Regulation detail

43A O.S.

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Mental Health Law (commitment, 1-109 confidentiality, ADASA, APS)

Jurisdiction: OK Agency: Oklahoma Legislature
CMHC (100%) CRISIS_STABILIZATION (100%) DETOX (80%) MH_RESIDENTIAL (100%) OTP (100%) OUTPATIENT (80%) PRTF (80%) PSYCH_FACILITY (100%) RECOVERY_RESIDENCE (80%) SUD_RESIDENTIAL (100%)
Plain-English summary

Oklahoma Title 43A establishes the comprehensive mental health and substance abuse law governing the state Department of Mental Health and Substance Abuse Services, including civil commitment procedures, patient rights, facility standards, and certification requirements for a wide range of behavioral health programs. Facility operators must comply with licensing and certification standards for community mental health centers, residential mental health programs, substance abuse treatment facilities, opioid substitution treatment programs, crisis centers, and related services. The law also sets out admission, treatment, confidentiality, and discharge requirements for both voluntary and involuntary consumers across inpatient and community-based settings.

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Regulation text
OKLAHOMA STATUTES 
TITLE 43A. MENTAL HEALTH 
 
§43A-1. Renumbered as § 1-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ..................... 13 
§43A-1-101. Short title. ................................................................................................................................ 13 
§43A-1-102. Purpose of law. ........................................................................................................................ 13 
§43A-1-103. Definitions. .............................................................................................................................. 13 
§43A-1-104. Public policy. ............................................................................................................................ 20 
§43A-1-105. Mental or legal incompetence - Presumptions. ...................................................................... 20 
§43A-1-106. Representation of state in court proceedings. ........................................................................ 20 
§43A-1-107. Venue of actions - Hearings. ................................................................................................... 21 
§43A-1-108. Habeas corpus - Notice - Evidence. ......................................................................................... 22 
§43A-1-109. Confidential and privileged information - Disclosure. ............................................................. 23 
§43A-1-109.1. Treatment advocates. .......................................................................................................... 28 
§43A-1-110. Law enforcement responsibility for transporting persons for mental health services – 
Use of telemedicine - Reimbursement of expenses. ................................................................................. 29 
§43A-1-110.1. Mental Health Transport Revolving Fund. ........................................................................... 32 
§43A-2. Renumbered as § 1-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ..................... 32 
§43A-2-101. Department of Mental Health and Substance Abuse Services - Board of Mental Health 
and Substance Abuse Services. .................................................................................................................. 33 
§43A-2-102. Department to have charge and control of state institutions. ................................................ 33 
§43A-2-103. Board of Mental Health and Substance Abuse Services - Members - Meetings - 
Visitation - Expenses. ................................................................................................................................. 33 
§43A-2-104. Disposition of surplus equipment and land - Purchases. ........................................................ 35 
§43A-2-105. Board as Mental Health and Substance Abuse Services Authority. ........................................ 35 
§43A-2-106. Grants, devises, donations and bequests - Investment of funds - Lease or sale of 
property - Annual account to State Auditor and Inspector. ...................................................................... 35 
§43A-2-107. Capital Outlay Fund - Approval of easements, rights-of-way and leases - Deposit and 
use of proceeds. ......................................................................................................................................... 36 
§43A-2-108. Investigation of wrongful, negligent or improper treatment - System for prompt 
resolution of complaints - Confidentiality of information. ........................................................................ 37 
§43A-2-109. Office of Consumer Advocacy - Advocate General and staff - Confidentiality of 
information. ............................................................................................................................................... 38 
§43A-2-110. Citizen advisory groups. .......................................................................................................... 39 
§43A-2-111. Real property trust. ................................................................................................................. 40 
§43A-2-150. Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990. ............................................. 42 
§43A-2-151. Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990. ............................................. 42 
§43A-2-152. Repealed by Laws 1990, c. 51, § 145, emerg. eff. April 9, 1990. ............................................. 42 
§43A-2-201. Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary. ..... 42 
§43A-2-202. Repealed by Laws 2008, c. 401, § 19, eff. Nov. 1, 2008. ......................................................... 43 
§43A-2-202.1. Commissioner - Powers and duties. ..................................................................................... 43 
§43A-2-203. Classifications of employee positions - Exceptions. ................................................................ 44 
§43A-2-204. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 44 
§43A-2-205. Internal audit program. ........................................................................................................... 44 
§43A-2-206. Legal services. .......................................................................................................................... 45 
§43A-2-207. Employment of assistants and counsel by Commissioner to enforce claims. ......................... 45 
§43A-2-208. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 45 
§43A-2-209. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
§43A-2-210. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
§43A-2-211. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
§43A-2-212. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
§43A-2-213. Chaplain - Duties. .................................................................................................................... 46 
§43A-2-214. Training of institution personnel - Use of funds. ..................................................................... 46 
§43A-2-215. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
§43A-2-216. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 46 
 
Oklahoma Statutes - Title 43A. Mental Health Page 2 
§43A-2-217. Repealed by Laws 2008, c. 401, § 20, eff. Nov. 1, 2008. ......................................................... 46 
§43A-2-218. Misuse or misappropriation of funds or property of canteen. ............................................... 46 
§43A-2-219. Mistreatment of consumer. .................................................................................................... 47 
§43A-2-220. Failure of executive director to report mistreatment. ............................................................ 47 
§43A-2-221. Utilization of State Personnel Interchange Program - Contracts with other state 
agencies, boards and commissions. ........................................................................................................... 47 
§43A-2-222. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 48 
§43A-2-223. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 48 
§43A-2-224. Collection of information for administrative purposes - Confidentiality. ............................... 48 
§43A-2-301. Office, records and files. .......................................................................................................... 48 
§43A-2-302. Central Office - Petty cash fund. ............................................................................................. 49 
§43A-2-303. Department of Mental Health and Substance Abuse Services Revolving Fund. ..................... 49 
§43A-2-304. Malpractice insurance for certain employees. ........................................................................ 50 
§43A-2-305. Authorization to purchase. ...................................................................................................... 50 
§43A-2-306. Office of Management and Enterprise Services as purchasing agent – Transfer of 
property to trust. ....................................................................................................................................... 50 
§43A-2-307. Property to state in trust for mentally incompetent or poor person - Validity - Minimum 
amount. ...................................................................................................................................................... 51 
§43A-2-308. Repealed by Laws 1987, c. 206, § 96, operative July 1, 1987; Laws 1987, c. 236, § 204, 
emerg. eff. July 20, 1987. ........................................................................................................................... 51 
§43A-2-309. Repealed by Laws 1989, c. 280, § 11, operative July 1, 1989. ................................................. 51 
§43A-2-310. Intra-agency Reimbursement Revolving Fund. ....................................................................... 51 
§43A-2-311. Community-based Substance Abuse Revolving Fund. ............................................................ 52 
§43A-2-312.1. County Community Safety Investment Fund ....................................................................... 52 
§43A-2-312.2. Savings and averted costs from implementation of the Oklahoma Smart Justice 
Reform Act. ................................................................................................................................................ 53 
§43A-2-312.3. Compliance. .......................................................................................................................... 53 
§43A-2-312.4. Request for proposals for funds. .......................................................................................... 54 
§43A-2-400. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 55 
§43A-2-401.1. Emergency opioid antagonists for Department of Corrections and county jails — 
Opioid overdoes education program. ........................................................................................................ 55 
§43A-2-401.2. Emergency opioid antagonists for hospitals. ....................................................................... 55 
§43A-2-402. Nonopioid alternatives — Funding opportunities — Political subdivision assistance. ........... 56 
§43A-3. Renumbered as § 1-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ..................... 56 
§43A-3-101. Facilities maintained for residents. ......................................................................................... 56 
§43A-3-101.1. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003. ............................................ 57 
§43A-3-101.2. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ...................................................... 57 
§43A-3-101.3. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ...................................................... 57 
§43A-3-101.4. Repealed by Laws 2002, c. 112, § 7, eff. Dec. 31, 2002. ....................................................... 57 
§43A-3-101.5. Repealed by Laws 2002, c. 112, § 6, eff. Dec. 31, 2002. ....................................................... 57 
§43A-3-101.6. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003. ............................................ 57 
§43A-3-102. Carl Albert Community Mental Health and Substance Abuse Services Center - Jim 
Taliaferro Community Mental Health and Substance Abuse Services Center. .......................................... 57 
§43A-3-103. Central Oklahoma Community Mental Health and Substance Abuse Services Center - 
Transfer of property, etc. – Petty cash fund. ............................................................................................. 58 
§43A-3-104. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005. ............................................. 59 
§43A-3-105. Children's Recovery Center of Oklahoma - Units - Petty cash fund. ....................................... 59 
§43A-3-106. Repealed by Laws 2021, c. 233, § 3, eff. Nov. 1, 2021. ........................................................... 59 
§43A-3-107. Transitions Recovery Center - Petty cash fund - Transfer of property, records, etc. .............. 59 
§43A-3-107a. Northwest Center for Behavioral Health - Services provided - Component entities - 
Transfer of property and records. .............................................................................................................. 60 
§43A-3-107b. Tulsa Center for Behavioral Health. ...................................................................................... 61 
§43A-3-108. Alcohol and drug treatment and rehabilitation of adolescents. ............................................. 61 
 
Oklahoma Statutes - Title 43A. Mental Health Page 3 
§43A-3-109. Canteens - Use of profits. ........................................................................................................ 61 
§43A-3-110. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003. ............................................... 61 
§43A-3-111. Northwest Center for Behavioral Health - Transfer of land, buildings and equipment to 
Corrections Department - Services - Records. ........................................................................................... 62 
§43A-3-112. Membership in organizations or networks to provide behavioral health services. ................ 63 
§43A-3-113. Repealed by Laws 2001, c. 277, § 2, eff. July 1, 2001. ............................................................. 63 
§43A-3-113.1. Repealed by Laws 2004, c. 92, § 2, eff. July 1, 2004. ............................................................ 63 
§43A-3-201. Statewide system of precare and aftercare services. ............................................................. 63 
§43A-3-250. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003. ............................................... 64 
§43A-3-301. Short title. ................................................................................................................................ 64 
§43A-3-302. Definitions. .............................................................................................................................. 64 
§43A-3-303. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 66 
§43A-3-304. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 66 
§43A-3-305. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 66 
§43A-3-306. Board of Mental Health and Substance Abuse Services - Responsibilities and authority. ...... 66 
§43A-3-306.1. Certification as community mental health center. .............................................................. 66 
§43A-3-307. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 67 
§43A-3-308. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 67 
§43A-3-309. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 67 
§43A-3-310. Contracting nonprofit private agencies to submit budget, salary and employee benefits 
information to Department. ...................................................................................................................... 67 
§43A-3-311. Authorization and expenditures of funds. .............................................................................. 68 
§43A-3-312. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ........................................................... 68 
§43A-3-313. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. ........................................................... 68 
§43A-3-313a. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. ......................................................... 68 
§43A-3-314. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. ........................................................... 68 
§43A-3-314.1. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ........................................................ 68 
§43A-3-314.2. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. ........................................................ 68 
§43A-3-315. Certification as community residential mental health programs. ........................................... 68 
§43A-3-315.1. Supportive assistance services for residents of facilities. .................................................... 69 
§43A-3-315.2. Repealed by Laws 2002, c. 112, § 15, eff. Dec. 31, 2002 and Laws 2002, c. 488, § 50, 
eff. Nov. 1, 2002. ........................................................................................................................................ 69 
§43A-3-315.2a. Substance abuse facilities - Violations of Alcohol and Drug Act - Injunction - Findings. .... 69 
§43A-3-316. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. ......................................................... 70 
§43A-3-317. Community-based structured crisis centers. ........................................................................... 70 
§43A-3-318. Certification of behavioral health case managers - Use of title. ............................................. 71 
§43A-3-319. Certification as program of assertive community treatment. ................................................. 72 
§43A-3-320. Certified Eating Disorder Treatment Programs. ...................................................................... 72 
§43A-3-321. Eating disorder treatment program - Injunction. .................................................................... 73 
§43A-3-322. Certified Gambling Addiction Treatment Programs. ............................................................... 74 
§43A-3-322a. Problem Gambling Treatment Counselors - Certification. .................................................... 75 
§43A-3-323. Gambling addiction treatment program - Injunction. ............................................................. 76 
§43A-3-323A. Mental Illness Service Program - Certification. ..................................................................... 76 
§43A-3-324. Certification and renewal fees. ............................................................................................... 77 
§43A-3-325. Contracts with public and private entities to provide services. .............................................. 77 
§43A-3-326. Peer recovery support specialists. ........................................................................................... 78 
§43A-3-327. Effective period for Department of Mental Health and Substance Abuse Services 
certifications. ............................................................................................................................................. 79 
§43A-3-328. Crisis intervention support for law enforcement, firefighter, emergency medical and 
corrections communities. .......................................................................................................................... 79 
§43A-3-335. Behavioral health certification or license applicants and renewals — Required 
information. ............................................................................................................................................... 80 
§43A-3-401. Citation. ................................................................................................................................... 81 
 
Oklahoma Statutes - Title 43A. Mental Health Page 4 
§43A-3-402. Public policy - Purpose. ........................................................................................................... 81 
§43A-3-403. Definitions. .............................................................................................................................. 82 
§43A-3-404. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 84 
§43A-3-405. Expenditure of funds. .............................................................................................................. 84 
§43A-3-406. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. ......................................................... 84 
§43A-3-406.1. Purchase of alcohol and drug therapy. ................................................................................ 84 
§43A-3-407. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 85 
§43A-3-408. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 86 
§43A-3-409. Repealed by Laws 1986, c. 277, § 32, eff. Nov. 15, 1986. ....................................................... 86 
§43A-3-410. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 86 
§43A-3-411. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 86 
§43A-3-412. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 86 
§43A-3-413. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. ......................................................... 86 
§43A-3-414. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. ......................................................... 86 
§43A-3-415. Certified Services for the Alcohol and Drug Dependent – Exemptions – Fees to defray 
costs – Financial information of applicants. ............................................................................................... 86 
§43A-3-416. Standards - Treatment services and rules of operation - Guidelines. ..................................... 88 
§43A-3-417. Health and safety standards. ................................................................................................... 89 
§43A-3-417.1. Transitional living centers and halfway houses – Nondiscriminatory zoning laws. ............. 90 
§43A-3-418. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 90 
§43A-3-419. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 90 
§43A-3-420. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 90 
§43A-3-421. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. ......................................................... 90 
§43A-3-422. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. ......................................................... 90 
§43A-3-423. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ......................................................... 90 
§43A-3-424. Visitation privileges - Mail or other communication - Telephones. ........................................ 90 
§43A-3-425. Alcohol- and drug-dependent person with associated medical problems - Treatment. ........ 91 
§43A-3-425.1. HIV education, testing and counseling services. .................................................................. 91 
§43A-3-426. Fees and costs - Payment. ....................................................................................................... 91 
§43A-3-427. Alcohol- or drug-dependent person deemed mentally ill. ...................................................... 92 
§43A-3-428. Intoxicated person in public place - Assistance - Protective custody - Detention. ................. 92 
§43A-3-429. Emergency service patrols. ..................................................................................................... 94 
§43A-3-451. Definitions. .............................................................................................................................. 95 
§43A-3-452. Sentence and punishment - Conditional participation in alcohol and drug substance 
abuse course or program. .......................................................................................................................... 95 
§43A-3-453. Authorized course providers - Fees - Course requirements. ................................................... 96 
§43A-3-453.1. Operating facility without certification - Injunction. ............................................................ 98 
§43A-3-453.2. Course facilitator certification - Requirements - Time limit. ................................................ 98 
§43A-3-460. Driver license revocation - Certification of alcohol and drug assessment personnel - 
Application and assessment fees. .............................................................................................................. 99 
§43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction. ................... 100 
§43A-3-461. Alcohol and drug substance abuse course assessment - Definitions - Certification - Rules 
and standards. .......................................................................................................................................... 101 
§43A-3-501. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ......................................................... 102 
§43A-3-502. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ......................................................... 102 
§43A-3-503. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ....................................................... 102 
§43A-3-601. Opioid substitution treatment programs – Definitions – Rules and standards - 
Violations. ................................................................................................................................................ 102 
§43A-3-602. Course of treatment in opioid substitution treatment program – Maximum daily dose. .... 104 
§43A-3-603. Repealed by Laws 2019, c. 398, § 1, eff. Nov. 1, 2019. ......................................................... 105 
§43A-3-701. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 2002. .............................................. 105 
§43A-3-701a. Renumbered as Section 627 of Title 57 of the Oklahoma Statutes by Laws 2007, c. 337, 
§ 2, emerg. eff. June 4, 2007. ................................................................................................................... 105 
 
Oklahoma Statutes - Title 43A. Mental Health Page 5 
§43A-3-702. Prisoners in need of mental health treatment – Determination of ability to consent - 
Transfer to facility – Discharge – Costs - Expiration of sentence - Commitment. .................................... 105 
§43A-3-703. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 8, 2003. ............................................. 105 
§43A-3-704. Mental health and substance abuse evaluation - Convicted felons. ..................................... 106 
§43A-4. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.............................................................. 106 
§43A-4-101. Humane care and treatment - Food - Discipline - Medical care. ........................................... 106 
§43A-4-102. Individualized treatment plans - Requirements. .................................................................... 106 
§43A-4-103. Repealed by Laws 1989, c. 319, § 6, operative Nov. 1, 1989. ............................................... 107 
§43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment. ...................... 107 
§43A-4-104. Surgical operations - Notice - Emergency. ............................................................................ 107 
§43A-4-105. Service of court citation, order or process - Return - Effect. ................................................. 108 
§43A-4-106. Mechanical restraints - Record. ............................................................................................ 108 
§43A-4-107. Repealed by Laws 2004, c. 113, § 18, eff. Nov. 1, 2004. ....................................................... 109 
§43A-4-107a. Visitation privileges - Mail or other communication - Telephones. .................................... 109 
§43A-4-108. Labor by consumers - Work therapy - Compensation. .......................................................... 109 
§43A-4-109. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005. ........................................... 110 
§43A-4-201. Liability of consumer and estate for cost of care and treatment. ......................................... 110 
§43A-4-202. Amount payable for care and treatment - Inability to pay. .................................................. 111 
§43A-4-203. Reduction or waiver of liability - Report as to ability - Information from Tax 
Commission. ............................................................................................................................................. 111 
§43A-4-204. Time of payment - Statement of sum due. ........................................................................... 112 
§43A-4-205. Payment by guardian - Collection by legal proceeding. ........................................................ 112 
§43A-4-206. Proof of indebtedness - Disposition of money collected. ..................................................... 113 
§43A-5. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.............................................................. 113 
§43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution. ......... 113 
§43A-5-102. Official forms required - Order as sufficient authority and protection. ................................ 114 
§43A-5-103. Unlawful or malicious confinement in institution. ................................................................ 114 
§43A-5-104. False attestation - Penalty. .................................................................................................... 115 
§43A-5-201. Rights of detained persons upon entry into facility. ............................................................. 115 
§43A-5-202. Confinement of persons alleged or adjudged mentally ill, alcohol-dependent or drug-
dependent. ............................................................................................................................................... 115 
§43A-5-203. Conveying females to facility - Female assistants - County expense. ................................... 116 
§43A-5-204. Appropriate treatment and medication - Nonconsenting individuals - Immunity - 
Seclusion or restraint - Hearings while under influence of psychotropic medication - Inmates 
committed to special care unit. ............................................................................................................... 116 
§43A-5-205. Repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988. ....................................................... 118 
§43A-5-206. Definitions. ............................................................................................................................ 118 
§43A-5-207. Local Law Enforcement Mental Health Manpower Act. ....................................................... 119 
§43A-5-207v1. Local Law Enforcement Mental Health Manpower Act. .................................................... 121 
§43A-5-207v2. Local Law Enforcement Mental Health Manpower Act. .................................................... 123 
§43A-5-208. Initial assessments - Emergency detention - Release. .......................................................... 125 
§43A-5-209. Additional period of detention - Petition - Order - Notification of interested parties of 
detention.................................................................................................................................................. 127 
§43A-5-210. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. ....................................................... 128 
§43A-5-211. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. ....................................................... 128 
§43A-5-212. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. ....................................................... 128 
§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force. ................................ 128 
§43A-5-301. Citation. ................................................................................................................................. 130 
§43A-5-301.1. Person defined. .................................................................................................................. 130 
§43A-5-302. Informal consumers - Admission. .......................................................................................... 130 
§43A-5-303. Refusal to admit informal consumer - Liability. .................................................................... 131 
§43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond. ....................... 131 
§43A-5-305. Application for voluntary admission. .................................................................................... 132 
 
Oklahoma Statutes - Title 43A. Mental Health Page 6 
§43A-5-306. Certificate of physician. ......................................................................................................... 132 
§43A-5-307. Questioning of applicant by judge of the district court - Order. ........................................... 133 
§43A-5-308. Order authorizing admission. ................................................................................................ 133 
§43A-5-309. Detention against will prohibited - Notice of desire to be discharged. ................................ 134 
§43A-5-310. Mental Health Law provisions applicable.............................................................................. 134 
§43A-5-311. Procedure as cumulative. ...................................................................................................... 134 
§43A-5-401. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. ....................................................... 135 
§43A-5-402. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. ....................................................... 141 
§43A-5-403. Renumbered as § 5-417 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. .............. 141 
§43A-5-404. Renumbered as § 5-418 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. .............. 141 
§43A-5-405. Renumbered as § 5-416 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. .............. 141 
§43A-5-406. Renumbered as § 5-419 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. .............. 141 
§43A-5-407. Renumbered as § 5-420 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. .............. 142 
§43A-5-410. Petition regarding person requiring treatment. .................................................................... 142 
§43A-5-411. Rights of individual alleged to require treatment. ................................................................ 143 
§43A-5-412. Notice. ................................................................................................................................... 145 
§43A-5-413. Prehearing detention. ........................................................................................................... 147 
§43A-5-414. Evaluations. ........................................................................................................................... 148 
§43A-5-415. Hearing – Order - Records. .................................................................................................... 149 
§43A-5-416. Alternatives to hospitalization. ............................................................................................. 151 
§43A-5-417. Precommitment examination - Matters included. ................................................................ 156 
§43A-5-418. Precommitment screening examination - Copy of order to be provided examinee - 
Explanation of examination. .................................................................................................................... 156 
§43A-5-419. Modification order - Notice - Contents of notice. ................................................................. 157 
§43A-5-420. Review of status of persons involuntarily committed for treatment. ................................... 158 
§43A-5-421. Emergency service patrols. ................................................................................................... 158 
§43A-5-501. Short title - Legislative intent. ............................................................................................... 159 
§43A-5-502. Definitions. ............................................................................................................................ 160 
§43A-5-503. Voluntary and involuntary admission for treatment............................................................. 164 
§43A-5-504. Jurisdiction – Venue - Powers of court. ................................................................................. 167 
§43A-5-505. Repealed by Laws 2005, c. 110, § 9, eff. Nov. 1, 2005. ......................................................... 168 
§43A-5-505.1. Protective custody – Statements – Initial assessment. ...................................................... 168 
§43A-5-506. Initial assessment - Emergency admission or detention –Evaluation - Hearing.................... 170 
§43A-5-507. Admission of alleged deprived child or ward of court – Initial assessment – Mental 
health evaluation – Petition – Parent having physical custody. .............................................................. 172 
§43A-5-508. Mental health evaluation – Contents and signature - Records. ............................................ 173 
§43A-5-509. Filing of petition - Contents - Proposed individual treatment plan. ...................................... 173 
§43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report. ..................... 175 
§43A-5-511. Hearings - Right to trial by jury. ............................................................................................. 176 
§43A-5-512. Commitment to treatment facility – Evidence required – Least restrictive alternative - 
Review of commitment. ........................................................................................................................... 177 
§43A-5-513. Individualized treatment plan - Discharge plan. ................................................................... 178 
§43A-5-521. Pilot projects for community-based system of care.............................................................. 180 
§43A-6-101. Nonresident consumers - Transfer to state of residence. ..................................................... 180 
§43A-6-102. Transfer to federal agency for care and treatment. .............................................................. 181 
§43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution. ....... 182 
§43A-6-104. Bringing poor or indigent person into state. ......................................................................... 182 
§43A-6-201. Enactment of compact - Text. ............................................................................................... 182 
§43A-6-202. Compact administrator - Powers. ......................................................................................... 188 
§43A-6-203. Supplemental agreements. ................................................................................................... 188 
§43A-6-204. Discharge of financial obligations. ......................................................................................... 188 
§43A-6-205. Proposed transferees. ........................................................................................................... 189 
 
Oklahoma Statutes - Title 43A. Mental Health Page 7 
§43A-7-101. Discharge or permission to leave facility - Outpatient status - Notification of discharge - 
Expense of returning to facility - Procedure. ........................................................................................... 189 
§43A-7-102. Discharge planning and assistance. ....................................................................................... 192 
§43A-7-103. Clothing and expenses upon release. .................................................................................... 194 
§43A-7-104. Placement of homeless consumers. ...................................................................................... 194 
§43A-7-105. Delivery of personal funds at time of discharge. ................................................................... 194 
§43A-7-106. Return of property upon death or discharge. ....................................................................... 195 
§43A-7-107. Escape or leave without permission - Notice - Discharge or convalescent leave - 
Apprehension. .......................................................................................................................................... 195 
§43A-7-108. Removal or enticement, assistance or encouragement to escape. ...................................... 196 
§43A-7-109. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ....................................................... 196 
§43A-7-110. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ....................................................... 196 
§43A-7-111. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. ....................................................... 196 
§43A-7-112. Judicial proceeding for declaration of restoration to soundness of mind - Procedure. ........ 196 
§43A-7-113. Guardianship of person and estate without hospitalization - Ajudication - Bond of 
guardian. .................................................................................................................................................. 197 
§43A-8-101. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-102. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005. ........................................... 198 
§43A-8-103. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-104. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-105. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-106. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-107. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-108. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. ......................................................... 198 
§43A-8-201. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. ......................................................... 198 
§43A-8-202. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. ......................................................... 198 
§43A-8-203. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. ......................................................... 198 
§43A-8-204. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. ......................................................... 198 
§43A-9-101. Voluntary treatment - Application - Admission - Discharge. ................................................. 199 
§43A-9-102. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ......................................................... 199 
§43A-9-103. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ......................................................... 199 
§43A-9-104. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. ......................................................... 199 
§43A-10-101. Short title. ............................................................................................................................ 199 
§43A-10-102. Purpose. .............................................................................................................................. 200 
§43A-10-103. Definitions. .......................................................................................................................... 200 
§43A-10-104. See the following versions: ................................................................................................. 205 
§43A-10-104v1. Persons required to report abuse – Contents of report – Penalty – Immunity – False 
reports – Reporting of suspicious deaths – Impairment of employment prohibited. ............................. 205 
§43A-10-104v2. Persons required to report abuse, neglect, or exploitation - Penalty - Immunity - 
Civil liability for false reports - Disclosure of health information - Reporting of suspicious deaths - 
Impairment of employment prohibited. .................................................................................................. 207 
§43A-10-105. Investigation of report. ....................................................................................................... 210 
§43A-10-105.1. Notice of investigation – Consent of vulnerable adult - Summary and written 
description – Explanation of procedures. ................................................................................................ 214 
§43A-10-106. Voluntary protective services. ............................................................................................. 216 
§43A-10-107. Involuntary protective services. .......................................................................................... 217 
§43A-10-108. Petition for involuntary protective services. ....................................................................... 218 
§43A-10-109. Utilization of available services. .......................................................................................... 226 
§43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults. ... 226 
§43A-10-110. Confidentiality of records and reports. ............................................................................... 227 
§43A-10-110.1. Public disclosure. .............................................................................................................. 229 
§43A-10-111. District court orders - Visitation. ......................................................................................... 230 
§43A-10-111.1. Vulnerable Adult Abuse, Neglect, and Exploitation Registry. .......................................... 231 
 
Oklahoma Statutes - Title 43A. Mental Health Page 8 
§43A-10-112. Vulnerable Adult Intervention Task Force - Members - Terms - Duties. ............................. 231 
§43A-10-113. Sexual contact form for caretakers. .................................................................................... 233 
§43A-10-114. Training for Adult Protective Services specialists – Individuals with cognitive 
impairment. ............................................................................................................................................. 233 
§43A-10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and 
prosecute crimes. ..................................................................................................................................... 233 
§43A-11. Renumbered as § 2-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 236 
§43A-11.1. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986......................................................... 236 
§43A-11-101. Short title. ............................................................................................................................ 236 
§43A-11-102. Legislative findings. ............................................................................................................. 236 
§43A-11-103. Definitions. .......................................................................................................................... 236 
§43A-11-104. Execution - Rights not affected - Presumptions. ................................................................. 237 
§43A-11-105. Validity - Witnesses - Eligibility as attorney-in-fact. ............................................................ 238 
§43A-11-106. Form of advance directive - Designation and authority of attorney-in-fact. ...................... 239 
§43A-11-107. When advance directive becomes operative - Contrary or conflicting instructions given 
by attorney-in-fact. .................................................................................................................................. 241 
§43A-11-108. Delivery of advance directive to attending physician or psychologist - Duty of 
attending physician or other mental health treatment provider. ........................................................... 242 
§43A-11-109. Revocation - Actual notice. ................................................................................................. 243 
§43A-11-110. Informed consent - Examination and certification of incapacity – Conflicting 
instructions – Transfer when unable to comply with directive. .............................................................. 244 
§43A-11-111. Petition for appointment of guardian. ................................................................................ 246 
§43A-11-112. Immunity from civil or criminal liability. ............................................................................. 246 
§43A-11-113. Violations - Penalties. .......................................................................................................... 247 
§43A-12. Renumbered as § 2-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 247 
§43A-12-101. Short title. ............................................................................................................................ 247 
§43A-12-102. Purpose. .............................................................................................................................. 247 
§43A-12-103. Definitions. .......................................................................................................................... 248 
§43A-12-104. Repealed by Laws 2025, c. 317, § 3, eff. July 1, 2025. ......................................................... 248 
§43A-12-105. Authority of Department - Evaluation report. .................................................................... 248 
§43A-13. Renumbered as § 2-201 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 248 
§43A-13-101. Mental health first aid pilot program. ................................................................................. 248 
§43A-14. Renumbered as § 2-202 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 249 
§43A-14.1. Renumbered as § 2-203 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 249 
§43A-14-101. Short title — Oklahoma Elder Exploitation and Abuse Act. ................................................ 249 
§43A-14-102. Purpose — Legislative intent. .............................................................................................. 249 
§43A-14-103. Definitions. .......................................................................................................................... 250 
§43A-14-104. Venue — Damages — Attorney fees — Access to records. ................................................ 253 
§43A-14-105. Restraining order or other injunctive relief. ........................................................................ 254 
§43A-14-106. Applicability of physician-patient and spousal privileges. ................................................... 254 
§43A-15. Renumbered as § 2-204 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-16. Renumbered as § 2-301 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-16.1. Renumbered as § 2-302 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 255 
§43A-17. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. .......................................................... 255 
§43A-18. Repealed by Laws 1985, c. 89, § 2, emerg. eff. May 23, 1985. ................................................... 255 
§43A-18.1. Renumbered as § 2-208 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 255 
§43A-19. Renumbered as § 2-209 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-20. Renumbered as § 2-210 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-21. Renumbered as § 2-211 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-22. Renumbered as § 2-212 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-23. Renumbered as § 2-213 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-24. Renumbered as § 2-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-25. Renumbered as § 2-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
 
Oklahoma Statutes - Title 43A. Mental Health Page 9 
§43A-26. Renumbered as § 2-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-27. Renumbered as § 2-205 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-28. Renumbered as § 2-206 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 255 
§43A-31. Renumbered as § 3-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-31.1. Renumbered as § 3-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.2. Renumbered as § 3-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.3. Renumbered as § 3-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.4. Renumbered as § 3-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.5. Repealed by Laws 1985, c. 219, § 3, operative July 1, 1985. ................................................... 256 
§43A-31.6. Renumbered as § 3-110 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.7. Renumbered as § 3-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-31.8. Renumbered as § 3-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 256 
§43A-32. Renumbered as § 2-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-33. Renumbered as § 2-306 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-34. Renumbered as § 2-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-35. Renumbered as § 2-303 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-36. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. .......................................................... 256 
§43A-50. Renumbered as § 1-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-51. Renumbered as § 5-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 256 
§43A-52. Repealed by Laws 1955, p. 252, § 4. ........................................................................................... 257 
§43A-52.1. Renumbered as § 5-205 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-53. Renumbered as § 5-304 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 257 
§43A-54. Renumbered as § 55.2 of this title by Laws 1977, c. 145, § 12, emerg. eff. June 3, 1977. ......... 257 
§43A-54.1. Repealed by Laws 1980, c. 324, § 13, emerg. eff. June 17, 1980. ........................................... 257 
§43A-54.2. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986......................................................... 257 
§43A-54.4. Renumbered as § 5-401 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.5. Renumbered as § 5-402 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.6. Renumbered as § 5-403 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.7. Renumbered as § 5-404 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.8. Renumbered as § 5-204 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.9. Renumbered as § 5-405 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 257 
§43A-54.10. Renumbered as § 5-406 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 257 
§43A-54.11. Renumbered as § 5-407 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 257 
§43A-54.12. Renumbered as § 7-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 257 
§43A-54.13. Renumbered as § 1-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 257 
§43A-55. Renumbered as § 54.1 of this title by Laws 1977, c. 145, § 12, emerg. eff. June 3, 1977. ......... 258 
§43A-55.1. Renumbered as § 1-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 258 
§43A-55.2. Repealed by Laws 1980, c. 324, § 13, emerg. eff. June 17, 1980. ........................................... 258 
§43A-56. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. .......................................................... 258 
§43A-57. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. .......................................................... 258 
§43A-57.1. Renumbered as § 5-201 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 258 
§43A-58. Repealed by Laws 1984, c. 256, § 10, eff. Nov. 1, 1984. ............................................................ 258 
§43A-58.1. Renumbered as § 5-202 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 258 
§43A-59. Renumbered as § 6-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-60. Repealed by Laws 1963, c. 184, § 5. ........................................................................................... 258 
§43A-61. Renumbered as § 3-702 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-62. Renumbered as § 4-109 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-63. Renumbered as § 5-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-64. Renumbered as § 1-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-65. Renumbered as § 7-113 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-71. Renumbered as § 6-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-72. Renumbered as § 6-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 258 
§43A-73. Renumbered as § 7-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
 
Oklahoma Statutes - Title 43A. Mental Health Page 10 
§43A-73.1. Renumbered as § 7-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. .............. 259 
§43A-74. Repealed by Laws 1959, p. 190, § 7. ........................................................................................... 259 
§43A-75. Renumbered as § 7-112 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-76. Repealed by Laws 1959, p. 190, § 7. ........................................................................................... 259 
§43A-77. Repealed by Laws 1959, p. 190, § 7. ........................................................................................... 259 
§43A-78. Renumbered as § 7-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-80. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. .................................................. 259 
§43A-81. Renumbered as § 3-703 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-82. Renumbered as § 7-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-91. Renumbered as § 4-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-92. Renumbered as § 4-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-93. Renumbered as § 4-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-94. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. .......................................................... 259 
§43A-95. Renumbered as § 4-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-96. Renumbered as § 4-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-97. Renumbered as § 4-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 259 
§43A-98. Renumbered as § 2-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 260 
§43A-99. Renumbered as § 1-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ................. 260 
§43A-100. Renumbered as § 5-203 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-101. Renumbered as § 3-109 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-102. Renumbered as § 2-307 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-111. Renumbered as § 4-201 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-112. Renumbered as § 4-202 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-113. Renumbered as § 4-203 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-114. Renumbered as § 4-204 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-115. Renumbered as § 4-205 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-116. Renumbered as § 2-207 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-117. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. ................................................ 260 
§43A-118. Renumbered as § 4-206 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-131. Renumbered as § 5-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-132. Renumbered as § 6-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-133. Renumbered as § 7-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 260 
§43A-134. Renumbered as § 2-219 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-135. Renumbered as § 2-220 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-136. Renumbered as § 2-217 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-137. Renumbered as § 2-218 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-139. Renumbered as § 5-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-151. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 261 
§43A-152. Renumbered as § 3-201 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-160. Renumbered as § 2-214 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-171. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 261 
§43A-172. Renumbered as § 2-308 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-173. Renumbered as § 7-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-174. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 261 
§43A-175. Renumbered as § 7-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-181. Renumbered as § 8-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-182. Renumbered as § 8-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-183. Renumbered as § 8-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 261 
§43A-184. Renumbered as § 8-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 262 
§43A-185. Renumbered as § 8-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 262 
§43A-186. Renumbered as § 8-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 262 
§43A-187. Renumbered as § 8-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 262 
§43A-188. Renumbered as § 8-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 262 
 
Oklahoma Statutes - Title 43A. Mental Health Page 11 
§43A-191. Repealed by Laws 1980, c. 174, § 2, eff. Oct. 1, 1980. ............................................................. 262 
§43A-191.1. Renumbered as § 4-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 262 
§43A-341. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-342. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-343. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-344. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-345. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-346. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 1983. ................................................ 262 
§43A-371. Repealed by Laws 1955, p. 458, § 6, eff. May 6, 1955. ............................................................ 262 
§43A-381. Repealed by Laws 1967, c. 138, § 3. ......................................................................................... 262 
§43A-382. Repealed by Laws 1967, c. 138, § 3. ......................................................................................... 262 
§43A-383. Repealed by Laws 1967, c. 138, § 3. ......................................................................................... 262 
§43A-384. Repealed by Laws 1967, c. 138, § 3. ......................................................................................... 262 
§43A-391. Renumbered as § 7-109 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-392. Renumbered as § 7-110 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-393. Renumbered as § 7-111 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-394. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. ................................................ 263 
§43A-395. Renumbered as § 2-304 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-401. Repealed by Laws 1983, c. 304, § 182, eff. July 1, 1983. .......................................................... 263 
§43A-411. Renumbered as § 1415.1 of Title 10 by Laws 1983, c. 128, § 7, operative July 1, 1983. .......... 263 
§43A-415. Renumbered as § 1425 of Title 10 by Laws 1986, c. 103, § 105, eff. Nov. 1, 1986. ................. 263 
§43A-421. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 263 
§43A-422. Renumbered as § 2-215 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-423. Renumbered as § 2-216 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-424. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. ................................................ 263 
§43A-431. Renumbered as § 3-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-441. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 263 
§43A-446. Renumbered as § 2-305 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 263 
§43A-451. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 263 
§43A-452. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 263 
§43A-501. Renumbered as § 6-201 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-502. Renumbered as § 6-202 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-503. Renumbered as § 6-203 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-504. Renumbered as § 6-204 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-505. Renumbered as § 6-205 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-506. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. ................................................ 264 
§43A-551. Renumbered as § 5-301 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-552. Renumbered as § 5-305 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-553. Renumbered as § 5-306 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-554. Renumbered as § 5-307 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-555. Renumbered as § 5-308 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-556. Renumbered as § 5-309 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-557. Renumbered as § 5-310 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-558. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 264 
§43A-559. Renumbered as § 5-311 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-560. Renumbered as § 5-302 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 264 
§43A-561. Renumbered as § 5-303 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-601. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-602. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-603. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-604. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-605. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-606. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
 
Oklahoma Statutes - Title 43A. Mental Health Page 12 
§43A-607. Renumbered as § 619 of this title by Laws 1980, c. 291, § 13. ................................................. 265 
§43A-608. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-609. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. ........................................................... 265 
§43A-613. Renumbered as § 3-301 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-614. Renumbered as § 3-302 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-615. Renumbered as § 3-303 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-616. Renumbered as § 3-304 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-617. Renumbered as § 3-305 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-618. Renumbered as § 3-306 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-619. Renumbered as § 3-307 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-620. Renumbered as § 3-308 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 265 
§43A-620.1. Renumbered as § 3-313 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 266 
§43A-620.2. Renumbered as § 3-312 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 266 
§43A-621. Renumbered as § 3-309 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 266 
§43A-621.1. Renumbered as § 3-310 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 266 
§43A-621.2. Renumbered as § 3-311 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............ 266 
§43A-622. Renumbered as § 4-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 266 
§43A-651. Purpose. .................................................................................................................................... 266 
§43A-652. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. ............................................................ 266 
§43A-653. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. ............................................................ 266 
§43A-654. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 266 
§43A-655. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. ............................................................ 266 
§43A-656. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 266 
§43A-657. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 266 
§43A-658. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 266 
§43A-659. Renumbered as § 3-601 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 266 
§43A-660. Renumbered as § 3-602 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 266 
§43A-661. Renumbered as § 3-603 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 266 
§43A-662. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-671. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-672. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-673. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-674. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-675. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-676. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-677. Renumbered as § 9-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 267 
§43A-678. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-679. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-680. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-681. Renumbered as § 9-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 267 
§43A-682. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986.......................................................... 267 
§43A-701. Renumbered as § 3-701 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 267 
§43A-702. Drop-in centers for Oklahoma veterans. .................................................................................. 267 
§43A-801. Renumbered as § 10-101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 267 
§43A-802. Renumbered as § 10-102 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-803. Renumbered as § 10-103 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-804. Renumbered as § 10-104 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-805. Renumbered as § 10-105 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-806. Renumbered as § 10-106 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-807. Renumbered as § 10-107 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-808. Renumbered as § 10-108 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-809. Renumbered as § 10-109 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
§43A-810. Renumbered as § 10-110 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............. 268 
 
Oklahoma Statutes - Title 43A. Mental Health Page 13 
§43A-901. Renumbered as § 3-501 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 268 
§43A-902. Renumbered as § 3-502 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 268 
§43A-903. Renumbered as § 3-503 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. ............... 268 

§43A-1. Renumbered as § 1-101 of this title by Laws 1986, c. 103, § 
103, eff. Nov. 1, 1986. 
 
