US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 43A.

MENTAL HEALTH

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§43A-1.  Renumbered as § 1-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A1101.  Short title.

This act shall be known as the Mental Health Law.

Added by Laws 1953, p. 152, § 1.  Renumbered from § 1 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A-1-102.  Purpose of law.

A.  The purpose of the Mental Health Law is to provide for the humane care and treatment of persons who:

1.  Are mentally ill; or

2.  Require treatment for drug or alcohol abuse.

B.  All such residents of this state are entitled to care and treatment in accordance with the appropriate standard of care.

Added by Laws 1953, p. 152, § 2, emerg. eff. June 3, 1953.  Amended by Laws 1986, c. 103, § 1, eff. Nov. 1, 1986.  Renumbered from § 2 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2001, c. 186, § 1, eff. Nov. 1, 2001; Laws 2003, c. 46, § 1, emerg. eff. April 8, 2003; Laws 2005, c. 348, § 10, eff. July 1, 2005.

§43A-1-103.  Definitions.

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 this law;

5.  "Commissioner" means the individual selected and appointed by the Board to serve as 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 the mentally ill or drug-dependent or alcohol-dependent persons 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:

a. a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology,

b. a physician licensed pursuant to Section 480 et seq. or Section 620 et seq. of Title 59 of the Oklahoma Statutes who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions,

c. a clinical psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists,

d. a professional counselor licensed pursuant to Section 1901 et seq. of Title 59 of the Oklahoma Statutes,

e. a person licensed as a clinical social worker pursuant to the provisions of the Social Worker's Licensing Act,

f. a licensed marital and family therapist as defined in Section 1925.1 et seq. of Title 59 of the Oklahoma Statutes,

g. a licensed behavioral practitioner as defined in Section 1930 et seq. of Title 59 of the Oklahoma Statutes, or

h. an advanced practice nurse as defined in Section 567.1 et seq. of Title 59 of the Oklahoma Statutes specializing in mental health;

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:

(1) a person who because of a mental illness of the person represents a risk of harm to self or others,

(2) a person who is a drug- or alcohol-dependent person and who as a result of dependency represents a risk of harm to self or others, or

(3) a person who appears to require inpatient treatment:

(a) (i) for a previously diagnosed history of schizophrenia, bipolar disorder, or major depression with suicidal intent, or

(ii) due to the appearance of symptoms of schizophrenia, bipolar disorder, or major depression with suicidal intent, and

(b) for whom such treatment is reasonably believed will prevent progressively more debilitating mental impairment.

Nothing in divisions (1) and (2) of this subparagraph shall be limited by the provisions of division (3) of this subparagraph.

b. Unless a person also meets the criteria established in subparagraph a of this paragraph, person requiring treatment shall not mean:

(1) a person whose mental processes have been weakened or impaired by reason of advanced years,

(2) a mentally retarded or developmentally disabled person as defined in Title 10 of the Oklahoma Statutes,

(3) a person with seizure disorder, or

(4) a person with a traumatic brain injury;

14.  "Petitioner" means a person who files a petition alleging that an individual is a person requiring treatment;

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:

a. a statement of treatment goals or objectives, based upon and related to a clinical evaluation, which can be reasonably achieved within a designated time interval,

b. treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to each of these goals and which include specific prognosis for achieving each of these goals,

c. identification of the types of professional personnel who will carry out the treatment procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law,

d. documentation of involvement by the individual receiving treatment and, if applicable, the  accordance of the individual with the treatment plan, and

e. a statement attesting that the executive director of the facility or clinical director has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the home community of the individual; and

18.  "Risk of harm to self or others" means:

a. a substantial risk of immediate physical harm to self as manifested by evidence or serious threats of or attempts at suicide or other self-inflicted or bodily harm,

b. a substantial risk of immediate physical harm to another person or persons as manifested by evidence of violent behavior directed toward another person or persons,

c. having placed another person or persons in a reasonable fear of violent behavior directed towards such person or persons or serious physical harm to them as manifested by serious threats,

d. a reasonable certainty that without immediate treatment severe impairment or injury will result to the person alleged to be a person requiring treatment as manifested by the inability of the person to avoid or protect self from such impairment or injury, or

e. a substantial risk of serious physical impairment or injury to self as manifested by evidence that the person is unable to provide for and is not providing for the basic physical needs of the person and that appropriate provision for those needs cannot be made immediately available in the community.

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.

NOTE:  Laws 2005, c. 150, § 1 repealed by Laws 2006, c. 16, § 19, emerg. eff. March 29, 2006.

§43A1104.  Public policy.

The Oklahoma Legislature hereby declares that the public policy of this state is to assure adequate treatment of persons alleged to be in need of mental health treatment or treatment for drug or alcohol abuse, to establish behavioral standards for determination of dangerousness of persons in need of such treatment, to allow for the use of the least restrictive alternative in the determination of the method of treatment, to provide orderly and reliable procedures for commitment of persons alleged to be in need of treatment consistent with due process of law, and to protect the rights of consumers hospitalized pursuant to law.

Added by Laws 1977, c. 145, § 1, emerg. eff. June 3, 1977.  Amended by Laws 1986, c. 103, § 2, eff. Nov. 1, 1986.  Renumbered from § 50 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 302, § 13, eff. Sept. 1, 1990; Laws 1992, c. 298, § 39, eff. July 1, 1993; Laws 2005, c. 150, § 2, emerg. eff. May 9, 2005.

§43A1105.  Mental or legal incompetence  Presumptions.

No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court.

Added by Laws 1953, p. 167, § 64.  Amended by Laws 1977, c. 145, § 6, emerg. eff. June 3, 1977; Laws 1978, c. 247, § 5, eff. Oct. 1, 1978; Laws 1986, c. 103, § 4, eff. Nov. 1, 1986.  Renumbered from § 64 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A-1-106.  Representation of state in court proceedings.

The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitioner for involuntary commitment.

Added by Laws 1970, c. 102, § 1, eff. Jan. 1, 1971.  Amended by Laws 1986, c. 103, § 5, eff. Nov. 1, 1986.  Renumbered from § 55.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1999, c. 414, § 3, eff. Nov. 1, 1999; Laws 2003, c. 46, § 2, emerg. eff. April 8, 2003.

§43A-1-107.  Venue of actions - Hearings.

A.  Civil actions for involuntary commitment of a person may be brought in any of the following counties:

1.  The person's county of residence;

2.  The county where the person was first taken into protective custody; or

3.  The county in which the person is being held on emergency detention.

B.  If a civil action for involuntary commitment can be brought in more than one county pursuant to the provisions of subsection A of this section, the action may be filed in any of such counties.  No court shall refuse any case solely because the action may have been brought in another county.

C.  1.  Hearings in actions for involuntary commitment may be held within the mental health facility in which the person is being detained or is to be committed whenever the judge deems it to be in the best interests of the consumer.

2.  Such hearings shall be conducted by any judge designated by the presiding judge of the judicial district.  Hearings may be held in an area of the facility designated by the executive director and agreed upon by the presiding judge of that judicial district.

D.  The court may conduct any nonjury hearing required or authorized pursuant to the provisions of this title for detained or confined persons, at the discretion of the judge, by video teleconferencing after advising the person subject to possible detention or commitment of his or her constitutional rights.  If the video teleconferencing hearing is conducted, the image of the detainee or person subject to commitment may be broadcast by secure video to the judge.  A secure video system shall provide for two-way communications including image and sound between the detainee and the judge.

E.  The provisions for criminal venue as provided otherwise by law shall not be applicable to proceedings encompassed by commitment statutes referred to in this title which are deemed civil in nature.

F.  Unless otherwise provided by law, the rules of civil procedure shall apply to all judicial proceedings provided for in this title, including, but not limited to, the rules concerning vacation of orders and appellate review.

Added by Laws 1985, c. 235, § 4, eff. Nov. 1, 1985.  Amended by Laws 1986, c. 103, § 6, eff. Nov. 1, 1986.  Renumbered from § 54.13 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 24, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 1, eff. Sept. 1, 1994; Laws 2002, c. 488, § 2, eff. Nov. 1, 2002; Laws 2003, c. 46, § 3, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 1, eff. Nov. 1, 2004; Laws 2005, c. 150, § 3, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 2, eff. Nov. 1, 2005.

§43A-1-108.  Habeas corpus - Notice - Evidence.

A.  Anyone in custody as a person in need of treatment or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person's behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.

