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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 740 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to mental health; amending 43A O.S.
7 2021, Section 1-103, as last amended by Section 1,
8 Chapter 96, O.S.L. 2024 (43A O.S. Supp. 2024, Section
8 1-103), which relates to definitions; modifying
9 certain definitions; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 43A O.S. 2021, Section 1-103, as
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14 last amended by Section 1, Chapter 96, O.S.L. 2024 (43A O.S. Supp.
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15 2024, Section 1-103), is amended to read as follows:
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16 Section 1-103. When used in this title, unless otherwise
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17 expressly stated, or unless the context or subject matter otherwise
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18 requires:
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19 1. "Department" means the Department of Mental Health and
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20 Substance Abuse Services;
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21 2. "Chair" means the chair of the Board of Mental Health and
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22 Substance Abuse Services;
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23 3. "Mental illness" means a substantial disorder of thought,
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24 mood, perception, psychological orientation or memory that
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1 significantly impairs judgment, behavior, capacity to recognize
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2 reality or ability to meet the ordinary demands of life;
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3 4. "Board" means the Board of Mental Health and Substance Abuse
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4 Services as established by the Mental Health Law;
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5 5. "Commissioner" means the Commissioner of Mental Health and
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6 Substance Abuse Services;
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7 6. "Indigent person" means a person who does not have
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8 sufficient assets or resources to support the person and to support
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9 members of the family of the person lawfully dependent on the person
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10 for support;
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11 7. "Facility" means any hospital, school, building, house or
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12 retreat, authorized by law to have the care, treatment or custody of
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13 an individual with mental illness, drug or alcohol dependency,
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14 gambling addiction, or an eating disorder including, but not limited
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15 to, public or private hospitals, community mental health centers,
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16 clinics, satellites, and community-based structured crisis centers;
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17 provided, that facility shall not mean a child guidance center
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18 operated by the State Department of Health;
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19 8. "Consumer" means a person under care or treatment in a
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20 facility pursuant to the Mental Health Law, or in an outpatient
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21 status;
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22 9. "Care and treatment" means medical care and behavioral
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23 health services, as well as food, clothing and maintenance,
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24 furnished to a person;
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1 10. Whenever in this law or in any other law, or in any rule or
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2 order made or promulgated pursuant to this law or to any other law,
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3 or in the printed forms prepared for the admission of consumers or
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4 for statistical reports, the words "insane", "insanity", "lunacy",
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5 "mentally sick", "mental disease" or "mental disorder" are used,
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6 such terms shall have equal significance to the words "mental
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7 illness";
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8 11. "Licensed mental health professional" means:
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9 a. a psychiatrist who is a diplomate of the American
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10 Board of Psychiatry and Neurology,
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11 b. a psychiatrist who is a diplomate of the American
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12 Osteopathic Board of Neurology and Psychiatry,
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13 c. a physician licensed pursuant to the Oklahoma
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14 Allopathic Medical and Surgical Licensure and
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15 Supervision Act or the Oklahoma Osteopathic Medicine
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16 Act,
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17 d. a clinical psychologist who is duly licensed to
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18 practice by the State Board of Examiners of
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19 Psychologists,
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20 e. a professional counselor licensed pursuant to the
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21 Licensed Professional Counselors Act,
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22 f. a person licensed as a clinical social worker pursuant
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23 to the provisions of the Social Worker's Licensing
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24 Act,
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1 g. a licensed marital and family therapist as defined in
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2 the Marital and Family Therapist Licensure Act,
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3 h. a licensed behavioral practitioner as defined in the
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4 Licensed Behavioral Practitioner Act,
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5 i. an advanced practice nurse as defined in the Oklahoma
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6 Nursing Practice Act,
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7 j. a physician's assistant who is licensed in good
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8 standing in this state, or
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9 k. a licensed alcohol and drug counselor/mental health
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10 (LADC/MH) as defined in the Licensed Alcohol and Drug
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11 Counselors Act;
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12 12. "Mentally incompetent person" means any person who has been
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13 adjudicated mentally or legally incompetent by an appropriate
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14 district court;
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15 13. a. "Person requiring treatment" means a person who
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16 because of his or her mental illness or drug or
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17 alcohol dependency meets at least one of the
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18 following:
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19 (1) poses a substantial risk of immediate physical
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20 harm to self as manifested by evidence or serious
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21 threats of or attempts at suicide or other
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22 significant self-inflicted bodily harm,
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23 (2) poses a substantial risk of immediate physical
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24 harm to another person or persons as manifested
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1 by evidence of violent behavior directed toward
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2 another person or persons,
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3 (3) has placed another person or persons in a
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4 reasonable fear of violent behavior directed
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5 towards such person or persons or serious
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6 physical harm to them as manifested by serious
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7 and immediate threats,
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8 (4) is in a condition of severe deterioration that is
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9 continuing, as has been observed within the
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10 previous seventy-two (72) hour period such that,
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11 without immediate intervention, there exists a
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12 substantial risk that severe impairment or injury
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13 will result to the person, or
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14 (5) poses a substantial risk of immediate serious
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15 physical injury harm to self or death as
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16 manifested by evidence that the person is unable
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17 to provide for and is not providing for his or
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18 her basic physical needs.
