An Act
ENROLLED SENATE
BILL NO. 295

By: Ivester and Johnson
(Constance) of the Senate
and
Derby and Murphey of the
House

An Act relating to mental health; amending 43A O.S.
2011, Section 1-103, as amended by Section 1 of
Enrolled Senate Bill No. 725 of the 1st Session of
the 54th Oklahoma Legislature, which relates to
definitions; adding certain term; amending 43A O.S.
2011, Section 3-317, which relates to community-based
structured crisis centers; requiring centers to
comply with certain standards; amending 43A O.S.
2011, Section 3-403, which relates to definitions;
adding certain term; amending 43A O.S. 2011, Section
3-415, which relates to certified services for
alcohol- and drug-dependent persons; adding certain
exemptions; and providing an effective date.

SUBJECT:

Drug and alcohol recovery and recovery support services

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY
43A O.S. 2011, Section 1-103, as
amended by Section 1 of Enrolled Senate Bill No. 725 of the 1st
Session of the 54th Oklahoma Legislature, is amended to read as
follows:
Section 1-103. 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 the Mental Health 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
an individual with mental illness, or drug or alcohol dependency,
gambling addiction, eating disorders, an opioid substitution
treatment program, 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,

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 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 the Oklahoma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine
Act,

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 the
Licensed Professional Counselors Act,

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
the Marital and Family Therapist Licensure Act,

g.

a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act,

h.

an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act specializing in mental health,

i.

a physician's assistant who is licensed in good
standing in this state and has received specific
training for and is experienced in performing mental
health therapeutic, diagnostic, or counseling
functions, or

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 j.

a licensed drug and alcohol counselor/mental health
("LADC/MH") as defined in the Licensed Alcohol and
Drug Counselors Act;

12. "Mentally incompetent person" means any person who has been
adjudicated mentally or legally incompetent by an appropriate
district court;
13.

a.

b.

"Person requiring treatment" means a person who
because of his or her mental illness or drug or
alcohol dependency:
(1)

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

(2)

poses 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,

(3)

has 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
and immediate threats,

(4)

is in a condition of severe deterioration such
that, without immediate intervention, there
exists a substantial risk that severe impairment
or injury will result to the person, or

(5)

poses a substantial risk of immediate serious
physical injury to self or death as manifested by
evidence that the person is unable to provide for
and is not providing for his or her basic
physical needs.

The mental health or substance abuse history of the
person may be used as part of the evidence to
determine whether the person is a person requiring

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 treatment. The mental health or substance abuse
history of the person shall not be the sole basis for
this determination.
c.

d.

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,
dementia, or Alzheimer's disease,

(2)

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

(3)

a person with seizure disorder,

(4)

a person with a traumatic brain injury, or

(5)

a person who is homeless.

A person who meets the criteria established in this
section, but who is medically unstable, or the
facility holding the person is unable to treat the
additional medical conditions of that person should be
discharged and transported in accordance with Section
1-110 of this title;

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;

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 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. "Telemedicine" means the practice of health care delivery,
diagnosis, consultation, evaluation, treatment, transfer of medical
data, or exchange of medical education information by means of
audio, video, or data communications. Telemedicine uses audio and
video multimedia telecommunication equipment which permits two-way
real-time communication between a health care practitioner and a
patient who are not in the same physical location. Telemedicine

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 shall not include consultation provided by telephone or facsimile
machine; and
19. “Recovery and recovery support” means nonclinical services
that assist individuals and families to recover from alcohol or drug
problems. They include social support, linkage to and coordination
among allied service providers, including but not limited to
transportation to and from treatment or employment, employment
services and job training, case management and individual services
coordination, life skills education, relapse prevention, housing
assistance, child care, and substance abuse education.
SECTION 2.
AMENDATORY
amended to read as follows:

43A O.S. 2011, Section 3-317, is

Section 3-317. A. The Board of Mental Health and Substance
Abuse Services, or the Commissioner of Mental Health and Substance
Abuse Services upon delegation by the Board, shall certify
community-based structured crisis centers for the provision of
nonhospital emergency services for mental health and substance abuse
crisis intervention. The Board shall promulgate rules for the
certification of community-based structured crisis centers.
B. No community-based structured crisis center shall operate or
continue to operate unless the facility complies with the rules
promulgated by the Board and is certified as required by this
section.
C. For the purposes of this section, "community-based
structured crisis center" means any certified community mental
health center, comprehensive community addiction recovery center, or
facility operated by the Department which is established and
maintained for the purpose of providing community-based mental
health and substance abuse crisis stabilization services including,
but not limited to, observation, evaluation, emergency treatment and
referral, when necessary, for inpatient psychiatric or substance
abuse treatment services.
D. The Department of Mental Health and Substance Abuse Services
is authorized to establish and collect certification and renewal
fees for certification of community-based structured crisis centers
as provided in Section 3-324 of this title.