B.  Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined.

C.  Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct.

D.  The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer.

E.  The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus.

F.  Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence.

Added by Laws 1953, p. 172, § 99, emerg. eff. June 3, 1953.  Amended by Laws 1986, c. 103, § 7, eff. Nov. 1, 1986.  Renumbered from § 99 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1992, c. 298, § 40, eff. July 1, 1993; Laws 2004, c. 113, § 2, eff. Nov. 1, 2004; Laws 2005, c. 150, § 4, emerg. eff. May 9, 2005.

§43A-1-109.  Confidential and privileged information - Disclosure.

A.  1.  All mental health and drug or alcohol abuse treatment information, whether or not recorded, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential.  In addition, the identity of all persons who have received or are receiving mental health or drug or alcohol abuse treatment services shall be considered confidential and privileged.

2.  Such information shall only be available to persons actively engaged in the treatment of the consumer or in related administrative work.  The information available to persons actively engaged in the treatment of the consumer or in related administrative work shall be limited to the minimum amount of information necessary for the person or agency to carry out its function.

3.  Except as otherwise provided in this section, such information shall not be disclosed to anyone not involved in the treatment of the patient or related administrative work.

B.  A person who is or has been a consumer of a physician, psychotherapist, mental health facility, a drug or alcohol abuse treatment facility or service, other agency for the purpose of mental health or drug or alcohol abuse care and treatment shall be entitled to personal access to his or her mental health or drug or alcohol abuse treatment information, except the following:

1.  Information contained in notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint or family counseling session, and that is separated from the rest of the patient's medical record;

2.  Information compiled in reasonable anticipation of or for use in a civil, criminal or administrative action or proceeding;

3.  Information that is otherwise privileged or prohibited from disclosure by law;

4.  Information the person in charge of the care and treatment of the patient determines to be reasonably likely to endanger the life or physical safety of the patient or another person;

5.  Information created or obtained as part of research that includes treatment; provided, the patient consented to the temporary suspension of access while the research is ongoing.  The patient's right of access shall resume upon completion of the research;

6.  Information requested by an inmate that a correctional institution has determined may jeopardize the health, safety, security, custody or rehabilitation of the inmate or other person; and

7.  Information obtained under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information.

C.  1.  A valid written release for disclosure of mental health or drug or alcohol abuse treatment information shall have, at a minimum, the following elements:

a. the specific name or general designation of the program or person permitted to make the disclosure,

b. the name or title of the individual or the name of the organization to which disclosure is to be made,

c. the name of the consumer whose records are to be released,

d. the purpose of the disclosure,

e. a description of the information to be disclosed,

f. the dated signature of the consumer or authorized representative or both when required,

g. a statement of the right of the consumer to revoke the release in writing and a description of how the consumer may do so,

h. an expiration date, event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given, and

i. if the release is signed by a person authorized to act for a consumer, a description of the authority of such person to act.

2.  A release is not valid if the document submitted has any of the following defects:

a. the expiration date has passed or the expiration event or condition is known to have occurred or to exist,

b. the release has not been filled out completely with respect to an element described in paragraph 1 of this section,

c. the release is known to have been revoked, or

d. any material information in the release is known to be false.

3.  A revocation of a release as provided in this section shall be in writing and may be made at any time, except when:

a. information has already been released in reliance thereon,

b. the authorization was obtained as a condition of obtaining insurance coverage and other law provides the insurer with the right to contest a claim under the policy or the policy itself, or

c. the release was executed as part of a criminal justice referral.

4.  Disclosure regarding a deceased consumer shall require either a court order or a written release of an executor, administrator or personal representative appointed by the court, or if there is no such appointment, by the spouse of the consumer or, if none, by any responsible member of the family of the consumer.  As used in this paragraph, "responsible family member" means the parent, adult child, adult sibling or other adult relative who was actively involved in providing care to or monitoring the care of the patient as verified by the physician, psychologist or other person responsible for the care and treatment of such person.

D.  Except as otherwise permitted, mental health and alcohol or substance abuse treatment information may not be disclosed without valid patient authorization or a valid court order issued by a court of competent jurisdiction.  For purposes of this section, a subpoena by itself is not sufficient to authorize disclosure of mental health and alcohol or substance abuse treatment information.

E.  An authorization shall not be required for the following uses and disclosures:

1.  Disclosure by a health care provider of mental health information necessary to carry out such provider's own treatment, payment, or health care operations;

2.  Communications to law enforcement officers regarding information directly related to the commission of a crime on the premises of a facility or against facility personnel, or a threat to commit such a crime.  Such communications involving persons with substance abuse disorders shall be limited to the circumstances surrounding the incident, consumer status, name and address of that individual and the last-known whereabouts of that individual;

3.  A review preparatory to research, research on decedents information or research conducted when a waiver of authorization has been approved by either an institutional review board or privacy board;

4.  Communications pursuant to a business associate agreement, qualified service organization agreement or a qualified service organization/business associate agreement.  As used in this paragraph:

a. "business associate agreement" means a written signed agreement between a health care provider and an outside entity which performs or assists in the performance of a function or activity involving the use or disclosure of individually identifiable health information on behalf of the health care provider,

b. "qualified service organization agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider's consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider's consumers without the need for an authorization signed by a consumer and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health care provider it is fully bound by the provisions of 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2, and

c. "qualified service organization/business agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider's consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider's consumers without the need for an authorization signed by a consumer, and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health care provider it is fully bound by the provisions 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2.  The agreement must also contain elements required by federal privacy regulations in 45 C.F.R., Parts 160 & 164;

5.  Reporting under state law incidents of suspected child abuse or neglect to the appropriate authorities; provided, however, for disclosures involving an individual with a substance abuse disorder, this exception does not allow for follow-up communications;

6.  Disclosure of consumer-identifying information to medical personnel who have a need for information about a consumer for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention;

7.  Communications necessary for audit and evaluation activities;

8.  When a program or facility director determines that an adult person with a substance abuse disorder has a medical condition which prevents the person from "knowing or effective action on his or her own behalf", the program or facility director may authorize disclosures for the sole purpose of obtaining payment for services.  If the person has been adjudicated incompetent, the facility must seek permission to disclose information for payment from the legal guardian;

9.  Reporting of such information as otherwise required by law; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;

10.  Communications to coroners, medical examiners and funeral directors for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law and as necessary to carry out their duties; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;

11.  Communications to organ procurement organizations or other entities engaged in procurement, banking, or transplantation of cadaveric organs, eyes or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;

12.  Disclosure to professional licensure boards investigating alleged unethical behavior towards a patient; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;

13.  Disclosure to the parent of a minor for the purpose of notifying the parent of the location of his or her child; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;

14.  Mental health records may be disclosed to parties in a judicial or administrative proceeding in cases involving a claim for personal injury or death against any practitioner of the healing arts, a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims;

15.  Disclosure of consumer-identifying information when it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody and the release is to a law enforcement authority for the purpose of identification and apprehension; and

16.  When failure to disclose the information presents a serious threat to the health and safety of a person or the public; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder.

Added by Laws 1987, c. 168, § 3, eff. Nov. 1, 1987.  Amended by Laws 1990, c. 51, § 25, emerg. eff. April 9, 1990; Laws 1991, c. 102, § 1, eff. Sept. 1, 1991; Laws 1992, c. 298, § 41, eff. July 1, 1993; Laws 1997, c. 195, § 1, eff. Nov. 1, 1997; Laws 2002, c. 488, § 3, eff. Nov. 1, 2002; Laws 2003, c. 46, § 4, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 1, emerg. eff. May 7, 2003; Laws 2004, c. 113, § 3, eff. Nov. 1, 2004; Laws 2005, c. 195, § 3, eff. Nov. 1, 2005; Laws 2006, c. 16, § 20, emerg. eff. March 29, 2006.

NOTE:  Laws 2004, c. 168, § 6 repealed by Laws 2005, c. 195, § 29, eff. Nov. 1, 2005, without reference to amendment by Laws 2005, c. 150, § 5.  Laws 2005, c. 150, § 5 repealed by Laws 2006, c. 16, § 21, emerg. eff. March 29, 2006.

§43A-1-109.1.  Treatment advocates.

A.  1.  Every adult having a mental illness as defined in Section 1-103 of this title who is under the care of a licensed mental health professional shall be informed by the licensed mental health professional or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate.

2.  The individual designated as a treatment advocate shall act at all times in the best interests of the consumer.

3.  The patient may change or revoke the designation of a treatment advocate at any time and for any reason.

4.  The treatment advocate may participate in the treatment planning and discharge planning of the consumer to the extent consented to by the consumer and as permitted by law.