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19 b. To the extent it is reasonably available, the relevant
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20 mental health or substance abuse history of the person
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21 shall be considered and may be proffered as part of
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22 the evidence to determine whether the person is a
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23 person requiring treatment or an assisted outpatient.
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24 The mental health or substance abuse history of the
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1 person shall not be the sole basis for this
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2 determination.
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3 c. Unless a person also meets the criteria established in
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4 subparagraph a or b of this paragraph, "person
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5 requiring treatment" or an "assisted outpatient" shall
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6 not mean:
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7 (1) a person whose mental processes have been
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8 weakened or impaired by reason of advanced years,
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9 dementia, or Alzheimer's disease,
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10 (2) a person with intellectual or developmental
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11 disability as defined in Title 10 of the Oklahoma
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12 Statutes,
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13 (3) a person with seizure disorder, or
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14 (4) a person with a traumatic brain injury, or
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15 (5) a person who is homeless.
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16 d. (1) A person who meets the criteria established in
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17 this paragraph but who is medically unstable may
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18 be discharged and transported in accordance with
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19 Section 1-110 of this title. Alternatively, if
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20 the facility holding the person is able to treat
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21 the additional medical conditions of that person,
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22 the facility may treat the additional medical
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23 conditions in an effort to medically stabilize
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24 the patient.
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1 (2) If the facility holding the person is unable to
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2 treat the additional medical conditions of a
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3 person who meets the criteria established in this
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4 paragraph, the patient shall be discharged and
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5 transported in accordance with Section 1-110 of
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6 this title.
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7 (3) All time elapsed during medical stabilization
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8 tolls the twelve (12) hour time for an initial
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9 assessment pursuant to paragraph 1 of subsection
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10 A of Section 5-208 of this title, and the one-
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11 hundred-twenty-hour emergency detention time
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12 pursuant to paragraph 3 of subsection A of
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13 Section 5-208 of this title;
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14 14. "Petitioner" means a person who files a petition alleging
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15 that an individual is a person requiring treatment or an assisted
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16 outpatient;
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17 15. "Executive director" means the person in charge of a
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18 facility as defined in this section;
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19 16. "Private hospital or facility" means any general hospital
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20 maintaining a neuro-psychiatric unit or ward, or any private
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21 hospital or facility for care and treatment of a person having a
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22 mental illness, which is not supported by the state or federal
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23 government. The term "private hospital" or "facility" shall not
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1 include nursing homes or other facilities maintained primarily for
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2 the care of elderly and disabled persons;
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3 17. "Individualized treatment plan" means a proposal developed
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4 during the stay of an individual in a facility, under the provisions
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5 of this title, which is specifically tailored to the treatment needs
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6 of the individual. Each plan shall clearly include the following:
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7 a. a statement of treatment goals or objectives, based
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8 upon and related to a clinical evaluation, which can
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9 be reasonably achieved within a designated time
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10 interval,
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11 b. treatment methods and procedures to be used to obtain
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12 these goals, which methods and procedures are related
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13 to each of these goals and which include specific
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14 prognosis for achieving each of these goals,
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15 c. identification of the types of professional personnel
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16 who will carry out the treatment procedures including
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17 appropriate medical or other professional involvement
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18 by a physician or other health professional properly
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19 qualified to fulfill legal requirements mandated under
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20 state and federal law,
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21 d. documentation of involvement by the individual
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22 receiving treatment and, if applicable, the accordance
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23 of the individual with the treatment plan, and
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1 e. a statement attesting that the executive director of
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2 the facility or clinical director has made a
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3 reasonable effort to meet the plan's individualized
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4 treatment goals in the least restrictive environment
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5 possible closest to the home community of the
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6 individual;
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7 18. "Telemedicine" means technology-enabled health and care
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8 management and delivery systems that extend capacity and access,
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9 which includes:
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10 a. synchronous mechanisms, which may include live
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11 audiovisual interaction between a patient and a health
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12 care professional or real-time provider to provider