§43A-1-101. Short title. 
This act shall be known as the Mental Health Law. 
Added by Laws 1953, p. 152, § 1, emerg. eff. June 3, 1953. 
Renumbered from § 1 of this title 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 the Mental Health Law; 
5. “Commissioner” means the Commissioner of Mental Health and 
Substance Abuse Services; 
6. “Indigent person” means a person who does not have 
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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 14 
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, drug or alcohol dependency, 
gambling addiction, or an eating disorder including, but not limited 
to, public or private hospitals, community mental health centers, 
clinics, satellites, and community-based structured crisis centers; 
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 psychiatrist who is a diplomate of the American 
Osteopathic Board of Neurology and Psychiatry, 
c. a physician licensed pursuant to the Oklahoma 
Allopathic Medical and Surgical Licensure and 
Supervision Act or the Oklahoma Osteopathic Medicine 
Act, 
d. a clinical psychologist who is duly licensed to 
practice by the State Board of Examiners of 
Psychologists, 
e. a professional counselor licensed pursuant to the 
Licensed Professional Counselors Act, 
f. a person licensed as a clinical social worker pursuant 
to the provisions of the Social Worker’s Licensing 
Act, 
g. a licensed marital and family therapist as defined in 
the Marital and Family Therapist Licensure Act, 
h. a licensed behavioral practitioner as defined in the 
Licensed Behavioral Practitioner Act, 
i. an advanced practice nurse as defined in the Oklahoma 
Nursing Practice Act, 
j. a physician’s assistant who is licensed in good 
standing in this state, or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 15 
k. a licensed alcohol and drug 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. “Person requiring treatment” means a person who 
because of his or her mental illness or drug or 
alcohol dependency meets at least one of the 
following: 
(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 that is 
continuing, as has been observed within the 
previous seventy-two-hour period 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. 
b. To the extent it is reasonably available, the relevant 
mental health or substance abuse history of the person 
shall be considered and may be proffered as part of 
the evidence to determine whether the person is a 
person requiring treatment or an assisted outpatient. 
The mental health or substance abuse history of the 
person shall not be the sole basis for this 
determination. 
c. In determining whether the person is a person 
requiring treatment, the following shall also be 
considered along with any other relevant information: 
(1) the person’s history of violence or criminal acts 
including unadjudicated criminal acts if evidence 
 
Oklahoma Statutes - Title 43A. Mental Health Page 16 
of the person’s culpability is evident or 
established, 
(2) the person’s history of compliance with mental 
and behavioral health medication and treatment, 
(3) the probability and result of the person’s 
noncompliance with medication and treatment if 
not committed, 
(4) the consumer’s history of using weapons in an 
illegal or unsafe manner, and 
(5) any previous instances of harm, attempted harm, 
or threatened harm to self or others. 
d. Unless a person also meets the criteria established in 
subparagraph a, b, or c of this paragraph, “person 
requiring treatment” or an “assisted outpatient” 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 person who is an individual with intellectual 
disability or developmental disability as defined 
in Section 1408 of 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. 
e. (1) A person who meets the criteria established in 
this paragraph but who is medically unstable may 
be discharged and transported in accordance with 
Section 1-110 of this title. Alternatively, if 
the facility holding the person is able to treat 
the additional medical conditions of that person, 
the facility may treat the additional medical 
conditions in an effort to medically stabilize 
the patient. 
(2) If the facility holding the person is unable to 
treat the additional medical conditions of a 
person who meets the criteria established in this 
paragraph, the patient shall be discharged and 
transported in accordance with Section 1-110 of 
this title. 
(3) All time elapsed during medical stabilization 
tolls the twelve-hour time for an initial 
assessment pursuant to paragraph 1 of subsection 
A of Section 5-208 of this title, and the one-
hundred-twenty-hour emergency detention time 
pursuant to paragraph 3 of subsection A of 
Section 5-208 of this title; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 17 
14. “Petitioner” means a person who files a petition alleging 
that an individual is a person requiring treatment or an assisted 
outpatient; 
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; 
18. “Telemedicine” means technology-enabled health and care 
management and delivery systems that extend capacity and access, 
which includes: 
a. synchronous mechanisms, which may include live 
audiovisual interaction between a patient and a health 
care professional or real-time provider to provider 
consultation through live interactive audiovisual 
means, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 18 
b. asynchronous mechanisms, which include store and 
forward transfers, online exchange of health 
information between a patient and a health care 
professional and online exchange of health information 
between health care professionals, but shall not 
include the use of automated text messages or 
automated mobile applications that serve as the sole 
interaction between a patient and a health care 
professional, 
c. remote patient monitoring, and 
d. other electronic means that support clinical health 
care, professional consultation, patient and 
professional health-related education, public health 
and health administration; 
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; 
20. “Assisted outpatient” means a person who: 
a. is either currently under the care of a facility 
certified by the Department of Mental Health and 
Substance Abuse Services as a community mental health 
center, or is being discharged from the custody of the 
Department of Corrections, or is being discharged from 
a residential placement by the Office of Juvenile 
Affairs, 
b. is suffering from a mental illness, 
c. is unlikely to survive safely in the community without 
supervision, based on a clinical determination, 
d. has a history of lack of compliance with treatment for 
mental illness that has: 
(1) prior to the filing of a petition, at least twice 
within the last thirty-six (36) months been a 
significant factor in necessitating 
hospitalization or treatment in a hospital or 
residential facility including admission to a 
community-based structured crisis center as 
certified by the Department of Mental Health and 
Substance Abuse Services, or receipt of services 
in a forensic or other mental health unit of a 
correctional facility, or a specialized treatment 
plan for treatment of mental illness in a secure 
 
Oklahoma Statutes - Title 43A. Mental Health Page 19 
juvenile facility or placement in a specialized 
residential program for juveniles, or 
(2) prior to the filing of the petition, resulted in 
one or more acts of serious violent behavior 
toward self or others or threats of, or attempts 
at, serious physical harm to self or others 
within the last twenty-four (24) months, 
e. is, as a result of his or her mental illness, unlikely 
to voluntarily participate in outpatient treatment 
that would enable him or her to live safely in the 
community, 
f. in view of his or her treatment history and current 
behavior, is in need of assisted outpatient treatment 
in order to prevent a relapse or deterioration which 
would be likely to result in serious harm to the 
person or persons, and 
g. is likely to benefit from assisted outpatient 
treatment; 
21. “Assisted outpatient treatment” means outpatient services 
which have been ordered by the court pursuant to a treatment plan 
approved by the court to treat an assisted outpatient’s mental 
illness and to assist the person in living and functioning in the 
community, or to attempt to prevent a relapse or deterioration that 
may reasonably be predicted to result in suicide or the need for 
hospitalization; and 
22. “Urgent recovery clinic” means a clinic that offers 
voluntary services aimed at the assessment and immediate 
stabilization of acute symptoms of mental illness, alcohol and other 
drug abuse, and emotional distress. Unless the person receiving 
treatment consents to a longer duration or unless the person is 
placed into emergency detention under Sections 5-206 through 5-209 
of this title, no more than twenty-three (23) hours and fifty-nine 
(59) minutes of services may be provided to a consumer during one 
episode of care at an urgent recovery clinic. 
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, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 20 
c. 16, § 18, emerg. eff. March 29, 2006; Laws 2006, c. 97, § 1, eff. 
Nov. 1, 2006; Laws 2008, c. 401, § 1, eff. Nov. 1, 2008; Laws 2010, 
c. 287, § 1, eff. Nov. 1, 2010; Laws 2011, c. 294, § 1, eff. Nov. 1, 
2011; Laws 2013, c. 37, § 1, eff. Nov. 1, 2013; Laws 2013, c. 213, § 
1, eff. Nov. 1, 2013; Laws 2015, c. 161, § 1, eff. Nov. 1, 2015; 
Laws 2016, c. 177, § 2, eff. Nov. 1, 2016; Laws 2017, c. 246, § 1, 
eff. Nov. 1, 2017; Laws 2019, c. 387, § 1, eff. Nov. 1, 2019; Laws 
2019, c. 475, § 29, eff. Nov. 1, 2019; Laws 2021, c. 293, § 2, eff. 
Nov. 1, 2021; Laws 2022, c. 297, § 1, eff. Nov. 1, 2022; Laws 2024, 
c. 96, § 1, eff. Nov. 1, 2024; Laws 2025, c. 364, § 3, eff. Nov. 1, 
2025. 
NOTE: Laws 2005, c. 150, § 1 repealed by Laws 2006, c. 16, § 19, 
emerg. eff. March 29, 2006. 
 
§43A-1-104. 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. 
 
§43A-1-105. 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, emerg. eff. June 3, 1953. 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 of this title 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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 21 
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 or assisted 
outpatient treatment. 
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; Laws 2016, c. 177, § 3, eff. Nov. 1, 
2016. 
 
§43A-1-107. Venue of actions - Hearings. 
A. Civil actions for involuntary commitment or assisted 
outpatient treatment 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 or assisted 
outpatient treatment 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 or 
assisted outpatient treatment 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. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 22 
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; Laws 2016, 
c. 177, § 4, eff. Nov. 1, 2016. 
 
§43A-1-108. Habeas corpus - Notice - Evidence. 
A. Anyone in custody as a person in need of treatment, assisted 
outpatient 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 or an assisted outpatient 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; Laws 2016, c. 177, § 5, eff. Nov. 1, 2016. 

Oklahoma Statutes - Title 43A. Mental Health Page 23 
§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 licensed mental health professional as defined in 
Section 1-103 of this title, or a licensed alcohol and drug 
counselor as defined in Section 1871 of Title 59 of the Oklahoma 
Statutes, 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, a 
licensed mental health professional as defined in Section 1-103 of 
this title, a licensed alcohol and drug counselor as defined in 
Section 1871 of Title 59 of the Oklahoma Statutes, a mental health 
facility, a drug or alcohol abuse treatment facility or service, or 
other agency for the purpose of mental health or drug or alcohol 
abuse care and treatment, or such person’s treatment advocate as 
defined in Section 1-109.1 of this title, 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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 24 
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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 25 
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, but information disclosed pursuant to one of 
these exceptions must be limited to the minimum amount of 
information necessary: 
1. Disclosure by a health care provider of mental health 
information necessary to carry out another provider's own treatment, 
payment, or health care operations. Such disclosures shall be 
limited to mental health information and shall not include substance 
abuse information; 
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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 26 
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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 27 
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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 28 
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. Such disclosures shall be limited 
to mental health information and shall not include substance abuse 
information; 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; Laws 2006, c. 
97, § 2, eff. Nov. 1, 2006; Laws 2008, c. 401, § 2, eff. Nov. 1, 
2008; Laws 2013, c. 37, § 2, eff. Nov. 1, 2013; Laws 2013, c. 155, § 
1, eff. Nov. 1, 2013. 
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. 
5. A person holding the powers vested in a guardianship of the 
person, a grant of general health care decision-making authority or 
designation of health care proxy contained in an advance directive 
for health care, or a durable power of attorney with health care 
decision-making authority shall be the treatment advocate for the 
patient by operation of law. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 29 
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; Laws 2013, c. 155, § 2, eff. Nov. 1, 
2013. 
 
§43A-1-110. Law enforcement responsibility for transporting persons 
for mental health services – Use of telemedicine - Reimbursement of 
expenses. 
A. As an alternative to transport under subsection B of this 
section for the sole purpose of initial assessment of a person who 
the officer reasonably believes is a person requiring treatment, as 
defined in Section 1-103 of this title, sheriffs and peace officers 
may request an assessment at the point of initial contact by the 
Department of Mental Health and Substance Abuse Services. To 
conduct the assessment, the Department may utilize: 
1. Telemedicine, when such capability is available through a 
mobile computing device in the possession of the local law 
enforcement agency, to have the person assessed by a licensed mental 
health professional employed by or under contract with a facility 
operated by, certified by, or contracted with the Department; or 
2. An in-person assessment by a licensed mental health 
professional on a mobile crisis response team or who is employed by 
or under contract with a facility operated by, certified by, or 
contracted with the Department. 
B. 1. To serve the mental health needs of persons of their 
jurisdiction, peace officers shall be responsible for transporting 
individuals in need of: 
a. initial assessment, except when the individual has 
been assessed at the point of initial contact by the 
Department under subsection A of this section, or 
b. emergency detention or protective custody under 
Section 5-207 of this title, unless the officer has 
already transported the individual to the facility for 
initial assessment, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 30 
from the point of initial contact to the nearest facility, as 
defined in Section 1-103 of this title, that is appropriate for 
initial assessment or treatment of the individual within a thirty-
mile radius of the peace officer’s operational headquarters. 
2. Transportation to the nearest appropriate facility shall be 
completed by either the Department of Mental Health and Substance 
Abuse Services or an entity contracted by the Department for 
alternative transportation if: 
a. there is not an appropriate facility within a thirty-
mile radius of the peace officer’s operational 
headquarters, or 
b. the officer has already transported the individual to 
an appropriate facility for initial assessment. 
3. For purposes of this section, “initial contact” is defined 
as contact with an individual in need of assessment, emergency 
detention, or protective custody made by a law enforcement officer. 
Initial contact in this section does not include an individual self-
presenting at a facility as defined in Section 1-103 of this title. 
4. When an individual self-presents at a facility as defined in 
Section 1-103 of this title or at a medical facility and is placed 
into protective custody under Section 5-207 of this title due to a 
determination that the individual is a person requiring treatment as 
defined in Section 1-103 of this title, and if transport to another 
facility is needed for initial assessment or treatment, the person 
shall be transported to the nearest appropriate facility by the 
Department or an entity contracted by the Department for alternative 
transportation. 
5. When an individual self-presents at a facility as defined in 
Section 1-103 of this title or at a medical facility and is not 
placed into protective custody under Section 5-207 of this title, 
but consents to voluntary transport to a facility as defined in 
Section 1-103 of this title for treatment, transport or the 
arrangement of transport shall be the responsibility of the facility 
receiving the individual, unless the individual chooses to arrange 
his or her own transportation. 
6. The transportation requirements provided by this subsection, 
to the extent such requirements are applicable to peace officers, 
shall be considered fulfilled once the person has been transported 
to the facility, the officer has made contact with the appropriate 
staff of the facility, and the staff of the facility have determined 
that the patient does not present a clear or immediate threat to his 
or her own safety or to the safety of the staff of the facility. 
Once custody of the individual has been transferred to the 
appropriate facility staff, the peace officer shall not be required 
to remain at the facility with the individual pending initial 
assessment or treatment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 31 
C. A municipal law enforcement agency shall be responsible for 
transportation as provided in this section for any individual found 
within such municipality’s jurisdiction. The county sheriff shall 
be responsible for transportation as provided in this section for 
any individual found outside of a municipality’s jurisdiction, but 
within the county. 
D. Once an individual has been presented to an appropriate 
facility as provided in subsection B of this section, the Department 
of Mental Health and Substance Abuse Services or an entity 
contracted by the Department shall be responsible for any subsequent 
transportation of such individual. 
E. 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 initial assessment, emergency detention, protective 
custody, and inpatient services. 
F. 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 initial assessment, admission, interfacility transfer, medical 
treatment, or court appearance shall be reimbursed in accordance 
with the provisions of the State Travel Reimbursement Act. 
G. Nothing in this section shall prohibit a law enforcement 
agency or the Department of Mental Health and Substance Abuse 
Services from entering into a lawful agreement with any other law 
enforcement agency to fulfill the requirements established by this 
section or from contracting with a third party to provide the 
services established by this section, provided the third party meets 
minimum standards as determined by the Department. 
H. A law enforcement agency shall not be liable for the actions 
of a peace officer commissioned by the agency when such officer is 
providing services as a third party pursuant to subsection G of this 
section outside his or her primary employment as a peace officer. 
I. 1. For purposes of transportation completed by the 
Department of Mental Health and Substance Abuse Services or an 
entity contracted by the Department as required by this section, the 
use of mechanical restraints shall not be applied to an individual 
being transported unless: 
a. the individual being transported physically assaults 
or attempts to physically assault the person lawfully 
conducting the transportation of the individual 
pursuant to the provisions of this section and the 
person lawfully conducting the transportation believes 
such restraints are necessary for the safety of 
himself or herself or the protection of others, 
b. the individual being transported attempts or causes 
serious physical injury to self and the person 
 
Oklahoma Statutes - Title 43A. Mental Health Page 32 
lawfully conducting the transportation believes such 
restraints are necessary for the safety of the 
individual being transported, or 
c. the individual being transported has a propensity 
toward violence as indicated by past transports, 
criminal charges, or mental health history and as 
identified in the transport request form, and the 
person lawfully conducting the transportation believes 
such restraints are necessary for the safety of 
himself or herself, for the safety of the individual 
being transported, or for the protection of others. 
2. The mechanical restraint shall be continued for no longer 
than is necessary under the circumstances described in paragraph 1 
of this subsection. Every use of a mechanical restraint, the 
reasons, and the length of time, shall be made a part of the 
clinical record of the consumer under the signature of the 
individual responsible for the transportation as required 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; Laws 2015, c. 326, 
§ 1, eff. Nov. 1, 2015; Laws 2016, c. 374, § 1, eff. Nov. 1, 2016; 
Laws 2021, c. 39, § 1, eff. Nov. 1, 2021; Laws 2023, c. 115, § 1, 
emerg. eff. April 28, 2023; Laws 2023, 1st Ex. Sess., c. 28, § 2, 
eff. Nov. 1, 2023; Laws 2024, c. 134, § 1, eff. Nov. 1, 2024. 
NOTE: Laws 2021, c. 38, § 1 repealed by Laws 2022, c. 228, § 10, 
emerg. eff. May 5, 2022. 
 
§43A-1-110.1. Mental Health Transport 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 “Mental Health Transport 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 from appropriations or other monies directed to the fund. 
All monies accruing to the credit of the fund are hereby 
appropriated and may be budgeted and expended by the Department to 
carry out the provisions of Section 1-110 of Title 43A of the 
Oklahoma Statutes. 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 the Office of Management and 
Enterprise Services for approval and payment. 
Added by Laws 2023, 1st Ex. Sess., c. 28, § 1, eff. Nov. 1, 2023. 
 
§43A-2. Renumbered as § 1-102 of this title by Laws 1986, c. 103, § 
103, eff. Nov. 1, 1986. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 33 
 
§43A-2-101. 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. The Commissioner shall be appointed by the Governor 
with the advice and consent of the Senate and shall serve at the 
pleasure of the Governor and may be removed or replaced without 
cause. Compensation for the Commissioner shall be determined by the 
Governor. The Commissioner may be removed from office by a two-
thirds (2/3) vote of the members elected to and constituting each 
chamber of the Legislature. 
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. 1667, 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; Laws 2019, c. 4, § 1, emerg. 
eff. March 13, 2019. 
 
§43A-2-102. 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 alcohol-dependent person. 
Added by Laws 1953, p. 159, § 32, emerg. eff. June 3, 1953. Amended 
by Laws 1983, c. 304, § 14, eff. July 1, 1983; Laws 1986, c. 103, § 
9, eff. Nov. 1, 1986. Renumbered from § 32 of this title 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 - Meetings - Visitation - Expenses. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 34 
A. The Board of Mental Health and Substance Abuse Services 
shall be composed of the following nine (9) members: 
1. Five members appointed by the Governor; 
2. Two members appointed by the Speaker of the House of 
Representatives; and 
3. Two members appointed by the President Pro Tempore of the 
Senate. 
B. 1. Each member shall serve at the pleasure of his or her 
appointing authority and may be removed or replaced without cause. 
2. Any member of the Board shall be prohibited from voting on 
any issue in which the member has a direct financial interest. 
3. The Commissioner of Mental Health and Substance Abuse 
Services shall be an ex officio member of the Board but shall be 
entitled to vote only in case of a tie vote. 
C. The Board shall elect from among its members a chair and a 
vice-chair. The chair may call meetings at any time. 
D. 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. Five 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. 
E. 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. 
F. The duties of the Board shall pertain to the care, 
treatment, and hospitalization of persons with mental illness, or 
alcohol- or drug-dependent persons. 
G. 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. 
H. Members of the Board of Mental Health and Substance Abuse 
Services shall be allowed to serve on the State Board of Medical 
Licensure and Supervision and the State Board of Osteopathic 
Examiners during members' terms on the Board of Mental Health and 
Substance Abuse Services. 
Added by Laws 1953, p. 153, § 12, emerg. eff. June 3, 1953. Amended 
by Laws 1955, p. 249, § 1, emerg. eff. June 6, 1955; 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 of this title 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, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 35 
eff. July 1, 2005; Laws 2008, c. 401, § 3, eff. Nov. 1, 2008; Laws 
2010, c. 417, § 1, eff. Nov. 1, 2010; Laws 2017, c. 280, § 1, eff. 
Nov. 1, 2017; Laws 2019, c. 4, § 2, emerg. eff. March 13, 2019; Laws 
2020, c. 72, § 1, emerg. eff. May, 19, 2020. 
NOTE: Laws 2010, c. 287, § 2 repealed by Laws 2011, c. 1, § 14, 
emerg. eff. March 18, 2011. 
 
§43A-2-104. Disposition of surplus equipment and land - Purchases. 
A. The Department of Mental Health and Substance Abuse Services 
may declare equipment which is surplus to the needs of the 
Department to the Office of Management and Enterprise Services. The 
Office of Management and Enterprise Services shall dispose of the 
surpluses as provided by law. 
B. The Office of Management and Enterprise 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 
Office of Management and Enterprise Services is not the controlling 
entity. 
C. The Department 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; Laws 2010, c. 287, § 3, eff. Nov. 1, 2010; Laws 2012, 
c. 304, § 137. 
 
§43A-2-105. Board as Mental Health and Substance Abuse Services 
Authority. 
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. 
Added by Laws 1967, c. 324, § 4, emerg. eff. May 16, 1967. 
Renumbered from § 24 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 1990, c. 51, § 30, emerg. eff. April 
9, 1990; Laws 2010, c. 287, § 4, eff. Nov. 1, 2010. 
 
§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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 36 
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. 
C. The Department 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; Laws 2010, c. 287, § 5, eff. Nov. 1, 
2010. 
 
§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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 37 
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 the 
Office of Management and Enterprise Services 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 § 26 of this title 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; Laws 2012, 
c. 304, § 138. 
 
§43A-2-108. Investigation of wrongful, negligent or improper 
treatment - System for prompt resolution of complaints - 
Confidentiality of information. 
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. 
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 
Department into allegations of consumer abuse, neglect, or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 38 
mistreatment shall be 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 Department 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 to prohibit the 
Department from summarizing the allegation or allegations made, 
facts and evidence gathered, and any findings of an investigation 
pursuant to this section. The summary may be provided to the 
following individuals and entities, provided 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 the allegation, 
d. the state and federal oversight, licensing or 
accrediting agency, 
e. the administrator of a facility certified by or under 
contract with the Department at which the alleged 
abuse, neglect or improper treatment occurred, 
f. any persons necessary to implement appropriate 
personnel action against the person suspected of 
abuse, neglect or mistreatment if evidence is found to 
support the allegation, and 
g. the appropriate law enforcement agency, district 
attorney’s office or any other entities as required by 
state and federal law. 
Added by Laws 1953, p. 171, § 98, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 11, eff. Nov. 1, 1986. Renumbered from § 98 
of this title 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; Laws 2010, c. 287, § 6, eff. 
Nov. 1, 2010. 
 
§43A-2-109. Office of Consumer Advocacy - Advocate General and 
staff - Confidentiality of information. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 39 
A. The Department 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 this section. The Office of Consumer Advocacy 
shall have access to facilities operated by, subject to 
certification by or under contract with the Department and the 
records of such facilities, including but not limited to, records of 
individuals receiving services. Records that are confidential under 
state and federal law shall be maintained as confidential and not be 
redisclosed. 
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. 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. 
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; Laws 2010, c. 287, § 7, eff. Nov. 1, 2010. 
 
§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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 40 
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, 
except for the tracts specifically described in 
subparagraph c of this paragraph, if it is determined 
by the trustees for the Department's Real Property 
Trust and by the Department that such a sale is in the 
best interests of the Department, and then the 
proceeds shall be used exclusively for tangible 
infrastructure improvements that benefit the persons 
served by the Department. The provisions of 61 O.S. 
Section 327 do not apply to the sale of real property 
under this section, otherwise the property shall be 
held in perpetuity for the sole benefit of the 
Department, 
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, except as provided in subparagraph d of 
this section, 
c. the following tract or tracts of land may be sold as 
set forth in subparagraph a of this paragraph: 
(1) Land owned by the Department located in Sections 
20 and 29, Township 9 North, Range 2 West, 
Cleveland County, Oklahoma, 
(2) Land owned by the Department located in Block 5 
of Culbertson Heights Addition to the City of 
Oklahoma City, Oklahoma County, Oklahoma, 
(3) Land owned by the Department located in Section 
27, Township 9 North, Range 2 West, Cleveland 
County, Oklahoma, 
(4) Land owned by the Department located in Section 
20, Township 20 North, Range 13 East and 
described as PRT NW NW BEG 659.68 Feet South & 
 
Oklahoma Statutes - Title 43A. Mental Health Page 41 
310.67 Feet East NWC NW, thence North 142.64 
Feet, NE 150 Feet, NW 140 Feet to point on South 
Line Mohawk Blvd, NE 300 Feet, SE 187.75 Feet, 
East 204.92 Feet to point 405 West of East Line 
NW, thence South 355.89 Feet to point on North 
Line Atlanta Circle ADD, thence West 604.06 to 
Point of Beginning, 5.16 acres More or Less in 
Tulsa County, Oklahoma, 
(5) Land owned by the Department located in all that 
part of the North Half of the Northwest Quarter 
of the Northwest Quarter (N/2 NW1/4 NW1/4) of 
Section 20, Township 20 North, Range 13 East of 
the Indian Base and Meridian, Tulsa County, State 
of Oklahoma, according to the United States 
Government Survey thereof, being more 
particularly described as BEGINNING at the 
Northeast corner of such NW/4 NW/4; thence West 
along the North line of such NW/4, a distance of 
405 feet to a point; thence South and parallel to 
the East line of such NW/4, a distance of 615.53 
feet to a point; thence East and parallel to the 
North line of such NW/4, a distance of 405 feet 
to a point in the East line of such NW/4 NW/4, 
and such point being 615.53 feet South of the 
Northeast corner of such NW/4 NW/4; thence North 
along the East line of such NW/4 NW/4 a distance 
of 615.53 feet to a Point and Place of the 
Beginning, 
(6) Land owned by the Department located in Lots 13 
through 24, Inclusive Block 5 and Bath Orchard 
Addition to Oklahoma City, SE 1/4 of Section 26, 
Township 12 North, Range 3 West, and 
(7) Land owned by the Department located in a portion 
of Block 2 in Warr Acres, Oklahoma and described 
as SE 1/4, SE 1/4 of Section 9, Township 12 
North, Range 4 West, and 
d. under no condition should any real property held in 
trust be sold to fund prevention, mental health or 
addiction treatment services. 
B. Upon the creation of the trust authorized in subsection A of 
this section, the Office of Management and Enterprise 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 Office of Management 
and Enterprise Services is authorized and directed to provide all 
 
Oklahoma Statutes - Title 43A. Mental Health Page 42 
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. Amended by Laws 
2012, c. 304, § 139; Laws 2014, c. 178, § 1, eff. Nov. 1, 2014; Laws 
2017, c. 139, § 1, eff. Nov. 1, 2017; Laws 2022, c. 267, § 1, eff. 
Nov. 1, 2022; Laws 2023, c. 377, § 1, eff. Nov. 1, 2023. 
 
§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, emerg. eff. June 3, 1953. Amended 
by Laws 1982, c. 344, § 16, emerg. eff. June 2, 1982. Renumbered 
from § 13 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1989, c. 329, § 2, eff. Nov. 1, 1989; Laws 
 
Oklahoma Statutes - Title 43A. Mental Health Page 43 
1990, c. 51, § 34, emerg. eff. April 9, 1990; Laws 1997, c. 220, § 
1, eff. Nov. 1, 1997. 
 
§43A-2-202. Repealed by Laws 2008, c. 401, § 19, eff. Nov. 1, 2008. 
 
§43A-2-202.1. Commissioner - Powers and duties. 
A. 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. The duties of the Commissioner shall include, but not 
be limited to, the following: 
1. Supervising the activities of the Department; 
2. Prescribing rules and regulations, as approved by the Board 
of Mental Health and Substance Abuse Services, for the efficient, 
uniform, and professional operation of the Department, consistent 
with the mission of the Department, including the official forms 
used or described in this title; 
3. Prescribing policies and procedures for the operation of the 
Department; 
4. Employing necessary personnel to perform the duties of the 
Department, prescribing titles and duties, and fixing compensation, 
including the employment of attorneys to provide legal assistance to 
the Department; 
5. Accepting, using, disbursing, and administering grants, 
allotments, gifts, devises, bequests, appropriations, and other 
monies and property offered or given to the Department, or any 
component or agency thereof, by an agency of the federal government 
or any corporation or individual for the use of the Department; 
6. Making contracts and agreements with other departments of 
this state to carry out the provisions of this section; 
7. Acting as the official agency of this state in all matters 
relating to mental health or substance abuse which require or 
authorize cooperation of this state with the federal government or 
any agency thereof; coordinating the activities of the Department 
with those of the federal government or any department or agency 
thereof, and with other states, on matters pertaining to mental 
health and substance abuse, and entering into agreements for such 
purpose; 
8. Aiding, assisting, and cooperating with other state 
agencies, government entities, institutions of higher learning, 
public schools, and others interested in public education regarding 
the issues of mental health and substance abuse in the establishment 
of sound mental health and substance abuse programs in this state; 
and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 44 
9. Designating the type of consumer that will be cared for at 
each facility and designating hospital or community mental health 
center districts for the purpose of determining to which 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. 
B. The Commissioner or designee 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. The Commissioner shall have any other power necessary to 
implement the provisions of the Mental Health Law. 
Added by Laws 2008, c. 401, § 4, eff. Nov. 1, 2008. 
 
§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 
§ 14.1 of this title 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. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 45 
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 available 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 of this title 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; Laws 2010, c. 287, § 8, eff. Nov. 1, 2010. 
 
§43A-2-206. 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 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 1990, c. 51, § 38, emerg. eff. April 
9, 1990. 
 
§43A-2-207. Employment of assistants and counsel by Commissioner to 
enforce claims. 
The Commissioner 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; 
Laws 2010, c. 287, § 9, eff. Nov. 1, 2010. 
 
§43A-2-208. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 46 
 
§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. 
 
§43A-2-213. 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, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 17, eff. Nov. 1, 1986. Renumbered from § 23 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
 
§43A-2-214. 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, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 18, eff. Nov. 1, 1986. Renumbered 
from § 160 of this title 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. Repealed by Laws 2008, c. 401, § 20, eff. Nov. 1, 2008. 
 
§43A-2-218. Misuse or misappropriation of funds or property of 
canteen. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 47 
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, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 20, eff. Nov. 1, 1986. Renumbered 
from § 137 of this title 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 Class D1 felony offense, and on 
conviction thereof shall be punished by imprisonment as provided for 
in subsections B through F of Section 20N of Title 21 of the 
Oklahoma Statutes, 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; Laws 2025, c. 486, § 508, eff. Jan. 
1, 2026. 
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. 
 
§43A-2-221. Utilization of State Personnel Interchange Program - 
Contracts with other state agencies, boards and commissions. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 48 
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. 
 
§43A-2-301. 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, emerg. eff. June 3, 1953. Amended 
by Laws 1970, c. 133, § 4, emerg. eff. April 7, 1970; Laws 1986, c. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 49 
103, § 21, eff. Nov. 1, 1986. Renumbered from § 16 of this title by 
Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
 
§43A-2-302. Central Office - Petty cash fund. 
There is hereby created a petty cash fund at the Central Office. 
The Director of the Office of Management and Enterprise Services 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 the Office of Management and Enterprise Services 
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 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 44, emerg. eff. 
April 9, 1990; Laws 2012, c. 304, § 140. 
 
§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. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 50 
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 the Office of Management and Enterprise Services for 
approval and payment. 
Added by Laws 1953, p. 159, § 35, emerg. eff. June 3, 1953. Amended 
by Laws 1984, c. 237, § 13, operative July 1, 1984; Laws 1986, c. 
103, § 22, eff. Nov. 1, 1986. Renumbered from § 35 of this title 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; Laws 
2012, c. 304, § 141. 
 
§43A-2-304. 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 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 46, emerg. eff. 
April 9, 1990. 
 
§43A-2-305. Authorization to purchase. 
Facilities within the Department of Mental Health and Substance 
Abuse Services are hereby authorized to purchase ambulances, 
handicapped-equipped 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 of this title 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. Office of Management and Enterprise Services as 
purchasing agent – Transfer of property to trust. 
A. The Office of Management and Enterprise 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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 51 
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 Office of Management and Enterprise 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 2-111 of this title. 
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; Laws 2012, c. 304, § 142. 
 
§43A-2-307. 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, emerg. eff. June 3, 1953. 
Renumbered from § 102 of this title 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. 
 
§43A-2-310. Intra-agency 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 "Intra-agency Reimbursement Revolving Fund". The 
fund shall be a continuing fund not subject to fiscal year 
limitations. Revenues to the fund shall consist only of intra-
agency payments from the allocation of operating costs among 
budgeted activities. All monies accruing to the credit of said fund 
 
Oklahoma Statutes - Title 43A. Mental Health Page 52 
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 the Office of Management and 
Enterprise Services 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; Laws 2012, c. 
304, § 143. 
 
§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, 
contracting with private facilities, organizations and tribal 
programs to provide treatment, counseling, rehabilitation, and other 
related services directed toward alcohol- and drug-dependent 
persons, and contracting with statewide substance abuse 
organizations to provide training and to establish and maintain a 
collaborative network of providers to maintain and improve the 
continuum of care between agencies that provide substance abuse 
prevention, treatment, and advocacy programs using best practices 
and innovative programs that focus on substance abuse services and 
co-occurring disorders. 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 the Office of Management and 
Enterprise Services for approval and payment. 
Added by Laws 2003, c. 354, § 2. Amended by Laws 2005, c. 195, § 
11, eff. Nov. 1, 2005; Laws 2007, c. 129, § 1, eff. Nov. 1, 2007; 
Laws 2012, c. 304, § 144. 
 
§43A-2-312.1. County Community Safety Investment Fund 
 
Oklahoma Statutes - Title 43A. Mental Health Page 53 
A. 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 “County Community Safety Investment 
Fund”. The fund shall be a continuing fund, not subject to fiscal 
year limitations, and shall consist of all monies appropriated to 
the fund under Section 633 of this title. 
B. All monies accruing to the credit of the fund shall be 
budgeted and expended by the Department of Mental Health and 
Substance Abuse Services for the sole purpose of providing funds to 
counties for development and implementation of the programs listed 
in Section 4 of this act. 
C. 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 the Office of Management and Enterprise 
Services for approval and payment. 
Added by State Question No. 781, Initiative Petition No. 405, § 2, 
adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017. 
Amended by Laws 2023, c. 201, § 1, eff. July 1, 2023. Renumbered 
from § 631 of Title 57 by Laws 2023, c. 201, § 5, eff. July 1, 2023. 
NOTE: Section 5 of this Initiative read: "The provisions of this 
initiative shall not become effective if the Oklahoma Smart Justice 
Reform Act is not approved by the people of this State." State 
Question 780, Initiative Petition No. 404. 
 
§43A-2-312.2. Savings and averted costs from implementation of the 
Oklahoma Smart Justice Reform Act. 
No later than July 31 of each year, the Legislative Office of 
Fiscal Transparency shall calculate the annual savings and averted 
costs from the prior fiscal year that accrued to the state due to 
the reduction of the number and length of incarcerations attributed 
to the implementation of the Oklahoma Smart Justice Reform Act. In 
making the calculation required by this section, the Legislative 
Office of Fiscal Transparency shall use actual data or best 
available estimates where actual data is not available. The 
calculation shall be final and shall not be adjusted for any 
subsequent changes in the underlying data. 
Added by State Question No. 781, Initiative Petition No. 405, § 3, 
adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017. 
Amended by Laws 2023, c. 201, § 2, eff. July 1, 2023. Renumbered 
from § 632 of Title 57 by Laws 2023, c. 201, § 6, eff. July 1, 2023. 
NOTE: Section 5 of this Initiative read: "The provisions of this 
initiative shall not become effective if the Oklahoma Smart Justice 
Reform Act is not approved by the people of this State." State 
Question 780, Initiative Petition No. 404. 
 
§43A-2-312.3. Compliance. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 54 
An amount equal to the savings calculated by the Legislative 
Office of Fiscal Transparency pursuant to Section 632 of this title 
shall, subject to appropriation by the Legislature, be paid to the 
County Community Safety Investment Fund created in Section 631 of 
this title. 
This section is intended to comply with, and is subject to, 
Article V, Section 55, Article VI, Section 12, Article X, Section 
23, and the other applicable provisions of the Oklahoma 
Constitution. 
Added by State Question No. 781, Initiative Petition No. 405, § 4, 
adopted at General Election held on Nov. 8, 2016, eff. July 1, 2017. 
Amended by Laws 2023, c. 201, § 3, eff. July 1, 2023. Renumbered 
from § 633 of Title 57 by Laws 2023, c. 201, § 7, eff. July 1, 2023. 
NOTE: Section 5 of this Initiative read: "The provisions of this 
initiative shall not become effective if the Oklahoma Smart Justice 
Reform Act is not approved by the people of this State." State 
Question 780, Initiative Petition No. 404. 
 
§43A-2-312.4. Request for proposals for funds. 
A. Subject to availability of funds under Section 2-312.1 of 
this title, the Department of Mental Health and Substance Abuse 
Services shall annually issue a request for proposals by which 
county governments or multi-county partnerships may apply for funds 
for the development and implementation of evidence-based: 
1. Mental health and substance abuse treatment programs or 
other health care programs provided in the community; 
2. Pretrial diversion programs, mental health and substance use 
jail intake screenings, or jail reentry programs; 
3. Employment programs; 
4. Education programs; or 
5. Housing programs. 
B. The request for proposals shall include, but not be limited 
to, the proposed services, number of individuals to be served by the 
proposed services or programs, and the manner in which the services 
or programs will partner with or be supported by local Department-
contracted or -certified entities. 
C. For a proposal to be considered, the applying county 
government or multi-county partnership must submit all necessary 
documents to meet the requirements outlined in the request for 
proposals. 
D. The number of awards and funding amounts of each award shall 
be at the discretion of the Department and shall be based on total 
available funds, total county population, and the criteria in 
subsection B of this section. Each county government or multi-
county partnership shall be allocated at least half of one percent 
(0.5%) of the total amount appropriated for the award cycle. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 55 
E. The Department shall submit an annual report to the 
President Pro Tempore of the Senate and the Speaker of the House of 
Representatives that includes the amount awarded to each county 
government or multi-county partnership and a summary of services 
provided by each county government or multi-county partnership. 
F. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules to implement the provisions of this section 
and Sections 2-312.1, 2-312.2, and 2-312.3 of this title including, 
but not limited to, rules that set qualifications for programs 
eligible to receive funds under this section. 
Added by Laws 2023, c. 201, § 4, eff. July 1, 2023. Amended by Laws 
2025, c. 230, § 1, eff. July 1, 2025. 
 
§43A-2-400. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-2-401.1. Emergency opioid antagonists for Department of 
Corrections and county jails — Opioid overdoes education program. 
A. As used in this section, “emergency opioid antagonist” means 
a drug including but not limited to naloxone that blocks the effects 
of opioids and that is approved by the United States Food and Drug 
Administration for the treatment of an opioid overdose. 
B. Subject to allocation of federal funding for the purchase of 
emergency opioid antagonists, the Department of Mental Health and 
Substance Abuse Services shall provide emergency opioid antagonists 
to the Department of Corrections and to county jails for the purpose 
of implementing Section 2 of this act. 
C. The Department of Mental Health and Substance Abuse Services 
shall prepare and provide an opioid overdose education program to 
the Department of Corrections and to county jails for the purpose of 
implementing Section 2 of this act. The education program shall: 
1. Conform to guidelines of the Substance Abuse and Mental 
Health Services Administration for opioid overdose education; 
2. Explain the causes of an opioid overdose; 
3. Instruct when and how to administer in accordance with 
medical best practices: 
a. life-saving rescue techniques, and 
b. an emergency opioid antagonist; 
4. Explain how to contact appropriate emergency medical 
services; and 
5. Provide information on how to access emergency opioid 
antagonists. 
Added by Laws 2023, c. 311, § 1, eff. Nov. 1, 2023. 
 
§43A-2-401.2. Emergency opioid antagonists for hospitals. 
A. As used in this section: 
1. “Emergency opioid antagonist” means a drug including but not 
limited to naloxone that blocks the effects of opioids and that is 
 
Oklahoma Statutes - Title 43A. Mental Health Page 56 
approved by the United States Food and Drug Administration for the 
treatment of an opioid overdose; and 
2. “Health benefit plan” has the same meaning as provided by 
Section 6060.4 of Title 36 of the Oklahoma Statutes. 
B. Subject to allocation of federal funding for the purchase of 
emergency opioid antagonists, the Department of Mental Health and 
Substance Abuse Services shall distribute emergency opioid 
antagonists to hospitals for distribution by hospitals of emergency 
opioid antagonists to patients not covered by the state Medicaid 
program or by a health benefit plan as described in subsection C of 
Section 2 of this act. 
C. The State Department of Health shall provide necessary 
technical assistance for the implementation of this section and 
Section 2 of this act. 
Added by Laws 2023, c. 312, § 1, eff. Nov. 1, 2023. 
 
§43A-2-402. Nonopioid alternatives — Funding opportunities — 
Political subdivision assistance. 
The Department of Mental Health and Substance Abuse Services, 
the State Department of Health, and the Oklahoma Health Care 
Authority shall: 
1. Collaborate to seek funding opportunities for educational 
and health care services related to nonopioid alternatives; and 
2. Assist, upon request, political subdivisions that receive 
opioid grant awards under the Political Subdivisions Opioid 
Abatement Grants Act with the development and implementation of 
educational and health care services related to nonopioid 
alternatives. 
Added by Laws 2024, c. 124, § 1, eff. Nov. 1, 2024. 
 
§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 may be maintained for residents of 
the state, are: 
1. Griffin Memorial Hospital, Norman; 
2. Oklahoma Forensic Center, Vinita; 
3. Children's Recovery Center of Oklahoma, Norman; 
4. Tulsa Center for Behavioral Health, Tulsa; 
5. Carl Albert Community Mental Health and Substance Abuse 
Services Center, McAlester; 
6. Jim Taliaferro Community Mental Health and Substance Abuse 
Services Center, Lawton; 
7. Central Oklahoma Community Mental Health and Substance Abuse 
Services Center, Norman; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 57 
8. Northwest Center for Behavioral Health, Woodward; 
9. Oklahoma County Crisis Intervention Center, Oklahoma City; 
10. Oklahoma Crisis Recovery Unit, Oklahoma City; and 
11. Transitions Recovery Center, Vinita. 
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 of this title 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; Laws 2008, c. 401, § 5, 
eff. Nov. 1, 2008; Laws 2010, c. 417, § 2, eff. Nov. 1, 2010; Laws 
2021, c. 233, § 1, eff. Nov. 1, 2021; Laws 2022, c. 125, § 1, emerg. 
eff. April 29, 2022. 
 
§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. 
 
§43A-3-102. 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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 58 
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 the Office of Management and 
Enterprise Services 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 the Office of Management 
and Enterprise Services 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 of this title 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; Laws 2012, c. 304, § 145. 
 
§43A-3-103. 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 the Office of Management 
and Enterprise Services 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 the Office of Management and 
Enterprise Services 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; Laws 2012, c. 304, § 
146. 

Oklahoma Statutes - Title 43A. Mental Health Page 59 
§43A-3-104. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 
2005. 
 
§43A-3-105. Children's Recovery Center of Oklahoma - Units - Petty 
cash fund. 
A. The Children's Recovery Center of Oklahoma, Norman, 
Oklahoma, is hereby created and designated a facility within the 
Department and shall be operated under the supervision of the 
Department. The Children's Recovery Center of Oklahoma 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 Children's 
Recovery Center of Oklahoma. The Director of the Office of 
Management and Enterprise Services 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 the Office of 
Management and Enterprise Services 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; Laws 2008, c. 401, § 6, eff. Nov. 1, 2008; Laws 
2012, c. 304, § 147. 
 
§43A-3-106. Repealed by Laws 2021, c. 233, § 3, eff. Nov. 1, 2021. 
 
