-108. Delivery of advance directive to attending physician or psychologist - Duty of attending physician or other mental health treatment provider.

§43A-11-109. Revocation - Actual notice.

§43A-11-110. Informed consent - Examination and certification of incapacity – Conflicting instructions – Transfer when unable to comply with directive.

§43A-11-111. Petition for appointment of guardian.

§43A-11-112. Immunity from civil or criminal liability.

§43A-11-113. Violations - Penalties.

§43A-12-101. Short title.

§43A-12-102. Purpose.

§43A-12-103. Definitions.

§43A-12-104. Oklahoma Suicide Prevention Council - Responsibilities.

§43A-12-105. Authority of Department - Evaluation report.

§43A-13-101. Mental health first aid pilot program.

§43A-651. Purpose.

§43A-702. Drop-in centers for Oklahoma veterans.