B.  1.  The Board of Mental Health and Substance Abuse Services shall promulgate rules for all facilities certified by the Department of Mental Health and Substance Abuse Services as to the design, contents, and maintenance of a treatment advocate consent form.

2.  The contents of the consent form, at a minimum, shall include a statement indicating that the treatment advocate understands that all mental health treatment information is confidential and that the treatment advocate agrees to maintain confidentiality.

C.  This section shall not apply to inmates of the Oklahoma Department of Corrections.

Added by Laws 2003, c. 187, § 1, emerg. eff. May 7, 2003.  Amended by Laws 2004, c. 113, § 4, eff. Nov. 1, 2004; Laws 2005, c. 150, § 6, emerg. eff. May 9, 2005.

§43A-1-110.  Law enforcement responsibility for transporting persons for mental health services - Reimbursement of expenses.

A.  Sheriffs and peace officers shall be responsible for transporting individuals to and from designated sites or facilities for the purpose of examination, emergency detention, protective custody and inpatient services.

B.  A municipal law enforcement agency shall be responsible for any individual found within such municipality's jurisdiction.  The county sheriff shall be responsible for any individual found outside of a municipality's jurisdiction, but within the county.

C.  The law enforcement agency transporting an individual to and from designated sites or facilities pursuant to the provisions of this section shall maintain responsibility for the transportation of such individual pending completion of the examination, emergency detention, protective custody and inpatient services.

D.  Sheriffs and peace officers shall be entitled to reimbursement from the Department of Mental Health and Substance Abuse Services for transportation services associated with minors or adults requiring examination, emergency detention, protective custody and inpatient services.

E.  Any transportation provided by a sheriff or deputy sheriff or a peace officer on behalf of any county, city, town or municipality of this state, to or from any facility for the purpose of examination, admission, interfacility transfer, medical treatment or court appearance shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act.

F.  Nothing in this section shall prohibit a law enforcement agency from entering into a lawful agreement with any other law enforcement agency to fulfill the requirements established by this section.

Added by Laws 1998, c. 384, § 2, emerg. eff. June 9, 1998.  Amended by Laws 2000, c. 326, § 1, eff. July 1, 2000; Laws 2002, c. 488, § 4, eff. Nov. 1, 2002; Laws 2003, c. 46, § 5, emerg. eff. April 8, 2003; Laws 2005, c. 195, § 4, eff. Nov. 1, 2005.

§43A-2.  Renumbered as § 1-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A2101.  Department of Mental Health and Substance Abuse Services - Board of Mental Health and Substance Abuse Services.

A.  1.  There is hereby established in this state a Department of Mental Health and Substance Abuse Services.

2.  This Department's governing board shall be the Board of Mental Health and Substance Abuse Services, and its chief executive officer shall be the Commissioner of Mental Health and Substance Abuse Services.

3.  The Department of Mental Health and Substance Abuse Services shall exercise all functions of the state in relation to the administration and operation of all state facilities for the care and treatment of the mentally ill and drug- or alcohol-dependent persons.

B.  All references in the Oklahoma Statutes to the Department of Mental Health or the Board of Mental Health shall be construed to refer to the Department of Mental Health and Substance Abuse Services or the Board of Mental Health and Substance Abuse Services, respectively.

Added by Laws 1953, p. 153, § 11, emerg. eff. June 3, 1953.  Amended by Laws 1986, c. 103, § 8, eff. Nov. 1, 1986.  Renumbered from § 11 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1989, p. 1666, S.J.R. No. 23, § 1, eff. July 1, 1989; Laws 1990, c. 51, § 26, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 7, emerg. eff. May 9, 2005.

§43A2102.  Department to have charge and control of state institutions.

Unless otherwise specified by law, the Department of Mental Health and Substance Abuse Services shall have charge and control of any and all state institutions established for the care of the mentally ill and drug or alcoholdependent person.

Added by Laws 1953, p. 159, § 32.  Amended by Laws 1983, c. 304, § 14, eff. July 1, 1983; Laws 1986, c. 103, § 9, eff. Nov. 1, 1986.  Renumbered from § 32 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 27, emerg. eff. April 9, 1990.

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

A.  The Board of Mental Health and Substance Abuse Services shall be composed of eleven (11) members, appointed by the Governor, with the advice and consent of the Senate, as follows:

1.  One member, who shall be a physician licensed to practice in this state, and one member, who shall be a psychiatrist certified as a diplomate of the American Board of Psychiatry and Neurology, shall both be appointed from a list containing the names of not less than three physicians and not less than three psychiatrists submitted to the Governor by the Oklahoma State Medical Association;

2.  One member, who shall be an attorney licensed to practice in this state and shall be appointed from a list of not less than three names submitted to the Governor by the Board of Governors of the Oklahoma Bar Association;

3.  One member, who shall be a psychologist, licensed to practice in this state, who shall be appointed from a list of not less than three names submitted to the Governor by the Oklahoma State Psychological Association;

4.  Three members, qualified by education and experience in the area of substance abuse recovery, who shall be appointed from a list of not less than ten names submitted to the Governor by a state association of substance abuse recovery programs or organizations for terms ending on December 31, 2002, December 31, 2004, and December 31, 2006, respectively; and

  5.  Four members who shall be citizens of this state, at least one of whom shall be either a current or former consumer of mental health services.

B.  Upon expiration of the initial terms of each of the four members, a successor shall be appointed for a full term of seven (7) years.

C.  No person shall be appointed a member of the Board who has been a member of the Legislature of this state within the preceding five (5) years.

D.  The Board shall elect from among its members a chair and a vice-chair.  The chair may call meetings at any time.

E.  All regularly scheduled meetings of the Board shall be held at the Central Office of the Department of Mental Health and Substance Abuse Services, Oklahoma City, Oklahoma, unless otherwise scheduled. Six members shall constitute a quorum at any meeting, and all action may be taken by an affirmative vote of the majority of the members present at any such meeting.

F.  The action taken by the Board on any matter, or any document passed by the Board, shall be considered official when such action is placed in writing and signed by the chair or vice-chair.

G.  The duties of the Board shall pertain to the care, treatment, and hospitalization of persons with mental illness, or alcohol- or drug-dependent persons.

H.  Members of the Board of Mental Health and Substance Abuse Services shall be allowed their necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act.

Added by Laws 1953, p. 153, § 12.  Amended by Laws 1955, p. 249, § 1; Laws 1970, c. 93, § 1, emerg. eff. March 27, 1970; Laws 1985, c. 178, § 19, operative July 1, 1985; Laws 1986, c. 103, § 10, eff. Nov. 1, 1986.  Renumbered from § 12 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1988, c. 58, § 1, eff. Nov. 1, 1988; Laws 1989, c. 329, § 1, eff. Nov. 1, 1989; Laws 1990, c. 51, § 28, emerg. eff. April 9, 1990; Laws 1991, c. 301, § 9, eff. July 1, 1991; Laws 1999, c. 414, § 1, eff. Nov. 1, 1999; Laws 2001, c. 186, § 3, eff. Nov. 1, 2001; Laws 2002, c. 488, § 5, eff. Nov. 1, 2002; Laws 2005, c. 195, § 5, eff. Nov. 1, 2005; Laws 2005, c. 348, § 11, eff. July 1, 2005.

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

A.  The Board of Mental Health and Substance Abuse Services is authorized to discontinue farm operations or any portion of the farm operations at any time it feels it is in the best interest of the Department of Mental Health and Substance Abuse Services and this state.

B.  The Board may declare equipment which is surplus to the needs of the Department to the Department of Central Services.  The Department of Central Services shall dispose of the surpluses as provided by law.

C.  The Department of Central Services shall be the purchasing agency for all facilities for which appropriations are made in the Mental Health Law, but shall not have authority to determine the propriety of purchases of institutions over which the Department of Central Services is not the controlling entity.

D.  The Board is authorized to spend funds for the development of recreational facilities on state-owned land outside the facility grounds.

  Added by Laws 1967, c. 324, § 5, emerg. eff. May 16, 1967.  Amended by Laws 1983, c. 304, § 13, eff. July 1, 1983.  Renumbered from § 25 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 29, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 6, eff. Nov. 1, 2002; Laws 2003, c. 217, § 2, eff. Nov. 1, 2003.

§43A2105.  Board as Mental Health and Substance Abuse Services Authority - Federal funds - Transition period.