§43A-3-107. Transitions Recovery Center - Petty cash fund - 
Transfer of property, records, etc. 
A. There is hereby created and designated as a facility within 
the Department of Mental Health and Substance Abuse Services 
Transitions Recovery Center at Vinita. The facility 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 Transitions Recovery Center at 
Vinita utilize and receive business management, support services and 
medical ancillary services of the Oklahoma Forensic Center. 
B. There is hereby created a petty cash fund for Transitions 
Recovery Center at Vinita. The Director of the Office of Management 
and Enterprise Services and the Commissioner of Mental Health and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 60 
Substance Abuse Services are authorized to fix the maximum amount of 
the petty cash fund. The Director of the Office of Management and 
Enterprise Services shall prescribe the rules and procedures for the 
administration of the petty cash fund. 
C. The Department of Mental Health and Substance Abuse Services 
is authorized to effect the transfer of property, records, 
equipment, supplies, funds and encumbrances from the Oklahoma 
Forensic Center to or from Transitions Recovery Center at Vinita. 
Added by Laws 1985, c. 332, § 12, emerg. eff. July 29, 1985. 
Amended by Laws 1986, c. 103, § 26, eff. Nov. 1, 1986. Renumbered 
from § 31.8 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1990, c. 51, § 57, emerg. eff. April 9, 1990; 
Laws 1990, c. 265, § 58, operative July 1, 1990; Laws 1993, c. 323, 
§ 3, emerg. eff. June 7, 1993; Laws 2001, c. 186, § 5, eff. Nov. 1, 
2001; Laws 2003, c. 46, § 11, emerg. eff. April 8, 2003; Laws 2008, 
c. 401, § 7, eff. Nov. 1, 2008; Laws 2012, c. 304, § 149; Laws 2021, 
c. 233, § 2, eff. Nov. 1, 2021; Laws 2022, c. 125, § 2, emerg. eff. 
April 29, 2022. 
 
§43A-3-107a. Northwest Center for Behavioral Health - Services 
provided - Component entities - Transfer of property and records. 
A. The Northwest Center for Behavioral Health at Fort Supply, 
Oklahoma, is hereby created and designated a facility within the 
Department of Mental Health and Substance Abuse Services. The 
facility shall be operated under the supervision of the Department 
and shall consist of those entities formerly known as: 
1. Western State Hospital, Fort Supply; 
2. Northwest Oklahoma Community Mental Health and Substance 
Abuse Services Center; 
3. Fort Supply Alcohol and Drug Treatment Center at Fort 
Supply; and 
4. Western State Psychiatric Center, Fort Supply. 
B. Northwest Center for Behavioral Health shall serve as a 
regional inpatient mental health and substance abuse services center 
serving counties deemed appropriate by the Commissioner of Mental 
Health and Substance Abuse Services. Northwest Center for 
Behavioral Health shall also provide outpatient mental health and 
substance abuse services to Alfalfa, Beaver, Cimarron, Ellis, 
Harper, Major, Texas, Woods and Woodward Counties, and any other 
counties deemed appropriate by the Commissioner. 
C. The Department is authorized to effect the transfer of 
property, records, equipment, supplies and funds, and encumbrances 
from Western State Hospital, Northwest Oklahoma Community Mental 
Health and Substance Abuse Services Center, and Fort Supply Alcohol 
and Drug Treatment Center to the Northwest Center for Behavioral 
Health. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 61 
Added by Laws 1993, c. 323, § 4, emerg. eff. June 7, 1993. Amended 
by Laws 2003, c. 46, § 12, emerg. eff. April 8, 2003. 
 
§43A-3-107b. Tulsa Center for Behavioral Health. 
A. The "Tulsa Center for Behavioral Health" is hereby created 
and designated as 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. There is hereby created a petty cash fund for the Tulsa 
Center for Behavioral Health. The Director of the Office of 
Management and Enterprise Services 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 the Office of 
Management and Enterprise Services shall prescribe the rules and 
procedures for the administration of the petty cash fund. 
Added by Laws 2003, c. 46, § 13, emerg. eff. April 8, 2003. Amended 
by Laws 2012, c. 304, § 150. 
 
§43A-3-108. Alcohol and drug treatment and rehabilitation of 
adolescents. 
The Commissioner of Mental Health and Substance Abuse Services 
is hereby authorized and directed to establish an appropriate room 
or ward for alcohol and other drug treatment services for 
adolescents, with special emphasis on the rehabilitation of a 
consumer during treatment, and to provide an adequate program for 
reestablishment into society upon release. 
Added by Laws 1963, c. 310, § 2, emerg. eff. June 19, 1963. Amended 
by Laws 1986, c. 103, § 27, eff. Nov. 1, 1986. Renumbered from § 
431 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1990, c. 51, § 58, emerg. eff. April 9, 1990; Laws 
2005, c. 150, § 14, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 
13, eff. Nov. 1, 2005. 
 
§43A-3-109. Canteens - Use of profits. 
There may be established and maintained at each of the 
facilities within the Department of Mental Health and Substance 
Abuse Services a canteen. Any profits from the canteen of a 
facility shall be used for the benefit of the consumers of the 
facility. 
Added by Laws 1953, p. 172, § 101, emerg. eff. June 3, 1953. 
Amended by Laws 1979, c. 266, § 16, eff. July 1, 1979. Renumbered 
from § 101 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2005, c. 150, § 15, emerg. eff. May 9, 2005. 
 
§43A-3-110. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 
8, 2003. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 62 
 
§43A-3-111. Northwest Center for Behavioral Health - Transfer of 
land, buildings and equipment to Corrections Department - Services - 
Records. 
A. The provisions of this section shall not become effective 
until funding to implement this section is authorized by the 
Legislature. 
B. Except as provided in subsection C of this section, the 
land, and all buildings and equipment attached thereto, at Northwest 
Center for Behavioral Health at Fort Supply, Oklahoma, shall be 
transferred from the Department of Mental Health and Substance Abuse 
Services to the Department of Corrections. The transfer shall be of 
surface rights only and all interest in mineral rights shall be 
retained by the Department of Mental Health and Substance Abuse 
Services. The transferred land shall be used for a correctional 
institution to incarcerate prisoners of minimum security 
classification. 
C. The Department of Mental Health and Substance Abuse Services 
shall retain the following land, all buildings and equipment 
attached thereto, which shall comprise Northwest Center for 
Behavioral Health: 
Beginning at a point 732 ft. North and 33.0 ft. East of the 1/4 
section corner common to Sections 8 and 9, T-24-N, R-22-W, thence 
N89 37 26E, 3877.0 ft., thence S02 07 26W, 318.0 ft., thence N75 55 
34W, 115 ft., thence S42 17 05W, 85.0 ft., thence S13 46 36W, 228.0 
ft., thence N76 13 24W, 122.0 ft., thence S14 06 36W, 230.0 ft., 
thence N75 53 24W, 163.0 ft., thence S13 56 36W, 185.0 ft., thence 
N76 03 24W, 220.0 ft., thence S84 31 16W, 378.0 ft., thence S22 09 
00W, 347.0 ft., to the North R/W line of S.H.3, thence N67 51 00W 
along the R/W line 2601.99 ft. to the P.C. of a curve, thence 142.19 
ft. along a curve to the left having a radius of 1959.86 ft., the 
point being on the East R/W line of the N and S section line, thence 
N00 16 54W along the R/W line 157.16 ft. to the point of beginning. 
The described tract contains 61.70 acres more or less. 
D. The Department of Corrections and the Department of Mental 
Health and Substance Abuse Services shall enter into cooperative 
agreements to provide the following services: 
1. Security personnel; 
2. Utilities; 
3. Water; 
4. Sewage; 
5. Maintenance of grounds; 
6. Electrical maintenance and repair; 
7. Carpentry; 
8. Printing; 
9. Caustic storage; 
10. Warehouse facilities; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 63 
11. Food service; 
12. Laundry service; 
13. Sewing; 
14. Dental services; 
15. Switchboard services; 
16. Use of motor pool; 
17. Cost and statistics; 
18. Supplies, other than pharmaceuticals and laboratory 
supplies; 
19. Inpatient infirmary services; 
20. Pharmacy; 
21. Professional services for treatment alternatives for 
drinking drivers; and 
22. Professional services for the Youthful Offender Program. 
E. All official records pertaining to the operation of 
Northwest Center for Behavioral Health shall be retained by the 
Department of Mental Health and Substance Abuse Services. All 
inventory not needed for the operation of Northwest Center for 
Behavioral Health shall be transferred to the Department of 
Corrections. 
Added by Laws 1988, c. 310, § 14, operative July 1, 1988. Amended 
by Laws 1990, c. 51, § 60, emerg. eff. April 9, 1990; Laws 1993, c. 
323, § 5, emerg. eff. June 7, 1993; Laws 2003, c. 46, § 14, emerg. 
eff. April 8, 2003; Laws 2017, c. 88, § 1, eff. Nov. 1, 2017. 
 
§43A-3-112. Membership in organizations or networks to provide 
behavioral health services. 
The Department of Mental Health and Substance Abuse Services and 
its operating facilities may become members of public or private 
behavioral health consortiums, health maintenance organizations, 
preferred provider organizations, and hospital or other health care 
networks to provide behavioral health services. The Department and 
its operating facilities may pay dues or fees assessed for such 
membership and are hereby authorized to enter into contracts with 
such entities for the purpose of providing mental health or 
substance abuse services. 
Added by Laws 1995, c. 254, § 2, eff. Nov. 1, 1995. 
 
§43A-3-113. Repealed by Laws 2001, c. 277, § 2, eff. July 1, 2001. 
 
§43A-3-113.1. Repealed by Laws 2004, c. 92, § 2, eff. July 1, 2004. 
 
§43A-3-201. Statewide system of precare and aftercare services. 
The Commissioner may establish a statewide system of precare and 
aftercare services, to include receiving hospital services and 
halfway houses, in relation to the admission and discharge of 
patients from state mental hospitals. Physical facilities for these 
 
Oklahoma Statutes - Title 43A. Mental Health Page 64 
services may be leased, purchased, or constructed by the State of 
Oklahoma or donated to the Department of Mental Health and Substance 
Abuse Services. Contracts for such services may be negotiated with 
professional persons, privately owned facilities, or publicly 
operated facilities. These services may be operated separately or 
in connection with existing state mental hospitals. These services 
shall be used for the care and treatment of the mentally ill, 
especially for those whose condition makes it likely that 
hospitalization will be necessary and for those patients discharged 
from state mental hospitals who require periodic outpatient 
supervision and treatment. Such services shall operate in 
accordance with the regulations established by the Commissioner. 
Added by Laws 1953, p. 175, § 152, emerg. eff. June 3, 1953. 
Amended by Laws 1965, c. 68, § 1, emerg. eff. April 21, 1965; Laws 
1986, c. 103, § 28, eff. Nov. 1, 1986. Renumbered from § 152 of 
this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended 
by Laws 1990, c. 51, § 61, emerg. eff. April 9, 1990; Laws 2010, c. 
287, § 10, eff. Nov. 1, 2010. 
 
§43A-3-250. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 
8, 2003. 
 
§43A-3-301. Short title. 
Sections 3-301 through 3-319 of this title shall be known as the 
"Unified Community Mental Health Services Act". 
Added by Laws 1980, c. 291, § 1, eff. Oct. 1, 1980. Amended by Laws 
1985, c. 276, § 1, emerg. eff. July 22, 1985; Laws 1986, c. 103, § 
29, eff. Nov. 1, 1986. Renumbered from § 613 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 
488, § 11, eff. Nov. 1, 2002. 
 
§43A-3-302. Definitions. 
As used in the Unified Community Mental Health Services Act: 
1. "Certified behavioral health case manager" means any person 
who is certified by the Department of Mental Health and Substance 
Abuse Services to offer behavioral health case management services 
within the confines of a mental health facility, or services for 
alcohol and drug dependents, that is operated by the Department or 
contracts with the state to provide behavioral services; 
2. "Case management" means the application of case management 
principles and practices of linking, advocacy and referral in 
partnership with the consumer to support the consumer in self-
sufficiency and community tenure for consumers of mental health or 
substance abuse services; 
3. "Catchment area or service area" means a geographic area 
established by the Department of Mental Health and Substance Abuse 
Services; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 65 
4. "Community mental health center" means a facility offering: 
a. a comprehensive array of community-based mental health 
services, including, but not limited to, outpatient 
treatment, emergency evaluation and care, 
consultation, education, rehabilitation services, and 
aftercare, and 
b. certain services at the option of the center, 
including, but not limited to, inpatient treatment, 
training programs, and research and evaluation 
programs; 
5. "Community mental health services", in conformance with 
federal requirements, means services for the treatment of mental 
illness and co-occurring substance abuse disorders, and the 
prevention, diagnosis, or rehabilitation of such persons; 
6. "Mental health facility" means: 
a. a community mental health center, 
b. an outpatient facility offering diagnostic and 
treatment services, 
c. a day care facility offering a treatment program for 
children or adults suffering from mental or emotional 
problems, or 
d. community residential mental health programs and 
facilities which provide supervised residential care, 
counseling, case management or other similar services 
to children or adults suffering from mental or 
emotional problems; and 
7. "Program of assertive community treatment" means a facility, 
agency or organization that offers or provides a self-contained 
clinical team, under the medical supervision of a licensed 
psychiatrist, to provide needed treatment, rehabilitation, and 
support services to individuals with serious mental illness who have 
severe symptoms and impairments not effectively remedied by 
available treatments or to individuals who resist or avoid 
involvement in other needed mental health services. 
Added by Laws 1980, c. 291, § 2, eff. Oct. 1, 1980. Amended by Laws 
1983, c. 319, § 1, eff. Nov. 1, 1983; Laws 1985, c. 276, § 2, emerg. 
eff. July 22, 1985; Laws 1986, c. 103, § 30, eff. Nov. 1, 1986. 
Renumbered from § 614 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1988, c. 283, § 19, operative 
Nov. 1, 1988; Laws 1989, c. 227, § 2; Laws 1990, c. 184, § 1, 
operative July 1, 1990; Laws 1990, c. 337, § 7; Laws 1995, c. 231, § 
7, eff. Nov. 1, 1995; Laws 2001, c. 186, § 6, eff. Nov. 1, 2001; 
Laws 2002, c. 488, § 12, eff. Nov. 1, 2002; Laws 2003, c. 46, § 15, 
emerg. eff. April 8, 2003; Laws 2005, c. 348, § 13, eff. July 1, 
2005; Laws 2010, c. 287, § 11, eff. Nov. 1, 2010. 
NOTE: Laws 1990, c. 51, § 62 repealed by Laws 1990, c. 337, § 26. 

Oklahoma Statutes - Title 43A. Mental Health Page 66 
§43A-3-303. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-304. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-305. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-306. Board of Mental Health and Substance Abuse Services - 
Responsibilities and authority. 
A. The Board of Mental Health and Substance Abuse Services 
shall have the responsibility and authority to: 
1. Promulgate rules governing eligibility of public agencies or 
mental health facilities to contract with the Department of Mental 
Health and Substance Abuse Services; 
2. Prescribe standards for qualifications of personnel and 
quality of professional services; 
3. Ensure eligibility for community mental health services so 
that no person will be denied services on the basis of race, color 
or creed or inability to pay; and 
4. Promulgate such other rules as may be necessary to carry out 
the provisions of the Unified Community Mental Health Services Act. 
B. The Department shall have the following responsibilities and 
authority to: 
1. Provide technical assistance to community mental health 
facilities and boards; 
2. Provide clinical, fiscal and management audit of services 
and facilities; 
3. Approve and compile catchment area plans and budget requests 
into a statewide mental health plan and budget for submission to the 
Governor, Legislature and federal funding sources as appropriate; 
and 
4. Assist mental health facilities in the recruitment of 
qualified personnel and in conducting in-service training programs. 
Added by Laws 1980, c. 291, § 6, eff. Oct. 1, 1980. Amended by Laws 
1982, c. 344, § 18, emerg. eff. June 2, 1982; Laws 1986, c. 103, § 
33, eff. Nov. 1, 1986. Renumbered from § 618 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 
51, § 66, emerg. eff. April 9, 1990; Laws 1992, c. 348, § 2, emerg. 
eff. June 4, 1992; Laws 2001, c. 186, § 7, eff. Nov. 1, 2001; Laws 
2002, c. 488, § 13, eff. Nov. 1, 2002. 
 
§43A-3-306.1. Certification as community mental health center. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of a facility 
or organization that desires to be certified as a community mental 
health center. No community mental health center shall operate or 
continue to operate unless the facility complies with the rules and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 67 
standards promulgated by the Board and is certified as required by 
this section. 
B. Applications for certification as a community mental health 
center shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, may certify the community mental health 
centers for a period of three (3) years subject to renewal as 
provided in the rules promulgated by the Board. 
C. The Department of Mental Health and Substance Abuse Services 
is authorized to establish and collect certification and renewal 
fees for certification of community mental health centers as 
provided in Section 3-324 of this title. 
D. Certified community mental health 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; or 
3. Approved medical and professional standards as determined by 
the Board. 
E. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
Added by Laws 2002, c. 488, § 14, eff. Nov. 1, 2002. Amended by 
Laws 2006, c. 97, § 3, eff. Nov. 1, 2006; Laws 2007, c. 130, § 1, 
eff. Nov. 1, 2007; Laws 2010, c. 287, § 12, eff. Nov. 1, 2010. 
 
§43A-3-307. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-308. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-309. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-310. Contracting nonprofit private agencies to submit 
budget, salary and employee benefits information to Department. 
Any nonprofit private agency providing services pursuant to a 
contract or subcontract with the Department of Mental Health and 
Substance Abuse Services, the Board of Mental Health and Substance 
Abuse Services or any facility of the Department of Mental Health 
and Substance Abuse Services and receiving funds disbursed thereof 
shall submit information on operating budgets and employee salaries 
and benefits to the Department of Mental Health and Substance Abuse 
Services. 
Added by Laws 1982, c. 344, § 23, emerg. eff. June 2, 1982. 
Renumbered from § 621.1 of this title by Laws 1986, c. 103, § 103, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 68 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 69, emerg. eff. 
April 9, 1990; Laws 2001, c. 186, § 8, eff. Nov. 1, 2001. 
 
§43A-3-311. Authorization and expenditures of funds. 
The funds appropriated to the Department of Mental Health and 
Substance Abuse Services for the support of private nonprofit 
organizations and state-operated centers shall be administered 
pursuant to the provisions of the Unified Community Mental Health 
Services Act. Funds for the support of private nonprofit 
organizations shall be authorized by the Department of Mental Health 
and Substance Abuse Services only on the basis of performance 
contracts or fee-for-service contracts. Said funds may be reduced 
or withheld by the Commissioner in amounts necessary to require 
compliance with the provisions of the Unified Community Mental 
Health Services Act. Expenditures of said funds by public and 
private nonprofit organizations shall be subject to audit by the 
Department of Mental Health and Substance Abuse Services, which 
shall utilize audit procedures sufficient to ascertain the proper 
use of state monies by each recipient. 
Added by Laws 1984, c. 237, § 15, operative July 1, 1984. 
Renumbered from § 621.2 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 70, emerg. eff. 
April 9, 1990. 
 
§43A-3-312. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-3-313. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. 
 
§43A-3-313a. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 
2005. 
 
§43A-3-314. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005. 
 
§43A-3-314.1. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 
2006. 
 
§43A-3-314.2. Repealed by Laws 2005, c. 348, § 19, eff. July 1, 
2005. 
 
§43A-3-315. Certification as community residential mental health 
programs. 
A. The Board of Mental Health and Substance Abuse Services 
shall adopt minimum standards for program certification for 
residential care homes operating as community residential mental 
health programs as provided in this section. The standards shall be 
adopted as rules and promulgated by the Board of Mental Health and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 69 
Substance Abuse Services pursuant to the provisions of the 
Administrative Procedures Act. 
B. The program certification standards adopted by the Board 
shall provide for a system of classification of community 
residential mental health programs based upon the level of care 
required by residents of the facility and establish minimum program 
certification standards for each classification. The program 
certification standards adopted by the Board for each classification 
shall be such that residential care facilities having a valid 
contract with the Department and licensed by the State Department of 
Health on July 1, 1988, shall be qualified and eligible for program 
certification within an appropriate classification. 
C. The Department shall terminate the contract of any home that 
fails to meet contract provisions regarding financial statements. 
D. The Department of Mental Health and Substance Abuse Services 
is authorized to establish and collect certification and renewal 
fees for certification of community residential mental health 
facilities and programs as provided in Section 3-324 of this title. 
E. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
Added by Laws 1988, c. 283, § 20, operative Nov. 1, 1988. Amended 
by Laws 1990, c. 51, § 74, emerg. eff. April 9, 1990; Laws 1991, c. 
301, § 8, eff. July 1, 1991; Laws 2003, c. 46, § 16, emerg. eff. 
April 8, 2003; Laws 2006, c. 97, § 4, eff. Nov. 1, 2006; Laws 2007, 
c. 130, § 2, eff. Nov. 1, 2007; Laws 2010, c. 287, § 13, eff. Nov. 
1, 2010. 
 
§43A-3-315.1. Supportive assistance services for residents of 
facilities. 
The Department of Mental Health and Substance Abuse Services 
shall, with funds appropriated for community residential mental 
health facilities, develop and implement procedures that offer all 
residential care facilities that meet licensure requirements the 
opportunity to become certified and to contract for socialization or 
other supportive assistance services to residents authorized by the 
Department of Mental Health and Substance Abuse Services as needing 
those services. The funds provided for each client for supportive 
assistance or socialization shall follow the client in any 
residential setting. 
Added by Laws 1993, c. 269, § 23, eff. Sept. 1, 1993. 
 
§43A-3-315.2. Repealed by Laws 2002, c. 112, § 15, eff. Dec. 31, 
2002 and Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-315.2a. Substance abuse facilities - Violations of Alcohol 
and Drug Act - Injunction - Findings. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 70 
A. The Attorney General, the Department of Mental Health and 
Substance Abuse Services or the district attorney of the appropriate 
district court may bring an action in a court of competent 
jurisdiction for an injunction against any substance abuse facility 
believed to be in violation of the Oklahoma Alcohol and Drug Act or 
any order or determination of the Department. 
B. In any action for an injunction brought pursuant to this 
section, any findings of the Department, after hearing and due 
process, shall be prima facie evidence of the facts found therein. 
C. The district court for the county where the facility is 
located has jurisdiction to determine the action, to grant the 
necessary injunctive relief and to award attorney fees to the 
prevailing party. 
Added by Laws 2004, c. 113, § 9, eff. Nov. 1, 2004. 
 
§43A-3-316. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. 
 
§43A-3-317. Community-based structured crisis centers. 
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. 
E. 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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 71 
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. 
Added by Laws 1996, c. 354, § 50, eff. Nov. 1, 1996. Amended by 
Laws 2001, c. 186, § 9, eff. Nov. 1, 2001; Laws 2002, c. 488, § 17, 
eff. Nov. 1, 2002; Laws 2006, c. 97, § 5, eff. Nov. 1, 2006; Laws 
2010, c. 287, § 14, eff. Nov. 1, 2010; Laws 2013, c. 213, § 2, eff. 
Nov. 1, 2013. 
 
§43A-3-318. Certification of behavioral health case managers - Use 
of title. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of behavioral 
health case managers who are: 
1. Employed by the state; 
2. Employed by behavioral services providers contracting with 
the state to provide behavioral health services; 
3. Employed by a tribe or tribal facility that provides 
behavioral health services; or 
4. Employed by an Oklahoma Department of Veterans Affairs or a 
United States Department of Veterans Affairs facility. 
B. Such rules and standards shall address criteria for 
certification and renewal, including minimum education requirements, 
examination and supervision requirements, continuing education 
requirements, and rules of professional conduct. 
C. Application for certification as a behavioral health case 
manager shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, may certify the behavioral health case 
manager for a period of two (2) years subject to renewal as provided 
in the rules promulgated by the Board. 
D. The Board is authorized to establish an application and 
renewal fee of no more than One Hundred Dollars ($100.00) to defray 
the costs incurred in the certification process. 
E. Behavioral health case managers certified by the Board or 
the Commissioner shall only use the title "certified behavioral 
health case manager" if employed by the state, employed by 
behavioral services providers contracting with the state to provide 
behavioral health services, employed by a tribe or tribal facility 
that provides behavioral health services or employed by an Oklahoma 
Department of Veterans Affairs or a United States Department of 
Veterans Affairs facility. This section shall not be construed to 
permit the certified behavioral health case manager to practice any 
of the following professions or use the following titles unless also 
 
Oklahoma Statutes - Title 43A. Mental Health Page 72 
licensed or accredited by the appropriate authority: physician, 
psychologist, clinical social worker, professional counselor, 
marital and family therapist, behavioral practitioner, or alcohol 
and drug counselor. 
F. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
G. No behavioral health case manager shall operate or continue 
to operate as a behavioral health case manager unless the case 
manager complies with the rules promulgated by the Board and is 
certified as required by this section. 
Added by Laws 2002, c. 488, § 18, eff. Nov. 1, 2002. Amended by 
Laws 2003, c. 46, § 17, emerg. eff. April 8, 2003; Laws 2003, c. 
196, § 3, emerg. eff May 7, 2003; Laws 2010, c. 287, § 15, eff. Nov. 
1, 2010; Laws 2017, c. 111, § 1, eff. Nov. 1, 2017. 
 
§43A-3-319. Certification as program of assertive community 
treatment. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of facilities 
or organizations that desire to be certified as a program of 
assertive community treatment for the provision of community-based 
comprehensive treatment for persons with serious mental illness and 
related disorders. 
B. Applications for certification as a program of assertive 
community treatment shall be made to the Department on prescribed 
forms. The Board, or the Commissioner upon delegation by the Board, 
may certify the program of assertive community treatment for a 
period of three (3) years subject to renewal as provided in the 
rules promulgated by the Board. The Department of Mental Health and 
Substance Abuse Services is authorized to establish and collect 
certification and renewal fees for certification of programs for 
assertive community treatment as provided in Section 3-324 of this 
title. 
C. No program of assertive community treatment shall operate or 
continue to operate unless the program complies with the rules 
promulgated by the Board and is certified as required by this 
section. 
D. Failure to comply with regulations and standards promulgated 
by the Board shall be grounds for revocation, suspension or 
nonrenewal of certification. 
Added by Laws 2002, c. 488, § 19, eff. Nov. 1, 2002. Amended by 
Laws 2006, c. 97, § 6, eff. Nov. 1, 2006; Laws 2007, c. 130, § 3, 
eff. Nov. 1, 2007. 
 
§43A-3-320. Certified Eating Disorder Treatment Programs. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 73 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of eating 
disorder treatment programs and for private facilities and 
organizations that offer eating disorder treatment services in this 
state. Such facilities and organizations shall be known as 
“Certified Eating Disorder Treatment Programs”. 
B. For purposes of this section, “eating disorder treatment” 
means any treatment for anorexia nervosa, bulimia nervosa, or any 
other severe disturbances in eating behavior specified in the most 
current edition of the Diagnostic and Statistical Manual of Mental 
Disorders. 
C. Applications for certification as a certified eating 
disorder treatment program, pursuant to the provisions of this 
section, shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner upon delegation by the Board, may certify the program 
for a period of three (3) years subject to renewal as provided in 
the rules promulgated by the Board. Nothing in this section shall 
preclude the Department from making inspection visits to a program 
to determine program compliance. 
D. Hospitals licensed by the State Department of Health shall 
be exempt from certification requirements. In addition, licensed 
physicians, licensed psychologists, licensed social workers, 
individual members of the clergy, licensed marital and family 
therapists, registered nurses, licensed behavioral practitioners, 
and licensed professional counselors shall be exempt from 
certification requirements; provided, however, these exemptions 
shall only apply to individual professional persons in their private 
practices and not to any eating disorder treatment program operated 
by such person. 
E. The Department of Mental Health and Substance Abuse Services 
is authorized to establish and collect certification and renewal 
fees for certification of eating disorder treatment programs as 
provided in Section 3-324 of this title. 
F. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
G. No eating disorder 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. 
Added by Laws 2005, c. 195, § 16, eff. Nov. 1, 2005. Amended by 
Laws 2006, c. 97, § 7, eff. Nov. 1, 2006; Laws 2007, c. 130, § 4, 
eff. Nov. 1, 2007; Laws 2010, c. 287, § 16, eff. Nov. 1, 2010. 
 
§43A-3-321. Eating disorder treatment program - Injunction. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 74 
A. The Attorney General, the Department of Mental Health and 
Substance Abuse Services, or any district attorney may bring an 
action for an injunction against any eating disorder treatment 
program found to be in violation of the provisions of Section 16 of 
this act, or any order or determination of the Department. 
B. In any action for an injunction brought pursuant to the 
provisions of this section, any findings of the Department, after 
hearing and due notice, shall be prima facie evidence of the facts 
found therein. 
Added by Laws 2005, c. 195, § 17, eff. Nov. 1, 2005. 
 
§43A-3-322. Certified Gambling Addiction Treatment Programs. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of gambling 
addiction treatment programs and for private facilities and 
organizations which offer gambling addiction treatment services in 
this state. These facilities and organizations shall be known as 
“Certified Gambling Addiction Treatment Programs”. 
B. Applications for certification as a certified gambling 
addiction treatment program, pursuant to the provisions of this 
section, shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, may certify the program for a period of 
three (3) years, subject to renewal as provided in rules promulgated 
by the Board. Nothing in this section shall preclude the Department 
from making inspection visits to a program to determine program 
compliance. 
C. Hospitals licensed by the State Department of Health shall 
be exempt from certification requirements. In addition, licensed 
physicians, licensed psychologists, licensed social workers, 
individual members of the clergy, licensed marital and family 
therapists, registered nurses, licensed behavioral practitioners, 
and licensed professional counselors shall be exempt from 
certification requirements; provided, however, these exemptions 
shall only apply to individual professional persons in their private 
practices and not to any gambling addiction treatment program 
operated by the person. 
D. Facilities providing services for gambling addiction shall 
comply with standards promulgated by the Board; provided, that the 
certification requirements and standards shall not apply to programs 
and services offered by other state agencies. The gambling 
addiction treatment programs certified pursuant to the provisions of 
this section shall cooperate with inspection personnel of the state 
and shall promptly file all reports required by the Department. 
Failure to comply with rules and standards of the Board shall be 
 
Oklahoma Statutes - Title 43A. Mental Health Page 75 
ground for revocation of certification, after proper notice and 
hearing. 
E. The Department of Mental Health and Substance Abuse Services 
is authorized to establish and collect certification and renewal 
fees for certification of gambling addiction treatment programs as 
provided in Section 3-324 of this title. 
F. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
G. No gambling addiction 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. 
Added by Laws 2005, c. 195, § 18, eff. Nov. 1, 2005. Amended by 
Laws 2006, c. 97, § 8, eff. Nov. 1, 2006; Laws 2007, c. 130, § 5, 
eff. Nov. 1, 2007; Laws 2010, c. 287, § 17, eff. Nov. 1, 2010. 
 
§43A-3-322a. Problem Gambling Treatment Counselors - Certification. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of Problem 
Gambling Treatment Counselors who are: 
1. Employed by the state; 
2. Employed by behavioral services providers contracting with 
the state to provide behavioral health services; 
3. Employed by a tribe or tribal facility that provides 
behavioral health services; or 
4. Employed by an Oklahoma Department of Veterans Affairs or a 
United States Department of Veterans Affairs facility. 
B. Such rules and standards shall address criteria for 
certification and renewal, including minimum education requirements, 
examination and supervision requirements, continuing education 
requirements, and rules of professional conduct. 
C. Application for certification as a Problem Gambling 
Treatment Counselor shall be made to the Department of Mental Health 
and Substance Abuse Services on prescribed forms authorized by the 
Department. The Board, or the Commissioner of Mental Health and 
Substance Abuse Services upon delegation by the Board, may certify 
the Problem Gambling Treatment Counselor for a period of two (2) 
years subject to renewal as provided in the rules promulgated by the 
Board. 
D. The Board is authorized to establish an application and 
renewal fee of no more than One Hundred Dollars ($100.00) to defray 
the costs incurred in the certification process. 
E. Problem Gambling Treatment Counselors certified by the Board 
or the Commissioner shall only use the title "Problem Gambling 
Treatment Counselor" if employed by the state, employed by 
behavioral services providers contracting with the state to provide 
 
Oklahoma Statutes - Title 43A. Mental Health Page 76 
behavioral health services, employed by a tribe or tribal facility 
that provides behavioral health services or employed by an Oklahoma 
Department of Veterans Affairs or a United States Department of 
Veterans Affairs facility. 
F. This section shall not be construed to permit the certified 
Problem Gambling Treatment Counselor to practice any of the 
following professions or use the following titles unless also 
licensed or accredited by the appropriate authority: 
1. Physician; 
2. Psychologist; 
3. Clinical social worker; 
4. Professional counselor; 
5. Marital and family therapist; 
6. Behavioral practitioner; or 
7. Alcohol and drug counselor. 
G. Failure to comply with the rules and standards promulgated 
by the Board shall be grounds for revocation, suspension or 
nonrenewal of certification. 
H. No Problem Gambling Treatment Counselor shall operate or 
continue to operate as a Problem Gambling Treatment Counselor unless 
the Problem Gambling Treatment Counselor complies with the rules 
promulgated by the Board and is certified as required by this 
section. 
Added by Laws 2021, c. 246, § 1, eff. Nov. 1, 2021. 
 
§43A-3-323. Gambling addiction treatment program - Injunction. 
A. The Attorney General, the Department of Mental Health and 
Substance Abuse Services, or any district attorney may bring an 
action for an injunction against any gambling addiction treatment 
program found to be in violation of the provisions of Section 18 of 
this act, or any order or determination of the Department. 
B. In any action for an injunction brought pursuant to the 
provisions of this section, any findings of the Department, after 
hearing and due notice, shall be prima facie evidence of the facts 
found therein. 
Added by Laws 2005, c. 195, § 19, eff. Nov. 1, 2005. 
 
§43A-3-323A. Mental Illness Service Program - Certification. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for certification of a facility 
or organization that desires to be certified as a “Mental Illness 
Service Program”. 
B. Applications for certification as a mental illness service 
program shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, may certify mental illness service programs 
 
Oklahoma Statutes - Title 43A. Mental Health Page 77 
for a period of three (3) years, subject to renewal as provided in 
the rules promulgated by the Board. 
C. The Department of Mental Health and Substance Abuse Services 
is authorized to establish and collect certification and renewal 
fees for certification of mental illness service programs as 
provided in Section 3-324 of Title 43A of the Oklahoma Statutes. 
D. A certified mental illness service program 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; or 
3. Approved medical and professional standards as determined by 
the Board. 
E. Failure to comply with rules and standards promulgated by 
the Board shall be grounds for revocation, suspension or nonrenewal 
of certification. 
Added by Laws 2011, c. 32, § 1, eff. Nov. 1, 2011. 
 
§43A-3-324. Certification and renewal fees. 
A. The Department of Mental Health and Substance Abuse Services 
is hereby authorized to establish and collect certification and 
renewal fees for certification of any program the Department is 
authorized by law to certify, to defray the costs incurred in the 
certification and renewal inspections and procedures. 
B. The application and renewal fees for certification shall not 
exceed One Thousand Dollars ($1,000.00) per certification. 
Added by Laws 2006, c. 97, § 9, eff. Nov. 1, 2006. Amended by Laws 
2017, c. 209, § 1, eff. Nov. 1, 2017. 
 
§43A-3-325. Contracts with public and private entities to provide 
services. 
A. The Department of Mental Health and Substance Abuse Services 
is hereby authorized to contract with public and private entities it 
certifies, as required by law, for the purpose of providing 
treatment, evaluation, prevention and other services related to the 
duties of the Department set forth in this title. 
B. The Department of Mental Health and Substance Abuse Services 
shall not enter into a contract with any of the following programs 
unless such program has been certified by the Department pursuant to 
the provisions of this title: 
1. Community mental health centers; 
2. Community residential mental health programs; 
3. Programs of assertive community treatment; 
4. Eating disorder treatment programs; 
5. Gambling addiction treatment programs; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 78 
6. Programs providing alcohol or drug abuse treatment services 
as set forth under the Oklahoma Alcohol and Drug Abuse Services Act; 
7. Community-based structured crisis centers; and 
8. Mental health facilities. 
Added by Laws 2006, c. 97, § 10, eff. July 1, 2006. Amended by Laws 
2007, c. 130, § 6, eff. Nov. 1, 2007; Laws 2016, c. 177, § 6, eff. 
Nov. 1, 2016. 
 
§43A-3-326. Peer recovery support specialists. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules for certification of peer recovery support 
specialists who are: 
1. Employed by the state; 
2. Employed by a behavioral services provider contracting with 
the state to provide behavioral health services; 
3. Employed by a behavioral services provider certified by the 
Department of Mental Health and Substance Abuse Services. Provided, 
however, that certification as a peer recovery support specialist 
pursuant to this subsection shall be limited to providing services 
within the employer's area of certification; 
4. Employed by a tribe or a tribal facility that provides 
behavioral health services; or 
5. Employed by an Oklahoma Department of Veterans Affairs or a 
United States Department of Veterans Affairs facility. 
B. Such rules shall address criteria for certification and 
renewal, including minimum education requirements, examination and 
supervision requirements, continuing education requirements, and 
rules of professional conduct. 
C. Application for certification as a peer recovery support 
specialist shall be made to the Department of Mental Health and 
Substance Abuse Services on prescribed forms. The Board, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, may certify the peer recovery support 
specialist for a period of two (2) years subject to renewal as 
provided in the rules promulgated by the Board. 
D. The Board is authorized to establish an application and 
renewal fee of no more than One Hundred Dollars ($100.00) to defray 
the costs incurred in the certification process. 
E. A peer recovery support specialist certified by the Board or 
the Commissioner shall only use the title "certified peer recovery 
support specialist" if employed by the state, employed by behavioral 
services providers contracting with or certified by the state to 
provide behavioral health services, employed by a tribe or tribal 
facility that provides behavioral health services or employed by an 
Oklahoma Department of Veterans Affairs or a United States 
Department of Veterans Affairs facility. This section shall not be 
construed to permit the certified peer recovery support specialist 
 
Oklahoma Statutes - Title 43A. Mental Health Page 79 
to practice any of the following professions or use the following 
titles unless also licensed or accredited by the appropriate 
authority: 
1. Physician; 
2. Psychologist; 
3. Clinical social worker; 
4. Professional counselor; 
5. Marital and family therapist; 
6. Behavioral practitioner; or 
7. Alcohol and drug counselor. 
F. No peer recovery support specialist shall operate or 
continue to operate as a peer recovery support specialist unless the 
peer recovery support specialist complies with the rules promulgated 
by the Board and is certified as required by this section. 
G. Failure to comply with rules promulgated by the Board shall 
be grounds for revocation, suspension, or nonrenewal of 
certification. 
Added by Laws 2010, c. 287, § 18, eff. Nov. 1, 2010. Amended by 
Laws 2013, c. 335, § 2, eff. Nov. 1, 2013; Laws 2017, c. 111, § 2, 
eff. Nov. 1, 2017. 
 
§43A-3-327. Effective period for Department of Mental Health and 
Substance Abuse Services certifications. 
All certifications issued by the Department of Mental Health and 
Substance Abuse Services shall only be effective for the time period 
specified by rules and standards promulgated by the Board of Mental 
Health and Substance Abuse Services or specifically enumerated in 
Title 43A of the Oklahoma Statutes. Unless a renewal of 
certification has been issued in accordance with the rules and 
standards promulgated by the Board, certifications shall be deemed 
expired as a matter of law. No further action by the Department 
shall be required to remove an expired certification. 
Added by Laws 2010, c. 287, § 19, eff. Nov. 1, 2010. 
 
§43A-3-328. Crisis intervention support for law enforcement, 
firefighter, emergency medical and corrections communities. 
A. Subject to the availability of funds, the Department of 
Mental Health and Substance Abuse Services is hereby directed to 
contract with public and private entities located in the State of 
Oklahoma for the purpose of providing peer support crisis 
intervention, counseling and wellness for the law enforcement, 
firefighter, emergency medical and corrections communities impacted 
by trauma, cumulative stress, anxiety, addictions, death and suicide 
and the impact on their personal lives. 
B. Qualified crisis intervention training entities shall 
provide peer support teams trained in crisis intervention and 
wellness strategies. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 80 
C. Qualified crisis intervention training entities, as provided 
for in this section, shall be required to be derived from the 
International Critical Incident Stress Foundation (ICISF) and shall 
employ the Critical Incident Stress Management (CISM) crisis 
intervention process. All instructors that teach the Critical 
Incident Stress Management process shall be ICISF approved 
instructors. 
D. Wellness strategies, required pursuant to this section, 
shall include, but not be limited to, resilience trainings related 
to resiliency for the job, emotional survival, substance abuse 
prevention, suicide prevention, financial and relationship 
strategies. Wellness training shall be taught using subject matter 
experts' curriculum. 
Added by Laws 2021, c. 304, § 1, eff. Nov. 1, 2021. 
 
§43A-3-335. Behavioral health certification or license applicants 
and renewals — Required information. 
A. As used in this section: 
1. "Board" means any of the following: 
a. the State Board of Examiners of Psychologists, 
b. the State Board of Behavioral Health Licensure, 
c. the Oklahoma State Board of Licensed Social Workers, 
or 
d. the Oklahoma Board of Licensed Alcohol and Drug 
Counselors; 
2. "Licensed mental health professional" means an individual 
who holds any type of license pursuant to the: 
a. Psychologists Licensing Act, 
b. Psychology Interjurisdictional Compact, 
c. Licensed Professional Counselors Act, 
d. Janet Phillips Act of 2023, 
e. Marital and Family Therapist Licensure Act, 
f. Social Worker's Licensing Act, or 
g. Licensed Alcohol and Drug Counselors Act; and 
3. "Certified mental health professional" means an individual 
who holds any type of certification pursuant to the Unified 
Community Mental Health Services Act. 
B. Every applicant for a behavioral health certification or 
license issued by a designated board shall provide the following 
information: 
1. Demographic information, including race, ethnicity, gender, 
date of birth, and languages spoken; 
2. Educational background, training information, internship 
information, if applicable, and location of internship or program 
attended; and 
3. If the applicant has any other mental health certifications 
or licenses. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 81 
C. Every mental health professional who is renewing a 
behavioral health certification or license issued by a designated 
board shall report the following information: 
1. Changes to demographic information required upon initial 
application for licensure or certification; 
2. Workforce retention information, including, but not limited 
to, anticipated changes in licensure status or retirement; and 
3. Workforce practice trends, including, but not limited to: 
a. practice specialization, if applicable, 
b. practice location and physical address, if applicable, 
c. service delivery area, by county, 
d. if the licensee is currently using their license and 
if its average use is between one (1) through ten 
(10), eleven (11) through twenty (20), twenty-one (21) 
through thirty (30), or over thirty-one (31) hours of 
client-facing hours per week, and 
e. the use of telehealth. 
D. The boards designated in subsection A of this section shall 
promulgate rules to effectuate the provisions of this section. 
E. The boards designated in subsection A of this section shall 
furnish de-identified annual licensure and certification data to the 
Oklahoma Department of Mental Health and Substance Abuse Services. 
F. The Oklahoma Department of Mental Health and Substance Abuse 
Services shall compile the de-identified information collected in 
this section into an annual report. The report shall not contain 
any personal identifying information. The annual report shall be 
posted on the agency's website and submitted to the President Pro 
Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma 
House of Representatives, and the chairs of the committees with 
responsibility over public health in both chambers of the 
Legislature. 
G. Nothing in this section shall be interpreted to expand the 
amount of public-facing data about Oklahoma's individual behavioral 
health licensees. 
Added by Laws 2024, c. 202, § 1, eff. Nov. 1, 2024. 
 