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 E. Failure to comply with rules and standards promulgated by
the Board shall be grounds for revocation, suspension or nonrenewal
of certification Certified community-based structured crisis centers
shall comply with standards adopted by the Board. Such standards
shall be in compliance with:
1. The Joint Commission on Accreditation of Healthcare
Organizations;
2. The Commission on Accreditation of Rehabilitation
Facilities;
3.

The Council on Accreditation (COA); or

4. Approved medical and professional standards as determined by
the Board.
SECTION 3.
AMENDATORY
amended to read as follows:
Section 3-403.
Services Act:
1.

43A O.S. 2011, Section 3-403, is

As used in the Oklahoma Alcohol and Drug Abuse

"Approved treatment facility" means any facility which:
a.

offers either inpatient, intermediate or outpatient
treatment to any person suffering from alcohol or drug
abuse, or alcohol- or drug-related problems, and

b.

is certified by the Board of Mental Health and
Substance Abuse Services;

2. An "alcohol-dependent person" is one who uses alcoholic
beverages to such an extent that it impairs the health, family life,
or occupation of the person and compromises the health and safety of
the community;
3. A "drug-dependent person" means a person who is using a
controlled substance as presently defined in Section 102 of the
Federal Controlled Substances Act and who is in a state of psychic
or physical dependence, or both, arising from administration of that

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 controlled substance on an intermittent or continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
4. "Intoxicated person" means a person whose mental or physical
functioning is substantially impaired as the direct result of the
consumption of alcohol or drugs;
5. "Medical detoxification" means diagnostic and treatment
services performed by licensed facilities for acute alcohol
intoxication, delirium tremens and physical and neurological
complications resulting from acute intoxication. Medical
detoxification includes the services of a physician and attendant
medical personnel including nurses, interns and emergency room
personnel, the administration of a medical examination and a medical
history, the use of an emergency room and emergency medical
equipment if warranted, a general diet of three meals each day, the
administration of appropriate laboratory tests, and supervision by
properly trained personnel until the person is no longer medically
incapacitated by the effects of alcohol;
6. "Nonmedical detoxification" means detoxification services
for intoxicated clients with no apparent physical or neurological
symptoms requiring medical treatment as a result of their
intoxication. Nonmedical detoxification includes providing a bed,
oral administration of fluids, three meals a day and the taking of
the client's temperature, blood pressure and pulse at least once
every six (6) hours for the duration of the client's stay in the
nonmedical detoxification service;
7. "Inpatient treatment" means the process of providing
residential diagnostic and treatment services on a scheduled basis;
8. "Intermediate care" means an organized therapeutic
environment in which a client may receive diagnostic services,
counseling, vocational rehabilitation and/or work therapy while
benefiting from the support which a full or partial residential
setting can provide. Intermediate care should provide a transition
between the inpatient detoxification facility and reintegration into

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 community life. Intermediate care must include provision for a bed,
three meals a day and medical support if needed;
9. "Transitional living facility" and "halfway house" means an
approved treatment facility which offers or provides temporary
residential accommodations, meals, supervision at all times
residents are in the facility or on facility premises, and services,
including counseling, short-term supportive care, case management,
mental health services or treatment services;
10. "Short-term supportive care" means a service rendered to
any person residing in a halfway house or transitional living
facility which is sufficient to assist the person to meet or achieve
an adequate level of daily living and to learn or develop adequate
daily living skills. Daily living skills shall include, but not be
limited to, resident participation in meal preparation and routine
housekeeping and laundry tasks. Short-term supportive assistance
includes, but is not limited to, assistance in the preparation of
meals, housekeeping, laundry tasks and personal hygiene. Short-term
supportive assistance shall not include medical services or personal
care as defined in Section 1-820 of Title 63 of the Oklahoma
Statutes; and
11. "Treatment" means the broad range of emergency, inpatient,
intermediate and outpatient services and care, including diagnostic
evaluation, medical, psychiatric, psychological and social service
care, vocational rehabilitation and career counseling, which may be
extended to alcohol-dependent, intoxicated and drug-dependent
persons; and
12. “Faith-based” means an
or program that offers services
beliefs that are articulated by
facility’s or program’s mission
sponsoring entities.
SECTION 4.
AMENDATORY
amended to read as follows:

organization, association, facility
within a context of religious
the organization’s, association’s,
statement, affiliations, or
43A O.S. 2011, Section 3-415, is