(a) On and after July 1, 1967, the Board of Mental Health and Substance Abuse Services shall be the Mental Health and Substance Abuse Services Authority of the State of Oklahoma, and is authorized to receive grants of federal funds for the purpose of combating or preventing mental illness, including but not limited to funds for the treatment, care, rehabilitation, or training of the mentally ill, or for the establishment or expansion of any program of facilities or research projects relating to the mentally ill, or for construction of research centers and other facilities for the mentally ill, and is authorized to cooperate in any reasonable manner with the federal agency or agencies granting such federal funds for such purposes, including compliance with any conditions prescribed by federal authorities for the granting of such funds.  The Board of Mental Health and Substance Abuse Services shall serve as the sole designated state agency for receiving, disbursing, or administering federal funds for any of the aforesaid purposes, provided federal law requires such an agency and the Board of Mental Health and Substance Abuse Services is eligible to be such an agency under federal law.  Construction projects, and applications therefor for any of the aforesaid purposes, shall not require the approval of any other state agency.  Provided, that this section shall not prevent any other agency from receiving, disbursing, or administering federal grants for any of the aforesaid purposes in accordance with federal law.

(b) In order to provide for an orderly transition to the Board of Mental Health and Substance Abuse Services of such of the aforesaid functions as are now vested in other public agencies, this section shall not affect the construction by other public agencies of community mental health facilities, or the maintenance by other public agencies of programs for mental health, or the furnishing by other public agencies of mental health services in child guidance centers, or the receipt by other public agencies of federal funds for any of such purposes.

Added by Laws 1967, c. 324, § 4, emerg. eff. May 16, 1967.  Renumbered from § 24 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 30, emerg. eff. April 9, 1990.

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

A.  1.  The Board of Mental Health and Substance Abuse Services, the Commissioner of Mental Health and Substance Abuse Services or any employee of the Department of Mental Health and Substance Abuse Services designated by the Commissioner may solicit and receive contributions, gifts and donations for use by the Department of Mental Health and Substance Abuse Services, or to any institution therein.  The Board of Mental Health and Substance Abuse Services shall accept, hold in trust and authorize the use of any grant or devise of land, or any donation or bequest of money, or other personal property made to the Department of Mental Health and Substance Abuse Services, or to any institution therein, so long as the terms of the grant, donation, bequest, gift, or will are carried out.

2.  The Board may invest and reinvest any funds and may lease any real or personal property, may sell any personal property and may invest the proceeds, for the benefit of the Department or any institution therein unless prevented by the terms of the grant, donation, bequest, gift or will.

B.  The Board may lease any property owned or held in trust to any other state agency, political subdivision, federal agency, county, municipality or a nonprofit organization for a period not to exceed fifty (50) years.  An original lease may be for a period not to exceed ten (10) years with up to four ten-year options.

C.  The Board must annually account to the State Auditor and Inspector for all monies or property received or expended by virtue of this section.  The account shall state:

1.  The source of the monies or property received with the actual date of its receipt;

2.  The particular use or place for which it was expended; and

3.  The balance on hand showing the place of deposit of the unexpended balance.

Added by Laws 1953, p. 159, § 34, emerg. eff. June 3, 1953.  Amended by Laws 1979, c. 30, § 13, emerg. eff. April 6, 1979.  Renumbered from § 34 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 31, emerg. eff. April 9, 1990; Laws 1995, c. 85, § 1, eff. Nov. 1, 1995; Laws 1997, c. 127, § 1, emerg. eff. April 17, 1997; Laws 2003, c. 46, § 6, emerg. eff. April 8, 2003; Laws 2003, c. 217, § 3, eff. Nov. 1, 2003; Laws 2004, c. 113, § 5, eff. Nov. 1, 2004.

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

A.  1.  There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Capital Outlay Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of income as provided in this section and any monies transferred by the Department into the fund.

2.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purposes described in this section and for improvements to real property owned by the Department or held in the Department's trust as authorized by Section 2-111 of this title.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  On and after July 1, 1988, no easement, right-of-way, oil and gas lease or surface lease on any land used or occupied by any institution, under the jurisdiction of the Board of Mental Health and Substance Abuse Services, shall be granted or conveyed without the approval of the Board.  All monies hereafter received or derived from such easements, rights-of-way and leases, including, but not limited to, rentals and royalties for leases and from sale of equipment, shall be deposited in the Capital Outlay Fund of the Department of Mental Health and Substance Abuse Services and used by the Board for capital improvement at any Department of Mental Health and Substance Abuse Services facility and for improvements to real property owned by the Department or held in the Department's trust as authorized by Section 2-111 of this title, except as otherwise provided by the Legislature.

Added by Laws 1967, c. 324, § 6, emerg. eff. May 16, 1967.  Renumbered from Title 43A, § 26 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1986, c. 277, § 30, operative July 1, 1986; Laws 1988, c. 283, § 18, operative July 1, 1988; Laws 1990, c. 51, § 32, emerg. eff. April 9, 1990; Laws 2003, c. 217, § 4, eff. Nov. 1, 2003; Laws 2005, c. 195, § 6, eff. Nov. 1, 2005.

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

A.  When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract with the Department has been wrongfully deprived of liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for the individual's appropriate medical care, proper supervision and safe keeping, the Department may ascertain the facts or may require an investigation of the facts.

B.  The Board shall establish and maintain a fair, simple and expeditious system for resolution of complaints of all individuals receiving such services.

Added by Laws 1953, p. 171, § 98.  Amended by Laws 1986, c. 103, § 11, eff. Nov. 1, 1986.  Renumbered from § 98 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 33, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 7, eff. Nov. 1, 2002.

§43A-2-109.  Office of Consumer Advocacy - Advocate General - Powers and duties.

A.  The Board of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may be necessary to carry out the purposes of Section 2-108 of this title.

1.  The chief administrative officer of the Office of Consumer Advocacy shall be the Advocate General, who shall be an attorney admitted to practice in the State of Oklahoma with a minimum of three (3) years experience.  The Advocate General shall report to the Board and be supervised by the Board, and may be dismissed only for cause.

2.  The Advocate General shall have the following powers and duties:

a. to serve as an advocate, but not as an attorney, for individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, and, if an individual needs legal counsel, advise the individual of the right to seek counsel and refer the individual to counsel, if necessary,

b. to supervise personnel assigned to the Office of Consumer Advocacy,

c. to monitor and review grievance procedures in facilities operated by, subject to certification by or under contract with the Department,

d. to investigate unresolved grievances and allegation of abuse, neglect and improper treatment of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department,

e. to access facilities operated by, subject to certification by or under contract with the Department and the records of such facilities.  Reasonable access shall be granted for the purposes of conducting investigations of abuse, neglect and improper treatment, and performing other activities as necessary to monitor care and treatment provided by such facilities,

f. to access the records of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department.  Records that are confidential under state and federal law shall be maintained as confidential and not be redisclosed by the Advocate General,

g. to submit a report of the results of investigations of abuse to the appropriate district attorney and, if the individual is a juvenile in the custody of a state agency, submit a report to that state agency,

h. to make recommendations to the Commissioner of Mental Health and Substance Abuse Services and provide regular or special reports regarding investigations and unresolved grievances to the Commissioner and the Board, and

i. to perform such other duties as assigned by the Board.

B.  The Advocate General and the staff of the Office of Consumer Advocacy shall not act as attorneys on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, except that they shall have the authority to file habeas corpus actions on behalf of such individuals and appear on their behalf in civil commitment and criminal post-commitment proceedings, and also appear on behalf of Department consumers in proceedings for writs of mandamus.

C.  Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Office of Consumer Advocacy are confidential and contain privileged information.  Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid.

1.  An order of the court authorizing the inspection, release or disclosure of information, records, materials and reports related to investigations by the Office of Consumer Advocacy shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.

2.  This section shall not be construed as prohibiting the Department or the Office of Consumer Advocacy from summarizing the outcome of an investigation, stating the allegation and finding.  The summary may be provided to the following individuals and entities as long as the individuals or entities agree to protect the summary from disclosure:

a. the person suspected of abuse, neglect or improper treatment,

b. the person subject to the alleged abuse, neglect or improper treatment,

c. the person who reported an allegation,

d. the state and federal oversight, licensing or accrediting agency, and

e. the administrator of a facility certified by or under contract with the Department at which the alleged abuse, neglect or improper treatment occurred.