§43A-3-401. Citation. 
Sections 3-401 through 3-429 of the Mental Health Law shall be 
known and may be cited as the "Oklahoma Alcohol and Drug Abuse 
Services Act". 
Added by Laws 1978, c. 64, § 1. Amended by Laws 1983, c. 134, § 1, 
eff. July 1, 1983; Laws 1986, c. 103, § 36, eff. Nov. 1, 1986. 
Renumbered from § 2100 of Title 63 by Laws 1986, c. 103, § 104, eff. 
Nov. 1, 1986. 
 
§43A-3-402. Public policy - Purpose. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 82 
It is hereby declared to be the public policy of this state to 
recognize alcoholism and drug abuse as illnesses and public health 
problems affecting the health, safety, morals, economy and general 
welfare of the state; to recognize alcoholism and drug abuse as 
illnesses subject to medical treatment and other therapeutic 
intervention and abatement; and to recognize that the sufferer of 
alcoholism and drug abuse is entitled to treatment and 
rehabilitation. The purpose of this act is to establish means 
whereby the appropriate resources of this state may be most fully 
and effectively focused upon the problems of alcoholism and drug 
abuse and utilized in implementing programs for the control and 
treatment of these illnesses. 
Added by Laws 1968, c. 130, § 1, emerg. eff. April 8, 1968. Amended 
by Laws 1974, c. 137, § 1, emerg. eff. May 3, 1974; Laws 1978, c. 
64, § 2; Laws 1983, c. 134, § 2, eff. July 1, 1983. Renumbered from 
§ 2101 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. 
 
§43A-3-403. Definitions. 
As used in the Oklahoma Alcohol and Drug Abuse Services Act: 
1. "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 
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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 83 
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 
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. The terms do not 
include residential substance abuse centers which are facilities 
that provide treatment for consumers in a live-in setting that 
provides a regimen consisting of twenty-four (24) treatment hours 
per week; 
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; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 84 
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 organization, association, facility 
or program that offers services within a context of religious 
beliefs that are articulated by the organization's, association's, 
facility's or program's mission statement, affiliations, or 
sponsoring entities. 
Added by Laws 1974, c. 137, § 3, emerg. eff. May 3, 1974. Amended 
by Laws 1978, c. 64, § 3; Laws 1983, c. 134, § 4, eff. July 1, 1983; 
Laws 1986, c. 103, § 37, eff. Nov. 1, 1986. Renumbered from § 2110 
of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended 
by Laws 1987, c. 225, § 43, eff. Nov. 1, 1987; Laws 1990, c. 51, § 
76, emerg. eff. April 9, 1990; Laws 2001, c. 186, § 10, eff. Nov. 1, 
2001; Laws 2002, c. 230, § 17, eff. Nov. 1, 2002; Laws 2002, c. 488, 
§ 20, eff. Nov. 1, 2002; Laws 2003, c. 46, § 18, emerg. eff. April 
8, 2003; Laws 2003, c. 196, § 4, emerg. eff. May 7, 2003; Laws 2006, 
c. 97, § 11, eff. Nov. 1, 2006; Laws 2013, c. 213, § 3, eff. Nov. 1, 
2013; Laws 2017, c. 303, § 1, eff. Nov. 1, 2017. 
NOTE: Laws 2002, c. 230, § 17 repealed by Laws 2003, c. 46, § 41, 
emerg. eff. April 8, 2003. 
 
§43A-3-404. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-405. Expenditure of funds. 
The Commissioner of the Department of Mental Health and 
Substance Abuse Services may use any monies appropriated to the 
agency to fund or assist in funding expenditures of the Board of 
Mental Health and Substance Abuse Services which are necessary to 
perform the duties imposed upon the Board by law. 
Added by Laws 1984, c. 237, § 16, operative July 1, 1984. 
Renumbered from § 2109.1 of Title 63 by Laws 1986, c. 103, § 104, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 78, emerg. eff. 
April 9, 1990; Laws 2002, c. 488, § 21, eff. Nov. 1, 2002. 
 
§43A-3-406. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. 
 
§43A-3-406.1. Purchase of alcohol and drug therapy. 
A. Until June 30, 2013, the Department of Mental Health and 
Substance Abuse Services and the Oklahoma Health Care Authority 
shall continue to purchase, on a fee-for-service basis, therapy 
provided by certified alcohol and drug counselors, as defined in 
Chapter 43B, Section 1871 of Title 59 of the Oklahoma Statutes, 
provided such therapy is provided by certified alcohol and drug 
 
Oklahoma Statutes - Title 43A. Mental Health Page 85 
counselors employed from organizations or individuals under contract 
with the Department of Mental Health and Substance Abuse Services or 
the Oklahoma Health Care Authority. 
B. Nothing in this section shall prohibit the Board of Mental 
Health and Substance Abuse Services or the Oklahoma Health Care 
Authority Board from initiating or terminating contracts with 
certified substance abuse providers, establishing contract limits, 
developing or modifying reimbursement schedules, or otherwise 
managing appropriated resources on behalf of the state. 
Added by Laws 2010, c. 417, § 4, eff. Nov. 1, 2010. 
 
§43A-3-407. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
NOTE: Prior to repeal this section was amended by Laws 2002, c. 
207, § 1 to read as follows: 
A. The Therapeutic Advisory Council for Drug Abuse Prevention, 
as authorized under Section 653.11 et seq. of this title, and the 
Alcoholism Advisory Council, as authorized by Section 2115 et seq. 
of Title 63 of the Oklahoma Statutes, are hereby abolished. The 
Advisory Council on Alcohol and Drug Abuse is hereby re-created, to 
continue until July 1, 2008, in accordance with the provisions of 
the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the 
Oklahoma Statutes. 
1. The Advisory Council shall consist of fifteen (15) voting 
members, to be selected by the Board of Mental Health and Substance 
Abuse Services. Initial appointments shall be made from among the 
current appointive members of the two former councils; 
2. For the initial appointment, the Board shall designate five 
members for a term of one (1) year, five members for a term of two 
(2) years, and five members for a term of three (3) years. 
Thereafter, all members shall be appointed for a term of three (3) 
years and vacancies shall be filled only to the expiration of the 
remaining term. Members shall be eligible for reappointment; 
3. After the initial appointment, members shall be selected by 
the Board on a statewide basis to ensure geographical distribution 
and shall be representative of both professional and lay citizens 
interested in the problem of alcoholism, drug dependence and other 
substance abuse; 
4. The Board may from time to time appoint permanent ex officio 
nonvoting members consisting of directors of public agencies or 
their designees, who shall serve at the pleasure of the Board; and 
5. Members shall be reimbursed for their travel expenses in 
accordance with the provisions of the State Travel Reimbursement 
Act. 
B. The Council shall meet monthly at a location designated by 
the Board. 
C. The Council shall advise the Board relating to: 
1. Facility certification policies and procedures; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 86 
2. Formulation of long-range plans for development of adequate 
services and facilities for the prevention and treatment of 
alcoholism, drug dependence and other forms of substance abuse; 
3. The promotion, development, establishment, coordination and 
conduct of unified programs for prevention, diagnosis, treatment and 
rehabilitation in the field of alcoholism, drug dependence and other 
forms of substance abuse; and 
4. The evaluation of existing or planned programs. 
 
§43A-3-408. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-409. Repealed by Laws 1986, c. 277, § 32, eff. Nov. 15, 
1986. 
 
§43A-3-410. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-411. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-412. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-413. Repealed by Laws 1996, c. 354, § 55, eff. Nov. 1, 1996. 
 
§43A-3-414. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. 
 
§43A-3-415. Certified Services for the Alcohol and Drug Dependent – 
Exemptions – Fees to defray costs – Financial information of 
applicants. 
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 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 Alcohol- and 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 
 
Oklahoma Statutes - Title 43A. Mental Health Page 87 
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 not more than 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, licensed alcohol or drug abuse 
counselors 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; 
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; 
5. Programs conducted and facilities operated by the Salvation 
Army; 
6. Faith-based, nonresidential recovery programs; 
7. Residential recovery-based programs with a resident capacity 
of less than twelve; 
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; or 
9. Services provided by a health center as defined in the 
Public Health Service Act, 42 U.S.C., Section 254b, except for 
services listed in Levels 2.1 through 4 of the Levels of Care 
described in the American Society of Addiction Medicine Criteria. 
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: 
 
Oklahoma Statutes - Title 43A. Mental Health Page 88 
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. 
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 drug-
dependent 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. 
Added by Laws 1974, c. 137, § 7, emerg. eff. May 3, 1974. Amended 
by Laws 1983, c. 134, § 8, eff. July 1, 1983; Laws 1984, c. 23, § 1, 
eff. Nov. 1, 1984. Renumbered from § 2114 of Title 63 by Laws 1986, 
c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 1990, c. 223, § 
1, emerg. eff. May 17, 1990; Laws 1992, c. 209, § 1, emerg. eff. May 
15, 1992; Laws 2002, c. 488, § 24, eff. Nov. 1, 2002; Laws 2005, c. 
150, § 17, emerg. eff. May 9, 2005; Laws 2006, c. 16, § 22, emerg. 
eff. March 29, 2006; Laws 2006, c. 97, § 12, eff. Nov. 1, 2006; Laws 
2010, c. 287, § 20, eff. Nov. 1, 2010; Laws 2013, c. 213, § 4, eff. 
Nov. 1, 2013; Laws 2018, c. 310, § 1, eff. Nov. 1, 2018; Laws 2021, 
c. 25, § 1, eff. Nov. 1, 2021. 
NOTE: Laws 1990, c. 51, § 83 repealed by Laws 1990, c. 337, § 26. 
Laws 2002, c. 473, § 8 repealed by Laws 2003, c. 196, § 7, emerg. 
eff. May 7, 2003. Laws 2005, c. 195, § 20 repealed by Laws 2006, c. 
16, § 23, emerg. eff. March 29, 2006. 
 
§43A-3-416. Standards - Treatment services and rules of operation - 
Guidelines. 
In establishing standards for treatment services and rules of 
operation, the Authority and approved treatment facilities shall be 
guided by the following standards: 
1. If possible a consumer shall be treated on a voluntary 
rather than an involuntary basis. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 89 
2. A consumer shall be initially referred to outpatient 
treatment or intermediate care unless he is found to require 
inpatient treatment. 
3. A person shall not be denied treatment solely because he has 
withdrawn from treatment against medical advice on a prior occasion 
or because he has relapsed after earlier treatment. 
4. No person shall be refused treatment because of sex or age 
unless the approved treatment facility which refuses treatment 
refers the person to another approved treatment facility with which 
it has a written referral agreement and which provides services 
appropriate to the person’s sex or age group. 
5. Restrictions on acceptance of persons by an approved 
treatment facility shall be published by the facility and made 
available to the public. 
6. An individualized treatment plan shall be prepared and 
maintained on a current basis for each consumer. 
7. Family members of the consumer shall be included in the 
treatment services when possible and appropriate. 
8. Community-based treatment shall be encouraged and emphasized 
to make treatment available to persons in their home communities. 
9. Consumers shall be encouraged to agree to such further 
diagnosis and treatment as will be of benefit to them. 
Added by Laws 1978, c. 64, § 8. Renumbered from § 2125 of Title 63 
by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 
2005, c. 150, § 18, emerg. eff. May 9, 2005. 
 
§43A-3-417. Health and safety standards. 
A. In addition to the standards for treatment services and 
rules of operation required by Section 3-416 of this title, the 
Department of Mental Health and Substance Abuse Services shall 
establish physical facility standards, fire safety standards and 
such other health and safety standards for halfway houses and 
transitional living facilities as necessary. 
B. The Department of Mental Health and Substance Abuse Services 
shall ensure that the standards required by Section 3-415 of this 
title include specific physical facility standards providing for 
facilities that provide substance abuse treatment services to 
pregnant women and women with children when the children also reside 
at the facility. 
Added by Laws 1974, c. 137, § 10, emerg. eff. May 3, 1974. Amended 
by Laws 1983, c. 134, § 10, eff. July 1, 1983; Laws 1986, c. 103, § 
44, eff. Nov. 1, 1986. Renumbered from § 2117 of Title 63 by Laws 
1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 1987, c. 
225, § 44, eff. Nov. 1, 1987; Laws 1990, c. 295, § 1, operative July 
1, 1990; Laws 1994, c. 327, § 3, eff. Sept. 1, 1994; Laws 2002, c. 
230, § 18, eff. Nov. 1, 2002. 

Oklahoma Statutes - Title 43A. Mental Health Page 90 
§43A-3-417.1. Transitional living centers and halfway houses – 
Nondiscriminatory zoning laws. 
Any transitional living center or halfway house, as defined in 
Section 3-403 of this title, shall be subject to the 
nondiscriminatory zoning laws of the state, county or municipality 
in which located, and the location of such facility is specifically 
prohibited within one thousand (1,000) feet of any public or private 
elementary or secondary school. Provided, that if any public or 
private elementary or secondary school shall be established within 
the prohibited distance from any such facility after such facility 
has been in use as a transitional living center or halfway house, 
this shall not be a bar to the continued use of the facility as 
designated so long as it remains in continuous use as designated. 
The distance indicated in this section shall be measured from the 
nearest property line of the school to the nearest property line of 
the transitional living center or halfway house. The provisions of 
this section shall not apply to any transitional living center or 
halfway house established prior to the effective date of this act. 
Added by Laws 1994, c. 213, § 3, emerg. eff. May 20, 1994. Amended 
by Laws 2002, c. 230, § 19, eff. Nov. 1, 2002; Laws 2003, c. 46, § 
19, emerg. eff. April 8, 2003; Laws 2015, c. 328, § 1, eff. July 1, 
2015. 
 
§43A-3-418. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-419. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-420. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-421. Repealed by Laws 2001, c. 186, § 17, eff. Nov. 1, 2001. 
 
§43A-3-422. Repealed by Laws 2010, c. 287, § 31, eff. Nov. 1, 2010. 
 
§43A-3-423. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-424. Visitation privileges - Mail or other communication - 
Telephones. 
A. Subject to the restrictions imposed by subsection B of this 
section, a consumer in an inpatient or residential mental health or 
substance abuse facility has the right to: 
1. Receive a reasonable number of visitors at reasonable times; 
2. Reasonable access to make and receive telephone calls; 
3. Communicate by uncensored and sealed mail; and 
4. Writing materials and reasonable amounts of postage if 
unable to procure the same. 
B. The rights provided in subsection A of this section are 
subject to the general rules of the facility and may be restricted 
 
Oklahoma Statutes - Title 43A. Mental Health Page 91 
by the treatment team ultimately responsible for the consumer’s 
treatment to the extent that the restriction is necessary to the 
consumer’s welfare, to protect another person, or to the security of 
the facility; provided, however, the right to communicate with legal 
counsel, a treatment advocate, or the Department may not be denied. 
C. If a restriction is imposed under this section, the reasons 
for the restriction and the duration of the restriction shall be 
documented in the consumer’s clinical record. The treatment team 
shall inform the consumer, the treatment advocate, and, if 
appropriate, the consumer’s parent or guardian of the clinical 
reasons for the restriction and the duration of the restriction. 
Added by Laws 1978, c. 64, § 23. Renumbered from § 2140 of Title 63 
by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 
2004, c. 113, § 11, eff. Nov. 1, 2004; Laws 2010, c. 287, § 21, eff. 
Nov. 1, 2010. 
 
§43A-3-425. Alcohol- and drug-dependent person with associated 
medical problems - Treatment. 
Any alcohol- and drug-dependent person with associated medical 
problems will be treated by appropriate medical facilities such as a 
duly licensed general hospital. 
Added by Laws 1974, c. 137, § 6, emerg. eff. May 3, 1974. Amended 
by Laws 1983, c. 134, § 7, eff. July 1, 1983. Renumbered from § 
2113 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. 
 
§43A-3-425.1. HIV education, testing and counseling services. 
Every approved treatment facility in this state shall: 
1. Provide Human Immunodeficiency Virus (H.I.V.) infection 
education sessions to drug-dependent persons in such facility and 
shall make said education sessions available to the spouses or other 
sexual partners of such persons as part of its treatment program for 
drug-dependent persons; and 
2. Refer all drug-dependent persons in its program for Human 
Immunodeficiency Virus (H.I.V.) infection testing and counseling. 
The treatment facility shall provide assistance as necessary to 
enable drug-dependent persons in its program to receive said testing 
and counseling services and may enter into a contract with a public 
or private organization for the provision of testing or counseling 
services at the treatment facility site. The results of individual 
tests shall be maintained in a confidential manner as required by 
state and federal law. 
Added by Laws 1988, c. 79, § 1, eff. Nov. 1, 1988. 
 
§43A-3-426. Fees and costs - Payment. 
A. If treatment is provided by an approved treatment facility 
to a consumer admitted under the provisions of this act and the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 92 
consumer has not paid the fees charged for such treatment, the 
approved treatment facility is entitled to any payment received: 
1. By the consumer to which he is entitled because of the 
services rendered; and 
2. From any public or private source available to the facility 
because of the treatment provided to the consumer. 
B. A consumer admitted to an approved treatment facility under 
the provisions of this act, the estate of the consumer or a person 
obligated by law to pay for the treatment of the consumer, and 
financially able to do so, is liable to the approved treatment 
facility for the cost of maintenance and treatment of the consumer 
in the facility in accordance with the published rates. 
C. The administrator of the facility shall adopt rules 
governing financial ability to pay for maintenance and treatment 
which take into consideration the income, savings and other personal 
and real property of the person required to pay, and any support 
being furnished by him to any person he is required by law to 
support. Rates shall be published by the facility in accordance 
with regulations of the Authority adopted under the provisions of 
the Administrative Procedures Act. 
Added by Laws 1978, c. 64, § 25. Renumbered from § 2142 of Title 63 
by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 
2005, c. 150, § 19, emerg. eff. May 9, 2005. 
 
§43A-3-427. Alcohol- or drug-dependent person deemed mentally ill. 
Any alcohol- or drug-dependent person who is also deemed to be a 
mentally ill person as defined in the mental health laws of this 
state is subject to all provisions of the mental health laws 
governing admission and disposition of mentally ill persons. 
Added by Laws 1974, c. 137, § 5, emerg. eff. May 3, 1974. Amended 
by Laws 1983, c. 134, § 6, eff. July 1, 1983. Renumbered from § 
2112 of Title 63 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. 
 
§43A-3-428. Intoxicated person in public place - Assistance - 
Protective custody - Detention. 
A. An intoxicated person in a public place who appears to be in 
need of help, if the person consents to the offered help, may be 
assisted to: 
1. His or her home; 
2. An alternative facility pursuant to the provisions of this 
section; or 
3. An approved treatment or evaluation facility by a peace 
officer or an emergency service patrol. 
B. 1. A person who appears to be intoxicated, and as a result 
of such intoxication is unconscious in a public place or reasonably 
appears to be in danger of harming himself or herself or others, may 
be taken into protective custody by a peace officer or an emergency 
 
Oklahoma Statutes - Title 43A. Mental Health Page 93 
service patrol and immediately brought to an approved treatment 
facility for medical or nonmedical detoxification. 
2. The peace officer or the emergency service patrol, in 
detaining the person and taking the person to an approved treatment 
facility, is taking the person into protective custody and shall 
make every reasonable effort to protect the person’s health and 
safety. 
3. In taking the person into protective custody, the detaining 
officer may take reasonable steps for self-protection. No record 
shall be made which indicates that the person has been arrested or 
charged with a crime. 
C. 1. If the Department of Mental Health and Substance Abuse 
Services, or the governing body of any municipality, has approved a 
program alternative to statutory or municipal requirements of 
prosecution and imprisonment of such person, until the capacity to 
accommodate intoxicated persons has been exceeded in the facility 
wherein such alternative program is located, the arresting officer 
and other public officials involved in an arrest pursuant to this 
section shall utilize such alternative treatment program upon the 
voluntary approval of the intoxicated person and the receiving 
facility rather than proceed under the statutory or municipal laws 
pertaining to prosecution and imprisonment of intoxicated persons. 
2. A facility in which the program is located may make 
application to the Department of Mental Health and Substance Abuse 
Services for approval, but no such program or facility wherein such 
program is located shall claim or advertise to be a certified 
treatment facility unless duly certified as such by the Department 
of Mental Health and Substance Abuse Services. 
3. All facilities acquiring the approval of an alternative 
program shall establish their own capacity for the number of persons 
to be accommodated in the program. 
4. It shall be the duty of the State Department of Health to 
investigate all complaints concerning general sanitation made in the 
form of a sworn affidavit against such municipally approved 
alternative facilities. 
5. In the event the complaints are found to be true, the State 
Commissioner of Health shall have the power to order improvements or 
closure. 
D. A person who is brought to an alternative facility or an 
approved treatment facility may be admitted as a consumer by the 
administrator in charge of the facility or referred to another 
treatment facility. 
E. 1. A person may not be detained at the approved treatment 
facility when the person either is no longer unconscious, or no 
longer appears likely to be of harm to self or others. 
2. If the person remains unconscious or likely to harm himself 
or herself or others, the person may be detained for no more than 
 
Oklahoma Statutes - Title 43A. Mental Health Page 94 
twelve (12) hours, excluding weekends and legal holidays, after 
admission unless a petition for an order directing the commitment of 
the person to an approved treatment facility has been filed 
according to the Mental Health Law provisions and procedures for 
commitment. The person may consent to remain in the facility as 
long as the administrator or physician in charge believes 
appropriate. 
F. If a person is admitted to an approved treatment facility 
under this section, the person may notify relatives of the admission 
or another person may, with the consent of the admittee, notify 
relatives of the admission. 
G. 1. A person in possession of a controlled dangerous 
substance, as defined in Section 2-101 of Title 63 of the Oklahoma 
Statutes, or in possession of drug paraphernalia, as defined in 
Section 2-405 of Title 63 of the Oklahoma Statutes, who appears to 
be in need of help, and if the person consents to the offered help, 
in lieu of arrest, may be taken to: 
a. an approved drug treatment center, 
b. an approved center for substance abuse evaluation, or 
c. some other facility, as defined in paragraph 1 of 
subsection C of this section, by a law enforcement 
officer. 
2. Any creation of a program as provided in this subsection 
shall be subject to the authority of the appropriate county, 
municipal or tribal governing body and any of its subsidiaries. The 
Department of Mental Health and Substance Abuse Services has the 
authority to approve or disapprove individual treatment centers as 
described in this subsection. 
3. The creation of any program as provided in this subsection 
must be created with the advice and consent of the county’s district 
attorney and must be approved annually by the county’s district 
attorney. 
Added by Laws 1978, c. 64, § 10. Amended by Laws 1986, c. 103, § 
47, eff. Nov. 1, 1986. Renumbered from § 2127 of Title 63 by Laws 
1986, c. 103, § 104, eff. Nov. 1, 1986. Amended by Laws 1990, c. 
51, § 84, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 20, emerg. 
eff. May 9, 2005; Laws 2021, c. 196, § 1, eff. Nov. 1, 2021. 
 
§43A-3-429. Emergency service patrols. 
A. Counties and municipalities may establish emergency service 
patrols. A patrol consists of persons trained to give assistance in 
public places to persons whom the patrol has reasonable grounds to 
believe are intoxicated. Members of an emergency service patrol 
shall be capable of providing first aid in emergency situations and 
may transport intoxicated persons to their homes and to and from 
approved treatment facilities and alternative facilities. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 95 
B. Standards for the establishment, training and conduct of 
emergency service patrols shall be adopted by the county or 
municipality and approved by the alcohol services and drug abuse 
planning body for that region. These standards shall comply with 
the standards of the regional emergency medical services plan. 
Added by Laws 1978, c. 64, § 24. Amended by Laws 1983, c. 134, § 
22, eff. July 1, 1983; Laws 1986, c. 103, § 48, eff. Nov. 1, 1986. 
Renumbered from § 2141 of Title 63 by Laws 1986, c. 103, § 104, eff. 
Nov. 1, 1986. 
 
§43A-3-451. Definitions. 
As used in Sections 3-452 and 3-453 of this title: 
1. "Alcohol and drug substance abuse course" means a course 
certified by the Department of Mental Health and Substance Abuse 
Services designed to inform the offender about alcohol or other 
drugs and driving, and encourages the participants to reassess their 
use of alcohol or other drugs, and driving behavior, in order to 
select practical alternatives. 
2. "Satisfactory completion of a course" means that the 
institution or agency conducting the course certifies to the 
Department of Public Safety that the participant has successfully 
completed the requirements of the course. 
3. "Alcohol and drug substance abuse treatment program" means a 
program designated by the Department of Mental Health and Substance 
Abuse Services for the treatment of alcohol and drug abuse, or 
alcoholism and drug dependency. 
Added by Laws 1978, c. 197, § 1, emerg. eff. April 14, 1978. 
Amended by Laws 1985, c. 204, § 2, eff. Nov. 1, 1985; Laws 1985, c. 
338, § 7, eff. Nov. 1, 1985; Laws 1990, c. 51, § 110, emerg. eff. 
April 9, 1990; Laws 1990, c. 265, § 65, eff. Sept. 1, 1990. 
Renumbered from Title 47, § 11-902.1 by Laws 1990, c. 265, § 77, 
operative July 1, 1990. Amended by Laws 2003, c. 46, § 20, emerg. 
eff. April 8, 2003; Laws 2006, c. 120, § 1, eff. Nov. 1, 2006. 
 
§43A-3-452. Sentence and punishment - Conditional participation in 
alcohol and drug substance abuse course or program. 
Except as otherwise provided by law, in any case in a municipal 
or district court of proper jurisdiction wherein the defendant is 
charged with actual physical control of or operation of a motor 
vehicle while under the influence of or impaired by alcohol or a 
drug, the court may: 
1. Upon a plea of guilty or nolo contendere, or stipulation by 
the defendant, or a verdict, but before a judgment of guilt is 
entered, without entering a judgment of guilt and with the consent 
of the defendant, defer further proceedings upon the condition that 
the defendant enroll in, attend and successfully complete, at his or 
her own expense, an alcohol and drug substance abuse course or an 
 
Oklahoma Statutes - Title 43A. Mental Health Page 96 
alcohol and drug substance abuse treatment program, or both as 
identified by an assessment conducted by a certified assessor; or 
2. Upon a conviction, suspend the execution of sentence, with 
or without probation, upon the condition that the defendant enroll 
in, attend and successfully complete an alcohol and drug substance 
abuse course or an alcohol and drug substance abuse treatment 
program as provided by Section 3-453 of this title. 
Added by Laws 1978, c. 197, § 2, emerg. eff. April 14, 1978. 
Amended by Laws 1985, c. 338, § 8, eff. Nov. 1, 1985; Laws 1990, c. 
265, § 66, eff. Sept. 1, 1990. Renumbered from § 11-902.2 of Title 
47 by Laws 1990, c. 265, § 77, operative July 1, 1990. Amended by 
Laws 1992, c. 382, § 4, emerg. eff. June 9, 1992; Laws 2003, c. 46, 
§ 21, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 5, emerg. eff. 
May 7, 2003; Laws 2005, c. 195, § 21, eff. Nov. 1, 2005; Laws 2013, 
c. 157, § 1, eff. Nov. 1, 2013. 
 
§43A-3-453. Authorized course providers - Fees - Course 
requirements. 
A. Alcohol and drug substance abuse courses shall be offered 
only by nonprofit educational institutions of higher learning, 
governmental or nonprofit organizations. 
B. Enrollment fees for those attending the courses shall be set 
by the Department of Mental Health and Substance Abuse Services and 
shall be within a range of not less than Sixty-five Dollars ($65.00) 
and not more than: 
1. One Hundred Fifty Dollars ($150.00) for a ten-hour course; 
and 
2. Three Hundred Sixty Dollars ($360.00) for a twenty-four-hour 
course. 
C. Ten percent (10%) of each fee collected shall be remitted by 
the institution or organization offering alcohol and drug substance 
abuse courses to the State Treasurer to be credited to the 
Community-based Substance Abuse Revolving Fund in the State Treasury 
and shall be used to provide substance abuse services to the 
indigent or to provide specialized training to alcohol and drug 
substance abuse course facilitators. Five percent (5%) of each fee 
collected by the Department shall be used for the administrative 
costs related to providing such services. 
D. Enrollment in the course shall not be limited to persons 
ordered to enroll, attend and successfully complete the course. 
E. All alcohol and drug substance abuse courses related to 
driver license revocation and course facilitators shall be approved 
and certified by the Department of Mental Health and Substance Abuse 
Services. 
F. The Department of Mental Health and Substance Abuse Services 
is authorized to promulgate rules governing: 
1. Minimum curriculum requirements for such courses; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 97 
2. Facilities, equipment and instructional materials for such 
courses; 
3. Minimum qualifications for course facilitators; 
4. Grounds for reprimand and for revocation, suspension or 
nonrenewal of the authority to conduct such courses and for 
revocation of a facilitator's certification; 
5. Attendance requirements; and 
6. Guidelines for certifying to the Department of Mental Health 
and Substance Abuse Services and the Department of Public Safety 
successful completion of such course. 
G. The Department of Mental Health and Substance Abuse Services 
shall require that each ten-hour course shall be conducted in no 
less than three sessions of no more than three and one-half (3 1/2) 
hours each on three (3) separate days. For a twenty-four-hour 
course, the Department shall require that: 
1. Each such course shall consist of at least twenty-four (24) 
hours; 
2. Each such course shall consist of no more than two (2) hours 
of education on any given day, nor more than four (4) hours in a 
given week, and shall not contain more than ten percent (10%) films 
on any one specialized area; and 
3. No more than twenty-four students shall be allowed in a 
given class. 
H. Any institution or organization authorized under this act to 
conduct an alcohol and drug substance abuse course shall certify to 
the Department of Public Safety all persons who successfully 
complete such course. 
I. Any person participating in a substance abuse treatment 
program recommended as a result of an assessment pursuant to Section 
3-460 of this title shall be required to pay all or part of the 
actual cost incurred for treatment of the person, if the court 
determines the person has the ability to pay for all or part of the 
cost of treatment. The court shall determine the amount of 
reimbursement the person shall pay. 
J. Application fees for certification of course facilitators 
shall be set by the Board of Mental Health and Substance Abuse 
Services to defray the costs of administering the program and shall 
be: 
1. Not less than One Hundred Dollars ($100.00) and not more 
than Two Hundred Dollars ($200.00) upon initial application; and 
2. Not less than Twenty-five Dollars ($25.00) and not more than 
Fifty Dollars ($50.00) upon annual renewal. 
K. The Director of the Office of Management and Enterprise 
Services shall transfer unobligated monies generated from the fees 
in subsection C of this section, deposited before November 1, 2005, 
from the Department of Mental Health and Substance Abuse Services 
 
Oklahoma Statutes - Title 43A. Mental Health Page 98 
Revolving Fund to the Community-based Substance Abuse Revolving 
Fund, in amounts calculated by the Department. 
L. No alcohol or drug substance abuse course shall operate or 
continue to operate unless it is operated in compliance with the 
rules promulgated by the Board and is certified as required by this 
section. 
Added by Laws 1978, c. 197, § 3, emerg. eff. April 14, 1978. 
Amended by Laws 1984, c. 54, § 1, emerg. eff. March 27, 1984; Laws 
1985, c. 204, § 3, eff. Nov. 1, 1985; Laws 1985, c. 338, § 9, eff. 
Nov. 1, 1985; Laws 1987, c. 5, § 156, emerg. eff. March 11, 1987; 
Laws 1990, c. 51, § 111, emerg. eff. April 9, 1990; Laws 1990, c. 
265, § 67, eff. Sept. 1, 1990. Renumbered from § 11-902.3 of Title 
47 by Laws 1990, c. 265, § 77, operative July 1, 1990. Amended by 
Laws 1996, c. 162, § 1, eff. Nov. 1, 1996; Laws 2003, c. 46, § 22, 
emerg. eff. April 8, 2003; Laws 2003, c. 196, § 6, emerg. eff. May 
7, 2003; Laws 2005, c. 195, § 22, eff. Nov. 1, 2005; Laws 2006, c. 
120, § 2, eff. Nov. 1, 2006; Laws 2007, c. 130, § 7, eff. Nov. 1, 
2007; Laws 2008, c. 401, § 8, eff. Nov. 1, 2008; Laws 2010, c. 287, 
§ 22, eff. Nov. 1, 2010; Laws 2012, c. 304, § 151. 
 
§43A-3-453.1. Operating facility without certification - 
Injunction. 
A. The Attorney General, the Department of Mental Health and 
Substance Abuse Services, or the district attorney of the 
appropriate district court may bring an action in a court of 
competent jurisdiction for an injunction against any individual for 
operating an alcohol and drug substance course without the 
appropriate certification by the Department of Mental Health and 
Substance Abuse Services or for a violation of any order or 
determination of the Department. 
B. Any findings of the Department, after hearing and due 
process, in any action for an injunction brought pursuant to this 
section, shall be prima facie evidence of the facts. 
C. The district court for the county where the facility is 
located has jurisdiction to determine the action, to grant the 
necessary injunctive relief and to award attorney’s fees to the 
prevailing party. 
Added by Laws 2004, c. 113, § 12, eff. Nov. 1, 2004. Amended by 
Laws 2005, c. 150, § 21, emerg. eff. May 9, 2005. 
 
§43A-3-453.2. Course facilitator certification - Requirements - 
Time limit. 
A. Each facilitator for an alcohol and drug substance abuse 
course shall be certified by the Department of Mental Health and 
Substance Abuse Services and shall: 
1. Possess a bachelor’s degree in behavioral or health care 
sciences education, psychology, social work or chemical dependency; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 99 
2. Possess at least two (2) years of verifiable full-time-
equivalent experience in the addiction treatment field; 
3. Provide documentation verifying observation of one complete 
alcohol and drug substance abuse course conducted by a certified 
facilitator, which shall be completed and verified to the Department 
prior to attending facilitator training; 
4. Provide proof of attendance at a facilitator training 
session and pass the Department certification examination for the 
ten-hour alcohol and drug substance abuse course facilitator; and 
5. Provide verification of having conducted a complete alcohol 
and drug substance abuse course under the supervision of a certified 
alcohol and drug substance abuse course facilitator or a Department 
representative. 
B. A facilitator for a twenty-four-hour alcohol and drug 
substance abuse course shall meet all the requirements contained in 
paragraphs 1 through 3 of subsection A of this section and shall: 
1. Attend the twenty-four-hour alcohol and drug substance abuse 
course facilitator training session and pass the Department 
certification examination for the twenty-four-hour alcohol and drug 
substance abuse course facilitator; and 
2. Conduct a complete twenty-four-hour alcohol and drug 
substance abuse course under the supervision of a certified alcohol 
and drug substance abuse course facilitator or a Department 
representative. 
C. Alcohol and drug substance abuse course facilitator 
candidates shall be allowed one year to complete all training 
requirements. Failure to meet all requirements within one year 
shall result in denial of certification. To be reconsidered, the 
candidate shall be required to reapply to the Department. 
Added by Laws 2008, c. 401, § 9, eff. Nov. 1, 2008. 
 
§43A-3-460. Driver license revocation - Certification of alcohol 
and drug assessment personnel - Application and assessment fees. 
A. The Department of Mental Health and Substance Abuse Services 
shall certify assessment personnel for the purpose of conducting 
alcohol and drug assessment and evaluation programs related to 
driver license revocation. 
B. Application fees for certification of assessment personnel 
shall be set by the Department to defray the costs of administering 
the program and shall be: 
1. Not less than One Hundred Dollars ($100.00) and not more 
than Two Hundred Dollars ($200.00) upon initial application; and 
2. Not less than Twenty-five Dollars ($25.00) and not more than 
One Hundred Fifty Dollars ($150.00) upon triennial renewal. 
C. The fee for those undergoing an assessment and evaluation 
pursuant to this section shall be One Hundred Sixty Dollars 
($160.00). A fee of Fifteen Dollars ($15.00) shall be remitted by 
 
Oklahoma Statutes - Title 43A. Mental Health Page 100 
the individual undergoing an assessment and evaluation directly to 
the Department of Public Safety pursuant to Section 6-212 of Title 
47 of the Oklahoma Statutes. 
1. The Department of Public Safety shall remit ninety percent 
(90%) of the fifteen-dollar fee collected pursuant to this section 
to the State Treasurer to be credited to the Community-based 
Substance Abuse Revolving Fund in the State Treasury and shall be 
used by the Department of Mental Health and Substance Abuse 
Services. 
2. Ten percent (10%) of each fifteen-dollar fee collected by 
the Department of Public Safety pursuant to this section shall be 
deposited into the Department of Public Safety Restricted Revolving 
Fund, as created in Section 2-145 of Title 47 of the Oklahoma 
Statutes, to be used for administrative costs associated with the 
duties imposed by this section. 
D. The Board of Mental Health and Substance Abuse Services is 
authorized to promulgate such rules as are necessary to implement 
the provisions of Section 3-451 et seq. of this title. Failure to 
comply with rules and standards promulgated by the Board shall be 
grounds for revocation, suspension or nonrenewal of certification. 
E. The Director of the Office of Management and Enterprise 
Services shall transfer any unobligated monies generated by the fees 
in subsection C of this section, deposited before November 1, 2005, 
from the Department of Mental Health and Substance Abuse Services 
Revolving Fund to the Community-based Substance Abuse Revolving 
Fund, in amounts calculated by the Department. 
F. No alcohol or drug assessment personnel shall operate or 
continue to operate as such unless the alcohol or drug assessment 
personnel comply with the rules promulgated by the Board and are 
certified as required by this section. 
Added by Laws 2001, c. 186, § 11, eff. Nov. 1, 2001. Amended by 
Laws 2003, c. 46, § 23, emerg. eff. April 8, 2003; Laws 2005, c. 
195, § 23, eff. Nov. 1, 2005; Laws 2007, c. 130, § 8, eff. Nov. 1, 
2007; Laws 2008, c. 401, § 10, eff. Nov. 1, 2008; Laws 2010, c. 287, 
§ 23, eff. Nov. 1, 2010; Laws 2012, c. 283, § 1, eff. July 1, 2012; 
Laws 2012, c. 304, § 152. 
 
§43a-3-460.1. Performing alcohol and drug assessments without 
certification - Injunction. 
A. The Attorney General, the Department of Mental Health and 
Substance Abuse Services, or the district attorney of the 
appropriate district court may bring an action in a court of 
competent jurisdiction for an injunction against any agency or 
individual for performing alcohol and drug assessments without 
appropriate certification by the Department of Mental Health and 
Substance Abuse Services or for a violation of any order or 
determination of the Department. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 101 
B. In any action for an injunction brought pursuant to this 
section, any findings of the Department, after hearing and due 
process, shall be prima facie evidence of the facts found therein. 
C. The district court for the county where the facility is 
located has jurisdiction to determine the action, to grant the 
necessary injunctive relief and to award attorney’s fees to the 
prevailing party. 
Added by Laws 2004, c. 113, § 13, eff. Nov. 1, 2004. 
 
§43A-3-461. Alcohol and drug substance abuse course assessment - 
Definitions - Certification - Rules and standards. 
A. For purposes of this section: 
1. "ADSAC assessor" means an individual certified by the 
Department of Mental Health and Substance Abuse Services to conduct 
the ADSAC assessment; 
2. "Alcohol and drug substance abuse course ADSAC assessment" 
means an assessment process certified by the Department of Mental 
Health and Substance Abuse Services designed to identify the 
severity of the alcohol or other drug problems, risks of recidivism 
and the most appropriate referral(s) required for license 
reinstatement, including intensity and duration of clinical 
interventions; 
3. "Alcohol and drug substance abuse treatment program" means a 
program certified by the Department of Mental Health and Substance 
Abuse Services for the treatment of alcohol and drug abuse, or 
alcoholism and drug dependency; 
4. "Assessment agency" means an institution or organization 
certified by the Department to provide alcohol and drug assessments 
and evaluations related to driver license revocation; and 
5. "Satisfactory completion of an assessment" means the 
participant has successfully completed the requirements of the 
assessment and the individual conducting the assessment certifies 
the completion of the requirements to the Department of Public 
Safety through the Oklahoma Department of Mental Health and 
Substance Abuse Services. 
B. Alcohol and drug substance abuse course assessments shall be 
offered only by individuals certified by the Department of Mental 
Health and Substance Abuse Services. Each assessor shall be 
certified and shall: 
1. Possess two (2) years or more of verifiable full-time-
equivalent counseling experience in the addiction treatment field; 
2. Provide documentation verifying observation of one complete 
alcohol and drug substance abuse course assessment conducted by a 
certified assessor. Such observation must receive prior 
authorization by the Department; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 102 
3. Provide proof of attendance at an assessor training course 
and pass the Department's certification examination for the alcohol 
and drug substance abuse course assessor; 
4. Provide verification of having conducted a complete alcohol 
and drug substance abuse course assessment under the supervision of 
a certified alcohol and drug substance abuse course assessor 
approved by a Department representative; 
5. Be allowed one (1) year to complete all requirements related 
to the assessment application. Failure to meet all requirements 
within one (1) year shall result in denial of certification. To be 
reconsidered, the candidate shall be required to reapply to the 
Department; and 
6. Be licensed as a licensed mental health professional as 
defined in Section 1-103 of this title or licensed or certified as 
an alcohol and drug counselor pursuant to Section 1871 et seq. of 
Title 59 of the Oklahoma Statutes. 
C. The Department of Mental Health and Substance Abuse Services 
shall promulgate rules and standards regulating the ADSAC assessment 
and assessment process. Failure to comply with rules and standards 
promulgated by the Department pursuant to this act shall be grounds 
for reprimand, suspension, revocation or non-renewal of an 
assessor's certification. 
D. Any individual certified to conduct alcohol and drug 
substance abuse course assessments pursuant to this section shall 
certify to the Department of Public Safety through the Oklahoma 
Department of Mental Health and Substance Abuse Services all persons 
who successfully complete such assessments. 
Added by Laws 2006, c. 120, § 3, eff. Nov. 1, 2006. Amended by Laws 
2019, c. 387, § 2, eff. Nov. 1, 2019. 
 