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13 consultation through live interactive audiovisual
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14 means,
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15 b. asynchronous mechanisms, which include store and
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16 forward transfers, online exchange of health
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17 information between a patient and a health care
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18 professional and online exchange of health information
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19 between health care professionals, but shall not
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20 include the use of automated text messages or
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21 automated mobile applications that serve as the sole
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22 interaction between a patient and a health care
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23 professional,
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24 c. remote patient monitoring, and
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1 d. other electronic means that support clinical health
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2 care, professional consultation, patient and
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3 professional health-related education, public health
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4 and health administration;
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5 19. "Recovery and recovery support" means nonclinical services
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6 that assist individuals and families to recover from alcohol or drug
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7 problems. They include social support, linkage to and coordination
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8 among allied service providers including but not limited to
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9 transportation to and from treatment or employment, employment
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10 services and job training, case management and individual services
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11 coordination, life skills education, relapse prevention, housing
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12 assistance, child care, and substance abuse education;
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13 20. "Assisted outpatient" means a person who:
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14 a. is either currently under the care of a facility
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15 certified by the Department of Mental Health and
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16 Substance Abuse Services as a Community Mental Health
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17 Center, or is being discharged from the custody of the
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18 Oklahoma Department of Corrections, or is being
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19 discharged from a residential placement by the Office
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20 of Juvenile Affairs,
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21 b. is suffering from a mental illness,
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22 c. is unlikely to survive safely in the community without
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23 supervision, based on a clinical determination,
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1 d. has a history of lack of compliance with treatment for
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2 mental illness that has:
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3 (1) prior to the filing of a petition, at least twice
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4 within the last thirty-six (36) months been a
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5 significant factor in necessitating
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6 hospitalization or treatment in a hospital or
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7 residential facility including admission to a
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8 community-based structured crisis center as
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9 certified by the Oklahoma Department of Mental
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10 Health and Substance Abuse Services, or receipt
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11 of services in a forensic or other mental health
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12 unit of a correctional facility, or a specialized
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13 treatment plan for treatment of mental illness in
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14 a secure juvenile facility or placement in a
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15 specialized residential program for juveniles, or
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16 (2) prior to the filing of the petition, resulted in
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17 one or more acts of serious violent behavior
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18 toward self or others or threats of, or attempts
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19 at, serious physical harm to self or others
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20 within the last twenty-four (24) thirty-six (36)
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21 months,
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22 e. is, as a result of his or her mental illness, unlikely
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23 to voluntarily participate in outpatient treatment
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1 that would enable him or her to live safely in the
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2 community,
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3 f. in view of his or her treatment history and current
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4 behavior, is in need of assisted outpatient treatment
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5 in order to prevent a relapse or deterioration which
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6 would be likely to result in serious harm to the
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7 person or persons as defined in this section, and
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8 g. is likely to benefit from assisted outpatient
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9 treatment;
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10 21. "Assisted outpatient treatment" means outpatient services
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11 which have been ordered by the court pursuant to a treatment plan
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12 approved by the court to treat an assisted outpatient's mental
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13 illness and to assist the person in living and functioning in the
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14 community, or to attempt to prevent a relapse or deterioration that
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15 may reasonably be predicted to result in suicide or the need for
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16 hospitalization; and
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17 22. "Urgent recovery clinic" means a clinic that offers
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18 voluntary services aimed at the assessment and immediate
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19 stabilization of acute symptoms of mental illness, alcohol and other
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20 drug abuse, and emotional distress. Unless the person receiving
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21 treatment consents to a longer duration or unless the person is
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22 placed into emergency detention under Sections 5-206 through 5-209
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23 of this title, no more than twenty-three (23) hours and fifty-nine
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1 (59) minutes of services may be provided to a consumer during one
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2 episode of care at an urgent recovery clinic.
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3 SECTION 2. This act shall become effective November 1, 2025.
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5 60-1-208 DC 1/19/2025 5:42:20 AM
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Req. No. 208 Page 13Every fact on this page links to its source, starting with the official bill record.