Added by Laws 2002, c. 488, § 8, eff. Nov. 1, 2002.  Amended by Laws 2004, c. 113, § 6, eff. Nov. 1, 2004; Laws 2005, c. 195, § 7, eff. Nov. 1, 2005.

§43A-2-110.  Citizen advisory groups.

A.  The Commissioner of Mental Health and Substance Abuse Services may appoint such citizen advisory groups as are deemed necessary for effective planning and delivery of services.  Membership, terms and other details related to the functioning of such groups shall be established by the Commissioner and may be revised or rescinded at any time.

B.  Members shall be eligible for reimbursement for their travel expenses in accordance with the provisions of the State Travel Reimbursement Act.

Added by Laws 2002, c. 488, § 9, eff. Nov. 1, 2002.

§43A-2-111.  Real property trust.

A.  1.  The Board of Mental Health and Substance Abuse Services is hereby authorized and directed to create a trust into which all real property held by or for the benefit of the Department of Mental Health and Substance Abuse Services shall be transferred.

2.  The trust shall provide that:

a. the property placed into the trust may never be sold but shall be held in perpetuity for the sole benefit of the Department, and

b. the property held by the trust which is not needed for use by the Department may be leased or rented to others and all income received from such leases or rentals shall be payable to the Department for use by the Department to fulfill the purposes of the Department.

B.  Upon the creation of the trust authorized in subsection A of this section, the Department of Central Services is directed to provide all necessary assistance to the Department of Mental Health and Substance Abuse Services to identify and transfer all property held by or for the benefit of the Department of Mental Health and Substance Abuse Services to the trust.  Except as provided in subsection C of this section, the Department of Central Services is authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing property placed in such trust.

C.  The Commissioners of the Land Office are authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing mineral interests placed in such trust.

Added by Laws 2003, c. 217, § 1, eff. Nov. 1, 2003.

§43A-2-150.  Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990.

§43A-2-151.  Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990.

§43A-2-152.  Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990.

§43A-2-201.  Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary.

A.  A Commissioner of Mental Health and Substance Abuse Services shall be appointed by the Board of Mental Health and Substance Abuse Services.  The Commissioner may only be removed by the Board for cause.  The Commissioner shall meet at least one of the following qualifications:

1.  Possession of a Doctor of Medicine Degree and a license to practice medicine in this state;

2.  Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state;

3.  Possession of a Doctor of Public Health Degree;

4.  Possession of a Doctoral Degree in Psychology and a license to practice psychology in this state;

5.  Possession of a Master of Public Health Degree and a minimum of five (5) years of supervisory experience in the administration of health services; or

6.  Possession of a Master of Arts or Master's Degree in Business Administration, Social Science or a related field and a minimum of five (5) years of supervisory experience in the administration of health services.

B.  The salary of the Commissioner shall be fixed by the Board.

Added by Laws 1953, p. 154, § 13.  Amended by Laws 1982, c. 344, § 16, emerg. eff. June 2, 1982.  Renumbered from § 13 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1989, c. 329, § 2, eff. Nov. 1, 1989; Laws 1990, c. 51, § 34, emerg. eff. April 9, 1990; Laws 1997, c. 220, § 1, eff. Nov. 1, 1997.

§43A-2-202.  Commissioner - Powers and duties.

A.  Except as herein provided, the Commissioner of Mental Health and Substance Abuse Services shall have charge of the administration of the Department of Mental Health and Substance Abuse Services as directed by the Board of Mental Health and Substance Abuse Services and shall be charged with the duty of carrying out the provisions of the Mental Health Law.

B.  The Commissioner may appoint necessary personnel to carry on the work of the Department, prescribe their titles and duties, and fix their compensation.

C.  The Commissioner may prescribe policies for the operation of the Department.  The Commissioner shall have the following additional powers and duties:

1.  To appoint, with the consent of the Board, an executive director of each facility within the Department, and fix the qualifications, duties and compensation of the executive directors; to counsel with the various executive directors about facility needs and budget requests; and to prepare and submit for appropriate legislative action budget requests sufficient to carry on the functions of the Department.  These budget requests shall be submitted to the Board for its recommendations before being submitted for legislative action;

2.  To develop, institute and administer such administrative and professional policies as may be necessary to guarantee effective, efficient and uniform operation of the Department and its facilities;

3.  To prescribe uniform reports to be made by the executive directors of the facilities and designate forms to be used;

4.  After conference with the executive director of each facility, determine the number of employees to be appointed and fix their respective titles, salaries, and wages which shall be as uniform as possible for comparable service;

5.  To aid, assist and cooperate with the State Department of Health, institutions of higher learning, public schools, and others interested in public education regarding the issue of mental hygiene in the establishment of a sound mental health program in the State of Oklahoma;

6.  To visit each facility in the Department at least once each calendar year.  During such visits, the Commissioner shall have access to any or all facilities and records and shall have the privilege of interviewing all personnel and consumers within the facility.  The purpose of the visits to the facility shall be:

a. to review and evaluate the professional and administrative activity of such facilities,

b. to ensure compliance with medical and administrative policies and procedures established by the Department,

c. to modify and revise existing operating procedure to improve operational effectiveness,

d. to institute new policies and procedures to effect improvement and economy of overall operation, and

e. to coordinate the activities of each facility with the overall operation of the Department;

7.  To authorize other members of the Department to visit the facilities in the Department.  These persons shall have the same power to inspect the facility and its records and to interview personnel and consumers as the Commissioner;

8.  To designate the type of consumer that will be cared for at each facility and designate hospital or community mental health center districts for the purpose of determining to which of the facilities within the Department or community mental health centers persons committed from each county shall initially be sent.  These designations may be changed from time to time.

a. The Commissioner or a designee of the Commissioner may establish specific hours for consumer admissions at each facility.

b. The Commissioner or a designee of the Commissioner may delay inpatient admissions when such admissions would cause facilities to exceed their authorized capacity.  

c. Consumers may be transferred from one facility to another within the Department on the authority of the Commissioner as provided for in the Mental Health Law.

d. Permanent transfer of a consumer may be made when it is apparent that the general welfare, care, and treatment of the consumer can be more effectively provided at another facility, provided the parents or guardian are notified as soon as possible of the transfer.

e. Temporary transfer of a consumer may be made in order that a consumer may have the advantage of special services not available at the facility of the present residence of the consumer.

f. Requests for transfer shall be initiated by the executive director of the facility in which the consumer resides.

g. Sufficient supporting information from the records of the consumer shall be submitted by the executive director to the Commissioner to warrant a decision as to the advisability of the transfer;

9.  To call meetings of the executive directors of the facilities in the Department, and act as chair of such meetings, to discuss common problems in order to obtain uniformity and bring about coordination of the facilities for the maximum service to the state.  Called meetings may or may not be held jointly with the Board;

10.  To be the chair of a Board of Psychiatric Examiners to review the case of any consumer, and to examine any consumer when the executive director of any facility concludes that a consumer within such facility is subject to discharge but such executive director is unwilling to discharge the consumer as provided in the Mental Health Law.

a. The Board of Psychiatric Examiners shall be composed of the Commissioner and two members selected by the Board.  Members of the Board of Psychiatric Examiners shall be selected from persons who are qualified examiners according to the Mental Health Law.

b. The Commissioner may designate a third qualified examiner to act as chair when circumstances warrant and when the Commissioner deems it necessary;

11.  To keep a list of all nonresidents admitted to a facility within the Department and to make every effort possible to make arrangements with other states so that mentally ill persons who are being cared for at public expense in any facility in this state and who are citizens or residents of such other states may be transferred at the expense of this state to similar facilities in such other states.

a. The Commissioner shall not prevail upon relatives or friends of such mentally ill person or any other person to defray transfer expenses.

b. Mentally ill persons who are being cared for at public expense in hospitals for mentally ill or facilities of other states, other than persons who have been transferred from penal institutions and the terms of whose sentences to such penal institutions shall not have expired, and who are citizens or residents of this state, may be transferred at the expense of such other states to similar facilities in this state.

c. Removal of a nonresident to the nonresident's state may be authorized by the Commissioner and all expenses of such transfer shall be taken from the Travel Fund of the facility if the transfer is to be at public expense.

d. Consumers returned to this state pursuant to these provisions shall be delivered directly to the hospital designated by the Commissioner and shall be admitted in accordance with these provisions;

12.  To prescribe the official forms of any and all papers not specifically described in the Mental Health Law including those to be used in ordering a person to a facility within the Department, except that when a person is ordered to a facility by a court, the order to hospitalize or admit such person may be on such form as the court deems proper;