§43A-3-501. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-3-502. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-3-503. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-3-601. Opioid substitution treatment programs – Definitions – 
Rules and standards - Violations. 
A. Any Class II controlled dangerous substance, when used in 
this state by an opioid substitution treatment program for persons 
with a history of opioid addiction to or physiologic dependence on 
controlled dangerous substances, shall only be used: 
1. In treating persons with a history of addiction; 
2. In treating persons with a one-year history of opioid 
addiction to or physiologic dependence on controlled dangerous 
substances, as defined by the Code of Federal Regulations, and 
documentation of attempting another type of treatment; or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 103 
3. If clinically appropriate, the program physician may waive 
the requirement of a one-year history of opioid addiction for 
consumers within six (6) months of release from a penal institution, 
for consumers with a pregnancy verified by the program physician, or 
for consumers having previously received treatment for opioid 
addiction and within two (2) years of discharge from that treatment 
episode. 
B. Any conviction for a violation of the provisions of this 
section or any rules promulgated pursuant to the provisions of this 
section shall be a Class D1 felony offense and shall be punished as 
provided for in subsections B through F of Section 20N of Title 21 
of the Oklahoma Statutes. 
C. For the purposes of this section, “opioid substitution 
treatment program” means a person, private physician, or 
organization that administers or dispenses an opioid drug to a 
narcotic addict for the purposes of detoxification or maintenance 
treatment or provides, when necessary and appropriate, comprehensive 
medical and rehabilitation services. A private physician who 
administers buprenorphine with a waiver from the Drug Enforcement 
Administration shall not be considered an opioid substitution 
treatment program. 
D. An opioid substitution treatment program shall be certified 
by the Board of Mental Health and Substance Abuse Services, or the 
Commissioner of Mental Health and Substance Abuse Services upon 
delegation by the Board, and registered with the federal Drug 
Enforcement Administration for the use of an opioid drug to treat 
narcotic addiction. 
E. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards for the certification of all 
programs, private facilities, and organizations which provide opioid 
substitution treatment directed to those physiologically dependent 
on or addicted to opioids. These facilities and organizations shall 
be known as “Opioid Substitution Treatment Programs”. Only 
certified facilities may receive and assist opioid-dependent and 
addicted persons by providing Class II controlled substances in 
opioid substitution treatment and rehabilitation. 
F. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules and standards regulating the treatment and 
services provided by opioid substitution treatment programs. 
Failure to comply with rules and standards promulgated by the Board 
shall be grounds for revocation, suspension or nonrenewal of 
certification. 
G. An opioid substitution treatment program shall comply with 
all federal requirements for opioid treatment programs provided by 
42 C.F.R., Subpart C including but not limited to the requirement to 
provide drug abuse testing services provided by 42 C.F.R., Section 
 
Oklahoma Statutes - Title 43A. Mental Health Page 104 
8.12(f)(6). Drug abuse testing shall be directly observed by an 
employee or contractor of the opioid substitution treatment program. 
H. Opioid substitution treatment programs shall notify the 
Department of Mental Health and Substance Abuse Services of plans to 
close or relocate within a minimum of thirty (30) days prior to 
closure or relocation. 
I. Failure to comply with rules and standards promulgated by 
the Board of Mental Health and Substance Abuse Services pursuant to 
this section or failure to comply with the requirements of 42 
C.F.R., Subpart C shall be grounds for reprimand, suspension, 
revocation or nonrenewal of certification. 
Added by Laws 1980, c. 108, § 2, emerg. eff. April 10, 1980. 
Amended by Laws 1986, c. 103, § 51, eff. Nov. 1, 1986. Renumbered 
from § 659 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1987, c. 79, § 1, eff. Nov. 1, 1987; Laws 
1989, c. 69, § 1, emerg. eff. April 13, 1989; Laws 1996, c. 354, § 
52, eff. Nov. 1, 1996; Laws 1997, c. 133, § 469, eff. July 1, 1999; 
Laws 2002, c. 488, § 26, eff. Nov. 1, 2002; Laws 2003, c. 46, § 24, 
emerg. eff. April 8, 2003; Laws 2005, c. 150, § 22, emerg. eff. May 
9, 2005; Laws 2006, c. 97, § 13, eff. Nov. 1, 2006; Laws 2010, c. 
287, § 24, eff. Nov. 1, 2010; Laws 2017, c. 111, § 3, eff. Nov. 1, 
2017; Laws 2023, c. 250, § 2, emerg. eff. May 15, 2023; Laws 2025, 
c. 486, § 509, eff. Jan. 1, 2026. 
 
§43A-3-602. Course of treatment in opioid substitution treatment 
program – Maximum daily dose. 
A. A course of treatment in an opioid substitution treatment 
program may include, but shall not be limited to, short-term 
detoxification, interim maintenance treatment or comprehensive 
maintenance treatment depending on the availability of such services 
and the needs of the individual. 
B. The Department of Mental Health and Substance Abuse Services 
shall approve any drug and the formulation or formulations to be 
used in an opioid substitution treatment program and the Board shall 
promulgate rules establishing guidelines for the maximum daily dose, 
not to exceed limits set by the Code of Federal Regulations. 
Pregnancy tests for women shall be conducted upon admission to an 
opioid substitution treatment program and at least annually 
thereafter, unless otherwise indicated. 
Added by Laws 1980, c. 108, § 3, emerg. eff. April 10, 1980. 
Amended by Laws 1986, c. 103, § 52, eff. Nov. 1, 1986. Renumbered 
from § 660 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1987, c. 79, § 2, eff. Nov. 1, 1987; Laws 
1990, c. 51, § 87, emerg. eff. April 9, 1990; Laws 1996, c. 354, § 
53, eff. Nov. 1, 1996; Laws 2001, c. 186, § 13, eff. Nov. 1, 2001; 
Laws 2002, c. 488, § 27, eff. Nov. 1, 2002; Laws 2003, c. 46, § 25, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 105 
emerg. eff. April 8, 2003; Laws 2006, c. 97, § 14, eff. Nov. 1, 
2006. 
 
§43A-3-603. Repealed by Laws 2019, c. 398, § 1, eff. Nov. 1, 2019. 
 
§43A-3-701. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 
2002. 
 
§43A-3-701a. Renumbered as Section 627 of Title 57 of the Oklahoma 
Statutes by Laws 2007, c. 337, § 2, emerg. eff. June 4, 2007. 
 
§43A-3-702. Prisoners in need of mental health treatment – 
Determination of ability to consent - Transfer to facility – 
Discharge – Costs - Expiration of sentence - Commitment. 
When a person confined in a penal or correctional institution or 
reformatory of this state is evaluated as provided by law by a 
licensed mental health professional to be a person requiring 
treatment as defined in Section 1-103 of this title, the district 
court may order the inmate’s transfer to a facility, or unit within 
the Department of Corrections and make a determination of whether 
the inmate is capable of consenting to or refusing treatment that is 
ordered including, but not limited to, the right to refuse 
medication, pursuant to the laws governing involuntary commitment, 
where the inmate shall remain until the person in charge of the 
correctional institution or unit, or the physician which received 
the inmate determines that the inmate has improved to the point that 
the inmate may be discharged pursuant to the laws of this title 
governing discharge. If the sentence expires during the time of a 
prisoner's involuntary commitment at the correctional institution, 
and the prisoner is still a person requiring treatment, the person 
in charge of the correctional institution shall immediately 
instigate proceedings for commitment to the custody of the 
Department of Mental Health and Substance Abuse Services or to a 
private facility willing to accept the person for treatment under 
the procedures provided in this title. 
Added by Laws 1953, p. 166, § 61, emerg. eff. June 3, 1953. Amended 
by Laws 1979, c. 106, § 1; Laws 1986, c. 103, § 54, eff. Nov. 1, 
1986. Renumbered from § 61 of this title by Laws 1986, c. 103, § 
103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 245, § 2, emerg. 
eff. May 21, 1990; Laws 2001, c. 186, § 14, eff. Nov. 1, 2001; Laws 
2003, c. 46, § 28, emerg. eff. April 8, 2003. 
NOTE: Laws 1990, c. 51, § 89 repealed by Laws 1990, c. 337, § 26. 
 
§43A-3-703. Repealed by Laws 2003, c. 46, § 41, emerg. eff. April 
8, 2003. 

Oklahoma Statutes - Title 43A. Mental Health Page 106 
§43A-3-704. Mental health and substance abuse evaluation - 
Convicted felons. 
After an initial appearance, a person accused of a felony 
offense may submit to an approved risk, mental health and substance 
abuse assessment and evaluation which shall be administered and 
scored by assessment personnel certified by the Department of Mental 
Health and Substance Abuse Services. Any person lacking sufficient 
skills to comprehend or otherwise participate in the risk, mental 
health and substance abuse assessment and evaluation shall have 
appropriate assistance. The court, district attorney, arrested 
person and counsel for the arrested person shall have access to the 
results of the risk, mental health and substance abuse assessment 
and evaluation. The results of the risk, mental health and 
substance abuse assessment and evaluation shall not be admissible as 
evidence in the criminal case unless specifically waived by the 
defendant or for purposes of determining sentencing options for a 
defendant who has pled guilty and punishment is to be determined at 
the discretion of the court. The court and the district attorney 
shall consider the results of the risk, mental health and substance 
abuse assessment and evaluation to determine sentencing options for 
the person. 
Added by Laws 2012, c. 296, § 4, eff. Nov. 1, 2012. Amended by Laws 
2013, c. 335, § 1, eff. Nov. 1, 2013. 
 
§43A-4. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-4-101. Humane care and treatment - Food - Discipline - Medical 
care. 
All persons being treated at facilities within the Department of 
Mental Health and Substance Abuse Services and facilities certified 
by the Department shall be given humane care and treatment. The 
food shall always be sufficient and wholesome. No physical or 
emotional punishment shall be inflicted, and the rules and 
discipline shall be designed to promote the well-being of the person 
being treated. The physical, medical, psychiatric and psychological 
testing, diagnosis, care and treatment shall be in accordance with 
the highest standards accepted in private and public medical and 
psychiatric practice to the extent that facilities, equipment and 
personnel are available. 
Added by Laws 1953, p. 170, § 91, emerg. eff. June 3, 1953. Amended 
by Laws 1977, c. 145, § 8, emerg. eff. June 3, 1977. Renumbered 
from § 91 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2002, c. 488, § 29, eff. Nov. 1, 2002. 
 
§43A-4-102. Individualized treatment plans - Requirements. 
There shall be developed during a person’s stay in a mental 
health facility, an individualized treatment plan which shall be 
 
Oklahoma Statutes - Title 43A. Mental Health Page 107 
specifically tailored to such person’s treatment needs. Each plan 
shall clearly include the following: 
1. A statement of treatment goals or objectives, based upon and 
related to a proper evaluation, which can be reasonably achieved 
within a designated time interval; 
2. Treatment methods and procedures to be used to obtain these 
goals, which methods and procedures are related to these goals and 
which include specific prognosis for achieving each of these goals; 
3. Identification of the types of professional personnel who 
shall 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; 
4. Documentation of consumer involvement and, if applicable, 
accordance with the treatment plan by the consumer; and 
5. A statement attesting that the person in charge of the 
facility or clinical director has made a reasonable effort to meet 
the individualized treatment goals of the plan in the least 
restrictive environment possible, closest to the home community of 
the consumer. 
Added by Laws 1980, c. 291, § 10, eff. Oct. 1, 1980. Renumbered 
from § 622 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2005, c. 150, § 24, emerg. eff. May 9, 2005. 
 
§43A-4-103. Repealed by Laws 1989, c. 319, § 6, operative Nov. 1, 
1989. 
 
§43A-4-103.1. Custody and control of consumer - Responsibility for 
care and treatment. 
The executive director of any facility within the Department of 
Mental Health and Substance Abuse Services shall have custody and 
control of a consumer within the facility during the period of time 
the consumer is detained for observation or treatment or both, and 
shall be responsible for the care and treatment of the consumer 
during the time the consumer remains in the facility. 
Added by Laws 1989, c. 319, § 5, eff. Nov. 1, 1989. Amended by Laws 
1990, c. 51, § 90, emerg. eff. April 9, 1990; Laws 2004, c. 113, § 
14, eff. Nov. 1, 2004; Laws 2005, c. 150, § 25, emerg. eff. May 9, 
2005. 
 
§43A-4-104. Surgical operations - Notice - Emergency. 
Before proceeding with any major operation which in the judgment 
of the executive director of the facility is advisable or necessary, 
the executive director shall notify or cause to be notified the 
spouse, parent or guardian or one of the next of kin residing in 
Oklahoma, if the information is shown by the records on file with 
the executive director. A copy of the notice shall be filed in the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 108 
records of the consumer, except in cases of grave emergency where 
the medical staff feels that surgical or other intervention is 
necessary to prevent serious consequences or death, authority is 
hereby given to proceed with such measure. 
Added by Laws 1953, p. 171, § 96, emerg. eff. June 3, 1953. 
Renumbered from § 96 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 2005, c. 150, § 26, emerg. eff. May 
9, 2005. 
 
§43A-4-105. Service of court citation, order or process - Return - 
Effect. 
Any citation, order or process required by law to be served on a 
consumer of a facility within the Department of Mental Health and 
Substance Abuse Services shall be served only by the executive 
director in charge or by someone designated by the executive 
director. Return to the court from which the citation, order or 
process was issued shall be made by the person making the service. 
The service and return shall have the same force and effect as if it 
had been made by the sheriff of the county. 
Added by Laws 1953, p. 171, § 97, emerg. eff. June 3, 1953. 
Renumbered from § 97 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 2003, c. 46, § 29, emerg. eff. April 
8, 2003; Laws 2005, c. 150, § 27, emerg. eff. May 9, 2005. 
 
§43A-4-106. Mechanical restraints - Record. 
A. Mechanical restraints shall not be applied to a consumer 
unless: 
1. It is determined by an allopathic physician, osteopathic 
physician, physician assistant or advanced practice registered nurse 
who is authorized to order restraint by hospital or community-based 
structured crisis center, as defined by Section 3-317 of this title, 
policy to be required by the medical needs of the consumer; or 
2. An emergency situation arises and a mechanical restraint is 
necessary for the safety of the individual or others. The 
mechanical restraint may be applied after obtaining a verbal order 
of an allopathic physician, osteopathic physician, physician 
assistant or advanced practice registered nurse as long as the 
consumer receives a face-to-face examination within one (1) hour 
after the restraint is applied by an allopathic physician, 
osteopathic physician, physician assistant, advanced practice 
registered nurse or registered nurse trained in restraint management 
in accordance with the then-current standards promulgated by the 
United States Department of Health and Human Services and authorized 
by hospital policy. 
B. No mechanical restraint shall be continued for longer than 
is absolutely necessary under the circumstances. Regardless of who 
orders the restraint, every use of a mechanical restraint, the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 109 
reasons and length of time, shall be made a part of the clinical 
record of the consumer under the signature of the attending 
allopathic physician or osteopathic physician. 
Added by Laws 1953, p. 171, § 92, emerg. eff. June 3, 1953. Amended 
by Laws 1977, c. 145, § 9, emerg. eff. June 3, 1977. Renumbered 
from § 92 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2003, c. 46, § 30, emerg. eff. April 8, 2003; 
Laws 2005, c. 150, § 28, emerg. eff. May 9, 2005; Laws 2007, c. 130, 
§ 9, eff. Nov. 1, 2007; Laws 2015, c. 57, § 1, eff. Nov. 1, 2015. 
 
§43A-4-107. Repealed by Laws 2004, c. 113, § 18, eff. Nov. 1, 2004. 
 
§43A-4-107a. Visitation privileges - Mail or other communication - 
Telephones. 
A. Subject to the restrictions imposed by subsection B of this 
section, a consumer in an inpatient or residential mental health 
facility has the right to: 
1. Receive a reasonable number of visitors at reasonable times; 
2. Reasonable access to make and receive telephone calls; 
3. Communicate by uncensored and sealed mail; and 
4. Writing materials and reasonable amounts of postage if 
unable to procure the same. 
B. The rights provided in subsection A of this section are 
subject to the general rules of the facility and may be restricted 
by the treatment team ultimately responsible for the consumer’s 
treatment to the extent that the restriction is necessary to the 
consumer’s welfare, to protect another person or the security of the 
facility; provided, however, the right to communicate with legal 
counsel, treatment advocate, and the department may not be denied. 
C. If a restriction is imposed under this section, the reasons 
for the restriction and the duration of the restriction shall be 
documented in the consumer’s clinical record. The treatment team 
shall inform the consumer, the treatment advocate, and, if 
appropriate, the consumer’s parent or guardian of the clinical 
reasons for the restriction and the duration of the restriction. 
Added by Laws 2004, c. 113, § 15, eff. Nov. 1, 2004. 
 
§43A-4-108. Labor by consumers - Work therapy - Compensation. 
A. A person receiving treatment for mental illness or alcohol- 
or drug-dependency may perform labor which contributes to the 
operation and maintenance of the facility for which the facility 
would otherwise employ someone only if: 
1. The consumer voluntarily agrees to perform the labor; 
2. Engaging in the labor would not be inconsistent with the 
treatment plan for the consumer; 
3. The amount of time or effort necessary to perform the labor 
would not be excessive; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 110 
4. The consumer is compensated appropriately and in accordance 
with applicable federal and state minimum wage laws; and 
5. Discharge and privileges are not conditioned upon the 
performance of such labor. 
B. The provisions of this section shall not apply to bona fide 
“work therapy” which is a part of the treatment program. 
Work therapy shall be: 
1. In the best interests of the person; 
2. Therapeutic in nature and purpose; 
3. Part of the treatment plan of the person; 
4. Documented in the treatment record with a rationale for the 
work therapy; 
5. Voluntarily entered into by the person; 
6. Compensated by the facility at a rate derived from the value 
of the work performed; and 
7. Compensated in accordance with federal and state minimum 
wage law if the primary benefit is to the facility. 
C. The provisions of subsections A and B of this section shall 
not apply to personal housekeeping, personal maintenance, or 
communal living, or tasks oriented to improving life skills. These 
activities shall not primarily benefit the facility. 
D. Payment pursuant to this section shall not be applied by the 
facility to offset the costs of maintenance of persons receiving 
treatment in the facility, unless the person authorizes such payment 
or offset in writing. 
Added by Laws 1980, c. 174, § 1, eff. Oct. 1, 1980. Renumbered from 
§ 191.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2002, c. 488, § 30, eff. Nov. 1, 2002; Laws 
2005, c. 150, § 29, emerg. eff. May 9, 2005. 
 
§43A-4-109. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 
2005. 
 
§43A-4-201. Liability of consumer and estate for cost of care and 
treatment. 
A consumer at a facility within the Department of Mental Health 
and Substance Abuse Services is liable for his or her care and 
treatment. This claim of the state for such care and treatment 
shall constitute a valid indebtedness against any such consumer and 
the estate of the consumer and shall not be barred by any statute of 
limitations. At the death of the consumer this claim shall be 
allowed and paid as other lawful claims against the estate. 
Provided, further that no admission or detention of a consumer in a 
state facility shall be limited or conditioned in any manner by the 
financial status or ability to pay of a consumer, the estate of the 
consumer, or any relative of the consumer. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 111 
Added by Laws 1953, p. 172, § 111, emerg. eff. June 3, 1953. 
Amended by Laws 1959, p. 190, § 6, emerg. eff. June 27, 1959; Laws 
1986, c. 103, § 57, eff. Nov. 1, 1986. Renumbered from § 111 of 
this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended 
by Laws 2005, c. 150, § 30, emerg. eff. May 9, 2005. 
 
§43A-4-202. Amount payable for care and treatment - Inability to 
pay. 
The amount payable for care and treatment shall be determined by 
the Commissioner subject to the approval of the Board. At no time 
shall a person be refused care and treatment because of inability to 
pay. 
Added by Laws 1953, p. 172, § 112, emerg. eff. June 3, 1953. 
Amended by Laws 1984, c. 237, § 14, operative July 1, 1984. 
Renumbered from § 112 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. 
 
§43A-4-203. Reduction or waiver of liability - Report as to ability 
- Information from Tax Commission. 
A. The Board of Mental Health and Substance Abuse Services may 
promulgate rules authorizing the executive director or designee of a 
facility within the Department of Mental Health and Substance Abuse 
Services at which a consumer is being treated to charge on a sliding 
scale or waive the liability of the consumer and estate of the 
consumer for the care and treatment of the consumer, if it is 
determined that the consumer is unable to pay the full amount for 
such care and treatment, or that the consumer is an indigent person 
as defined in this title. 
B. Before any charge for care and treatment is placed on a 
sliding scale or waived there must be: 
1. A written application and documentation demonstrating the 
income of the consumer; 
2. The number of dependents of the consumer; 
3. A statement of any charges to be placed on the sliding scale 
or waiver of indebtedness of the consumer for care and treatment; 
and 
4. The reasons for the placement on the sliding scale or 
waiver. The statement must be signed by the executive director or 
designee granting such placement on the sliding scale or waiver. 
The statement must also be filed with the records of the consumer at 
the facility. 
C. For the purpose of determining the financial status or 
ability to pay of a consumer, the estate of the consumer, or persons 
liable for the care and treatment of the consumer, the Oklahoma Tax 
Commission is directed to furnish to the Commissioner of Mental 
Health and Substance Abuse Services, or designee, upon request, such 
 
Oklahoma Statutes - Title 43A. Mental Health Page 112 
information as may be of record in the Commission relative to 
consumers, and their estates. 
Added by Laws 1953, p. 173, § 113, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 58, eff. Nov. 1, 1986. Renumbered 
from § 113 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1987, c. 168, § 1, eff. Nov. 1, 1987; Laws 
2003, c. 46, § 31, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 
31, emerg. eff. May 9, 2005. 
 
§43A-4-204. Time of payment - Statement of sum due. 
The cost of the care and treatment of the consumer shall be paid 
monthly unless the Commissioner of Mental Health and Substance Abuse 
Services and any person agreeing to make the payments may arrange 
for quarterly or semiannual payments. The executive director of a 
facility within the Department of Mental Health and Substance Abuse 
Services in which a consumer is held shall issue a statement of the 
sum that is due to all persons who are liable for the care and 
treatment of the consumer, but failure to send or receive this 
statement shall not affect the liability of a person who is 
otherwise liable for the care and treatment of the consumer. 
Added by Laws 1953, p. 173, § 114, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 59, eff. Nov. 1, 1986. Renumbered 
from § 114 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2003, c. 46, § 32, emerg. eff. April 8, 2003; 
Laws 2005, c. 150, § 32, emerg. eff. May 9, 2005. 
 
§43A-4-205. Payment by guardian - Collection by legal proceeding. 
A. If a guardian has been appointed for the estate of a 
consumer in a facility within the Department of Mental Health and 
Substance Abuse Services, the court shall order the guardian to pay 
the amount of the state’s claim for care and treatment. 
B. If no guardian has been appointed, the claim of the state 
against a consumer for the care and treatment of the consumer may be 
collected by suit or other proceedings against the consumer brought 
in the name of the state by the district attorney of the county from 
which said consumer was sent or any county in which the consumer may 
have property. 
C. The claim of the state against a husband, wife, the parents 
and the children of any consumer for care and treatment of the 
consumer may be collected by suit or other proceedings in the name 
of the state against the husband, the wife, a parent, a child, or 
any two or more of them. 
Added by Laws 1953, p. 173, § 115, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 60, eff. Nov. 1, 1986. Renumbered 
from § 115 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1990, c. 51, § 92, emerg. eff. April 9, 1990; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 113 
Laws 2003, c. 46, § 33, emerg. eff. April 8, 2003; Laws 2005, c. 
150, § 33, emerg. eff. May 9, 2005. 
 
§43A-4-206. Proof of indebtedness - Disposition of money collected. 
In all suits or proceedings instituted in accordance with 
Sections 4-205 and 2-207 of this title, the executive director of 
the facility shall furnish proof of the indebtedness of a consumer 
and the amount due the state for the care and treatment of the 
consumer. All collected monies shall be paid to the executive 
director of the facility and deposited with the State Treasurer who 
shall place the same to the credit of the Department of Mental 
Health and Substance Abuse Services revolving fund. 
Added by Laws 1953, p. 174, § 118, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 61, eff. Nov. 1, 1986. Renumbered 
from § 118 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2003, c. 46, § 34, emerg. eff. April 8, 2003; 
Laws 2005, c. 150, § 34, emerg. eff. May 9, 2005. 
 
§43A-5. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-5-101. Procedures for admission to state facility, psychiatric 
hospital or private institution. 
A. Any person who has a mental illness or is alcohol- or drug-
dependent to a degree which warrants inpatient treatment or care, 
and who is not in confinement in any jail or correctional facility 
on a criminal charge or conviction and who has no criminal charges 
pending against him or her, may be admitted to and confined in a 
facility within the Department of Mental Health and Substance Abuse 
Services, a state psychiatric hospital, or a licensed private 
institution by compliance with any one of the following procedures: 
1. Emergency admission; 
2. On voluntary application; or 
3. On involuntary court commitment. 
B. Any person who has a mental illness or is alcohol- or drug-
dependent to a degree which warrants inpatient treatment or care and 
who has criminal charges pending against him or her but is not 
confined in any jail or correctional facility may be admitted to a 
facility within the Department or a licensed private institution 
pursuant to the provisions of subsection A of this section; 
provided, the facility or hospital shall be authorized to take such 
reasonable steps as necessary to assure the protection of the 
public, the residents of the facility or hospital and the person 
including, but not limited to, segregation and private facilities. 
Provided further, treatment received pursuant to this subsection 
shall not constitute a defense in any criminal proceeding except as 
otherwise provided by Title 22 of the Oklahoma Statutes. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 114 
C. 1. Any person confined pursuant to a criminal charge shall 
only be admitted to and confined pursuant to a court order issued in 
compliance with the provisions of Section 1175.6 of Title 22 of the 
Oklahoma Statutes. 
2. No person shall be deprived of his or her liberty on the 
grounds that such person is, or is supposed to have, a mental 
illness or is in need of mental health treatment, except in 
accordance with the provisions of the Mental Health Law. 
Added by Laws 1953, p. 160, § 51, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 62, eff. Nov. 1, 1986. Renumbered from § 51 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1989, c. 348, § 22, eff. Nov. 1, 1989; Laws 1990, c. 
51, § 93, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 3, eff. 
Sept. 1, 1994; Laws 1995, c. 1, § 14, emerg. eff. March 2, 1995; 
Laws 2002, c. 488, § 31, eff. Nov. 1, 2002; Laws 2003, c. 213, § 4, 
eff. July 1, 2003; Laws 2003, c. 394, § 3; Laws 2005, c. 195, § 24, 
eff. Nov. 1, 2005; Laws 2007, c. 130, § 10, eff. Nov. 1, 2007; Laws 
2008, c. 401, § 11, eff. Nov. 1, 2008. 
NOTE: Laws 1994, c. 180, § 2 repealed by Laws 1995, c. 1, § 40, 
emerg. eff. March 2, 1995. 
 
§43A-5-102. Official forms required - Order as sufficient authority 
and protection. 
No person shall be accepted into any facility without the use of 
the properly executed official forms. The properly executed order 
to hospitalize or the order of admission shall be full and 
sufficient authority and protection to the executive director or the 
person acting as such in the absence of the executive director for 
receiving and detaining in the hospital the person named on the 
form. 
Added by Laws 1953, p. 167, § 63, emerg. eff. June 3, 1953. 
Renumbered from § 63 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 2005, c. 150, § 35, emerg. eff. May 
9, 2005. 
 
§43A-5-103. Unlawful or malicious confinement in institution. 
Any person who shall knowingly contrive or conspire to have 
ordered or admitted any person to an institution for the mentally 
ill or a facility for the treatment of alcohol-dependent or drug-
dependent persons, unlawfully or maliciously shall be guilty of a 
misdemeanor, and upon conviction, shall be fined not to exceed One 
Thousand Dollars ($1,000.00) or confined in jail not to exceed one 
(1) year, or both such fine and imprisonment. 
Added by Laws 1953, p. 174, § 131, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 63, eff. Nov. 1, 1986. Renumbered 
from § 131 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 115 
 
§43A-5-104. False attestation - Penalty. 
Any person who intentionally falsely attests to the mental 
illness, alcohol dependency, or drug dependency of any person, or 
whose false attestations as to mental illness, alcohol dependency, 
or drug dependency of any person is proved to be the result of 
negligence or deficient professional skill, or who signs such an 
evaluation or petition for pecuniary reward, or promise thereof, or 
other consideration of value or operating to his or her advantage, 
other than the professional fee usually paid for such service, shall 
be guilty of a misdemeanor, and, upon conviction thereof, shall be 
punished by payment of a fine not to exceed One Thousand Dollars 
($1,000.00), or imprisonment in the county jail not to exceed one 
(1) year, or both such fine and imprisonment. 
Added by Laws 1953, p. 175, § 139, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 64, eff. Nov. 1, 1986. Renumbered 
from § 139 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2005, c. 195, § 25, eff. Nov. 1, 2005; Laws 
2007, c. 130, § 11, eff. Nov. 1, 2007. 
 
§43A-5-201. Rights of detained persons upon entry into facility. 
All facilities wherein persons are detained for any purpose 
under the provisions of this act shall allow such detained person 
the right to contact a relative, close friend or attorney 
immediately upon entry into such place of detention. 
Added by Laws 1980, c. 324, § 4, emerg. eff. June 17, 1980. 
Renumbered from § 57.1 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. 
 
§43A-5-202. Confinement of persons alleged or adjudged mentally 
ill, alcohol-dependent or drug-dependent. 
When any person alleged in any court to be mentally ill, 
alcohol-dependent, or drug-dependent, or shall have been adjudged to 
be mentally ill, alcohol-dependent, or drug-dependent and shall be 
in the legal custody of the county sheriff as prescribed by law, if 
such person has not been charged with commission of a crime, the 
said county sheriff is hereby authorized to confine such person in a 
place other than the county jail to be selected by said county 
sheriff and to transport such person to the place selected; provided 
that such confinement shall be in a place and manner so as to 
prevent such confined person from in any way endangering himself or 
any other person. The county is hereby directed to expend such 
funds as may be necessary to provide for such confinement outside 
the county jail. Specific authority is hereby granted the county 
sheriff and the county commissioners to enter into a contract with a 
nursing home or facility as a place of detention. Other departments 
 
Oklahoma Statutes - Title 43A. Mental Health Page 116 
and agencies of the state may not interfere with nor deter, in any 
manner, this right to contract. 
Added by Laws 1980, c. 324, § 5, emerg. eff. June 17, 1980. Amended 
by Laws 1986, c. 103, § 66, eff. Nov. 1, 1986. Renumbered from § 
58.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
 
§43A-5-203. Conveying females to facility - Female assistants - 
County expense. 
A. Upon receiving an order from a district court to convey a 
mentally ill, alcohol-dependent, or drug-dependent female to a 
facility, the sheriff of such county shall procure a suitable female 
to assist in conveying the female to the facility if the sheriff or 
deputy who will be conveying the female is male. 
B. If a female attendant is not available, a male sheriff or 
male deputy may convey the mentally ill, alcohol-dependent or drug-
dependent female without a female attendant if the sheriff or deputy 
conveying the female notifies the dispatcher of the specific mileage 
from the collection point to the destination point, the time of 
departure and the estimated time of arrival. 
C. The sheriff may procure assistance, and certify the same to 
the county clerk as a part of the expense of the conveyance. No 
bill for the expense of such conveyance shall be allowed by the 
commissioners of any county unless it is accompanied by a 
certificate of the executive director of the facility, showing that 
the person has been duly conveyed to the facility by, or accompanied 
by a female attendant or as otherwise authorized by this section. 
D. Whenever a female consumer is transferred from one facility 
to another within the Department of Mental Health and Substance 
Abuse Services or from a facility within the Department to another 
facility of like nature elsewhere, the female must be accompanied by 
a female employee of the Department or a suitable relative of the 
female consumer. 
Added by Laws 1953, p. 172, § 100, emerg. eff. June 3, 1953. 
Amended by Laws 1986, c. 103, § 67, eff. Nov. 1, 1986. Renumbered 
from § 100 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1994, c. 180, § 1, emerg. eff. May 9, 1994; 
Laws 2005, c. 150, § 36, emerg. eff. May 9, 2005. 
 
§43A-5-204. Appropriate treatment and medication - Nonconsenting 
individuals - Immunity - Seclusion or restraint - Hearings while 
under influence of psychotropic medication - Inmates committed to 
special care unit. 
A. Appropriate treatment and medication, including psychotropic 
medication, may be administered to a consenting individual: 
1. During the detention periods authorized by the Mental Health 
Law; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 117 
2. During the time set forth in the Mental Health Law for the 
precommitment screening examination; or 
3. While in the custody of the Department of Corrections. 
B. Treatment and medication may be administered to a 
nonconsenting individual upon the written order of the physician 
who: 
1. Has personally examined the consumer; 
2. Finds the medication or treatment is necessary to protect 
the consumer, the facility or others from serious bodily harm; and 
3. Notes in the medication record of the consumer, with an 
explanation of the facts leading up to the decision to administer 
treatment and medication including psychotropic medication. 
C. Any physician who orders medication in good faith and any 
employee of the facility who administers medication in good faith 
pursuant to the written order of a physician, under the provision of 
this section, shall be immune from civil suits for damages that 
occur from the administration of medication. 
D. Seclusion or restraint may be administered to a 
nonconsenting individual upon the written order of a physician who: 
1. Personally examined the consumer; and 
2. Finds that seclusion or restraint is necessary to protect 
the consumer, the facility, or other persons. The physician shall 
note in the chart of the consumer an explanation of the decision to 
administer seclusion or restraint, including administration of 
psychotropic medication. This shall not prohibit emergency 
seclusion or restraint, including mechanical restraint, pending 
notification of a physician. 
E. If the consumer is under the influence of psychotropic 
medication during any court hearing held pursuant to Section 5-415 
of this title, the court, and the jury, if any, shall be advised by 
the district attorney at the beginning of the hearing that: 
1. The consumer is under the influence of psychotropic 
medication; 
2. The purpose of the medication; and 
3. The effect which such medication may have on the actions, 
demeanor and participation of the consumer at the hearing. 
F. If an inmate in the custody of the Department of Corrections 
has been properly assigned and committed to a unit described in 
Section 400 of Title 57 of the Oklahoma Statutes, the provisions of 
this section shall apply. 
Added by Laws 1980, c. 324, § 9, emerg. eff. June 17, 1980. Amended 
by Laws 1985, c. 235, § 2, eff. Nov. 1, 1985; Laws 1986, c. 59, § 1, 
eff. Nov. 1, 1986. Renumbered from § 54.8 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1988, c. 
260, § 3, eff. Nov. 1, 1988; Laws 1990, c. 245, § 3, emerg. eff. May 
21, 1990; Laws 1997, c. 195, § 2, eff. Nov. 1, 1997; Laws 2005, c. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 118 
150, § 37, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 12, eff. 
Nov. 1, 2007; Laws 2019, c. 41, § 1, eff. Nov. 1, 2019. 
NOTE: Laws 1986, c. 103, § 68 repealed by Laws 1988, c. 260, § 18, 
eff. Nov. 1, 1988. 
 
§43A-5-205. Repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988. 
 
§43A-5-206. Definitions. 
As used in Sections 5-206 through 5-209 of this title: 
1. "Mental health evaluation" means the examination of a 
person, either in person or via telemedicine, who appears to have a 
mental illness or be alcohol- or drug-dependent by two licensed 
mental health professionals, at least one of whom is a psychiatrist 
who is a diplomat of the American Board of Psychiatry and Neurology, 
a licensed clinical psychologist, or a licensed Doctor of Medicine 
or Doctor of Osteopathy who has received specific training for and 
is experienced in performing mental health therapeutic, diagnostic, 
or counseling functions, for the purpose of: 
a. determining if a petition requesting involuntary 
commitment or treatment is warranted, 
b. completing a mental health evaluation pursuant to 
Section 5-414 of this title, or 
c. both subparagraphs a and b of this paragraph; 
2. "Initial assessment (medical necessity review)" means the 
examination of a person, either in person or via telemedicine, who 
appears to be a mentally ill person, an alcohol-dependent person, or 
a drug-dependent person and a person requiring treatment, whose 
condition is such that it appears that emergency detention may be 
warranted by a licensed mental health professional at a facility 
approved by the Commissioner of Mental Health and Substance Abuse 
Services, or a designee, as appropriate for such examination to 
determine if emergency detention of the person is warranted; 
3. "Emergency detention" means the detention of a person who 
appears to be a person requiring treatment in a facility approved by 
the Commissioner of Mental Health and Substance Abuse Services as 
appropriate for such detention after the completion of an emergency 
examination, either in person or via telemedicine, and a 
determination that emergency detention is warranted for a period not 
to exceed one hundred twenty (120) hours or five (5) days, excluding 
weekends and holidays, except upon a court order authorizing 
detention beyond this period or pending the hearing on a petition 
requesting involuntary commitment or treatment as provided by 
Section 5-206 et seq. of this title. If during the emergency 
detention a person who appears to be a person requiring treatment 
becomes medically unstable, the time limit on the emergency 
detention period stipulated in this paragraph shall be tolled until 
 
Oklahoma Statutes - Title 43A. Mental Health Page 119 
the person who appears to be a person requiring treatment is 
medically stabilized; 
4. "Protective custody" means the taking into protective 
custody and detention of a person pursuant to the provisions of 
Section 5-208 of this title until such time as an emergency 
examination is completed and a determination is made as to whether 
or not emergency detention is warranted; and 
5. "Prehearing detention" means the court-ordered detention of 
a person who is alleged to be mentally ill, alcohol-dependent, or 
drug-dependent in a facility approved by the Commissioner as 
appropriate for such detention, pending a hearing on a petition 
requesting involuntary commitment or treatment as provided by 
Section 5-415 of this title. 
Added by Laws 1988, c. 260, § 4, eff. Nov. 1, 1988. Amended by Laws 
1993, c. 312, § 1, emerg. eff. June 7, 1993; Laws 1997, c. 387, § 1, 
eff. Nov. 1, 1997; Laws 1998, c. 144, § 1, emerg. eff. April 22, 
1998; Laws 2002, c. 488, § 32, eff. Nov. 1, 2002; Laws 2004, c. 113, 
§ 16, eff. Nov. 1, 2004; Laws 2006, c. 97, § 15, eff. Nov. 1, 2006; 
Laws 2008, c. 401, § 12, eff. Nov. 1, 2008; Laws 2010, c. 287, § 25, 
eff. Nov. 1, 2010; Laws 2022, c. 297, § 2, eff. Nov. 1, 2022. 
 
§43A-5-207. Local Law Enforcement Mental Health Manpower Act. 
A. Any person who appears to be or states that such person is 
mentally ill, alcohol-dependent, or drug-dependent to a degree that 
immediate emergency action is necessary may be taken into protective 
custody and detained as provided pursuant to the provisions of this 
section. Nothing in this section shall be construed as being in 
lieu of prosecution under state or local statutes or ordinances 
relating to public intoxication offenses. 
B. 1. Any peace officer who reasonably believes that a person 
is a person requiring treatment as defined in Section 1-103 of this 
title shall take the person into protective custody. The officer 
shall make every reasonable effort to take the person into custody 
in the least conspicuous manner. 
2. Upon taking the person into protective custody, the officer 
may relinquish custody of the person believed to require treatment 
to a duly qualified reserve officer or deputy employed by the same 
agency to fulfill the officer’s duties as required by this title. 
C. The officer shall prepare a written statement indicating the 
basis for the officer’s belief that the person is a person requiring 
treatment and the circumstances under which the officer took the 
person into protective custody. The officer shall give a copy of 
the statement to the person or the person’s attorney upon the 
request of either. If the officer does not make the determination 
to take an individual into protective custody on the basis of the 
officer’s personal observation, the officer shall not be required to 
prepare a written statement. However, the person stating to be 
 
Oklahoma Statutes - Title 43A. Mental Health Page 120 
mentally ill, alcohol-dependent or drug-dependent or the person upon 
whose statement the officer relies shall sign a written statement 
indicating the basis for such person’s belief that the person is a 
person requiring treatment. Any false statement given to the 
officer by the person upon whose statement the officer relies shall 
be a misdemeanor and subject to the sanctions of Title 21 of the 
Oklahoma Statutes. 
D. If the person is medically stable, the officer shall 
immediately transport the person to an urgent recovery clinic or to 
the nearest facility, as defined in Section 1-103 of this title, for 
an initial assessment within a thirty-mile radius of the peace 
officer’s operational headquarters, or may request an assessment at 
the point of initial contact by the Department of Mental Health and 
Substance Abuse Services as provided by subsection A of Section 1-
110 of this title. If, subsequent to an initial assessment, it is 
determined that emergency detention is warranted, the person shall 
immediately be transported to the nearest facility that is 
appropriate for treatment of the individual and has bed space 
available if the individual has been determined to be a person 
requiring treatment. Transport shall be provided in accordance with 
subsection B of Section 1-110 of this title. 
E. For the purposes of this section, “urgent recovery clinics” 
means clinics that offer voluntary services aimed at the assessment 
and immediate stabilization of acute symptoms of mental illness, 
alcohol and other drug abuse and emotional distress; provided that, 
unless the person consents to a longer duration, no more than 
twenty-three (23) hours and fifty-nine (59) minutes of services are 
provided to a consumer during one episode of care. 
F. If it is determined by the facility director or designee 
that the person is not medically stable, the Department shall 
immediately transport the person to the nearest hospital or other 
appropriate medical facility for medical treatment. A treating 
physician may authorize that the person be detained until the person 
becomes medically stable. The time limit on the emergency detention 
period stipulated under Section 5-208 of this title shall be tolled 
until the person who appears to be a person requiring treatment is 
medically stabilized. When the person becomes medically stable, if 
in the opinion of the treating or discharging physician, the patient 
is still a person requiring treatment as defined in Section 1-103 of 
this title, the physician shall authorize detention of the patient 
for transportation as provided in subsection D of this section. 
G. The parent, brother or sister who is eighteen (18) years of 
age or older, child who is eighteen (18) years of age or older, or 
guardian of the person, or a person who appears to be or states that 
such person is mentally ill, alcohol-dependent or drug-dependent to 
a degree that emergency action is necessary may request the 
administrator of a facility designated by the Commissioner as an 
 
Oklahoma Statutes - Title 43A. Mental Health Page 121 
appropriate facility for an initial assessment to conduct an initial 
assessment to determine whether the condition of the person is such 
that emergency detention is warranted and, if emergency detention is 
warranted, to detain the person as provided in Sections 5-206 
through 5-209 of this title. 
Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 
1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. 
Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, 
c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, 
eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 
2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. 
Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 
2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 39, § 2, eff. 
Nov. 1, 2021; Laws 2022, c. 297, § 3, eff. Nov. 1, 2022; Laws 2023, 
1st Ex. Sess., c. 28, § 3, eff. Nov. 1, 2023. 
NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, 
emerg. eff. March 3, 2010. Laws 2021, c. 38, § 2 repealed by Laws 
2022, c. 228, § 11, emerg. eff. May 5, 2022. 
 
