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STATE OF OKLAHOMA

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1st Session of the 54th Legislature (2013)

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SENATE BILL 295

By: Ivester

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AS INTRODUCED

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An Act relating to mental health; amending 43A O.S.
2011, Section 3-415, which relates to certification
of drug and alcohol rehabilitation facilities;
including recovery support facilities in certain
definitions; excluding certain faith-based and
residential recovery facilities from the Oklahoma
Alcohol and Drug Abuse Services Act; and providing an
effective date.

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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.

AMENDATORY

43A O.S. 2011, Section 3-415, is

amended to read as follows:
Section 3-415.

A.

1.

The Board of Mental Health and Substance

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Abuse Services shall promulgate rules and standards for

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certification for private facilities and organizations which provide

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treatment, counseling, recovery, and rehabilitation services

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directed toward alcohol- and drug-dependent persons.

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facilities and organizations shall be known as "Certified Services

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for the Alcohol and Drug Dependent".

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receive and assist alcohol- and drug-dependent persons by providing

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treatment, recovery support, and rehabilitation.

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These

Only certified facilities may

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2.

Any person violating the requirement that only certified

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facilities may receive and assist alcohol- and drug-dependent

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persons by providing treatment to alcohol- and drug-dependent

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persons, upon conviction, shall be guilty of a misdemeanor.

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as otherwise provided in this section, no substance abuse treatment

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program shall operate or continue to operate unless the facility

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complies with the rules promulgated by the Board and is certified as

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required by this section.

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B.

Except

Applications for certification as a certified service for

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the alcohol- and drug-dependent person pursuant to the provisions of

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this section shall be made to the Department of Mental Health and

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Substance Abuse Services on prescribed forms.

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C.

The Board, or the Commissioner of Mental Health and

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Substance Abuse Services upon delegation by the Board, may certify

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the facility for a period of thirty-six (36) months subject to

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renewal as provided.

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D.

The Board or the Commissioner of Mental Health and Substance

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Abuse Services upon delegation by the Board, may postpone, deny

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renewal of, revoke, or suspend the certification of the facility for

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failure to comply with rules and standards promulgated by the Board.

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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,

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registered nurses, licensed professional counselors, licensed

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marriage and family therapists, licensed behavioral practitioners,

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individual members of the clergy, and certified alcohol or drug

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abuse counselors.

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professional persons in their private practice and not to any

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treatment facility operated by the person;

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2.

The exemption shall apply only to individual

Properly licensed hospitals, psychiatric and medical

surgical facilities;

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3.

Programs or facilities operated by a state agency;

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4.

Programs conducted and facilities operated by Alcoholics

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Anonymous; or
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Programs conducted and facilities operated by the Salvation

Army;

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6.

Faith-based, nonresidential recovery programs; or

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7.

Residential recovery-based programs with a resident capacity

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of less than twelve (12).
F.

Certified services for the alcohol- or drug-dependent person

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shall comply with standards adopted by the Board.

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shall require that treatment and therapeutic methods shall be in

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compliance with:

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1.

Such standards

The Joint Commission on Accreditation of Healthcare

Organizations;

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2.

The Commission on Accreditation of Rehabilitation

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Facilities;

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The Council on Accreditation (COA); or

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4.

Approved medical and professional standards as determined by

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the Board.

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G.

Any facility or organization certified to provide certified

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services shall cooperate with inspection personnel of the state and

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shall promptly file all reports required by the Board.
H.

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All claims by and accomplishments publicized by any

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applicant for certification or any certified alcohol- or drug-

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dependent organization, including but not limited to consumer count

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and success rates, shall be documented and verifiable by the Board.
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The Department of Mental Health and Substance Abuse Services

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is authorized to establish and collect certification and renewal

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fees for certification of private facilities and organizations which

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provide treatment, counseling and rehabilitation services directed

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toward alcohol- and drug-dependent persons, as provided in Section

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3-324 of this title.
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Any materials or information received by the Department from

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an applicant regarding the applicant's financial status shall not be

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construed to be open records pursuant to the Oklahoma Open Records

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Act.

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SECTION 2.

This act shall become effective November 1, 2013.

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54-1-37

JAM

1/11/2013 3:59:56 PM

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Req. No. 37

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