13.  To utilize the services of employees of the Department of Central Services, the State Department of Health, and the Department of Human Services when authorized by the director or commissioner thereof.  When employees of those agencies are used, the Commissioner of Mental Health and Substance Abuse Services may authorize payment of their traveling expenses as provided by law;

14.  To make contracts and agreements with other departments of this state to carry out these provisions;

15.  To make a written report annually to the Governor concerning the administration of the Department and submit copies thereof to members of the Legislature.  The report shall be presented one (1) month prior to the convening of any regular session of the Legislature and shall include:

a. specific information regarding the number of consumers admitted, treated, and discharged,

b. the methods of treatment used and an appraisal of the success thereof,

c. the financial condition and needs of each facility in the Department,

d. any longrange plans or recommendations for the utilization and improvement of facilities, equipment, and personnel and for the care and treatment of consumers,

e. any recommendations requiring legislation, and

f. major findings, in summarized form, obtained by visits made pursuant to the provisions of paragraph 6 of this section;

16.  To designate as peace officers qualified personnel in the fire and safety officer, security officer and correctional officer job classifications.

a. The authority of designated employees shall be limited to:

(1) maintaining custody of consumers in facilities,

(2) maintaining security or performing functions similar to those performed by correctional officers or other security personnel for Department of Corrections inmates housed in mental health facilities,

(3) preventing attempted escapes, and

(4) pursuing and returning court committed consumers and Department of Corrections inmates who have escaped from Department facilities.

b. The powers and duties of peace officers may be exercised for the purpose of maintaining custody of any consumer being transported within the state and outside the State of Oklahoma pursuant to the authority of the Interstate Compact on Mental Health.

c. To become qualified for designation as a peace officer pursuant to this section, an employee shall meet the training and screening requirements of the Department of Corrections pursuant to subparagraphs a through g of paragraph 2 of subsection A of Section 510 of Title 57 of the Oklahoma Statutes and be of good moral character;

17.  To establish a Forensics Review Board to annually review the case of every consumer ordered to the custody of the Department through a "not guilty by reason of insanity" verdict.  The Forensics Review Board shall be composed of three (3) licensed mental health professionals, at least one of whom is licensed as a Doctor of Medicine, a Doctor of Osteopathy, or a licensed clinical psychologist, who shall be selected by the Commissioner; and

18.  Any other power necessary to implement the provisions of the Mental Health Law.

Added by Laws 1953, p. 154, § 14, emerg. eff. June 3, 1953.  Amended by Laws 1959, p. 186, § 2, emerg. eff. June 27, 1959; Laws 1963, c. 358, § 1; Laws 1978, c. 244, § 12, eff. July 1, 1978; Laws 1983, c. 304, § 11, eff. July 1, 1983; Laws 1986, c. 103, § 12, eff. Nov. 1, 1986.  Renumbered from § 14 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1989, c. 11, § 1, eff. Nov. 1, 1989; Laws 1990, c. 51, § 35, emerg. eff. April 9, 1990; Laws 1992, c. 389, § 2, emerg. eff. June 10, 1992; Laws 1999, c. 414, § 2, eff. Nov. 1, 1999; Laws 2001, c. 186, § 4, eff. Nov. 1, 2001; Laws 2002, c. 488, § 10, eff. Nov. 1, 2002; Laws 2004, c. 113, § 7, eff. Nov. 1, 2004; Laws 2005, c. 150, § 8, emerg. eff. May 9, 2005.

§43A-2-203.  Classifications of employee positions - Exceptions.

The Commissioner of Mental Health and Substance Abuse Services shall classify as a part of the Merit System of Personnel Administration all positions for which there are established Merit System Classifications, except those positions unique to hospital and clinic functions, those positions held by employees of the Department of Mental Health and Substance Abuse Services who perform behavioral health services, those positions in facilities that were formerly privately operated but are now under the operational and management control of the Department, or those associated administrative and support employees whose salaries are paid from contractual agreements with managed care companies, health maintenance organizations, preferred provider organizations, hospital or health care networks, insurance plans, private business or other government agencies; provided, the employment of personnel whose salaries are paid from such contractual agreements shall be limited to the duration of the contracts or renewals thereof under which such personnel are employed.  Provided further, no employee shall have the salary of that employee decreased as a result of the classification action herein directed.

Added by Laws 1979, c. 266, § 7, eff. July 1, 1979.  Renumbered from Title 43A, § 14.1 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1995, c. 254, § 1, eff. Nov. 1, 1995; Laws 2005, c. 195, § 8, eff. Nov. 1, 2005.

§43A-2-204.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-205.  Internal audit program.

The Department of Mental Health and Substance Abuse Services is hereby directed to employ one or more internal auditors to establish and perform an effective and comprehensive internal audit program.  Such program shall include, but not be limited to, reviews of accounting procedures, internal control, financial management and compliance with laws, regulations, policies and executive and legislative directives for the Department's administrative offices, institutions, community mental health centers and contractors.  Internal audit final reports, shall be made directly to the Governor, the State Auditor and Inspector, the Legislative Service Bureau, the Board of Mental Health and Substance Abuse Services and the Commissioner of Mental Health and Substance Abuse Services.

Added by Laws 1982, c. 344, § 20, emerg. eff. June 2, 1982.  Amended by Laws 1985, c. 319, § 7, operative Oct. 1, 1985.  Renumbered from § 27 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 37, emerg. eff. April 9, 1990; Laws 1992, c. 269, § 2, eff. Sept. 1, 1992; Laws 2005, c. 195, § 9, eff. Nov. 1, 2005.

§43A2206.  Legal services.

The Department of Mental Health and Substance Abuse Services may provide for legal services, and the Commissioner may employ or contract with attorneys as needed and determine their salaries; provided, however, that the attorneys may appear for and represent the Commissioner, the Board of Mental Health and Substance Abuse Services, administrative supervisors of facilities and Department personnel in administrative hearings and other legal actions and proceedings.  Provided, further, that the Attorney General shall continue to give his opinion to the Department and to prosecute and defend action therefor, if requested to do so.

Added by Laws 1982, c. 344, § 21, emerg. eff. June 2, 1982.  Renumbered from § 28 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 38, emerg. eff. April 9, 1990.

§43A2207.  Employment of assistants and counsel by Commissioner to enforce claims.

The Commissioner of Mental Health and Substance Abuse Services, with the consent of the Board of Mental Health and Substance Abuse Services, may employ persons to assist in collecting the amount due the state for the care and treatment of consumers, and may employ counsel to institute such actions or proceedings as the Commissioner may deem proper to enforce the claim of the state for the care and treatment of a consumer against the consumer.

Added by Laws 1953, p. 173, § 116, emerg. eff. June 3, 1953.  Amended by Laws 1986, c. 103, § 13, eff. Nov. 1, 1986.  Renumbered from § 116 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2005, c. 150, § 9, emerg. eff. May 9, 2005.

§43A-2-208.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-209.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-210.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-211.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-212.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A2213.  Chaplain  Duties.

Each institution within the Department may have a chaplain. The duties of the chaplain shall be established by the Commissioner.

Added by Laws 1953, p. 159, § 23.  Amended by Laws 1986, c. 103, § 17, eff. Nov. 1, 1986.  Renumbered from § 23 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A2214.  Training of institution personnel  Use of funds.

The Commissioner of Mental Health and Substance Abuse Services is authorized to establish training schools within the Department or within any of the institutions operated by the Department, for the training of necessary personnel for the institutions, or may arrange for the training of employees or prospective employees in any public or private school or institution within this state or elsewhere having available facilities for that purpose.  Funds of the Department and/or institutions under its control may be used to pay salaries to employees, or to pay tuition and subsistence for employees or prospective employees, while receiving such training.  Any employee or prospective employee who is paid a salary, or for whom tuition and subsistence are furnished, while receiving such training, shall be required to enter into a contract prior to receiving such training, that unless he continues in the employ of the Department for at least a period equivalent to the training, he will reimburse to the Department the sum paid to or for him by the Department during the period of his training.

Added by Laws 1953, p. 175, § 160.  Amended by Laws 1986, c. 103, § 18, eff. Nov. 1, 1986.  Renumbered from § 160 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 40, emerg. eff. April 9, 1990.

§43A-2-215.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-216.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-2-217.  Officers and employees - Sale to institution - Interest in contracts - Acceptance of gifts or fees.