§43A-5-207v1. Local Law Enforcement Mental Health Manpower Act. 
A. Any person who appears to be or states that such person is 
mentally ill, alcohol-dependent, or drug-dependent to a degree that 
immediate emergency action is necessary may be taken into protective 
custody and detained as provided pursuant to the provisions of this 
section. Nothing in this section shall be construed as being in 
lieu of prosecution under state or local statutes or ordinances 
relating to public intoxication offenses. 
B. 1. Any peace officer who reasonably believes that a person 
is a person requiring treatment as defined in Section 1-103 of this 
title shall take the person into protective custody. The officer 
shall make every reasonable effort to take the person into custody 
in the least conspicuous manner. 
2. Upon taking the person into protective custody, the officer 
may relinquish custody of the person believed to require treatment 
to a duly qualified reserve officer or deputy employed by the same 
agency to fulfill the officer's duties as required by this title. 
C. The officer shall prepare a written statement indicating the 
basis for the officer's belief that the person is a person requiring 
treatment and the circumstances under which the officer took the 
person into protective custody. The officer shall give a copy of 
the statement to the person or the person's attorney upon the 
request of either. If the officer does not make the determination 
to take an individual into protective custody on the basis of the 
officer's personal observation, the officer shall not be required to 
prepare a written statement. However, the person stating to be 
mentally ill, alcohol-dependent, or drug-dependent or the person 
upon whose statement the officer relies shall sign a written 
 
Oklahoma Statutes - Title 43A. Mental Health Page 122 
statement indicating the basis for such person's belief that the 
person is a person requiring treatment. Any false statement given 
to the officer by the person upon whose statement the officer relies 
shall be a misdemeanor and subject to the sanctions of Title 21 of 
the Oklahoma Statutes. 
D. If the person is medically stable, the officer shall 
immediately transport the person to an urgent recovery clinic or to 
the nearest facility, as defined in Section 1-103 of this title, for 
an initial assessment within a thirty-mile radius of the peace 
officer's operational headquarters, or may use telemedicine with a 
licensed mental health professional employed or under contract with 
a facility operated by, certified by, or contracted with the 
Department of Mental Health and Substance Abuse Services to perform 
an initial assessment. If, subsequent to an initial assessment, it 
is determined that emergency detention is warranted, the officer 
shall immediately transport the person to the nearest facility that 
has bed space available if the facility is within thirty (30) miles 
of the peace officer's operational headquarters and the individual 
was determined to be a person requiring treatment. The Department 
of Mental Health and Substance Abuse Services may contract for the 
use of alternative transportation providers to transport individuals 
to facilities designated for emergency detention when the nearest 
facility with bed space available is more than thirty (30) miles 
from the peace officer's operational headquarters and the individual 
was determined to be a person requiring treatment. For purposes of 
this section, "urgent recovery clinics" means clinics that offer 
services aimed at the assessment and immediate stabilization of 
acute symptoms of mental illness, alcohol and other drug abuse, and 
emotional distress, provided no more than twenty-three (23) hours 
and fifty-nine (59) minutes of services are provided to a consumer 
during one episode of care. If it is determined by the facility 
director or designee that the person is not medically stable, the 
officer shall immediately transport the person to the nearest 
hospital or other appropriate treatment facility. 
E. If the person is medically unstable, the person may be 
transported to an appropriate medical facility for medical 
treatment. A treating physician may authorize that the person be 
detained until the person becomes medically stable. When the person 
becomes medically stable, if in the opinion of the treating or 
discharging physician, the patient is still a person requiring 
treatment as defined in Section 1-103 of this title, the physician 
shall authorize detention of the patient for transportation as 
provided in subsection D of this section. 
F. The parent, brother or sister who is eighteen (18) years of 
age or older, child who is eighteen (18) years of age or older, or 
guardian of the person, or a person who appears to be or states that 
such person is mentally ill, alcohol-dependent, or drug-dependent to 
 
Oklahoma Statutes - Title 43A. Mental Health Page 123 
a degree that emergency action is necessary may request the 
administrator of a facility designated by the Commissioner as an 
appropriate facility for an initial assessment to conduct an initial 
assessment to determine whether the condition of the person is such 
that emergency detention is warranted and, if emergency detention is 
warranted, to detain the person as provided in Section 5-206 of this 
title. 
Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 
1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. 
Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, 
c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, 
eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 
2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. 
Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 
2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 38, § 2, eff. 
Nov. 1, 2021. 
NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, 
emerg. eff. March 3, 2010. 
 
§43A-5-207v2. Local Law Enforcement Mental Health Manpower Act. 
A. Any person who appears to be or states that such person is 
mentally ill, alcohol-dependent, or drug-dependent to a degree that 
immediate emergency action is necessary may be taken into protective 
custody and detained as provided pursuant to the provisions of this 
section. Nothing in this section shall be construed as being in 
lieu of prosecution under state or local statutes or ordinances 
relating to public intoxication offenses. 
B. 1. Any peace officer who reasonably believes that a person 
is a person requiring treatment as defined in Section 1-103 of this 
title shall take the person into protective custody. The officer 
shall make every reasonable effort to take the person into custody 
in the least conspicuous manner. 
2. Upon taking the person into protective custody, the officer 
may relinquish custody of the person believed to require treatment 
to a duly qualified reserve officer or deputy employed by the same 
agency to fulfill the officer’s duties as required by this title. 
C. The officer shall prepare a written statement indicating the 
basis for the officer’s belief that the person is a person requiring 
treatment and the circumstances under which the officer took the 
person into protective custody. The officer shall give a copy of 
the statement to the person or the person’s attorney upon the 
request of either. If the officer does not make the determination 
to take an individual into protective custody on the basis of the 
officer’s personal observation, the officer shall not be required to 
prepare a written statement. However, the person stating to be 
mentally ill, alcohol-dependent or drug-dependent or the person upon 
whose statement the officer relies shall sign a written statement 
 
Oklahoma Statutes - Title 43A. Mental Health Page 124 
indicating the basis for such person’s belief that the person is a 
person requiring treatment. Any false statement given to the 
officer by the person upon whose statement the officer relies shall 
be a misdemeanor and subject to the sanctions of Title 21 of the 
Oklahoma Statutes. 
D. If the person is medically stable, the officer shall 
immediately transport the person to an urgent recovery clinic or to 
the nearest facility, as defined in Section 1-103 of this title, for 
an initial assessment within a thirty (30) mile radius of the peace 
officer’s operational headquarters, or may use telemedicine with a 
licensed mental health professional employed or under contract with 
a facility operated by, certified by or contracted with the 
Department of Mental Health and Substance Abuse Services to perform 
an initial assessment. If, subsequent to an initial assessment, it 
is determined that emergency detention is warranted, the officer 
shall immediately transport the person to the nearest facility that 
has bed space available if the facility is within thirty (30) miles 
of the peace officer’s operational headquarters and the individual 
was determined to be a person requiring treatment. The Department 
of Mental Health and Substance Abuse Services may contract for the 
use of alternative transportation providers to transport individuals 
to facilities designated for emergency detention when the nearest 
facility with available bed space is more than thirty (30) miles 
from the peace officer’s operational headquarters and the individual 
was determined to be a person requiring treatment. For the purposes 
of this section, “urgent recovery clinics” means clinics that offer 
services aimed at the assessment and immediate stabilization of 
acute symptoms of mental illness, alcohol and other drug abuse and 
emotional distress, provided no more than twenty-three (23) hours 
and fifty-nine (59) minutes of services are provided to a consumer 
during one episode of care. If it is determined by the facility 
director or designee that the person is not medically stable, the 
officer shall immediately transport the person to the nearest 
hospital or other appropriate treatment facility. 
E. If the person is medically unstable, the person may be 
transported to an appropriate medical facility for medical 
treatment. A treating physician may authorize that the person be 
detained until the person becomes medically stable. When the person 
becomes medically stable, if in the opinion of the treating or 
discharging physician, the patient is still a person requiring 
treatment as defined in Section 1-103 of this title, the physician 
shall authorize detention of the patient for transportation as 
provided in subsection D of this section. 
F. The parent, brother or sister who is eighteen (18) years of 
age or older, child who is eighteen (18) years of age or older, or 
guardian of the person, or a person who appears to be or states that 
such person is mentally ill, alcohol-dependent or drug-dependent to 
 
Oklahoma Statutes - Title 43A. Mental Health Page 125 
a degree that emergency action is necessary may request the 
administrator of a facility designated by the Commissioner as an 
appropriate facility for an initial assessment to conduct an initial 
assessment to determine whether the condition of the person is such 
that emergency detention is warranted and, if emergency detention is 
warranted, to detain the person as provided in Section 5-206 of this 
title. 
Added by Laws 1988, c. 260, § 5, eff. Nov. 1, 1988. Amended by Laws 
1990, c. 211, § 1, eff. Sept. 1, 1990; Laws 1995, c. 90, § 1, eff. 
Nov. 1, 1995; Laws 2002, c. 488, § 33, eff. Nov. 1, 2002; Laws 2003, 
c. 46, § 35, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 17, 
eff. Nov. 1, 2004; Laws 2005, c. 195, § 26, eff. Nov. 1, 2005; Laws 
2006, c. 97, § 16, eff. Nov. 1, 2006; Laws 2009, c. 316, § 1, eff. 
Nov. 1, 2009; Laws 2010, c. 2, § 17, emerg. eff. March 3, 2010; Laws 
2012, c. 296, § 2, eff. Nov. 1, 2012; Laws 2021, c. 39, § 2, eff. 
Nov. 1, 2021. 
NOTE: Laws 2009, c. 252, § 1 repealed by Laws 2010, c. 2, § 18, 
emerg. eff. March 3, 2010. 
 
§43A-5-208. Initial assessments - Emergency detention - Release. 
A. 1. A consumer in protective custody as provided by Section 
5-207 of this title shall be subject to an initial assessment at the 
appropriate facility by a licensed mental health professional within 
twelve (12) hours of being placed in protective custody for the 
purpose of determining whether emergency detention of the consumer 
is warranted. The initial assessment of the consumer shall include 
an appropriate screening and assessment process, as determined by 
the Department of Mental Health and Substance Abuse Services, 
designed to identify possible alcohol or drug abuse or dependency. 
2. If, upon examination, the licensed mental health 
professional determines that the consumer is not a person requiring 
treatment or that the condition of the consumer is such that 
emergency detention is not warranted, the consumer shall either be 
returned by an officer immediately to the point where the consumer 
was taken into protective custody and released or taken to the home 
or residence of such consumer or to an alternative facility. If the 
home or residence of the consumer is a nursing home or group home, 
such home shall not refuse the return of the consumer to his or her 
residence. 
3. If, upon examination, the licensed mental health 
professional determines that the consumer is a person requiring 
treatment to a degree that emergency detention is warranted, the 
licensed mental health professional shall immediately prepare a 
statement describing the findings of the examination and stating the 
basis for the determination, and the consumer shall be detained in 
emergency detention for a period not to exceed one hundred twenty 
(120) hours or five (5) days, excluding weekends and holidays, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 126 
except upon a court order authorizing detention pending a hearing on 
a petition requesting involuntary commitment or treatment. 
4. During the emergency detention period: 
a. a mental health evaluation of the consumer shall be 
conducted by two licensed mental health professionals 
and, if the consumer appears to have a mental illness 
or be alcohol- or drug-dependent and be a consumer 
requiring treatment, and 
b. reasonable efforts shall be made to determine whether 
the consumer has a current and unrevoked advance 
directive executed pursuant to the Advance Directives 
for Mental Health Treatment Act. 
5. If during the emergency detention the consumer becomes 
medically unstable, the time limit on the emergency detention period 
stipulated in paragraph 3 of this subsection shall be tolled until 
the consumer is treated at a medical facility and is medically 
stabilized. 
B. 1. If a licensed mental health professional, designated to 
have the responsibility by the executive director or person in 
charge of a hospital, or the executive director or person in charge 
of a facility designated by the Commissioner of Mental Health and 
Substance Abuse Services as appropriate for emergency detention 
believes a voluntary consumer to be a person requiring treatment to 
a degree that emergency action is necessary, the hospital or 
facility may detain such consumer in emergency detention for a 
period not to exceed one hundred twenty (120) hours or five (5) 
days, excluding weekends and holidays, only on the following 
conditions: 
a. the consumer has refused to consent or has withdrawn 
consent to voluntary treatment, 
b. the consumer has been examined by a licensed mental 
health professional who has determined that the 
consumer is a person requiring treatment, the 
condition of the consumer is such that emergency 
detention is warranted, and a statement has been 
prepared as provided in subsection A of this section, 
and 
c. the executive director or person in charge or the 
designee shall provide for a mental health evaluation 
of the consumer by two licensed mental health 
professionals. 
2. If during the emergency detention the consumer becomes 
medically unstable, the time limit on the emergency detention period 
stipulated in paragraph 1 of this subsection shall be tolled until 
the consumer is treated at a medical facility and is medically 
stabilized. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 127 
C. Whenever it appears that a consumer detained pursuant to the 
provisions of this section is no longer a person requiring treatment 
and will not require treatment beyond the period of detention, the 
consumer shall be discharged and returned by an officer to the point 
where he or she was taken into protective custody, or if the 
consumer had not been in protective custody, the consumer shall be 
taken to the home or residence of the consumer or to an alternative 
facility. If the home or residence of the consumer is a nursing 
home or group home, it shall not refuse the return of the consumer 
to his or her residence. 
D. Whenever it appears that a person detained as provided by 
this section will require treatment beyond the period of emergency 
detention and the person has refused to consent to voluntary 
treatment, a licensed mental health professional conducting an 
evaluation of the person or the executive director of the facility 
in which the person is being detained, or the designee of the 
executive director, shall immediately file a petition or request the 
district attorney to file a petition with the district court as 
provided by Section 5-410 of this title, and may request a court 
order directing prehearing detention when such detention is 
necessary for the protection of the person or others. 
Added by Laws 1988, c. 260, § 6, eff. Nov. 1, 1988. Amended by Laws 
1990, c. 51, § 94, emerg. eff. April 9, 1990; Laws 1990, c. 211, § 
2, eff. Sept. 1, 1990; Laws 1997, c. 387, § 2, eff. Nov. 1, 1997; 
Laws 1998, c. 233, § 1, eff. Nov. 1, 1998; Laws 2000, c. 348, § 1, 
eff. Nov. 1, 2000; Laws 2002, c. 488, § 34, eff. Nov. 1, 2002; Laws 
2003, c. 46, § 36, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 
38, emerg. eff. May 9, 2005; Laws 2006, c. 97, § 17, eff. Nov. 1, 
2006; Laws 2009, c. 389, § 1, eff. Nov. 1, 2009; Laws 2010, c. 287, 
§ 26, eff. Nov. 1, 2010; Laws 2022, c. 297, § 4, eff. Nov. 1, 2022. 
 
§43A-5-209. Additional period of detention - Petition - Order - 
Notification of interested parties of detention. 
A. A person may be detained in emergency detention more than 
one hundred twenty (120) hours or five (5) days, excluding weekends 
and holidays, only if the facility in which the person being 
detained is presented with a copy of an order of the district court 
authorizing further detention. Such order may be entered by the 
court only after a petition has been filed seeking involuntary 
commitment or treatment pursuant to the provisions of Section 5-410 
of this title. 
B. If a copy of an order for further detention is not delivered 
to the facility by the end of the period of emergency detention, the 
person alleged to be a mentally ill person, an alcohol-dependent 
person, or a drug-dependent person and a person requiring treatment 
shall be discharged from the facility in which detained unless said 
person has applied for voluntary treatment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 128 
C. The person being held in protective custody or emergency 
detention shall be asked to designate any person whom such person 
wishes informed regarding the detention. If the person being held 
in protective custody is incapable of making such designation, the 
peace officer holding the person in protective custody shall notify 
within twenty-four (24) hours of taking the person into protective 
custody, other than the person initiating the request for protective 
custody, the attorney, parent, spouse, guardian, brother, sister, or 
child who is at least eighteen (18) years of age of the person. 
Failure of the sheriff to find such person shall within a reasonable 
time be reported to the administrator of the facility. Such fact 
shall be made a part of the records of the facility for the person 
being detained. 
Added by Laws 1988, c. 260, § 7, eff. Nov. 1, 1988. Amended by Laws 
1997, c. 387, § 3, eff. Nov. 1, 1997; Laws 1998, c. 144, § 2, emerg. 
eff. April 22, 1998; Laws 2003, c. 46, § 37, emerg. eff. April 8, 
2003; Laws 2010, c. 287, § 27, eff. Nov. 1, 2010. 
 
§43A-5-210. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. 
 
§43A-5-211. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. 
 
§43A-5-212. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. 
 
§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch 
Task Force. 
A. There is hereby created, to continue until July 1, 2012, the 
Law Enforcement Behavioral Health Emergency Dispatch Task Force. 
B. The Task Force shall consist of eleven (11) members as 
follows: 
1. The Commissioner, or designee, of the Department of Mental 
Health and Substance Abuse Services; 
2. The State Commissioner of Health, or designee, of the State 
Department of Health; 
3. An individual representing a statewide sheriffs’ 
organization to be appointed by the Speaker of the Oklahoma House of 
Representatives; 
4. An individual representing a statewide chiefs of police 
organization to be appointed by the President Pro Tempore of the 
State Senate; 
5. An individual representing a statewide hospital organization 
to be appointed by the Speaker of the Oklahoma House of 
Representatives; 
6. An individual representing a statewide behavioral health 
advocacy organization to be appointed by the President Pro Tempore 
of the Senate; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 129 
7. An individual representing a statewide organization that 
serves consumers of mental health services to be appointed by the 
Speaker of the Oklahoma House of Representatives; 
8. An individual representing a statewide association of county 
governments to be appointed by the Speaker of the House of 
Representatives; 
9. An individual representing a statewide association of city 
governments to be appointed by the President Pro Tempore of the 
Senate; 
10. One member of the Oklahoma House of Representatives as 
appointed by the Speaker of the Oklahoma House of Representatives; 
and 
11. One member of the Senate as appointed by the President Pro 
Tempore of the State Senate. 
C. 1. The Task Force: 
a. shall study and evaluate the development of a law 
enforcement behavioral health emergency dispatch 
system that will assist and encourage law enforcement 
agencies and hospitals and emergency medical service 
providers providing services pursuant to Section 1-101 
et seq. of Title 43A of the Oklahoma Statutes, to 
provide an organized system of transportation for 
persons in need of mental health or substance abuse 
inpatient treatment, 
b. shall study the practicality of adopting current 
systems in place such as the Trauma Transfer and 
Referral Center system, established pursuant to the 
Oklahoma Trauma Systems Improvement and Development 
Act or the adoption of a similar system or model to 
ensure that persons are directed to the appropriate 
hospital based on a regional plan and the current 
capability and capacity of hospitals, 
c. may divide into subcommittees in furtherance of its 
purpose, and 
d. may obtain information and assistance as necessary to 
complete its duties from any state agency. 
2. a. The Task Force shall be staffed by the Department of 
Mental Health and Substance Abuse Services. 
b. All departments, officers, agencies and employees of 
the state shall cooperate with the Task Force in 
carrying out its duties and responsibilities 
including, but not limited to, providing any 
information, records, reports or other assistance as 
may be requested by the Task Force. 
3. It shall be the duty of the Task Force to formulate 
recommendations related to the development and implementation of a 
 
Oklahoma Statutes - Title 43A. Mental Health Page 130 
law enforcement behavioral health emergency dispatch system, 
including recommendations for any resulting legislation. 
D. The members of the Task Force shall determine meeting dates. 
Members shall not be compensated for their service but shall be 
reimbursed by their appointing authorities for necessary expenses 
incurred in the performance of their duties. Members shall receive 
no compensation for their service on the Task Force, but shall 
receive travel reimbursement as follows: 
1. Legislative members shall be reimbursed for their necessary 
travel expenses incurred in the performance of their duties in 
accordance with the provisions of Section 456 of Title 74 of the 
Oklahoma Statutes; 
2. Nonlegislative members who are state officers or employees 
shall be reimbursed by their respective agencies for their necessary 
travel expenses incurred in the performance of their duties in 
accordance with the provisions of the State Travel Reimbursement 
Act; and 
3. Members who are not legislators or officers or employees of 
the state shall be reimbursed by their appointing authorities in 
accordance with the provisions of the State Travel Reimbursement 
Act. 
Added by Laws 2011, c. 370, § 2, eff. Nov. 1, 2011. 
 
§43A-5-301. Citation. 
Sections 5-301 through 5-311 of the Mental Health Law shall be 
known and may be cited as the "Mental Hospital Voluntary Admission 
Procedures Act". 
Added by Laws 1963, c. 81, § 1, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 69, eff. Nov. 1, 1986. Renumbered from § 
551 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
 
§43A-5-301.1. Person defined. 
As used in the Mental Hospital Voluntary Admission Procedures 
Act, "person" shall include: 
1. An individual eighteen (18) years of age or older; or 
2. A court-appointed Guardian Ad Litem or an individual given 
the power of attorney to make medical decisions for the individual. 
Added by Laws 1989, c. 23, § 1, eff. Nov. 1, 1989. Amended by Laws 
2007, c. 130, § 13, eff. Nov. 1, 2007. 
 
§43A-5-302. Informal consumers - Admission. 
A. Any person may be admitted to a state mental hospital or 
state-operated community mental health center or a private mental 
health hospital or private community mental health center on a 
voluntary basis as an informal consumer when there are available 
accommodations and in the judgment of the person in charge of the 
facility or a designee such person may require treatment therein. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 131 
Such person may be admitted as an informal consumer without making 
formal or written application therefor and any such informal 
consumer shall be free to leave such facility on any day between the 
hours of 9:00 a.m. and 5:00 p.m. and at such other times as the 
person in charge of the facility may determine. 
B. No person shall be admitted as an informal consumer pursuant 
to the provisions of this section to any state mental hospital or 
state-operated community mental health center unless the person in 
charge of the facility or a designee has informed such consumer in 
writing of the following: 
1. The rules and procedures of the facility relating to the 
discharge of informal consumers; 
2. The legal rights of an informal consumer receiving treatment 
from the facility; and 
3. The types of treatment which are available to the informal 
consumer at the facility. 
Added by Laws 1985, c. 116, § 1, eff. Nov. 1, 1985. Renumbered from 
§ 560 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2005, c. 150, § 39, emerg. eff. May 9, 2005; Laws 
2022, c. 297, § 5, eff. Nov. 1, 2022. 
 
§43A-5-303. Refusal to admit informal consumer - Liability. 
The state and its agents do not have a legal duty to admit a 
person as an informal consumer, and refusal to admit a person as an 
informal consumer, if made in good faith, shall not give rise to a 
cause of action by anyone damaged as a result of such refusal. 
Added by Laws 1985, c. 116, § 2, eff. Nov. 1, 1985. Renumbered from 
§ 561 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2005, c. 150, § 40, emerg. eff. May 9, 2005. 
 
§43A-5-304. Voluntary admission to state facilities - Cost of care 
and treatment - Bond. 
A. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules for the reception and retention of voluntary 
consumers by state facilities. 
B. The executive director in charge of any state facility or 
licensed private hospital for care and treatment of the mentally ill 
may at his or her discretion receive and retain therein as a 
consumer: 
1. Any person eighteen (18) years of age or over, suitable for 
care and treatment, who voluntarily makes written application; 
2. Any person, suitable for care and treatment at least sixteen 
(16) years but not over eighteen (18) years of age, with the consent 
of such person’s parent or guardian. 
C. A person received at any facility pursuant to this section 
shall not be detained for a period exceeding seventy-two (72) hours, 
excluding weekends and holidays, from and inclusive of the date of 
 
Oklahoma Statutes - Title 43A. Mental Health Page 132 
notice in writing of his or her intention or desire to leave such 
hospital or facility. 
D. The applicant, or someone on behalf of the applicant, must 
pay a bond for the cost of care and treatment or pay such cost each 
month in advance, unless it is determined that the applicant is a 
poor or indigent person as provided in this title. 
Added by Laws 1953, p. 161, § 53, emerg. eff. June 3, 1953. Amended 
by Laws 1965, c. 265, § 1, emerg. eff. June 23, 1965; Laws 1986, c. 
103, § 70, eff. Nov. 1, 1986. Renumbered from § 53 of this title by 
Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, 
c. 51, § 97, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 35, 
eff. Nov. 1, 2002; Laws 2005, c. 150, § 41, emerg. eff. May 9, 2005; 
Laws 2008, c. 401, § 13, eff. Nov. 1, 2008. 
 
§43A-5-305. Application for voluntary admission. 
Any person desiring and needing psychiatric treatment in a state 
facility for the mentally ill as a voluntary consumer may present a 
written application to the judge of the district court: 
1. Of the county in which the person resides; or 
2. Of the county in which a state hospital for the mentally ill 
is located. 
Added by Laws 1963, c. 81, § 2, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 71, eff. Nov. 1, 1986. Renumbered from § 
552 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2002, c. 488, § 36, eff. Nov. 1, 2002; Laws 2005, c. 
150, § 42, emerg. eff. May 9, 2005; Laws 2008, c. 401, § 14, eff. 
Nov. 1, 2008. 
 
§43A-5-306. Certificate of physician. 
The application described in Section 5-305 of this title shall 
be accompanied by a certificate in duplicate signed by a licensed 
doctor of medicine or osteopathic physician who is duly licensed to 
practice his such profession by the Oklahoma State Board of Medical 
Licensure and Supervision or the Oklahoma Board of Osteopathic 
Examiners, who is not related by blood or marriage to the person 
being examined, and who has no interest in the estate of the person 
being examined. This certificate shall include the following: 
1. A statement that a physician licensed in this state has 
personally examined the person; 
2. A statement that such physician is not related by blood or 
marriage to the person being examined and has no interest in the 
estate of the person being examined; 
3. A determination that the person has a mental illness that 
requires inpatient admission; 
4. A statement that the person may not be held at the facility 
for longer than one hundred twenty (120) hours or five (5) days, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 133 
excluding weekends and holidays, past the time when such person has 
revoked consent to stay for treatment; 
5. Information on the benefits and side effects of the 
treatment the person will receive in an inpatient setting; 
6. Certification that the person has made a knowing and willing 
consent to voluntary inpatient treatment; and 
7. The physician’s signature made under penalty of perjury. 
Added by Laws 1963, c. 81, § 3, emerg. eff. May 21, 1963. 
Renumbered from § 553 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1987, c. 118, § 3, operative 
July 1, 1987; Laws 2003, c. 46, § 38, emerg. eff. April 8, 2003; 
Laws 2005, c. 150, § 43, emerg. eff. May 9, 2005; Laws 2008, c. 401, 
§ 15, eff. Nov. 1, 2008; Laws 2010, c. 287, § 28, eff. Nov. 1, 2010. 
 
§43A-5-307. Questioning of applicant by judge of the district court 
- Order. 
When the applicant appears in person before the judge of the 
district court and presents the application and the certificate of 
the examining doctor of medicine or osteopathic physician, the judge 
of the district court shall fully question the applicant. If the 
judge of the district court is satisfied that the applicant fully 
understands the nature of the application and the consequences which 
the law will impose in the event applicant is admitted to the 
hospital as a consumer and that the application is voluntarily made, 
the judge of the district court shall forthwith make an order 
authorizing the executive director of the appropriate State Hospital 
for the mentally ill to admit the applicant as a consumer. 
Added by Laws 1963, c. 81, § 4, emerg. eff. May 21, 1963. 
Renumbered from § 554 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 44, emerg. eff. 
May 9, 2005. 
 
§43A-5-308. Order authorizing admission. 
The order of the judge of the district court authorizing the 
admission of an applicant as a voluntary consumer pursuant to the 
provisions of the Mental Hospital Voluntary Admission Procedures Act 
shall contain the following findings: 
1. A physician licensed in this state personally examined the 
person requesting inpatient admission for psychiatric care; 
2. Such physician certified that the person has a mental 
condition that requires inpatient admission; 
3. The person knowingly and willingly consented to voluntary 
inpatient admission; 
4. The person fully understands the benefits, consequences, 
conditions, and side effects of inpatient admission and treatment, 
and agrees to them; and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 134 
5. An arrangement for the transportation of the person to the 
inpatient facility. 
Added by Laws 1963, c. 81, § 5, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 72, eff. Nov. 1, 1986. Renumbered from § 
555 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2005, c. 150, § 45, emerg. eff. May 9, 2005; Laws 
2008, c. 401, § 16, eff. Nov. 1, 2008. 
 
§43A-5-309. Detention against will prohibited - Notice of desire to 
be discharged. 
No consumer admitted to a state or private mental hospital under 
the provisions of the Mental Hospital Voluntary Admission Procedures 
Act shall be detained in a mental hospital against the will of the 
person more than one hundred twenty (120) hours or five (5) days, 
excluding weekends and holidays, after the consumer gives notice in 
writing to the executive director of the facility of the desire of 
the consumer to be discharged from the facility. If during the 
emergency detention the consumer becomes medically unstable, the 
time limit on the emergency detention period stipulated in this 
section shall be tolled until the consumer is treated at a medical 
facility and is medically stabilized. The executive director of the 
facility may designate one or more employees of the facility to 
receive a notification provided by this section with the same effect 
as if delivered to the executive director personally. 
Added by Laws 1963, c. 81, § 6, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 73, eff. Nov. 1, 1986. Renumbered from § 
556 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2001, c. 186, § 15, eff. Nov. 1, 2001; Laws 2005, c. 
150, § 46, emerg. eff. May 9, 2005; Laws 2010, c. 287, § 29, eff. 
Nov. 1, 2010; Laws 2022, c. 297, § 6, eff. Nov. 1, 2022. 
 
§43A-5-310. Mental Health Law provisions applicable. 
Unless otherwise provided by law, the provisions of the Mental 
Health Law shall be applicable to consumers admitted to state mental 
hospitals under the provisions of the Mental Hospital Voluntary 
Admission Procedures Act. 
Added by Laws 1963, c. 81, § 7, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 74, eff. Nov. 1, 1986. Renumbered from § 
557 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2005, c. 150, § 47, emerg. eff. May 9, 2005. 
 
§43A-5-311. Procedure as cumulative. 
The admission procedure prescribed by the Mental Hospital 
Voluntary Admission Procedures Act shall be cumulative to the 
procedures prescribed by other provisions of law. Nothing herein 
shall affect the admission procedures prescribed by other provisions 
of law. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 135 
Added by Laws 1963, c. 81, § 9, emerg. eff. May 21, 1963. Amended 
by Laws 1986, c. 103, § 75, eff. Nov. 1, 1986. Renumbered from § 
559 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
 
§43A-5-401. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. 
NOTE: Subsequent to repeal, § 5-401 was amended by Laws 1997, c. 
195, § 3 to read as follows: 
A. The father, mother, husband, wife, brother, sister, guardian 
or child, over the age of eighteen (18) years, of a person alleged 
to be a person requiring treatment, or the parent, father, mother, 
guardian or person having custody of a minor child, a physician or 
person in charge of any facility or correctional institution, or any 
peace officer within the county in which the person alleged to be a 
person requiring treatment resides or may be found or the district 
attorney in whose district the person requiring treatment resides or 
may be found, may petition the district court, upon which is hereby 
conferred jurisdiction, to determine whether the person is a person 
requiring treatment and to order the least restrictive appropriate 
treatment for that person. The petition shall contain a statement 
of the facts upon which the allegation is based and, if known, the 
names and addresses of any witnesses to the alleged facts. The 
petition shall be verified and made under penalty of perjury. 
B. Upon the filing of a petition, the district court shall 
determine, based upon clear and convincing evidence, whether there 
is probable cause to detain the person requiring treatment prior to 
a hearing on the petition. If the court finds that probable cause 
does exist, an order may be entered authorizing any peace officer to 
take that person into custody and to detain such person in a 
suitable facility prior to the hearing on the petition; provided 
that such period of temporary detention shall not exceed seventy-two 
(72) hours, excluding days when the district court is not in 
session. Such detention shall be extended to coincide with any 
order of continuance entered by the court at the first hearing. A 
certified copy of the order of continuance shall constitute 
authority for the facility to continue to detain the subject 
individual during the period of continuance. 
C. Upon receiving the petition, the court shall fix a day for 
the hearing thereof and shall forthwith appoint an attorney and an 
examining commission. A copy of the petition and notice as 
hereinafter described shall be served personally at least one (1) 
day before the examining commission is scheduled to hold its 
proceedings, and as many additional days as are requested by the 
person alleged to be a person requiring treatment or the person's 
attorney as are reasonable without prejudice to the person. Any 
request for additional days shall be subject to the discretion of 
the court, considering the facts and circumstances of each 
 
Oklahoma Statutes - Title 43A. Mental Health Page 136 
particular case, including cost. The notice shall contain the 
following information: 
1. The definition provided by the Mental Health Law of a 
mentally ill person and a person requiring treatment; 
2. A statement that the court has appointed an examining 
commission composed of two qualified examiners to examine the mental 
condition of the person allegedly requiring treatment and execute a 
certificate of their findings; 
3. The time and place of any examination to be conducted by the 
examining commission, and the hearing on the petition; 
4. A statement that, upon request, the hearing on the petition 
may be conducted as a jury trial and the jury shall be composed of 
six persons having the qualifications required of jurors in courts 
of record; 
5. A statement that the petitioner and witnesses identified in 
the petition may offer testimony under oath at the hearing on the 
petition; 
6. A statement that the court has appointed an attorney for the 
person alleged to be a person requiring treatment who shall 
represent the person until final disposition of the case; 
7. A statement that if the person alleged to be a person 
requiring treatment is indigent, the court shall pay the attorney 
fees; 
8. A statement that if the person is found at the hearing or at 
a jury trial to be mentally ill and a person requiring treatment 
under this act, that the court will take evidence and make findings 
of fact concerning the person's competency to consent or to refuse 
the treatment that is ordered, including, but not limited to, the 
patient's right to refuse psychotropic medications; and 
9. A statement that the person alleged to be a person requiring 
treatment shall be afforded such other rights as are guaranteed by 
state and federal law and that such rights include a trial by jury, 
if demanded. The notice shall be served upon the person alleged to 
be a person requiring treatment, the person's father, mother, 
husband, wife or guardian or, in their absence, someone of the next 
of kin, of legal age, if any such persons are known to be residing 
within the county, and upon such person's relatives residing outside 
of the county, as may be ordered by the court, and also upon the 
person with whom the person alleged to be a person requiring 
treatment may reside, or at whose house the person may be. The 
person making such service shall make affidavit of the same and file 
such notice, with proof of service, with the district court. This 
notice may be served in any part of the state when so ordered by the 
court. 
D. 1. The attorney appointed by the court shall be a licensed 
and actively practicing attorney who shall represent the person 
alleged to be a person requiring treatment until final disposition 
 
Oklahoma Statutes - Title 43A. Mental Health Page 137 
of the case. The court may appoint a public defender where 
available. The attorney shall meet and consult with the person 
within one (1) day of notification of his appointment. The attorney 
shall immediately, upon meeting with the person alleged to be a 
person requiring treatment, present to such person a statement of 
the person's rights, including all rights afforded to the person by 
the Oklahoma and United States Constitutions. The attorney shall be 
required to notify the court of any current and unrevoked advance 
directive that has been executed by the person alleged to be a 
person requiring treatment pursuant to the Advance Directives for 
Mental Health Treatment Act and to provide a written copy of the 
advance directive to the court and a representative of the district 
attorney's office, if available. 
2. The court-appointed attorney shall be replaced by another 
attorney if: 
 a. the person alleged to be a person requiring treatment 
prefers the services of an attorney other than the one 
initially appointed for him, 
 b. the preferred attorney agrees to accept the responsibility, 
and 
 c. the person alleged to be a person requiring treatment or 
the attorney whom the person prefers notifies the court of 
the preference and the attorney's acceptance of employment. 
The preferred attorney shall meet and consult with the person 
alleged to be a person requiring treatment within one (1) day of the 
employment of the attorney. Any request for additional days shall 
be subject to the discretion of the court, considering the facts and 
circumstances of each particular case, including cost. 
E. The attorney fees for all services shall be paid by the 
person alleged to be a person requiring treatment. However, if the 
person alleged to be a person requiring treatment, or a person 
empowered pursuant to law to act on behalf of such person, submits 
an affidavit that such person is indigent, and unable to pay 
attorney fees, the attorney fees shall be paid from the court fund, 
after a determination by the court that such person is indigent. 
The amount of such fee shall be set by the court. 
F. The district court shall in each case appoint an examining 
commission composed of two qualified examiners, one of whom may be a 
licensed clinical psychologist. The qualified examiners shall make 
a careful personal examination and inquiry into the mental condition 
of the person alleged to be a person requiring treatment and execute 
a certificate of their findings. The examining commission appointed 
by the court shall have the right to conduct an examination of the 
mental condition of the person alleged to be a person requiring 
treatment, either prior to or at the time of the hearing on the 
petition. Any examination that is conducted prior to the hearing 
 
Oklahoma Statutes - Title 43A. Mental Health Page 138 
shall be on proper notice to the person and the appointed or 
selected attorney for the person. 
G. The examining commission forms shall be printed or written 
on eight and one-half inch by eleven inch (8 1/2" x 11") sheets of 
paper and shall be substantially as follows: 
EXAMINER'S CERTIFICATE 
We, the undersigned, together and in the presence of 
each other, have made a personal examination of _____, 
a person alleged to be a person requiring treatment, 
and do hereby certify that we did on the _________ day 
of _________________, 19__, make a careful personal 
examination of the actual condition of the said person 
and have interrogated ________________, the person 
seeking the commitment of ______________, and 
_________________, the witness(es) identified in the 
petition, and on such examination we find that she/he 
is/not a person requiring treatment. The facts and 
circumstances on which we base our opinions are stated 
in the following report of symptoms and history of 
case, which is hereby made a part hereof. 
We are duly licensed to practice in the State of 
Oklahoma, are not related to ___________________ by 
blood or marriage, and have no interest in her/his 
estate. 
Witness our hands this __________ day of ___________, 
19__. 
 ___________________, M.D., D.O., Ph.D., Other 
___________________, M.D., D.O., Ph.D., Other 
Subscribed and sworn to before me this _______________________ 
day of ________________, 19__. 
__________________________________________ 
Notary Public 
REPORT OF SYMPTOMS AND HISTORY OF 
CASE BY EXAMINERS 
l. GENERAL 
Complete name _________________________________________________ 
Place of residence ____________________________________________ 
Sex _______________ Color _______________ 
Age _________________ 
Date of Birth _________________________________________________ 
Place of Birth ________________________________________________ 
Length of residency in Oklahoma _______________________________ 
Single, married, widowed, separated, divorced _________________ 
Number of children living _____________________________________ 
Number dead ___________________________________________________ 
Occupation ____________________________________________________ 
Date of last employment _______________________________________ 
 
Oklahoma Statutes - Title 43A. Mental Health Page 139 
Education _____________________________________________________ 
Religion ______________________________________________________ 
Name, relationship, address, and telephone number of 
 correspondents: _____________________________________________ 
_______________________________________________________________ 
_______________________________________________________________ 
2. HISTORY OF FAMILY 
Name of father ________________________________________________ 
Birthplace __________________________________________________ 
Maiden name of mother _________________________________________ 
Birthplace __________________________________________________ 
Name of spouse (or maiden name of wife) _______________ 
Birthplace __________________________________________________ 
General characteristics of family _____________________________ 
What relatives have had mental or nervous trouble? ____________ 
_______________________________________________________________ 
3. HISTORY OF PATIENT PREVIOUS TO PRESENT ILLNESS 
Describe the general health, development, sickness and accidents 
prior to the present disorder _______________________________ 
Personality, school record, and social habits _________________ 
Previous attacks and hospitalization for mental 
health: _____________________________________________________ 
Place and date ________________________________________________ 
_______________________________________________________________ 
HISTORY OF PRESENT ILLNESS 
Supposed cause ________________________________________________ 
Date of onset and course ______________________________________ 
Abnormal talk _________________________________________________ 
Suicidal tendencies ___________________________________________ 
Abnormal conduct ______________________________________________ 
History of violence ___________________________________________ 
Special and unusual symptoms __________________________________ 
Use of alcohol ________________________________________________ 
Use of narcotics ______________________________________________ 
Diagnosis, if determined ______________________________________ 
Dangerous? Yes ______________ No _________________ If Yes, 
 explain basis for opinion ___________________________________ 
State the least restrictive treatment which is appropriate to 
 condition ___________________________________________________ 
State the least restrictive treatment which is available 
 within the catchment area ___________________________________ 
Is the patient competent to refuse treatment that is 
 ordered? ____________________________________________________ 
NAME AND RELATIONSHIPS OF INFORMANTS 
Other data ____________________________________________________ 
Dated at ______________, Oklahoma, this ___________day of 
______________________, 19__ 
 
Oklahoma Statutes - Title 43A. Mental Health Page 140 
______________, M.D., D.O., Ph.D., Other 
 _______________________________________ 
 Address 
______________, M.D., D.O., Ph.D., Other 
_______________________________________ 
 Address 
H. The members of the examining commission making an 
examination and certifying the condition of the person alleged to be 
a person requiring treatment shall, regardless of whether or not 
they find such person mentally ill, be entitled to receive for such 
services a reasonable sum set by the court, and twenty cents ($0.20) 
per mile for travel necessarily performed in going to the place of 
such examination and such further sum for expenses as the judge of 
the district court shall allow, such sums to be paid from the local 
court fund. Any private fees or funds received or recovered in 
connection with such hearing shall be deposited to the credit of the 
local court fund. 
I. The person alleged to be a person requiring treatment shall 
have the right to be present at the hearing on the petition or jury 
trial unless it is made to appear to the court that the presence of 
the person alleged to be a person requiring treatment makes it 
impossible to conduct the hearing or trial in a reasonable manner or 
that the presence of the person would be injurious to the health or 
well-being of the person. The court may not decide in advance of 
the hearing, solely on the basis of the certificate of the examining 
commission, that the person alleged to be a person requiring 
treatment should not be allowed nor required to appear. It shall be 
made to appear to the court based upon clear and convincing evidence 
that alternatives to exclusion were attempted before the court 
renders the removal for that purpose or determines that the 
appearance at such hearing would be improper and unsafe. 
J. The court, at the hearing on the petition, shall determine 
by clear and convincing evidence if the person is a person requiring 
treatment, and the court will take evidence and make findings of 
fact concerning the person's competency to consent to or refuse the 
treatment that may be ordered, including, but not limited to, the 
patient's right to refuse medication. If a jury trial is not 
demanded, the court may receive as evidence and act upon the 
affidavits and reports of the examining commission, without further 
evidence being presented. If the court deems it necessary, or if 
the person alleged to be a person requiring treatment shall so 
demand, the court shall schedule the hearing on the petition as a 
jury trial to be held within seventy-two (72) hours of the demand, 
excluding days when the court is not officially in session, or 
within as much additional time as is requested by the attorney of 
the person requiring treatment, upon good cause shown. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 141 
K. At the hearing on the petition, when it is conducted as a 
jury trial, the petitioner and any witness in behalf of the 
petitioner shall be subject to cross-examination by the attorney for 
the person alleged to be a person requiring treatment. The person 
alleged to be a person requiring treatment may also be called as a 
witness and cross-examined. No statement, admission or confession 
made by the person alleged to be a person requiring treatment may be 
used for any purpose except for proceedings under this section. No 
such statement, admission or confession may be used against such 
person in any criminal action whether pending at the time the 
hearing is held or filed against such person at any later time 
directly or in any manner or form. 
L. If any person admitted under this section or any other 
provision of law is not found at the hearing on the petition to be a 
person requiring treatment after the person is admitted to a 
facility, the person shall be discharged immediately. 
M. If any person admitted under this section or any other 
provision of law is found at the hearing on the petition to be a 
person requiring treatment, such person shall be delivered to the 
custody of the Department of Mental Health and Substance Abuse 
Services for a placement that is suitable to the person's needs. 
N. The court shall make and keep records of all cases brought 
before it. No records of proceedings under the Mental Health Law 
shall be open to public inspection except by order of the court or 
to employees of the Department of Mental Health and Substance Abuse 
Services, the person's attorney of record, or persons having a 
legitimate treatment interest. 
O. Bonded abstractors may be deemed to be persons having a 
legitimate interest for the purpose of having access to records 
regarding determinations of persons requiring treatment under this 
section. 
 
§43A-5-402. Repealed by Laws 1997, c. 387, § 11, eff. Nov. 1, 1997. 
 
§43A-5-403. Renumbered as § 5-417 of this title by Laws 1997, c. 
387, § 12, eff. Nov. 1, 1997. 
 
§43A-5-404. Renumbered as § 5-418 of this title by Laws 1997, c. 
387, § 12, eff. Nov. 1, 1997. 
 
§43A-5-405. Renumbered as § 5-416 of this title by Laws 1997, c. 
387, § 12, eff. Nov. 1, 1997. 
 
§43A-5-406. Renumbered as § 5-419 of this title by Laws 1997, c. 
387, § 12, eff. Nov. 1, 1997. 

Oklahoma Statutes - Title 43A. Mental Health Page 142 
§43A-5-407. Renumbered as § 5-420 of this title by Laws 1997, c. 
387, § 12, eff. Nov. 1, 1997. 
 