Section 3-415. A. 1. The Board of Mental Health and Substance
Abuse Services shall promulgate rules and standards for
certification for private facilities and organizations which provide

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 treatment, counseling, recovery and rehabilitation services directed
toward alcohol- and drug-dependent persons. These facilities and
organizations shall be known as “Certified Services for the Alcoholand Drug-Dependent”. Only certified facilities may receive and
assist alcohol- and drug-dependent persons by providing treatment,
recovery support and rehabilitation.
2. Any person violating the requirement that only certified
facilities may receive and assist alcohol- and drug-dependent
persons by providing treatment to alcohol- and drug-dependent
persons, upon conviction, shall be guilty of a misdemeanor. Except
as otherwise provided in this section, no substance abuse treatment
program shall operate or continue to operate unless the facility
complies with the rules promulgated by the Board and is certified as
required by this section.
B. Applications for certification as a certified service for
the alcohol- and drug-dependent person pursuant to the provisions of
this section shall be made to the Department of Mental Health and
Substance Abuse Services on prescribed forms.
C. The Board, or the Commissioner of Mental Health and
Substance Abuse Services upon delegation by the Board, may certify
the facility for a period of thirty-six (36) months subject to
renewal as provided.
D. The Board or the Commissioner of Mental Health and Substance
Abuse Services upon delegation by the Board, may postpone, deny
renewal of, revoke, or suspend the certification of the facility for
failure to comply with rules and standards promulgated by the Board.
E. The following are exempt from the provisions of the Oklahoma
Alcohol and Drug Abuse Services Act:
1. Individual persons in private practice as licensed
physicians, licensed psychologists, licensed social workers,
registered nurses, licensed professional counselors, licensed
marriage and family therapists, licensed behavioral practitioners,
individual members of the clergy, and certified alcohol or drug
abuse counselors. The exemption shall apply only to individual
professional persons in their private practice and not to any
treatment facility operated by the person;

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 2. Properly licensed hospitals, psychiatric and medical
surgical facilities;
3.

Programs or facilities operated by a state agency;

4. Programs conducted and facilities operated by Alcoholics
Anonymous; or
5.
Army;
6.

Programs conducted and facilities operated by the Salvation
Faith-based, nonresidential recovery programs;

7. Residential recovery-based programs with a resident capacity
of less than twelve; or
8. Residential recovery and recovery support programs that are
not collocated with certified treatment programs. However, the
Department of Mental Health and Substance Abuse Services shall offer
voluntary certification for those resident recovery and recovery
support programs that are not collocated with certified treatment
programs that desire Department certification.
F. Certified services for the alcohol- or drug-dependent person
shall comply with standards adopted by the Board. Such standards
shall require that treatment and therapeutic methods shall be in
compliance with:
1. The Joint Commission on Accreditation of Healthcare
Organizations;
2. The Commission on Accreditation of Rehabilitation
Facilities;
3.

The Council on Accreditation (COA); or

4. Approved medical and professional standards as determined by
the Board.

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 G. Any facility or organization certified to provide certified
services shall cooperate with inspection personnel of the state and
shall promptly file all reports required by the Board.
H. All claims by and accomplishments publicized by any
applicant for certification or any certified alcohol- or drugdependent organization, including but not limited to consumer count
and success rates, shall be documented and verifiable by the Board.
I. The Department of Mental Health and Substance Abuse Services
is authorized to establish and collect certification and renewal
fees for certification of private facilities and organizations which
provide treatment, counseling and rehabilitation services directed
toward alcohol- and drug-dependent persons, as provided in Section
3-324 of this title.
J. Any materials or information received by the Department from
an applicant regarding the applicant’s financial status shall not be
construed to be open records pursuant to the Oklahoma Open Records
Act.
SECTION 5.

This act shall become effective November 1, 2013.

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 Passed the Senate the 1st day of May, 2013.

Presiding Officer of the Senate
Passed the House of Representatives the 15th day of April, 2013.

Presiding Officer of the House
of Representatives

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________

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