Any officer or employee in the Department of Mental Health and Substance Abuse Services who shall sell anything to any institution within the Department or who shall make any contract in which he is personally interested with such institution or who shall accept any gift or fee for any purpose from any person who has at the time or has had a contract to do anything connected with the Department or any of its institutions shall be guilty of a felony and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in the State Penitentiary not to exceed five (5) years, or both.

Added by Laws 1953, p. 174, § 136.  Renumbered from § 136 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 42, emerg. eff. April 9, 1990; Laws 1997, c. 133, § 467, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 339, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 467 from July 1, 1998, to July 1, 1999.

§43A2218.  Misuse or misappropriation of funds or property of canteen.

Any officer or employee within the Department who shall misuse or misappropriate any funds or other property of a canteen established at an institution within the Department shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in the county jail for not more than one (1) year, or both such fine and imprisonment.

Added by Laws 1953, p. 175, § 137.  Amended by Laws 1986, c. 103, § 20, eff. Nov. 1, 1986.  Renumbered from § 137 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§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.

§43A-2-220.  Failure of executive director to report mistreatment.

An executive director of a facility who fails to report to the district attorney of the county in which the facility is located any officer or employee who shall willfully or maliciously assault, beat, batter, abuse or use mechanical restraints without authority or who aids, abets, advises or permits any consumer confined in the facility to be subjected to such conduct shall be guilty of a misdemeanor.

Added by Laws 1953, p. 174, § 135, emerg. eff. June 3, 1953.  Renumbered from § 135 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2003, c. 46, § 8, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 11, emerg. eff. May 9, 2005.

§43A2221.  Utilization of State Personnel Interchange Program  Contracts with other state agencies, boards and commissions.

A.  The Department of Mental Health and Substance Abuse Services may utilize the services of other state agencies, boards and commissions pursuant to the State Personnel Interchange Program, Section 840.26 et seq. of Title 74 of the Oklahoma Statutes.

B.  The Department may employ and may enter into contracts with employees of other state agencies, boards and commissions, provided:

1.  The work hours of employment would not be contemporaneous; and

2.  No conflict of interest would result.

Added by Laws 1987, c. 206, § 66, operative July 1, 1987.  Amended by Laws 1987, c. 236, § 34, emerg. eff. July 20, 1987; Laws 1990, c. 51, § 43, emerg. eff. April 9, 1990.

§43A-2-222.  Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002.

§43A-2-223.  Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002.

§43A-2-224.  Collection of information for administrative purposes - Confidentiality.

A.  The Department of Mental Health and Substance Abuse Services shall have the authority to collect information sufficient to meet the administration's needs related to oversight, management, evaluation, performance improvement and auditing of mental health, and substance abuse services and combating and preventing mental illness and substance abuse.

B.  The individual forms, computer tapes and other forms of data collected by and furnished to the Department shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act.

Except as otherwise provided by state and federal confidentiality laws, identifying information shall not be disclosed and shall not be used for any public purpose other than the creation and maintenance of anonymous datasets for statistical reporting and data analysis.

Added by Laws 2003, c. 46, § 9, emerg. eff. April 8, 2003.  Amended by Laws 2005, c. 348, § 12, eff. July 1, 2005.

§43A2301.  Office, records and files.

The principal office of the Department, with all records and files of same, shall be maintained in Oklahoma City, Oklahoma and shall be designated the central office.  Names of all personnel employed in each institution in the Department; all essential and important data; statistical information and correspondence relative to the Department and its institutions shall be filed in the office of the Commissioner and by his supervision.

Added by Laws 1953, p. 156, § 16.  Amended by Laws 1970, c. 133, § 4, emerg. eff. April 7, 1970; Laws 1986, c. 103, § 21, eff. Nov. 1, 1986.  Renumbered from § 16 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A2302.  Central Office  Petty cash fund.

There is hereby created a petty cash fund at the Central Office.  The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.

Added by Laws 1985, c. 332, § 7, emerg. eff. July 29, 1985.  Renumbered from § 16.1 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 44, emerg. eff. April 9, 1990.

§43A-2-303.  Department of Mental Health and Substance Abuse Services Revolving Fund.

A.  1.  There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Department of Mental Health and Substance Abuse Services Revolving Fund".

2.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by each facility and office of the Department as:

a. reimbursements from persons and agencies for the care of consumers,

b. reimbursements from other state agencies and entities of government,

c. all reimbursements received by the Department from the United States government or pursuant to proceedings in district court to enforce claims for the cost of care and treatment of consumers,

d. earnings and proceeds in the conduct and management of the dairy, farm, truck, garden, livestock and any industries of such facilities,

e. receipts from sale of excess byproducts, excess property and salvage items,

f. certification fees,

g. gifts, donations and bequests, and

h. receipts from other ancillary services, not otherwise provided by law.

B.  1.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the general operating expenses of facilities and offices of the Department of Mental Health and Substance Abuse Services.

2.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1953, p. 159, § 35.  Amended by Laws 1984, c. 237, § 13, operative July 1, 1984; Laws 1986, c. 103, § 22, eff. Nov. 1, 1986.  Renumbered from § 35 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1986, c. 277, § 20, emerg. eff. June 24, 1986; Laws 1988, c. 260, § 17, emerg. eff. June 29, 1988; Laws 1989, c. 280, § 9, operative July 1, 1989; Laws 1990, c. 51, § 45, emerg. eff. April 9, 1990; Laws 1990, c. 265, § 63, eff. Sept. 1, 1990; Laws 2005, c. 150, § 12, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 10, eff. Nov. 1, 2005.

§43A2304.  Malpractice insurance for certain employees.

The Department of Mental Health and Substance Abuse Services may purchase, with public funds, insurance to protect against malpractice and other liability on the part of professional staff and other employees, administrators and members of the Board of Mental Health and Substance Abuse Services.  This section shall not be construed to make the state, the Board, or any division of the Department of Mental Health and Substance Abuse Services liable for damages from any cause.

Added by Laws 1981, c. 337, § 15, emerg. eff. June 30, 1981.  Renumbered from § 395 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 46, emerg. eff. April 9, 1990.

§43A2305.  Authorization to purchase.

Facilities within the Department of Mental Health and Substance Abuse Services are hereby authorized to purchase ambulances, handicappedequipped transportation vehicles, buses and fire fighting equipment, including fire trucks, from funds available for the operating expenses of the institutions.

Added by Laws 1965, c. 83, § 1.  Amended by Laws 1967, c. 15, § 1, emerg. eff. Feb. 20, 1967; Laws 1982, c. 374, § 38, emerg. eff. July 20, 1982.  Renumbered from § 446 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 47, emerg. eff. April 9, 1990.

§43A-2-306.  Department of Central Services as purchasing agent - Transfer of property to trust.

A.  The Department of Central Services shall be the purchasing agent for each institution in the Department of Mental Health and Substance Abuse Services, but in other matters has no governing power or control of the institutions.  In other matters, the Department of Mental Health and Substance Abuse Services has sole and exclusive control of institutions of the Department when such institutions deal with the care and treatment of mentally ill persons.

B.  The Department of Central Services shall provide all necessary assistance to the Department of Mental Health and Substance Abuse Services in transferring property to a trust created pursuant to Section 1 of this act.

Added by Laws 1953, p. 159, § 33, emerg. eff. June 3, 1953.  Amended by Laws 1983, c. 304, § 15, eff. July 1, 1983; Laws 1983, c. 326, § 50, operative July 1, 1983.  Renumbered from § 33 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 48, emerg. eff. April 9, 1990; Laws 2003, c. 217, § 5, eff. Nov. 1, 2003.

§43A2307.  Property to state in trust for mentally incompetent or poor person Validity  Minimum amount.

Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money, and the proceeds paid over to the state, or the Treasurer thereof, in trust for any insane person, and any will bequeathing or deed conveying any money to this state or the people thereof, in trust for any insane person or poor person, is hereby declared to be legal and valid, as to such trust, and the trust so reposed and declared shall be accepted subject to the conditions, restrictions and limitations contained in this act.  No trust shall be accepted under this act unless the monies so bequeathed, or the proceeds of sale of real or personal estate so devised, bequeathed or conveyed shall amount to at least One Hundred Dollars ($100.00).

Added by Laws 1953, p. 172, § 102.  Renumbered from § 102 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A-2-308.  Repealed by Laws 1987, c. 206, § 96, operative July 1, 1987; Laws 1987, c. 236, § 204, emerg. eff. July 20, 1987.

§43A-2-309.  Repealed by Laws 1989, c. 280, § 11, operative July 1, 1989.