§43A-5-410. Petition regarding person requiring treatment. 
A. The following persons may file or request the district 
attorney to file a petition with the district court, upon which is 
hereby conferred jurisdiction, to determine whether an individual is 
a person requiring treatment, and to order the least restrictive 
appropriate treatment for the person: 
1. A treatment advocate as defined in Section 1-109.1 of this 
title; 
2. The father, mother, husband, wife, grandparent, brother, 
sister, guardian or child, over the age of eighteen (18) years, of 
an individual alleged to be a person requiring treatment; 
3. A licensed mental health professional; 
4. A person in charge of any correctional institution; 
5. Any peace officer within the county in which the individual 
alleged to be a person requiring treatment resides or may be found; 
or 
6. The district attorney in whose district the person resides 
or may be found. 
B. The petition shall contain a statement of the facts upon 
which the allegation is based and, if known, the names and addresses 
of any witnesses to the alleged facts. 
1. The petition shall be verified and made under penalty of 
perjury. 
2. A request for the prehearing detention of the individual 
alleged to be a person requiring treatment may be attached to the 
petition. 
3. If the individual alleged to be a person requiring treatment 
is being held in emergency detention, a copy of the mental health 
evaluation shall be attached to the petition. 
C. Petitions filed to determine if an individual should be 
ordered to assisted outpatient treatment as defined by Section 1-103 
of this title shall only be filed by a licensed mental health 
professional employed by the Department of Mental Health and 
Substance Abuse Services or employed by a community mental health 
center certified by the Department pursuant to Section 3-306.1 of 
this title. 
D. The inpatient mental health treatment of minors shall be 
pursuant to the provisions of the Inpatient Mental Health and 
Substance Abuse Treatment of Minors Act. 
Added by Laws 1997, c. 387, § 4, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 37, eff. Nov. 1, 2002; Laws 2004, c. 191, § 1, 
emerg. eff. May 3, 2004; Laws 2006, c. 97, § 18, eff. Nov. 1, 2006; 
Laws 2011, c. 294, § 2, eff. Nov. 1, 2011; Laws 2012, c. 21, § 1, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 143 
eff. Nov. 1, 2012; Laws 2013, c. 217, § 1, eff. Nov. 1, 2013; Laws 
2016, c. 177, § 7, eff. Nov. 1, 2016. 
 
§43A-5-411. Rights of individual alleged to require treatment. 
A. An individual alleged to be a person requiring treatment 
shall have the following rights: 
1. The right to notice, as provided by Section 5-412 of this 
title; 
2. The right to counsel, including court-appointed counsel, and 
if the person has no counsel, that the court shall appoint an 
attorney to represent the person at no cost if the person is an 
indigent person and cannot afford an attorney; 
3. The right to a hearing and the right to a closed hearing, 
unless the person requests otherwise; 
4. Upon request, right to a jury trial. The jury shall be 
composed of six persons having the qualifications required of jurors 
in courts of record; 
5. The right to be present at the hearing on the petition or 
jury trial. The person shall be present at the hearing or jury 
trial unless the court finds that the presence of the person alleged 
to be a person requiring treatment makes it impossible to conduct 
the hearing or trial in a reasonable manner or that the presence of 
the person would be injurious to the health or well-being of such 
person. 
a. The court shall not decide in advance of the hearing, 
solely on the basis of the mental health evaluation, 
that the person alleged to be a person requiring 
treatment should not be allowed nor required to 
appear. 
b. Prior to issuing an order excluding the person from 
the hearing or jury trial, the court shall find, based 
upon clear and convincing evidence, that alternatives 
to exclusion of the person were attempted; 
6. The right to present and to cross-examine witnesses. The 
petitioner and witnesses identified in the petition shall offer 
testimony under oath at the hearing on the petition. When the 
hearing is conducted as a jury trial, the petitioner and any witness 
in behalf of the petitioner shall be subject to cross-examination by 
the attorney for the person alleged to be a person requiring 
treatment. The person alleged to be a person requiring treatment 
may also be called as a witness and cross-examined. 
B. An individual alleged to be or found by a court to be a 
person requiring treatment shall be afforded such other rights as 
are guaranteed by state and federal law. 
C. No statement, admission or confession made by the person 
alleged to be a person requiring treatment shall be used for any 
purpose except for proceedings under this act. No such statement, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 144 
admission or confession may be used against such person in any 
criminal action whether pending at the time the hearing is held or 
filed against such person at any later time directly or in any 
manner or form. 
D. An attorney appointed by the court to represent a person 
alleged to be a person requiring treatment shall be a licensed and 
actively practicing attorney who shall represent the person until 
final disposition of the case. The court may appoint a public 
defender where available. 
1. The attorney appointed by the court shall meet and consult 
with the person within one (1) day of notification of the 
appointment. The attorney shall immediately, upon meeting with the 
person alleged to be a person requiring treatment, present to such 
person a statement of the rights, including all rights afforded to 
persons alleged to be a person requiring treatment by the Oklahoma 
and the United States Constitutions. 
2. The court-appointed attorney shall be replaced by another 
attorney if: 
a. the person alleged to be a person requiring treatment 
prefers the services of an attorney other than the one 
initially appointed for the person, 
b. the preferred attorney agrees to accept the 
responsibility, and 
c. the person alleged to be a person requiring treatment 
or the preferred attorney notifies the court of the 
preference and the attorney's acceptance of 
employment. 
The preferred attorney shall meet and consult with the person within 
one (1) day of employment or appointment. Any request for 
additional days shall be subject to the discretion of the court, 
considering the facts and circumstances of each particular case, 
including cost. 
3. The attorney fees for all services shall be paid by the 
person alleged to be a person requiring treatment. However, if the 
person alleged to be a person requiring treatment, or a person 
empowered pursuant to law to act on behalf of such person, submits 
an affidavit that such person is indigent and unable to pay attorney 
fees, the attorney fees shall be paid from the court fund, after a 
determination by the court that such person is indigent. The amount 
of such fee shall be set by the court. 
4. The attorney representing the person alleged to be a person 
requiring treatment shall notify the court of any current and 
unrevoked advance directive that has been executed by such person 
pursuant to the Advance Directives for Mental Health Treatment Act 
and provide a written copy of the advance directive, if available, 
to the court and a representative of the district attorney's office. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 145 
Added by Laws 1997, c. 387, § 5, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 38, eff. Nov. 1, 2002; Laws 2006, c. 97, § 19, eff. 
Nov. 1, 2006. 
 
§43A-5-412. Notice. 
A. Notice of the date, time and place of the hearing on a 
petition alleging a person to be a person requiring treatment shall 
be delivered to such person at least one (1) day prior to the 
hearing. Notice shall be personally delivered to the person 
together with a copy of the petition and copies of the mental health 
evaluation and any order of the court directing prehearing 
detention. 
B. The notice shall contain the following information: 
1. The definitions provided by Section 1-103 of this title of a 
"mental illness" and a "person requiring treatment"; 
2. If applicable, that the court has ordered the mental health 
evaluation of the person by two licensed mental health 
professionals, at least one of whom is a psychiatrist who is a 
diplomate of the American Board of Psychiatry and Neurology, a 
licensed clinical psychologist, or a licensed Doctor of Medicine or 
Doctor of Osteopathy who has received specific training for and is 
experienced in performing mental health therapeutic, diagnostic, or 
counseling functions, for the purpose of conducting an evaluation of 
the person alleged to be a person requiring treatment stating their 
findings, and the time and place of the evaluation; 
3. That, upon request, the hearing on the petition may be 
conducted as a jury trial and the jury shall be composed of six 
persons having the qualifications required of jurors in courts of 
record; 
4. That the petitioner and witnesses identified in the petition 
may offer testimony under oath at the hearing on the petition; 
5. If applicable, that the court has appointed an attorney for 
the person alleged to be a person requiring treatment who shall 
represent the person until final disposition of the case and that if 
the person is indigent, the court shall pay the attorney fees; 
6. That, if the person is found at the hearing or at a jury 
trial to be a person requiring treatment under Section 5-410 et seq. 
of this title, the court will take evidence and make findings of 
fact concerning the person's competency to consent or to refuse the 
treatment that is ordered, including, but not limited to, the right 
of the person to refuse psychotropic medications; and 
7. That the person alleged to be a person requiring treatment 
shall be afforded such other rights as are guaranteed by state and 
federal law. 
C. The person delivering the copy of the notice and petition to 
the person alleged to be a person requiring treatment shall, at the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 146 
time of delivery, explain the content, purpose and effect of the 
notice and the legal right to judicial review by habeas corpus. 
D. 1. A copy of the notice, the petition, and the attachments 
to the petition shall also be delivered at least one (1) day prior 
to the hearing to: 
a. the individual initiating the request for protective 
custody, emergency detention, involuntary commitment 
or prehearing detention, 
b. the attorney or court-appointed counsel of the person, 
to the district attorney, and to the public defender, 
if any, 
c. the facility, if any, in which the person is detained 
in emergency detention, 
d. if any exist and if one is known, the treatment 
advocate as defined pursuant to Section 1-109.1 of 
this title, a person having a valid power of attorney 
with health care decision-making authority, a person 
having a valid guardianship with health care decision-
making authority, a person having an advance health 
care directive, or a person having an attorney-in-fact 
as designated in a valid mental health advance 
directive, unless specifically indicated otherwise by 
the instrument or court order. The documents shall 
not identify the alleged person requiring treatment 
directly or indirectly as a person with a substance 
abuse disorder, and 
e. if the designations or orders listed in subparagraph d 
of this paragraph do not exist or are not known, then 
a parent, spouse, guardian, brother, sister or child 
who is at least eighteen (18) years of age of the 
person alleged to be a person requiring treatment and 
who is not the individual initiating the petition or a 
request for protective custody, emergency detention, 
involuntary commitment or prehearing detention. The 
documents shall not identify the alleged person 
requiring treatment directly or indirectly as a person 
with a substance abuse disorder. Notice shall also be 
delivered to any other person as may be ordered by the 
court. 
2. The notice required by this subsection may be served 
personally or by certified mail. When notice is served personally, 
the person making such service shall make affidavit of the same and 
file such notice, with proof of service, with the district court. 
This notice may be served in any part of the state when so ordered 
by the court. 
E. Notice of orders of a court directing a mental health 
evaluation or prehearing detention of a person alleged to be a 
 
Oklahoma Statutes - Title 43A. Mental Health Page 147 
person requiring treatment shall be delivered in substantially the 
same manner as provided by subsection A of this section. Notice of 
a court order directing a mental health evaluation of the person 
shall be delivered at least one (1) day before the evaluation, and 
as many additional days as are requested by the person alleged to be 
a person requiring treatment or the attorney of such person as are 
reasonable without prejudice to the person. Any request for 
additional days shall be subject to the discretion of the court, 
considering the facts and circumstances of each particular case. 
Added by Laws 1997, c. 387, § 6, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 39, eff. Nov. 1, 2002; Laws 2006, c. 97, § 20, eff. 
Nov. 1, 2006; Laws 2007, c. 130, § 14, eff. Nov. 1, 2007; Laws 2013, 
c. 217, § 2, eff. Nov. 1, 2013. 
 
§43A-5-413. Prehearing detention. 
A. When a request for an order of prehearing detention is 
attached to a petition alleging a person to have a mental illness 
and to be a person requiring treatment, the district court shall 
determine whether there is probable cause to detain the person who 
is the subject of the petition prior to a hearing on the petition. 
1. If the court issues an order for detention, it shall 
immediately set a date, time, and place for a hearing on the 
petition, and shall issue notice to each individual required to 
receive notice pursuant to Section 5-412 of this title. 
2. The period of prehearing detention shall not exceed seventy-
two (72) hours, excluding the weekends and holidays, except upon a 
court order authorizing detention beyond a seventy-two-hour period 
or pending the hearing on a petition requesting involuntary 
commitment or treatment. Prehearing detention may be extended to 
coincide with any order of continuance entered by the court. 
B. If the court finds that probable cause to detain the person 
alleged to have a mental illness and to be a person requiring 
treatment does not exist, the court shall dismiss the request and, 
if the person is being held in protective custody or emergency 
detention, order the person released and returned to the point where 
such person was taken into protective custody. 
C. If the court finds that probable cause to detain the person 
alleged to have a mental illness and to be a person requiring 
treatment does exist: 
1. An order may be entered authorizing any peace officer to 
take that person into custody and to detain such person in a 
suitable facility prior to the hearing on the petition; or 
2. If the person is being held in emergency detention, the 
court may issue an order authorizing the facility to detain the 
person prior to a hearing on the petition. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 148 
A certified copy of an order of prehearing detention shall 
constitute authority for a facility to detain or to continue to 
detain the person who is the subject of the order. 
Added by Laws 1997, c. 387, § 7, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 40, eff. Nov. 1, 2002; Laws 2013, c. 217, § 3, eff. 
Nov. 1, 2013. 
 
§43A-5-414. Evaluations. 
A. If a mental health evaluation is not attached to a petition 
alleging a person to be a person requiring treatment at the time the 
petition is filed, the court shall order the person who is the 
subject of the petition to undergo a mental health evaluation by two 
licensed mental health professionals, and a mental health evaluation 
to be completed and filed with the court prior to the hearing. 
1. The mental health evaluation shall be conducted on an 
outpatient basis unless the court has issued an order for prehearing 
detention. 
2. A copy of all petitions, orders, affidavits, powers of 
attorney, advance health care directives, treatment advocate 
designations, mental health advance directives, guardianships, 
police reports and other relevant documents shall accompany the 
person to the place where the mental health evaluation is to be 
conducted. 
3. Upon completion of the mental health evaluation, the 
facility shall transmit a copy of the evaluation prepared by the 
licensed mental health professionals to the court and to the 
attorney of record for the person evaluated. 
B. The report of the licensed mental health professionals 
conducting the mental health evaluation pursuant to this section 
shall include written findings as to whether: 
1. The person being evaluated appears to be a person requiring 
treatment as defined in this title, and is reasonably likely to 
benefit from mental health or substance abuse treatment; and 
2. Based on the following, inpatient treatment is the least 
restrictive alternative that meets the needs of the person: 
a. reasonable efforts have been made to provide for the 
mental health or substance abuse treatment needs of 
the person through the provision of less restrictive 
alternatives and the alternatives have failed to meet 
the treatment needs of the person, or 
b. after a thorough consideration of less restrictive 
alternatives to inpatient treatment, the condition of 
the person is such that less restrictive alternatives 
are unlikely to meet the treatment needs of the 
person. 
Added by Laws 1997, c. 387, § 8, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 41, eff. Nov. 1, 2002; Laws 2006, c. 97, § 21, eff. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 149 
Nov. 1, 2006; Laws 2013, c. 3, § 1, eff. Nov. 1, 2013; Laws 2013, c. 
217, § 4, eff. Nov. 1, 2013. 
 
§43A-5-415. Hearing – Order - Records. 
A. Upon receiving a petition alleging a person to be a person 
requiring treatment, the court shall set a day and time for the 
hearing. 
1. If the person alleged to be a person requiring treatment 
does not have an attorney, the court shall immediately appoint an 
attorney for the person. 
2. If a copy of a mental health evaluation is not attached to 
the petition at the time it is filed, the court shall immediately 
order a mental health evaluation of the person as provided by 
Section 5-414 of this title. 
B. If the court deems it necessary, or if the person alleged to 
be a person requiring treatment demands, the court shall schedule 
the hearing on the petition as a jury trial to be held within one 
hundred twenty (120) hours or five (5) days of the demand, excluding 
weekends and holidays, or within as much additional time as is 
requested by the attorney of such person upon good cause shown. 
C. The court, at the hearing on the petition, shall determine 
by clear and convincing evidence whether the person is a person 
requiring treatment. 
1. The court shall take evidence and make findings of fact 
concerning the person's competency to consent to or refuse the 
treatment that may be ordered, including, but not limited to, the 
consumer's right to refuse medication. 
2. If a jury trial is not demanded, the court may receive as 
evidence and act upon the affidavits of the licensed mental health 
professionals who evaluated the person and the mental health 
evaluation. 
3. When the hearing is conducted as a jury trial, the 
petitioner and any witness in behalf of the petitioner shall be 
subject to cross-examination by the attorney for the person alleged 
to be a person requiring treatment. The person alleged to be a 
person requiring treatment may also be called as a witness and 
cross-examined. 
D. After the hearing, when the court determines that the person 
is not a person requiring treatment, the court shall dismiss the 
petition and, if the person is being detained, order the person to 
be discharged from detention. 
E. After the hearing, when the court determines the person to 
be a person requiring treatment, the court shall order the person to 
receive the least restrictive treatment consistent with the 
treatment needs of the person and the safety of the person and 
others. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 150 
1. The court shall not order hospitalization without a thorough 
consideration of available treatment alternatives to hospitalization 
and may direct the submission of evidence as to the least 
restrictive treatment alternative or may order a mental health 
examination. 
2. If the court finds that a program other than hospitalization 
is appropriate to meet the treatment needs of the individual and is 
sufficient to prevent injury to the individual or to others, the 
court may order the individual to receive whatever treatment other 
than hospitalization that is appropriate for a period set by the 
court, during which time the court shall continue its jurisdiction 
over the individual as a person requiring treatment. 
3. If the court orders the person to be committed for 
involuntary inpatient treatment, the court shall commit the person 
to the custody of the Department of Mental Health and Substance 
Abuse Services for a placement that is suitable to the person's 
needs or to a private facility willing to accept the person for 
treatment. 
4. The person shall be delivered to the custody of the 
Department of Mental Health and Substance Abuse Services for a 
placement that is suitable to the person's needs or to a private 
facility willing to accept the person for treatment. 
5. If the person is placed in the custody of the Department, 
the Department may designate two or more facilities to provide 
treatment and if the person to be treated or a parent, spouse, 
guardian, brother, sister or child, who is at least eighteen (18) 
years of age, of the person, expresses a preference for one such 
facility, the Department shall attempt, if administratively 
possible, to comply with the preference. 
6. The person shall be discharged from inpatient treatment at 
such time as the person no longer requires treatment as determined 
by the executive director of the facility or the designee of the 
executive director, or as otherwise required by law. 
F. The court shall make and keep records of all cases brought 
before it. 
1. Except as provided in Section 1290.27 of Title 21 of the 
Oklahoma Statutes, no records of proceedings pursuant to this 
section shall be open to public inspection except by order of the 
court or to employees of the Department of Mental Health and 
Substance Abuse Services if the person is placed at a state facility 
or the employees of the private facility where admitted if accepted 
into a private facility, the person's attorney of record, the 
person's treatment advocate as defined pursuant to Section 1-109.1 
of this title, if any, a person having a valid power of attorney 
with health care decision-making authority, a person having valid 
guardianship with health care decision-making authority, a person 
having an advance health care directive, a person having an 
 
Oklahoma Statutes - Title 43A. Mental Health Page 151 
attorney-in-fact as designated in a valid mental health advance 
directive or persons having a legitimate treatment interest, unless 
specifically indicated otherwise by the instrument or court order. 
The documents shall not identify the alleged person requiring 
treatment directly or indirectly as a person with a substance abuse 
disorder. 
2. Bonded abstractors may be deemed to be persons having a 
legitimate interest for the purpose of having access to records 
regarding determinations of persons requiring treatment under this 
section. 
Added by Laws 1997, c. 387, § 9, eff. Nov. 1, 1997. Amended by Laws 
2002, c. 488, § 42, eff. Nov. 1, 2002; Laws 2005, c. 150, § 48, 
emerg. eff. May 9, 2005; Laws 2006, c. 97, § 22, eff. Nov. 1, 2006; 
Laws 2010, c. 287, § 30, eff. Nov. 1, 2010; Laws 2013, c. 3, § 2, 
eff. Nov. 1, 2013; Laws 2013, c. 217, § 5, eff. Nov. 1, 2013; Laws 
2014, c. 259, § 4, eff. July 1, 2015; Laws 2022, c. 297, § 7, eff. 
Nov. 1, 2022. 
 
§43A-5-416. Alternatives to hospitalization. 
A. The court, in considering a commitment petition filed under 
Section 5-410 of this title, shall not order hospitalization without 
a thorough consideration of available treatment alternatives to 
hospitalization, or without addressing the competency of the 
consumer to consent to or refuse the treatment that is ordered 
including, but not limited to, the rights of the consumer: 
1. To be heard concerning the treatment of the consumer; and 
2. To refuse medications. 
B. 1. If the court, in considering a commitment petition filed 
under Section 5-410 of this title, finds that a program other than 
hospitalization, including an assisted outpatient treatment program, 
is adequate to meet the treatment needs of the individual and is 
sufficient to prevent injury to the individual or to others, the 
court may order the individual to receive whatever treatment other 
than hospitalization is appropriate for a period set by the court; 
provided, the court may only order assisted outpatient treatment if 
the individual meets the criteria set forth in Section 1-103 of this 
title and in subsection F of this section. During this time the 
court: 
a. shall have continuing jurisdiction over the individual 
as a person requiring treatment or an assisted 
outpatient, and 
b. shall periodically, no less often than annually, 
review the treatment needs of the individual and 
determine whether or not to continue, discontinue, or 
modify the treatment. 
2. If at any time it comes to the attention of the court from a 
person competent to file or request the filing of a petition, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 152 
pursuant to subsection A of Section 5-410 of this title, that the 
individual ordered to undergo a program of alternative treatment to 
hospitalization is not complying with the order or that the 
alternative treatment program has not been sufficient to prevent 
harm or injury which the individual may be inflicting upon himself 
or others, the court may order the person to show cause why the 
court should not: 
a. implement other alternatives to hospitalization, 
modify or rescind the original order or direct the 
individual to undergo another program of alternative 
treatment, if necessary and appropriate, based on 
written findings of the court, or 
b. enter an order of admission pursuant to the provisions 
of this title, directing that the person be committed 
to inpatient treatment and, if the individual refuses 
to comply with this order of inpatient treatment, the 
court may direct a peace officer to take the 
individual into protective custody and transport the 
person to a public or private facility designated by 
the court. 
3. The court shall give notice to the person ordered to show 
cause and hold the hearing within seventy-two (72) hours of the 
notice. The person ordered to undergo a program of alternative 
treatment shall not be detained in emergency detention pending the 
show cause hearing unless, prior to the emergency detention, the 
person has undergone an initial examination and a determination is 
made that emergency detention is warranted. 
4. If an order of alternative treatment will expire without 
further review by the court and it is believed that the individual 
continues to require treatment, a person competent to file or 
request the filing of a petition, pursuant to subsection A of 
Section 5-410 of this title, may file or request the district 
attorney file either an application for an extension of the court's 
previous order or an entirely new petition for a determination that 
the individual is a person requiring treatment or an assisted 
outpatient. 
5. A hearing on the application or petition filed pursuant to 
paragraph 4 of this subsection shall be held within ten (10) days 
after the application or petition is filed, unless the court extends 
the time for good cause. In setting the matter for hearing, the 
court shall consider whether or not the prior orders of the court 
will expire during the pendency of the hearing and shall make 
appropriate orders to protect the interests of the individual who is 
the subject of the hearing. 
C. Prior to ordering the inpatient treatment of an individual, 
the court shall inquire into the adequacy of treatment to be 
provided to the individual by the facility, and inpatient treatment 
 
Oklahoma Statutes - Title 43A. Mental Health Page 153 
shall not be ordered unless the facility in which the individual is 
to be treated can provide such person with treatment which is 
adequate and appropriate to such person's condition. 
D. Nothing in this section shall prohibit the Department of 
Mental Health and Substance Abuse Services or the facility or 
program providing the alternative treatment from discharging a 
person admitted pursuant to this section, at a time prior to the 
expiration of the period of alternative treatment, or any extension 
thereof. The facility or program providing the alternative 
treatment shall file a report with the court outlining the 
disposition of each person admitted pursuant to this section within 
forty-eight (48) hours after discharge. 
E. Notice of any proceedings pursuant to this section shall be 
given to the person, the person's guardian, the person's attorney, 
and the person filing the petition or application. 
F. If the petition alleges the person to be an assisted 
outpatient as provided in Section 7 of this act, the court shall not 
order assisted outpatient treatment unless the petitioning licensed 
mental health professional develops and provides to the court a 
proposed written treatment plan. All service providers included in 
the treatment plan shall be notified regarding their inclusion in 
the written treatment plan. Where deemed advisable, the court may 
make a finding that a person is an assisted outpatient and delay the 
treatment order until such time as the treatment plan is provided to 
the court. Such plan shall be provided to the court no later than 
the date set by the court pursuant to subsection J of this section. 
G. The licensed mental health professional who develops the 
written treatment plan shall provide the following persons with an 
opportunity to actively participate in the development of such plan: 
1. The assisted outpatient; 
2. The treating physician, if any; 
3. The treatment advocate as defined in Section 1-109.1 of this 
title, if any; and 
4. An individual significant to the assisted outpatient, 
including any relative, close friend or individual otherwise 
concerned with the welfare of the assisted outpatient, upon the 
request of the assisted outpatient. 
H. The licensed mental health professional shall make a 
reasonable effort to gather relevant information for the development 
of the treatment plan from a member of the assisted outpatient's 
family or significant other. If the assisted outpatient has 
executed an advance directive for mental health treatment, the 
physician shall consider any directions included in such advance 
directive for mental health treatment in developing the written 
treatment plan. 
I. The court shall not order assisted outpatient treatment 
unless the petitioner testifies to explain the proposed written 
 
Oklahoma Statutes - Title 43A. Mental Health Page 154 
treatment plan; provided, the parties may stipulate upon mutual 
consent that the petitioner need not testify. The petitioner shall 
state facts which establish that such treatment is the least 
restrictive alternative. If the assisted outpatient has executed an 
advance directive for mental health treatment, the licensed mental 
health professional shall state the consideration given to any 
directions included in such advance directive for mental health 
treatment in developing the written treatment plan. Such testimony 
shall be given on the date set by the court pursuant to subsection J 
of this section. 
J. If the court has yet to be provided with a written treatment 
plan at the time of the hearing in which the court finds a person to 
be an assisted outpatient, the court shall order such treatment plan 
and testimony no later than the third day, excluding Saturdays, 
Sundays and holidays, immediately following the date of such hearing 
and order; provided, the parties may stipulate upon mutual consent 
that such testimony need not be provided. Upon receiving such plan 
and any required testimony, the court may order assisted outpatient 
treatment as provided in this section. 
K. A court may order the patient to self-administer 
psychotropic drugs or accept the administration of such drugs by 
authorized personnel as part of an assisted outpatient treatment 
program. Such order may specify the type and dosage range of such 
psychotropic drugs and such order shall be effective for the 
duration of such assisted outpatient treatment. 
L. A copy of any court order for assisted outpatient treatment 
shall be served personally, or by mail, facsimile or electronic 
means, upon the assisted outpatient, the assisted outpatient 
treatment program and all others entitled to notice under the 
provisions of subsection D of Section 5-412 of this title. 
M. The initial order for assisted outpatient treatment shall be 
for a period of one (1) year. Within thirty (30) days prior to the 
expiration of the order, a licensed mental health professional 
employed by the Department of Mental Health and Substance Abuse 
Services or employed by a community mental health center certified 
by the Department pursuant to Section 3-306.1 of this title may file 
a petition to extend the order of outpatient treatment. Notice 
shall be given in accordance with Section 5-412 of this title. The 
court shall hear the petition, review the treatment plan and 
determine if the assisted outpatient continues to meet the criteria 
for assisted outpatient treatment and such treatment is the least 
restrictive alternative. If the court finds the assisted outpatient 
treatment should continue, it will make such an order extending the 
assisted treatment an additional year and order the treatment plan 
updated as necessary. Subsequent extensions of the order may be 
obtained in the same manner. If the court's disposition of the 
motion does not occur prior to the expiration date of the current 
 
Oklahoma Statutes - Title 43A. Mental Health Page 155 
order, the current order shall remain in effect for up to thirty 
(30) additional days until such disposition. 
N. In addition to any other right or remedy available by law 
with respect to the order for assisted outpatient treatment, the 
assisted outpatient or anyone acting on the assisted outpatient's 
behalf may petition the court on notice to every facility providing 
treatment pursuant to the assisted outpatient treatment order to 
stay, vacate or modify the order. 
O. Facilities providing treatment pursuant to the assisted 
outpatient treatment order shall petition the court for approval 
before instituting a proposed material change in the assisted 
outpatient treatment plan, unless such change is authorized by the 
order of the court. Such petition shall be filed on notice to the 
assisted outpatient, any treatment advocate designated by the 
assisted outpatient pursuant to this title, any attorney 
representing the assisted outpatient, and any guardian appointed by 
the court to represent the assisted outpatient. Not later than five 
(5) days after receiving such petition, excluding Saturdays, Sundays 
and holidays, the court shall hold a hearing on the petition; 
provided, that if the assisted outpatient informs the court that he 
or she agrees to the proposed material change, the court may approve 
such change without a hearing. Nonmaterial changes may be 
instituted to the assisted outpatient treatment plan without court 
approval. For the purposes of this subsection, a material change is 
an addition or deletion of a category of services to or from a 
current assisted outpatient treatment plan or any deviation, without 
the assisted outpatient's consent, from the terms of a current order 
relating to the administration of psychotropic drugs. 
P. Where, in the clinical judgment of a licensed mental health 
professional: 
1. The assisted outpatient has failed or refused to comply with 
the assisted outpatient treatment; 
2. Efforts were made to solicit compliance; and 
3. Such assisted outpatient appears to be a person requiring 
treatment, 
the licensed mental health professional may cause the assisted 
outpatient to be taken into protective custody pursuant to the 
provisions of Sections 5-206 through 5-209 of this title or may 
refer or initiate proceedings pursuant to Sections 5-410 through 5-
415 of this title for involuntary commitment to a hospital, or may 
return the assisted outpatient to a facility providing treatment 
pursuant to the assisted outpatient treatment plan to determine if 
the assisted outpatient will comply with the treatment plan. 
Failure or refusal to comply with assisted outpatient treatment 
shall include, but not be limited to, a substantial failure to take 
medication, to submit to blood testing or urinalysis where such is 
part of the treatment plan, failure of such tests or failure to 
 
Oklahoma Statutes - Title 43A. Mental Health Page 156 
receive treatment for alcohol or substance abuse if such is part of 
the treatment plan. 
Q. Failure to comply with an order of assisted outpatient 
treatment shall not be grounds for involuntary civil commitment or a 
finding of contempt of court. 
Added by Laws 1980, c. 324, § 10, emerg. eff. June 17, 1980. 
Amended by Laws 1986, c. 103, § 80, eff. Nov. 1, 1986. Renumbered 
from § 54.9 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1987, c. 141, § 2, eff. Nov. 1, 1987; Laws 
1988, c. 260, § 12, eff. Nov. 1, 1988; Laws 1990, c. 51, § 99, 
emerg. eff. April 9, 1990. Renumbered from § 5-405 of this title by 
Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. Amended by Laws 2000, 
c. 421, § 9, eff. Nov. 1, 2000; Laws 2002, c. 488, § 43, eff. Nov. 
1, 2002; Laws 2005, c. 150, § 49, emerg. eff. May 9, 2005; Laws 
2006, c. 97, § 23, eff. Nov. 1, 2006; Laws 2016, c. 177, § 8, eff. 
Nov. 1, 2016. 
 
§43A-5-417. Precommitment examination - Matters included. 
A precommitment examination ordered by the court shall include, 
but is not limited to: 
1. A physical evaluation; 
2. A mental evaluation; 
3. A social history; 
4. A study of the individual's family and community situation; 
5. A list of available forms of care and treatment which may 
serve as an alternative to admission to a hospital; 
6. Powers of attorney or advance health care directives, if 
any; and 
7. A recommendation as to the least restrictive placement 
suitable to the person's needs, as identified by this section, 
should the individual be ordered to undergo treatment by the court. 
Programs other than hospitalization to be considered shall include, 
but not be limited to, outpatient clinics, assisted outpatient 
treatment where available, extended care facilities, nursing homes, 
sheltered care arrangements, home care and homemaker services, and 
other treatment programs or suitable arrangements. 
Added by Laws 1980, c. 324, § 7, emerg. eff. June 17, 1980. Amended 
by Laws 1986, c. 103, § 78, eff. Nov. 1, 1986. Renumbered from § 
54.6 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Renumbered from § 5-403 of this title by Laws 1997, c. 387, § 12, 
eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 3, eff. Nov. 1, 
2013; Laws 2016, c. 177, § 9, eff. Nov. 1, 2016. 
 
§43A-5-418. Precommitment screening examination - Copy of order to 
be provided examinee - Explanation of examination. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 157 
In addition to the notice requirements contained in the Mental 
Health Law, each person ordered to undergo a precommitment screening 
examination shall receive: 
1. A copy of the order requiring the person to undergo the 
examination; and 
2. A written statement explaining what the examination will 
cover. 
If the individual is unable to read or understand the written 
materials, every effort will be made to explain them in a language 
such person understands, and a copy of the examination findings 
shall be provided to the court, to the person's attorney of record, 
if known, and the person's treatment advocate as defined pursuant to 
Section 1-109.1 of this title, if any, upon completion. 
Added by Laws 1980, c. 324, § 8, emerg. eff. June 17, 1980. Amended 
by Laws 1986, c. 103, § 79, eff. Nov. 1, 1986. Renumbered from § 
54.7 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Renumbered from § 5-404 of this title by Laws 1997, c. 387, § 12, 
eff. Nov. 1, 1997. Amended by Laws 2013, c. 3, § 4, eff. Nov. 1, 
2013. 
 
§43A-5-419. Modification order - Notice - Contents of notice. 
A. The court may modify an order for involuntary inpatient 
commitment and order alternative treatment pursuant to the 
provisions of this section upon request of the person committed or 
the administrator of a facility to which a person has been 
involuntarily committed for inpatient treatment. The court shall 
give notice to the person affected thereby and to each individual 
required to receive notice pursuant to Section 5-412 of this title, 
to appear within five (5) regular court days, or as many other days 
as the court may grant, and show cause why the modification shall 
not be made. The notice shall contain the following information: 
1. The individual ordered to undergo a program of alternative 
treatment to hospitalization is not complying with the previous 
order, or that the alternative treatment program has not been 
sufficient to prevent harm or injury to the person or others, or the 
person committed for inpatient care and treatment is eligible for 
discharge and that an evaluation conducted prior to discharge 
determined that an order for alternative treatment is necessary in 
order to prevent impairment or injury to the person; 
2. A statement of the facts upon which the alleged change of 
condition is based and a copy of any written findings entered by the 
court; 
3. Notice of the time and place of the show cause hearing; 
4. Notice of the types of modifications that the court can make 
pursuant to this hearing; 
5. The witnesses who shall testify or offer evidence for the 
modification which are known to the court; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 158 
6. That the individual has the right to an attorney, and that 
if the individual cannot afford an attorney, one will be provided; 
and 
7. That the individual has the right to cross-examine 
witnesses, and to call witnesses in such person's own defense. 
B. The court may only order assisted outpatient treatment as 
defined by Section 1-103 of this title if the person meets the 
conditions for assisted outpatient treatment provided by this title. 
Added by Laws 1980, c. 324, § 11, emerg. eff. June 17, 1980. 
Renumbered from § 54.10 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1988, c. 260, § 13, eff. Nov. 1, 
1988. Renumbered from § 5-406 of this title by Laws 1997, c. 387, § 
12, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 44, eff. 
Nov. 1, 2002; Laws 2013, c. 217, § 6, eff. Nov. 1, 2013; Laws 2016, 
c. 177, § 10, eff. Nov. 1, 2016. 
 
§43A-5-420. Review of status of persons involuntarily committed for 
treatment. 
A. The Board of Mental Health and Substance Abuse Services 
shall adopt rules and procedures to ensure that persons 
involuntarily committed to the facilities of the Department of 
Mental Health and Substance Abuse Services for treatment by a court 
receive review of their involuntary status at least once every three 
(3) months, and the Department of Mental Health and Substance Abuse 
Services shall take appropriate action based upon this review. 
B. Any person receiving involuntary inpatient treatment, or 
such person's attorney, may at any time file a written request that 
the treatment order be reviewed by the committing court, or a court 
in the county where the person is located. If a review is 
requested, the court shall hear the matter within thirty (30) days 
after the request, and the court shall give notice to the person and 
such person's attorney and the person in charge of the facility of 
the time and place of the hearing. The hearing shall be to 
determine if the person can be treated on a less restrictive basis. 
At the conclusion of the hearing, the court may confirm the order of 
treatment, modify the order of treatment, discharge the respondent, 
or enter any appropriate order. 
Added by Laws 1980, c. 324, § 12, emerg. eff. June 17, 1980. 
Amended by Laws 1986, c. 103, § 81, eff. Nov. 1, 1986. Renumbered 
from § 54.11 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1990, c. 51, § 100, emerg. eff. April 9, 
1990; Laws 1997, c. 387, § 10, eff. Nov. 1, 1997. Renumbered from § 
5-407 of this title by Laws 1997, c. 387, § 12, eff. Nov. 1, 1997. 
Amended by Laws 2002, c. 488, § 45, eff. Nov. 1, 2002; Laws 2022, c. 
297, § 8, eff. Nov. 1, 2022. 
 
§43A-5-421. Emergency service patrols. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 159 
A. Counties and municipalities may establish emergency service 
patrols. A patrol consists of persons trained to give assistance in 
public places to persons whom the patrol has reasonable grounds to 
believe are mentally ill. Members of an emergency service patrol 
shall be capable of providing first aid in emergency situations and 
may transport mentally ill persons to their homes and to and from 
approved treatment facilities and alternative facilities. 
B. Standards for the establishment, training, and conduct of 
emergency service patrols shall be adopted by the county or 
municipality and approved by the Department of Mental Health and 
Substance Abuse Services. These standards shall comply with the 
standards of the regional emergency medical services plan. 
C. All participating state and local agencies are directed to 
coordinate with each other and cooperate in assisting the Department 
of Mental Health and Substance Abuse Services as needed. If 
specifically requested in two or more regional emergency medical 
service plans, the Department may establish a law enforcement 
behavioral health emergency dispatch system. 
D. All emergency service patrols shall be required to keep 
reliable data on services made available and provided by the 
emergency service patrols. 
E. Upon the request of the Department of Mental Health and 
Substance Abuse Services, every state agency, board or commission 
shall provide any information requested by the Department of Mental 
Health and Substance Abuse Services to assess the effectiveness of 
emergency service patrols. 
Added by Laws 2000, c. 348, § 2, eff. Nov. 1, 2000. Amended by Laws 
2012, c. 296, § 3, eff. Nov. 1, 2012. 
 
§43A-5-501. Short title - Legislative intent. 
A. Sections 5-501 through 5-513 of this title shall be known 
and may be cited as the “Inpatient Mental Health and Substance Abuse 
Treatment of Minors Act”. 
B. The Oklahoma Legislature hereby declares that the public 
policy of this state is to: 
1. Assure adequate treatment of minors needing mental health 
treatment or treatment for drug or alcohol abuse; 
2. Establish behavioral standards for determination of 
dangerousness of persons in need of such treatment; 
3. Require the use of the least restrictive alternative in the 
determination of the method of treatment; 
4. Provide orderly and reliable procedures for admission or 
commitment of minors alleged to be in need of inpatient mental 
health treatment or treatment for drug or alcohol abuse consistent 
with due process of law; and 
5. Protect the rights of consumers hospitalized pursuant to 
law. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 160 
C. It is the intent of the Legislature that: 
1. Mental health and substance abuse treatment services shall 
be provided in the manner most likely to preserve, support and 
strengthen the family of the minor and to assist the minor and the 
family of the minor; 
2. Minors needing mental health services or substance abuse 
treatment shall, to the maximum extent possible, receive those 
services on an outpatient basis; and 
3. Inpatient evaluation and treatment services shall be 
utilized only as necessary to preserve the health or safety of the 
minor or for the protection of others in the case of a minor who, as 
a result of a demonstrable mental illness or drug or alcohol 
dependence, can be expected to intentionally or unintentionally 
seriously and physically injure another person. 
D. A minor may be admitted for inpatient mental health or 
substance abuse treatment only pursuant to the provisions of the 
Inpatient Mental Health and Substance Abuse Treatment of Minors Act. 
Added by Laws 1992, c. 298, § 1, eff. July 1, 1993. Amended by Laws 
2002, c. 327, § 1, eff. July 1, 2002; Laws 2003, c. 130, § 1, eff. 
Nov. 1, 2003; Laws 2005, c. 150, § 50, emerg. eff. May 9, 2005; Laws 
2006, c. 16, § 24, emerg. eff. March 29, 2006; Laws 2006, c. 97, § 
24, eff. Nov. 1, 2006. 
NOTE: Laws 2005, c. 110, § 1 repealed by Laws 2006, c. 16, § 25, 
emerg. eff. March 29, 2006. 
 
