Oklahoma Statutes
Title 43A. Mental Health
§43A-5-303. Refusal to admit informal consumer - Liability.

The state and its agents do not have a legal duty to admit a person as an informal consumer, and refusal to admit a person as an informal consumer, if made in good faith, shall not give rise to a cause of action by anyone damaged as a result of such refusal.

Added by Laws 1985, c. 116, § 2, eff. Nov. 1, 1985. Renumbered from § 561 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 40, emerg. eff. May 9, 2005.

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.