§43A2310.  Intraagency Reimbursement Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Intraagency Reimbursement Revolving Fund".  The fund shall be a continuing fund not subject to fiscal year limitations.  Revenues to the fund shall consist only of intraagency payments from the allocation of operating costs among budgeted activities.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for operating expenses of the Department of Mental Health and Substance Abuse Services.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1988, c. 283, § 25, operative July 1, 1988.  Amended by Laws 1990, c. 51, § 49, emerg. eff. April 9, 1990.

§43A-2-311.  Community-based Substance Abuse Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the Community-based Substance Abuse Revolving Fund.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department of Mental Health and Substance Abuse Services from low-point beer permits pursuant to Section 163.7 of Title 37 of the Oklahoma Statutes, enrollment fees for alcohol and drug substance abuse courses pursuant to the provisions of Section 3-453 of this title, and fees from certification of assessment agencies and assessment personnel pursuant to the provisions of Section 3-460 of this title.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the purpose of providing training and administrative services pursuant to the provisions of Sections 3-453 and 3-460 of this title, and contracting with private facilities, organizations and tribal programs to provide treatment, counseling, rehabilitation, and other related services directed toward alcohol- and drug-dependent persons.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 2003, c. 354, § 2.  Amended by Laws 2005, c. 195, § 11, eff. Nov. 1, 2005.

§43A-2-400.  Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001.

§43A-3.  Renumbered as § 1-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.

§43A-3-101.  Facilities maintained for residents.

The facilities within the Department of Mental Health and Substance Abuse Services, which shall be maintained for residents of the state, are:

1.  Griffin Memorial Hospital, Norman;

2.  Oklahoma Forensic Center, Vinita;

3.  Oklahoma Youth Center, Norman;

4.  Tulsa Center for Behavioral Health;

5.  Carl Albert Community Mental Health Center, McAlester;

6.  Jim Taliaferro Community Mental Health Center, Lawton;

7.  Central Oklahoma Community Mental Health Center, Norman;  

8.  Bill Willis Community Mental Health and Substance Abuse Services Center, Tahlequah;

9.  Northwest Center for Behavioral Health, Woodward;

10.  Oklahoma County Crisis Intervention Center, Oklahoma City;

11.  Norman Alcohol and Drug Treatment Center; and

12.  Vinita Alcohol and Drug Treatment Center.

Added by Laws 1953, p. 159, § 31, emerg. eff. June 3, 1953.  Amended by Laws 1967, c. 138, § 1; Laws 1985, c. 219, § 1, operative July 1, 1985.  Renumbered from § 31 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1986, c. 277, § 16, emerg. eff. June 24, 1986; Laws 1990, c. 51, § 51, emerg. eff. April 9, 1990; Laws 1990, c. 265, § 56, operative July 1, 1990; Laws 1993, c. 323, § 2, emerg. eff. June 7, 1993; Laws 2003, c. 46, § 10, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 2, emerg. eff. May 7, 2003; Laws 2005, c. 195, § 12, eff. Nov. 1, 2005.

§43A-3-101.1.  Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003.

§43A-3-101.2.  Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002.

§43A-3-101.3.  Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002.

§43A-3-101.4.  Repealed by Laws 2002, c. 112, § 7, eff. Dec. 31, 2002.

§43A-3-101.5.  Repealed by Laws 2002, c. 112, § 6, eff. Dec. 31, 2002.

§43A-3-101.6.  Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003.

§43A3102.  Carl Albert Community Mental Health and Substance Abuse Services Center - Jim Taliaferro Community Mental Health and Substance Abuse Services Center.

A.  The Carl Albert Community Mental Health and Substance Abuse Services Center, McAlester, Oklahoma, and the Jim Taliaferro Community Mental Health and Substance Abuse Services Center, Lawton, Oklahoma, are hereby designated as institutions within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.

B.  The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property; records; equipment; supplies and funds to include, if appropriate, revolving funds; and encumbrances from Griffin Memorial Hospital to the appropriate institution designated in subsection A above.

C.  There is hereby created a petty cash fund at the Carl Albert Community Mental Health and Substance Abuse Services Center and at the Jim Taliaferro Community Mental Health and Substance Abuse Services Center.  The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.

Added by Laws 1978, c. 269, § 8, eff. July 1, 1978.  Amended by Laws 1984, c. 237, § 9, operative July 1, 1984; Laws 1986, c. 103, § 24, eff. Nov. 1, 1986.  Renumbered from § 31.1 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 52, emerg. eff. April 9, 1990; Laws 1990, c. 265, § 57, operative July 1, 1990.

§43A3103.  Central Oklahoma Community Mental Health and Substance Abuse Services Center - Transfer of property, etc. - Petty cash fund.

A.  The Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma, is hereby designated a facility within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.

B.  The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, records, equipment, supplies and funds to include, if appropriate, revolving funds, and encumbrances from Griffin Memorial Hospital to the facility designated in subsection A above.

C.  There is hereby created a petty cash fund at the Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma.  The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of the petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.

Added by Laws 1979, c. 266, § 14, eff. July 1, 1979.  Amended by Laws 1984, c. 237, § 10, operative July 1, 1984.  Renumbered from § 31.2 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 53, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 13, emerg. eff. May 9, 2005.

§43A-3-104.  Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005.

§43A3105.  Oklahoma Youth Center  Units  Petty cash fund.

A.  The Oklahoma Youth Center, Norman, Oklahoma, is hereby created and designated a facility within the Department and shall be operated under the supervision of the Department.  The Oklahoma Youth Center shall consist of:

1.  The Adolescent Unit, a building constructed pursuant to the provisions of Section 10, Chapter 341, O.S.L. 1981, Section 20, Chapter 374, O.S.L. 1982, Section 32, Chapter 326, O.S.L. 1983 and Section 114, Chapter 296, O.S.L. 1984; and

2.  The Leland Wolf Unit, formerly known and designated as the Leland Wolf Rehabilitation Center of Central State Griffin Memorial Hospital.

B.  There is hereby created a petty cash fund for the Oklahoma Youth Center.  The Director of State Finance and Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of this petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of this petty cash fund.

Added by Laws 1980, c. 251, § 1, eff. July 1, 1980.  Amended by Laws 1984, c. 237, § 11, operative July 1, 1984; Laws 1985, c. 219, § 2, operative July 1, 1985.  Renumbered from § 31.4 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 55, emerg. eff. April 9, 1990; Laws 1998, c. 268, § 15, eff. July 1, 1998.

§43A3106.  Bill Willis Community Mental Health and Substance Abuse Services Center - Transfer of property, etc. - Petty cash fund.

A.  The Commissioner of Mental Health and Substance Abuse Services is hereby authorized to establish a community mental health service area to include the counties of Cherokee, Adair, Sequoyah, Wagoner, and any other counties deemed appropriate by the Commissioner of Mental Health and Substance Abuse Services.

B.  There is hereby created within the Department of Mental Health and Substance Abuse Services a designated community mental health facility to serve the service area provided for in subsection A of this section that shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.  Said facility shall be named the Bill Willis Community Mental Health and Substance Abuse Services Center and shall be located at Tahlequah.

C.  The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, personnel, records, equipment, supplies, and funds to include, if appropriate, revolving funds and encumbrances from other facilities of the Department of Mental Health and Substance Abuse Services, to the Bill Willis Community Mental Health and Substance Abuse Services Center.

D.  There is hereby created a petty cash fund for the Bill Willis Community Mental Health and Substance Abuse Services Center.  The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.

Added by Laws 1984, c. 98, § 1, emerg. eff. April 4, 1984.  Amended by Laws 1984, c. 237, § 12, operative July 1, 1984; Laws 1986, c. 103, § 25, eff. Nov. 1, 1986.  Renumbered from § 31.7 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 56, emerg. eff. April 9, 1990.

§43A-3-107.  Alcohol and drug treatment centers  Petty cash funds  Transfer of property, records, etc.

A.  There are hereby created and designated as facilities within the Department of Mental Health and Substance Abuse Services, the Norman Alcohol and Drug Treatment Center at Norman and the Vinita Alcohol and Drug Treatment Center at Vinita.  The facilities shall be operated under the supervision and administration of the Commissioner of Mental Health and Substance Abuse Services.  It is the intent of the Legislature that the centers in Norman and Vinita utilize and receive business management, support services and medical ancillary services of the respective state facility where the center is located.

B.  There are hereby created separate petty cash funds for the Alcohol and Drug Treatment Centers at Norman and Vinita.  The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of each petty cash fund.