A. If a guardian has been appointed for the estate of a consumer in a facility within the Department of Mental Health and Substance Abuse Services, the court shall order the guardian to pay the amount of the state’s claim for care and treatment.
B. If no guardian has been appointed, the claim of the state against a consumer for the care and treatment of the consumer may be collected by suit or other proceedings against the consumer brought in the name of the state by the district attorney of the county from which said consumer was sent or any county in which the consumer may have property.
C. The claim of the state against a husband, wife, the parents and the children of any consumer for care and treatment of the consumer may be collected by suit or other proceedings in the name of the state against the husband, the wife, a parent, a child, or any two or more of them.
Added by Laws 1953, p. 173, § 115, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 60, eff. Nov. 1, 1986. Renumbered from § 115 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 92, emerg. eff. April 9, 1990; Laws 2003, c. 46, § 33, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 33, emerg. eff. May 9, 2005.
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.