§43A-5-502. Definitions. 
As used in the Inpatient Mental Health and Substance Abuse 
Treatment of Minors Act: 
1. "Minor" means any person under eighteen (18) years of age; 
2. a. "Minor in need of treatment" means a minor who because 
of his or her mental illness or drug or alcohol 
dependency: 
(1) poses a substantial risk of physical harm to self 
in the near future as manifested by evidence of 
serious threats of or attempts at suicide or 
other significant self-inflicted bodily harm, 
(2) poses a substantial risk of physical harm to 
another person or persons in the near future 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 or serious 
physical harm directed toward such person or 
persons as manifested by serious and immediate 
threats, 
(4) is in a condition of severe deterioration such 
that, without intervention, there exists a 
 
Oklahoma Statutes - Title 43A. Mental Health Page 161 
substantial risk that severe impairment or injury 
to the minor will result in the near future, or 
(5) poses a substantial risk of serious physical 
injury to self or death in the near future as 
manifested by evidence that the minor is unable 
to provide for and is not providing for his or 
her basic physical needs. 
b. The mental health or substance abuse history of the 
minor may be used as part of the evidence to determine 
whether the minor is a minor in need of treatment as 
defined in this section. The mental health or 
substance abuse history of the minor shall not be the 
sole basis for this determination. 
c. The term "minor in need of treatment" shall not mean a 
minor afflicted with epilepsy, a developmental 
disability, organic brain syndrome, physical 
handicaps, brief periods of intoxication caused by 
such substances as alcohol or drugs or who is truant 
or sexually active unless the minor also meets the 
criteria for a minor in need of treatment pursuant to 
subparagraph a or b of this paragraph; 
3. "Consent" means the voluntary, express, and informed 
agreement to treatment in a mental health facility by a minor 
sixteen (16) years of age or older or by a parent of the minor; 
4. "Individualized treatment plan" means a specific plan for 
the care and treatment of an individual minor who requires inpatient 
mental health treatment. The plan shall be developed with maximum 
involvement of the family of the minor, consistent with the desire 
of the minor for confidentiality and with the treatment needs of the 
minor, and shall clearly include the following: 
a. a statement of the presenting problems of the minor, 
short- and long-term treatment goals and the estimated 
date of discharge. The short- and long-term goals 
shall be based upon a clinical evaluation and shall 
include specific behavioral and emotional goals 
against which the success of treatment can be 
measured, 
b. treatment methods and procedures to be used to achieve 
these goals, which methods and procedures are related 
to each of these goals and which include, but are not 
limited to, specific prognosis for achieving each of 
these goals, 
c. identification of the types of professional personnel 
who will carry out the treatment procedures including, 
but not limited to, appropriate licensed mental health 
professionals, education professionals, and other 
health or social service professionals, and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 162 
d. documentation of the involvement of the minor or the 
parent of the minor or legal custodian in the 
development of the treatment plan and whether all 
persons have consented to such plan; 
5. "Inpatient treatment" means treatment services offered or 
provided for a continuous period of more than twenty-four (24) hours 
in residence after admission to a mental health or substance abuse 
treatment facility for the purpose of observation, evaluation or 
treatment; 
6. "Least restrictive alternative" means the treatment and 
conditions of treatment which, separately and in combination, are no 
more intrusive or restrictive of freedom than reasonably necessary 
to achieve a substantial therapeutic benefit to the minor, or to 
protect the minor or others from physical injury; 
7. "Less restrictive alternative to inpatient treatment" means 
and includes, but is not limited to, outpatient counseling services, 
including services provided in the home of the minor and which may 
be referred to as "home-based services", day treatment or day 
hospitalization services, respite care, or foster care or group home 
care, as defined by Section 1-1-105 of Title 10A of the Oklahoma 
Statutes, through a program established and specifically designed to 
meet the needs of minors in need of mental health treatment, or a 
combination thereof; 
8. "Licensed mental health professional" means a person who is 
not related by blood or marriage to the person being examined or 
does not have any interest in the estate of the person being 
examined, and who is: 
a. a psychiatrist who is a diplomate of the American 
Board of Psychiatry and Neurology or American 
Osteopathic Board of Neurology and Psychiatry, 
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 Licensed Social Workers 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, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 163 
i. a physician assistant, who is licensed in good 
standing in this state, or 
j. a licensed alcohol and drug counselor/mental health 
(LADC/MH) as defined in the Licensed Alcohol and Drug 
Counselors Act. 
For the purposes of this paragraph, "licensed" means that the person 
holds a current, valid license issued in accordance with the laws of 
this state; 
9. "Mental health evaluation" means an examination or 
evaluation of a minor for the purpose of making a determination 
whether, in the opinion of the licensed mental health professional 
making the evaluation, the minor is a minor in need of treatment 
and, if so, is in need of inpatient treatment and for the purpose of 
preparing reports or making recommendations for the most appropriate 
and least restrictive treatment for the minor; 
10. "Mental health facility" means a public or private hospital 
or related institution as defined by Section 1-701 of Title 63 of 
the Oklahoma Statutes offering or providing inpatient mental health 
services, a public or private facility accredited as an inpatient or 
residential psychiatric facility by the Joint Commission on 
Accreditation of Healthcare Organizations, or a facility operated by 
the Department of Mental Health and Substance Abuse Services and 
designated by the Commissioner of the Department of Mental Health 
and Substance Abuse Services as appropriate for the inpatient 
evaluation or treatment of minors; 
11. "Mental illness" means a substantial disorder of the 
child's thought, mood, perception, psychological orientation or 
memory that demonstrably and significantly impairs judgment, 
behavior or capacity to recognize reality or to meet the ordinary 
demands of life. "Mental illness" may include substance abuse, 
which is the use, without compelling medical reason, of any 
substance which results in psychological or physiological dependency 
as a function of continued use in such a manner as to induce mental, 
emotional, or physical impairment and cause socially dysfunctional 
or socially disordering behavior; 
12. "Parent" means: 
a. a biological or adoptive parent who has legal custody 
of the minor or has visitation rights, 
b. a person judicially appointed as a legal guardian or 
custodian of the minor, or 
c. a relative within the third degree of consanguinity 
who exercises the rights and responsibilities of legal 
custody by delegation from a parent, as provided by 
law; 
13. "Person responsible for the supervision of the case" means: 
a. when the minor is in the legal custody of a private 
child care agency, the Department of Human Services or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 164 
the Office of Juvenile Affairs, the caseworker or 
other person designated by the agency to supervise the 
case, or 
b. when the minor is a ward of the court and under the 
court-ordered supervision of the Department of Human 
Services, the Office of Juvenile Affairs or a 
statutorily constituted juvenile bureau, the person 
designated by the Department of Human Services, the 
Office of Juvenile Affairs or juvenile bureau to 
supervise the case; 
14. "Initial assessment (medical necessity review)" means the 
examination of current and recent behaviors and symptoms of a minor 
who appears to be mentally ill, alcohol-dependent, or drug-dependent 
and a minor requiring treatment, whose condition is such that it 
appears that emergency detention may be warranted by a licensed 
mental health professional at a facility approved by the 
Commissioner of Mental Health and Substance Abuse Services, or a 
designee, as appropriate for such examination to determine if 
emergency detention of the minor is warranted, and whether admission 
for inpatient mental illness or drug- or alcohol-dependence 
treatment or evaluation constitutes the least restrictive level of 
care necessary; 
15. "Ward of the court" means a minor adjudicated to be a 
deprived child, a child in need of supervision, or a delinquent 
child; 
16. "Treatment" means any planned intervention intended to 
improve the functioning of a minor in those areas which show 
impairment as a result of mental illness or drug or alcohol 
dependence; and 
17. "Prehearing detention order" means a court order that 
authorizes a facility to detain a minor pending a hearing on a 
petition to determine whether the minor is a minor in need of 
treatment. 
Added by Laws 1992, c. 298, § 2, eff. July 1, 1993. Amended by Laws 
1994, c. 156, § 1, eff. July 1, 1994; Laws 1995, c. 254, § 3, eff. 
Nov. 1, 1995; Laws 1998, c. 144, § 3, emerg. eff. April 22, 1998; 
Laws 2000, c. 49, § 1, eff. Nov. 1, 2000; Laws 2002, c. 327, § 2, 
eff. July 1, 2002; Laws 2003, c. 130, § 2, eff. Nov. 1, 2003; Laws 
2003, c. 394, § 1; Laws 2005, c. 110, § 2, eff. Nov. 1, 2005; Laws 
2006, c. 97, § 25, eff. Nov. 1, 2006; Laws 2009, c. 234, § 138, 
emerg. eff. May 21, 2009; Laws 2016, c. 280, § 1, eff. Nov. 1, 2016; 
Laws 2019, c. 360, § 1, eff. Nov. 1, 2019. 
 
§43A-5-503. Voluntary and involuntary admission for treatment. 
A. A parent of a minor or a minor sixteen (16) years of age or 
older may consent to the voluntary admission of the minor for 
inpatient mental health or substance abuse treatment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 165 
B. Upon the application of a minor sixteen (16) years of age or 
older or a parent of a minor, a mental health or substance abuse 
facility may admit the minor for inpatient evaluation or treatment 
if the person in charge of the facility, or a designee, determines 
the minor to be clinically eligible for such admission, and: 
1. After an initial assessment, a licensed mental health 
professional determines and states in writing that there is 
reasonable cause to believe that the minor may be a minor in need of 
treatment and that an evaluation is necessary to properly determine 
the condition and treatment needs of the minor, if any; and 
2. After an outpatient or inpatient mental health evaluation, a 
licensed mental health professional determines and states in writing 
that in the opinion of the professional, the minor is a minor in 
need of treatment and: 
a. the minor appears to have a mental illness or drug or 
alcohol dependence serious enough to warrant inpatient 
treatment and is reasonably likely to benefit from the 
treatment, and 
b. based upon the following, inpatient treatment is 
determined to be the least restrictive alternative 
that meets the needs of the minor: 
(1) reasonable efforts have been made to provide for 
the treatment needs of the minor through the 
provision of less restrictive alternatives and 
such alternatives have failed to meet the 
treatment needs of the minor, or 
(2) after a thorough consideration of less 
restrictive alternatives to inpatient treatment, 
the condition of the minor is such that less 
restrictive alternatives are unlikely to meet the 
treatment needs of the minor, and 
c. the minor has been provided with a clinically 
appropriate explanation of the nature and purpose of 
the treatment. 
The consenting parent shall have the opportunity to discuss the 
findings with a person involved in the treatment of the minor. 
C. The determinations and written statements of a licensed 
mental health professional made pursuant to this section shall, upon 
the admission of the minor for inpatient evaluation or treatment, be 
made a part of the medical record of the minor. 
D. Inpatient treatment of a minor admitted under this section 
may not continue unless continued inpatient treatment has been 
authorized by appropriate hospital medical personnel, based upon 
their written findings that the criteria set forth in subsection B 
of this section continue to be met, after such persons have examined 
the minor and interviewed the consenting parent and reviewed reports 
submitted by members of the facility staff familiar with the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 166 
condition of the minor. This finding is subject to the review 
provisions contained in Section 5-512 of this title. 
E. A mental health or substance abuse treatment facility may 
request that the district attorney file a petition alleging a minor 
to be a minor in need of treatment and require inpatient treatment 
when the parent consenting to the admission of a minor or when the 
minor age sixteen (16) years or older who had previously consented 
to admission revokes such consent and the person in charge of the 
facility, or a designee, determines that the condition of the minor 
is such that the minor should remain in the facility. If the 
district attorney refuses to file a petition, the district attorney 
must immediately notify the requesting facility, in writing, of the 
refusal to file. 
F. A minor who is in the legal custody of the Department of 
Human Services or the Office of Juvenile Affairs and who is a ward 
of a court may be admitted to a hospital or other facility for 
inpatient mental health or substance abuse treatment only pursuant 
to the provisions of Section 5-507 of this title. 
1. A public or private child care agency having legal custody 
of a minor may request the district attorney to file a petition 
alleging the minor to be a minor in need of treatment and to require 
inpatient treatment. 
2. Nothing in the Inpatient Mental Health and Substance Abuse 
Treatment of Minors Act shall be interpreted to prohibit or preclude 
the provision of outpatient treatment or services including, but not 
limited to, outpatient evaluation, counseling, educational, 
rehabilitative or other mental health and substance abuse services 
to the minor, as necessary and appropriate, in the absence of a 
specific court order for such services. 
G. 1. An order of a court committing a minor to a facility for 
inpatient mental health or substance abuse evaluation or treatment 
shall not, by itself, relieve a parent of the obligation to provide 
for the support of the minor nor of liability for the cost of 
treatment provided to the minor. 
2. Nothing in the Inpatient Mental Health and Substance Abuse 
Treatment of Minors Act shall be interpreted to: 
a. limit the authority of the court to order a parent to 
make support payments or to make payments or 
reimbursements for medical care or treatment, 
including mental health care or treatment, to the 
person, institution, or agency having custody of the 
minor or providing the treatment, or 
b. abrogate the right of the minor to any benefits 
provided through public funds for which the minor is 
otherwise eligible. 
3. An order committing a minor to a facility for inpatient 
mental health or substance abuse treatment shall not by itself serve 
 
Oklahoma Statutes - Title 43A. Mental Health Page 167 
to preclude a subsequent adjudication which finds the minor to be 
delinquent, in need of supervision or deprived nor shall it cause 
the vacation of any such order of adjudication previously entered. 
H. If the parent who consented to the admission of a minor 
under this section revokes such consent at any time, the minor shall 
be discharged within forty-eight (48) hours, excluding weekends and 
holidays, unless the district attorney is requested to file a 
petition alleging the minor to be a minor in need of treatment and 
to require inpatient treatment in accordance with the provisions of 
this title. If the district attorney refuses to file a petition, 
the district attorney must immediately notify the requesting 
facility, in writing, of the refusal to file. 
I. If a minor sixteen (16) years of age or older who consented 
to treatment subsequently revokes their consent at any time, the 
minor shall be discharged within forty-eight (48) hours, excluding 
weekends and holidays, unless the district attorney is requested to 
file a petition alleging the minor to be a minor in need of 
treatment and to require inpatient treatment in accordance with the 
provisions of this title or the parent of the minor subsequently 
consents to the treatment of the minor. If the district attorney 
refuses to file a petition, the district attorney must immediately 
notify the requesting facility, in writing, of the refusal to file. 
Added by Laws 1992, c. 298, § 3, eff. July 1, 1993. Amended by Laws 
1995, c. 254, § 4, eff. Nov. 1, 1995; Laws 1998, c. 144, § 4, emerg. 
eff. April 22, 1998; Laws 2002, c. 327, § 3, eff. July 1, 2002; Laws 
2003, c. 130, § 3, eff. Nov. 1, 2003; Laws 2005, c. 110, § 3, eff. 
Nov. 1, 2005; Laws 2006, c. 97, § 26, eff. Nov. 1, 2006; Laws 2007, 
c. 130, § 15, eff. Nov. 1, 2007; Laws 2019, c. 360, § 2, eff. Nov. 
1, 2019. 
 
§43A-5-504. Jurisdiction – Venue - Powers of court. 
A. Upon the filing of a petition alleging that a minor is a 
minor in need of treatment and requires inpatient mental health or 
substance abuse treatment, or upon the assumption of custody of an 
alleged deprived child pursuant to the provisions of Section 1-4-201 
of Title 10A of the Oklahoma Statutes, or when a minor is the ward 
of the court, the judge of the district court having juvenile docket 
responsibility shall have jurisdiction of any minor who is or is 
alleged to be a minor in need of treatment and of the parent or 
legal custodian of the minor, regardless of where the parent or 
legal custodian is found. When jurisdiction has been obtained over 
a minor who is or is alleged to be in need of treatment, such 
jurisdiction may be retained until the minor is discharged from 
treatment ordered by the court. For the convenience of the parties 
and in the interest of justice, a proceeding under the Inpatient 
Mental Health and Substance Abuse Treatment of Minors Act may be 
transferred to the district court in any other county. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 168 
1. The venue for legal proceedings pursuant to the Inpatient 
Mental Health and Substance Abuse Treatment of Minors Act shall be: 
a. the county where the minor resides, 
b. when the minor is in the custody of a public or 
private child care agency, the county in which the 
minor resides at the time legal proceedings are 
initiated, or 
c. the county of original jurisdiction. 
2. The district court in which a petition is filed or the 
district court in which custody has been assumed pursuant to the 
provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes 
may retain jurisdiction of a minor in need of treatment in such 
proceeding even if the minor is subject to the jurisdiction of 
another district court within the state. Any orders made by the 
court in which the petition is filed shall control over prior orders 
in regard to the minor. 
3. The district court in which a petition is filed which 
alleges that a minor is a minor in need of treatment may issue any 
temporary order or grant any interlocutory relief authorized by the 
Inpatient Mental Health and Substance Abuse Treatment of Minors Act 
even if another district court within the state has jurisdiction of 
the minor or has jurisdiction to determine the custody or support of 
the minor. 
4. If the district court in which a petition is filed pursuant 
to either paragraph 2 or 3 of this subsection sustains the petition, 
the district court shall have the jurisdiction to make a final 
determination on the petition or to transfer the proceedings to a 
court having prior jurisdiction over the minor. Where the other 
proceeding is pending in the same judicial district in which the 
petition is filed, the chief judge of the judicial district shall 
determine which judge shall try the issues when the judges to whom 
the cases have been assigned are unable to agree on the procedure 
that should be followed. 
B. Unless otherwise specifically provided by the Inpatient 
Mental Health and Substance Abuse Treatment of Minors Act and Title 
43A of the Oklahoma Statutes, the rules of civil procedure shall 
apply to all legal proceedings pursuant to the Inpatient Mental 
Health and Substance Abuse Treatment of Minors Act. 
Added by Laws 1992, c. 298, § 4, eff. July 1, 1993. Amended by Laws 
1995, c. 254, § 5, eff. Nov. 1, 1995; Laws 1997, c. 386, § 21, 
emerg. eff. June 10, 1997; Laws 2002, c. 327, § 4, eff. July 1, 
2002; Laws 2003, c. 130, § 4, eff. Nov. 1, 2003; Laws 2009, c. 234, 
§ 139, emerg. eff. May 21, 2009. 
 
§43A-5-505. Repealed by Laws 2005, c. 110, § 9, eff. Nov. 1, 2005. 
 
§43A-5-505.1. Protective custody – Statements – Initial assessment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 169 
A. Any minor who appears to be mentally ill, alcohol-dependent, 
or drug-dependent to a degree that immediate emergency action is 
necessary may be taken into protective custody and detained pursuant 
to the provisions of this section. 
B. Any peace officer who reasonably believes that a minor is a 
minor in need of treatment as defined in Section 5-502 of this title 
shall take the minor into protective custody and shall transport the 
minor to a mental health or substance abuse treatment facility for 
evaluation. Peace officers providing such transportation services 
shall be entitled to reimbursement pursuant to Section 1-110 of this 
title. 
C. The officer shall prepare a written statement indicating the 
basis for the belief of the officer that the minor is a minor in 
need of treatment and the circumstances under which the officer took 
the person into protective custody. The officer shall give a copy 
of the statement to the parent of the minor or the attorney of the 
minor upon the request of either. If the officer does not make the 
determination to take an individual into protective custody on the 
basis of the personal observation of the officer, the officer shall 
not be required to prepare a written statement. However, the person 
upon whose statement the officer relies shall sign a third-party 
statement indicating the basis for such belief of the person that 
the minor is a minor in need of treatment. Any false statement 
given to the officer by the person upon whose statement the officer 
relies shall be a misdemeanor and subject to the sanctions of Title 
21 of the Oklahoma Statutes. 
D. A minor in protective custody shall be subject to an initial 
assessment at the appropriate facility by a licensed mental health 
professional for the purpose of determining whether emergency 
detention is warranted. 
1. If the licensed mental health professional determines that 
the minor is not a minor in need of treatment or that the condition 
of the minor is such that emergency detention is not warranted, the 
minor shall be returned immediately to the point where the minor was 
taken into protective custody and released or the minor may be taken 
to the home or residence of the minor or to an alternative facility. 
2. If the licensed mental health professional determines that 
the minor is a minor in need of treatment to a degree that emergency 
detention is warranted, the minor shall be detained in emergency 
detention for a period not to exceed five (5) days, excluding 
weekends and holidays. The detention may exceed five (5) days, 
excluding weekends and holidays, upon a court order authorizing 
detention pending a hearing on a petition requesting involuntary 
commitment or treatment. 
E. If a licensed mental health professional designated to have 
such responsibility by the executive director of a hospital, or the 
administrator of a facility designated by the Commissioner of Mental 
 
Oklahoma Statutes - Title 43A. Mental Health Page 170 
Health and Substance Abuse Services as appropriate for emergency 
detention believes a minor to be a minor requiring treatment to a 
degree that emergency action is necessary, the administrator may 
detain such minor in emergency detention for a period not to exceed 
five (5) days, excluding weekends and holidays, only on the 
following conditions: 
1. The minor sixteen (16) years of age or older or parent of 
the minor has refused to consent or has withdrawn consent to 
voluntary treatment; 
2. The minor has been examined by a licensed mental health 
professional who has determined that the minor is a minor in need of 
treatment, the condition of the minor is such that emergency 
detention is warranted, and a mental health evaluation has been 
prepared as provided in Section 5-508 of this title; and 
3. The administrator or the designee of the administrator shall 
provide for an initial assessment of the minor by a licensed mental 
health professional. 
F. Whenever it appears that a person detained as provided by 
this section will require treatment beyond the period of emergency 
detention and the minor sixteen (16) years of age or older or parent 
of the minor has refused to consent to voluntary treatment, a 
licensed mental health professional conducting an initial assessment 
of the minor or the administrator of the facility in which the minor 
is being detained, or the designee of the administrator, shall 
immediately file a petition or request the district attorney to file 
a petition with the district court as provided by Section 5-509 of 
this title, and may request a court order directing prehearing 
detention when detention is necessary for the protection of the 
person or others. If the district attorney refuses to file a 
petition, the district attorney must immediately notify the 
requesting facility, in writing, of the refusal to file. 
Added by Laws 2005, c. 110, § 4, eff. Nov. 1, 2005. Amended by Laws 
2006, c. 97, § 27, eff. Nov. 1, 2006. 
 
§43A-5-506. Initial assessment - Emergency admission or detention –
Evaluation - Hearing. 
A. Any parent, guardian, or law enforcement officer may request 
the administrator of a facility or designee to conduct an initial 
assessment of a minor to determine whether the minor is a minor 
requiring treatment. 
B. Following an initial assessment, a minor may be admitted or 
detained on an emergency basis in a mental health or substance abuse 
treatment facility that is willing to admit or detain the minor for 
a period not to exceed five (5) days from the time of admission or 
detention, excluding weekends and legal holidays. The admission or 
detention for an emergency basis may only exceed five (5) days, 
excluding weekends or holidays, if the facility receives a 
 
Oklahoma Statutes - Title 43A. Mental Health Page 171 
prehearing detention order authorizing detention pending a hearing 
on a petition to determine whether the minor is a minor in need of 
treatment and to require inpatient treatment. 
C. 1. A minor admitted or detained pursuant to this section 
shall be evaluated by a licensed mental health professional to 
determine whether the minor is a minor in need of treatment. 
a. If the licensed mental health professional determines 
that the minor is a minor in need of treatment, the 
licensed mental health professional shall submit the 
mental health evaluation to the district attorney 
within forty-eight (48) hours, excluding weekends or 
holidays, of admission, detention, or revocation of 
the consent of the minor sixteen (16) years of age or 
older or to the parent. 
b. If the licensed mental health professional determines 
that the minor is not a minor in need of treatment, 
the minor shall immediately be discharged. 
2. Upon admission or detention of a minor pursuant to this 
section, the person requesting the petition shall immediately notify 
the district attorney. The district attorney shall file a petition 
as provided in Section 5-509 of this title within three (3) days of 
receipt of the report and shall request a prehearing detention order 
from the court authorizing further detention of the child in the 
facility pending a hearing on a petition alleging the minor to be a 
minor in need of treatment and to require inpatient treatment and 
further order of the court. If the district attorney refuses to 
file a petition, the district attorney must immediately notify the 
requesting facility, in writing, of the refusal to file. 
a. If the court finds probable cause exists that the 
minor is a minor in need of treatment, the court shall 
issue a prehearing detention order authorizing the 
facility to detain the minor until the hearing on the 
petition and to immediately set a date and time for a 
hearing on the petition. A certified copy of the 
prehearing detention order shall constitute authority 
for a facility to detain or continue to detain the 
minor who is the subject of the order. 
b. If the court does not find probable cause exists that 
the minor is a minor in need of treatment, the court 
shall dismiss the petition and request for a 
prehearing detention order and order the release of 
the minor to the minor’s parent. 
Added by Laws 1992, c. 298, § 6, eff. July 1, 1993. Amended by Laws 
1998, c. 144, § 6, emerg. eff. April 22, 1998; Laws 2002, c. 327, § 
6, eff. July 1, 2002; Laws 2003, c. 130, § 6, eff. Nov. 1, 2003; 
Laws 2005, c. 110, § 5, eff. Nov. 1, 2005; Laws 2006, c. 97, § 28, 
eff. Nov. 1, 2006. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 172 
 
§43A-5-507. Admission of alleged deprived child or ward of court – 
Initial assessment – Mental health evaluation – Petition – Parent 
having physical custody. 
A. No minor who is placed into emergency, temporary or 
permanent custody of a state agency pursuant to Title 10A of the 
Oklahoma Statutes shall be admitted to a hospital or mental health 
or substance abuse treatment facility: 
1. On an emergency basis except as provided by this section; 
2. For inpatient treatment except upon a commitment order of 
the court pursuant to the provisions of subsection D of this section 
and after a finding that the minor requires such services as 
provided by Section 5-512 of this title. 
B. After an initial assessment and a determination that a minor 
is a minor in need of treatment, the minor may be admitted to a 
hospital or mental health or substance abuse treatment facility on 
an emergency basis for a period not to exceed five (5) days from the 
time of admission, excluding weekends and holidays. On the next 
business day following admission, notice of such admission shall be 
given by the person responsible for the supervision of the case, as 
applicable, to the minor's attorney, Court Appointed Special 
Advocate (CASA) or guardian ad litem, the court and district 
attorney. 
C. A minor admitted on an emergency basis pursuant to this 
section shall be evaluated and the mental health evaluation 
submitted to the district attorney within forty-eight (48) hours of 
admission, excluding weekends and holidays. The mental health 
evaluation shall be performed by a licensed mental health 
professional at the facility. 
D. If after an inpatient or outpatient mental health evaluation 
it appears that the minor may require inpatient treatment, the 
district attorney shall file a petition as provided by Section 5-509 
of this title within three (3) days after receiving the mental 
health evaluation requesting an order committing the minor to a 
facility for inpatient treatment. After the filing of a petition 
and upon issuance of a prehearing detention order, the minor may be 
detained in the facility for no longer than necessary for a hearing 
on the petition as provided by Section 5-510 of this title or 
further order of the court. 
E. Nothing in this section shall be interpreted to preclude or 
prohibit a parent having physical custody of a minor who is a ward 
of the court from arranging for an emergency admission of the minor. 
In such cases, the parent shall immediately notify the person 
responsible for the supervision of the case of the admission. 
Added by Laws 1992, c. 298, § 7, eff. July 1, 1993. Amended by Laws 
1994, c. 156, § 2, eff. July 1, 1994; Laws 1995, c. 254, § 6, eff. 
Nov. 1, 1995; Laws 1997, c. 386, § 22, emerg. eff. June 10, 1997; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 173 
Laws 2002, c. 327, § 7, eff. July 1, 2002; Laws 2003, c. 130, § 7, 
eff. Nov. 1, 2003; Laws 2006, c. 97, § 29, eff. Nov. 1, 2006; Laws 
2009, c. 234, § 140, emerg. eff. May 21, 2009; Laws 2013, c. 404, § 
25, eff. Nov. 1, 2013. 
 
§43A-5-508. Mental health evaluation – Contents and signature - 
Records. 
A. The mental health evaluation of a licensed mental health 
professional prepared pursuant to Section 5-506 or 5-507 of this 
title shall include written findings as to whether: 
1. The minor appears to be a minor in need of treatment and is 
reasonably likely to benefit from treatment; 
2. Based upon the following, inpatient treatment is the least 
restrictive alternative that meets the needs of the minor: 
a. reasonable efforts have been made to provide for the 
treatment needs of the minor through the provision of 
less restrictive alternatives and such alternatives 
have failed to meet the treatment needs of the minor, 
or 
b. after a thorough consideration of less restrictive 
alternatives to inpatient treatment, the condition of 
the minor is such that less restrictive alternatives 
are unlikely to meet the treatment needs of the minor; 
and 
3. The minor has been provided with a clinically appropriate 
explanation of the nature and purpose of the treatment. 
B. Any mental health evaluation of a minor alleged to be a 
minor in need of treatment that recommends that the minor be found 
to be eligible for inpatient mental health or substance abuse 
treatment shall be signed by the licensed mental health professional 
examining the minor. 
C. The parents, all public agencies, and all providers or 
programs which have treated or are treating the minor shall 
cooperate with the person conducting a mental health evaluation for 
the purpose of providing the mental health evaluation to a district 
attorney or to a district court and shall promptly deliver, as 
otherwise provided by law, all records related to the treatment or 
education of the minor. 
Added by Laws 1992, c. 298, § 8, eff. July 1, 1993. Amended by Laws 
1995, c. 254, § 7, eff. Nov. 1, 1995; Laws 1998, c. 144, § 7, emerg. 
eff. April 22, 1998; Laws 2002, c. 327, § 8, eff. July 1, 2002; Laws 
2003, c. 130, § 8, eff. Nov. 1, 2003; Laws 2005, c. 110, § 6, eff. 
Nov. 1, 2005; Laws 2006, c. 97, § 30, eff. Nov. 1, 2006. 
 
§43A-5-509. Filing of petition - Contents - Proposed individual 
treatment plan. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 174 
A. A petition alleging a minor to be a minor in need of 
treatment shall be filed by a district attorney and may be filed by 
a district attorney only after receipt and review of the mental 
health evaluation conducted by a licensed mental health professional 
stating that in the opinion of the professional the minor has a 
demonstrable mental illness or is drug or alcohol dependent and as a 
result of that mental illness or drug or alcohol dependence can be 
expected within the near future to inflict or attempt to inflict 
serious bodily harm to himself or herself or another person if 
services are not provided, and upon the request of: 
1. A parent, a public or private child care agency having legal 
custody of the minor, or a mental health or substance abuse 
treatment facility; or 
2. When the minor is a ward of the court, the Department of 
Human Services, the Office of Juvenile Affairs or juvenile bureau 
having supervision of the case or by the parent of the minor with 
the consent of the applicable agency, or juvenile bureau having 
supervision of the case. 
B. If after receipt and review of the mental health evaluation 
conducted by a licensed mental health professional: 
1. The district attorney declines to file a petition, the 
district attorney must immediately notify the requesting facility, 
in writing, of the refusal to file. Then the minor shall be 
discharged to the custody of the consenting parent or public or 
private agency having custody of the minor; or 
2. The petition is filed, a copy of the mental health 
evaluation conducted by the licensed mental health professional 
shall be attached to the petition and notice shall be given as 
provided by Section 5-510 of this title. 
C. 1. The proceeding shall be entitled "In the matter of 
____________, a minor alleged to be in need of inpatient mental 
health or substance abuse treatment". 
2. The petition shall allege that the minor has a demonstrable 
mental illness or is drug or alcohol dependent and as a result of 
that mental illness or drug or alcohol dependence can be expected 
within the near future to inflict or attempt to inflict serious 
bodily harm to himself or herself, or another person if services are 
not provided and has engaged in one or more recent overt acts or 
made significant recent threats which substantially support that 
expectation and shall be verified and may be based upon information 
and belief. The petition shall set forth: 
a. with particularity the facts which bring the minor 
within the purview of the Inpatient Mental Health and 
Substance Abuse Treatment of Minors Act, 
b. the name, age and residence of the minor, 
c. the names and residences of the parents of the minor, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 175 
d. the name and residence of the legal guardian of the 
minor, if one, 
e. the name and residence of the person or persons having 
custody or control of the minor, 
f. the name and residence of the nearest known relative, 
if no parent or guardian can be found, 
g. the relief requested, and 
h. an endorsement of witnesses intended to be called by 
the petitioner. 
D. Upon the filing of a petition pursuant to this section, if 
the minor has been admitted to a facility, the facility shall ensure 
that a proposed individual treatment plan for the minor is prepared 
and submitted to the court at least twenty-four (24) hours prior to 
the time set for the hearing. 
Added by Laws 1992, c. 298, § 9, eff. July 1, 1993. Amended by Laws 
1995, c. 254, § 8, eff. Nov. 1, 1995; Laws 2002, c. 327, § 9, eff. 
July 1, 2002; Laws 2003, c. 130, § 9, eff. Nov. 1, 2003; Laws 2006, 
c. 97, § 31, eff. Nov. 1, 2006. 
 
§43A-5-510. Notice of hearing on petition - Appointment of attorney 
- Evaluation report. 
Upon the filing of a petition alleging a minor to be a minor in 
need of treatment, the court shall: 
1. Appoint an attorney to represent the minor if the minor is 
not represented by counsel. An attorney so appointed shall consult 
with the minor at least twenty-four (24) hours prior to the date set 
for hearing the petition. In addition, the court may appoint a 
guardian ad litem as provided by Section 1-4-306 of Title 10A of the 
Oklahoma Statutes; 
2. Enter any prehearing detention orders as may be necessary; 
3. Set a date for a hearing on the petition. The date shall 
not be less than one (1) day, or more than three (3) days, excluding 
weekends and legal holidays, from the date of the filing of the 
petition. Upon the request of the attorney for the minor, the date 
of the hearing may be extended once for up to an additional three 
(3) days, excluding weekends and holidays; and 
4. Cause notice of the date, time, place and purpose of the 
hearing to be given to the petitioner, the minor, the parent(s) or 
legal custodian of the minor and the person in charge of the mental 
health or substance abuse treatment facility. If the minor is a 
ward of the court, or is in the custody of the Department of Human 
Services or the Office of Juvenile Affairs, notice shall also be 
given to a public or private child care agency having legal custody 
of the minor, if any, or to the person at the Department of Human 
Services, the Office of Juvenile Affairs or the applicable juvenile 
bureau responsible for the supervision of the case. The notice 
shall be given at least twenty-four (24) hours prior to the date set 
 
Oklahoma Statutes - Title 43A. Mental Health Page 176 
for the hearing and shall be given in such manner as directed by the 
court. 
Added by Laws 1992, c. 298, § 10, eff. July 1, 1993. Amended by 
Laws 1995, c. 254, § 9, eff. Nov. 1, 1995; Laws 2002, c. 327, § 10, 
eff. July 1, 2002; Laws 2003, c. 130, § 10, eff. Nov. 1, 2003; Laws 
2009, c. 234, § 141, emerg. eff. May 21, 2009. 
 
§43A-5-511. Hearings - Right to trial by jury. 
A. Hearings pursuant to the Inpatient Mental Health and 
Substance Abuse Treatment of Minors Act shall be private unless 
specifically ordered by the judge to be conducted in public, but 
persons having a direct interest in the case shall be admitted. 
Stenographic notes or other transcript of the hearings shall be kept 
as in other cases, but they shall not be open to inspection except 
by order of the court or as otherwise provided by Title 10A of the 
Oklahoma Statutes for court records relating to children. 
B. The minor may remain silent as a matter of right in hearings 
pursuant to the Inpatient Mental Health and Substance Abuse 
Treatment of Minors Act and shall be so advised. No statement, 
admission or confession made by the minor alleged to be a minor in 
need of treatment shall be used against the minor for any purpose 
except for proceedings pursuant to the Inpatient Mental Health and 
Substance Abuse Treatment of Minors Act. 
C. A decision determining a minor to be a minor in need of 
treatment shall be made by the judge; provided, however, the judge 
on his or her own motion may call a jury to try any such case. Such 
decision must be based on sworn testimony and the minor must have 
the opportunity for cross-examination unless the facts are 
stipulated. Where the facts are stipulated, the judge must 
ascertain from the minor if the minor agrees with the stipulation 
and understands the consequences of stipulating the facts. 
D. The court may receive as evidence and act upon the 
evaluation or report of the licensed mental health professional who 
evaluated the minor. 
E. If authorized by the court, any proceeding held pursuant to 
the Inpatient Mental Health and Substance Abuse Treatment of Minors 
Act may be conducted via teleconference communication; provided, 
that when a parent or child appears for a proceeding via 
teleconference, the attorney representing that parent or child shall 
personally appear at the hearing. For purposes of this paragraph, 
"teleconference communication" means participation in the hearing by 
interactive telecommunication, including telephonic communication, 
by the absent party, those parties present in court, the attorneys, 
and others deemed to be necessary participants to the proceeding 
including, but not limited to, foster parents and facility staff 
where a child may be receiving care or treatment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 177 
Added by Laws 1992, c. 298, § 11, eff. July 1, 1993. Amended by 
Laws 2002, c. 327, § 11, eff. July 1, 2002; Laws 2003, c. 130, § 11, 
eff. Nov. 1, 2003; Laws 2009, c. 234, § 142, emerg. eff. May 21, 
2009; Laws 2010, c. 278, § 20, eff. Nov. 1, 2010; Laws 2019, c. 360, 
§ 3, eff. Nov. 1, 2019. 
 
§43A-5-512. Commitment to treatment facility – Evidence required – 
Least restrictive alternative - Review of commitment. 
A. At the hearing the court shall determine whether by clear 
and convincing evidence: 
1. The minor has a demonstrable mental illness or is drug or 
alcohol dependent and as a result of that mental illness or drug or 
alcohol dependence can be expected within the near future to inflict 
or attempt to inflict serious bodily harm to himself or herself, or 
another person if services are not provided, and has engaged in one 
or more recent overt acts or made significant recent threats which 
substantially support that expectation; and 
2. The minor is a minor in need of treatment proposed in the 
individualized treatment plan and is likely to benefit from such 
treatment. 
B. After a hearing, the court shall order the minor to receive 
the least restrictive care and treatment appropriate for the 
treatment needs of the minor until such time as the care and 
treatment are no longer necessary. 
C. The court shall not commit a minor to a facility for 
inpatient treatment unless the court determines: 
1. The minor has a demonstrable mental illness or is drug or 
alcohol dependent and as a result of that mental illness or drug or 
alcohol dependence can be expected within the near future to inflict 
or attempt to inflict serious bodily harm to himself or herself, or 
another person if services are not provided, and has engaged in one 
or more recent overt acts or made significant recent threats which 
substantially support that expectation; or 
2. That all reasonable efforts have been made to provide for 
the treatment needs of the minor through the provision of less 
restrictive alternatives to inpatient treatment and that such 
alternatives have failed to meet the treatment needs of the minor; 
or 
3. After a thorough consideration of less restrictive 
alternatives to inpatient treatment, that the condition of the minor 
is such that less restrictive alternatives are unlikely to meet the 
treatment needs of the minor; and 
4. There are no comparably effective services available to the 
minor that are less physically intrusive or restrictive. 
D. Whenever, after a hearing, the court finds that the minor: 
1. Is not a minor in need of treatment the court shall dismiss 
the case; or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 178 
2. Is a minor in need of treatment but does not require 
inpatient treatment, the court may order treatment or services 
through a less restrictive alternative to inpatient mental health or 
substance abuse treatment, which may include ordering the minor to 
take medication as prescribed by a physician and, upon a finding 
that it is in the best interests of the minor, the court may order 
the parents or other adult persons living in the home of the minor 
to comply with reasonable conditions relating to the treatment of 
the minor. 
E. Whenever, after a hearing, the court finds that the minor is 
a minor in need of treatment and requires inpatient treatment in a 
mental health or substance abuse treatment facility, the court shall 
order the commitment of the minor to a mental health or substance 
abuse treatment facility until the minor is no longer a “minor in 
need of treatment” as determined by medical staff, subject to the 
review provisions contained in this section, and: 
1. When the minor is in the custody of a parent or legal 
guardian, order the parent or legal guardian to make arrangements 
for the admission of the minor to a public or private mental health 
or substance abuse treatment facility appropriate for the inpatient 
care and treatment of minors which is willing to admit the minor for 
treatment; and 
2. When the minor is in the custody of the Department of Human 
Services or the Office of Juvenile Affairs, order the Department or 
Office, as applicable, to make arrangements for the placement of the 
minor in a public or private mental health or substance abuse 
treatment facility appropriate for the inpatient treatment needs of 
the minor. 
F. Whenever the court commits a minor to a mental health or 
substance abuse treatment facility for inpatient treatment pursuant 
to this section, the court shall set the matter for review and shall 
review the matter not more than thirty (30) days from the date of 
commitment and shall continue to review the matter at intervals of 
not more than thirty (30) days until the minor is discharged from 
inpatient treatment. Not less than three (3) days prior to the 
review hearing, the mental health or substance abuse treatment 
facility shall submit a report regarding the minor’s progress and 
treatment and make a recommendation as to whether the minor needs 
inpatient care and the reasons therefor. 
Added by Laws 1992, c. 298, § 12, eff. July 1, 1993. Amended by 
Laws 1995, c. 254, § 10, eff. Nov. 1, 1995; Laws 2000, c. 84, § 1, 
eff. Nov. 1, 2000; Laws 2002, c. 327, § 12, eff. July 1, 2002; Laws 
2003, c. 130, § 12, eff. Nov. 1, 2003; Laws 2006, c. 97, § 32, eff. 
Nov. 1, 2006. 
 
§43A-5-513. Individualized treatment plan - Discharge plan. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 179 
A. Within ten (10) days after the admission of a minor for 
inpatient treatment, the person in charge of the facility in which 
the minor is being treated shall ensure that an individualized 
treatment plan has been prepared by the person responsible for the 
treatment of the minor. The minor shall be involved in the 
preparation of the treatment plan to the maximum extent consistent 
with the ability of the minor to understand and participate. The 
parent or legal custodian of the minor or, if the minor is in the 
custody of the Department of Human Services or the Office of 
Juvenile Affairs, the designated representative of the applicable 
agency, shall be involved to the maximum extent consistent with the 
treatment needs of the minor. 
B. The facility shall discharge the minor when appropriate 
facility medical staff determine the minor no longer meets the 
admission or commitment criteria. If not previously discharged, a 
minor committed by a court for inpatient treatment shall be 
discharged upon the expiration of a court order committing the minor 
for inpatient treatment or an order of the court directing the 
discharge of the minor. 
C. Prior to the discharge of the minor from inpatient 
treatment, a discharge plan for the minor shall be prepared and 
explained to the minor and the parent or the person responsible for 
the supervision of the case. The plan shall include but not be 
limited to: 
1. The services required by the minor in the community to meet 
the needs of the minor for treatment, education, housing, and 
physical care and safety; 
2. Identification of the public or private agencies that will 
be involved in providing treatment and support to the minor; 
3. Information regarding medication which should be prescribed 
to the minor; and 
4. An appointment for follow-up outpatient treatment and 
medication management. 
D. Upon the discharge of the minor from inpatient treatment, a 
designee of the facility shall inform the parent or person 
responsible for the supervision of the case of the importance of 
disclosing the mental health needs of the minor to the minor's 
resident school district as provided for in Section 1 of this act 
including disclosure in whole or in part of the minor's discharge 
plan prepared pursuant to subsection C of this section as 
appropriate and consistent with applicable law. 
Added by Laws 1992, c. 298, § 13, eff. July 1, 1993. Amended by 
Laws 1995, c. 254, § 11, eff. Nov. 1, 1995; Laws 2000, c. 84, § 2, 
eff. Nov. 1, 2000; Laws 2002, c. 327, § 13, eff. July 1, 2002; Laws 
2003, c. 130, § 13, eff. Nov. 1, 2003; Laws 2005, c. 110, § 7, eff. 
Nov. 1, 2005; Laws 2022, c. 247, § 2, eff. July 1, 2022. 

Oklahoma Statutes - Title 43A. Mental Health Page 180 
§43A-5-521. Pilot projects for community-based system of care. 
A. The Department of Mental Health and Substance Abuse Services 
shall continue pilot projects previously established for the 
delivery of mental health services to children and adolescents 
through a community-based system of care, contingent upon the 
availability of funds. Pilot projects shall include, but not be 
limited to, requirements for: 
1. The active participation and assistance of: 
a. local public agencies and private child-serving 
agencies receiving state funds through contracts with 
state agencies, 
b. local offices of state agencies having health, mental 
health or social or other service responsibilities 
related to children and adolescents, and 
c. the local school district; 
2. The use of comprehensive treatment plans that cross 
individual agency boundaries; 
3. Case managers responsible for the coordination of service 
delivery; 
4. Flexible funding to provide traditional or nontraditional 
services for which no other source of funding is available; 
5. A coordinated database for children receiving services 
through the pilot project; and 
6. Outcome measures to evaluate the service and cost 
effectiveness of the project. 
B. Community-based system of care for mental health services 
for children and adolescents shall be funded through available 
agency funds, federal grants, and private grants or other funds. 
Each state agency required by this act to participate in the 
continuation of pilot projects shall also assist with funding, 
including any required state matches to federal funds. 
As used in this section, “community-based system of care” means 
a consortium of public and private agencies within a community that 
establishes a coordinated team approach for the delivery of services 
to children and adolescents who require mental health services and 
their families. Services provided under a community-based system of 
care may include, but shall not be limited to, case management and 
service coordination, counseling, day treatment, special education 
services, family support, health services, homebound services, 
respite care, residential care, transitional services, psychiatric 
consultation, medication, transportation and wrap-around or 
nontraditional services. 
Added by Laws 2001, c. 311, § 2, emerg. eff. June 1, 2001. 
 
§43A-6-101. Nonresident consumers - Transfer to state of residence. 
Nonresidents who have been admitted as consumers to a facility 
within the Department of Mental Health and Substance Abuse Services 
 
Oklahoma Statutes - Title 43A. Mental Health Page 181 
in accordance with the provisions of this title may be transferred 
by the Commissioner of Mental Health and Substance Abuse Services to 
similar institutions within the state where they reside. The 
Commissioner shall make arrangements with the appropriate agency in 
other states to facilitate the orderly transfer of nonresidents to 
the state in which they reside. 
Added by Laws 1953, p. 167, § 71, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 82, eff. Nov. 1, 1986. Renumbered from § 71 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 2005, c. 150, § 51, emerg. eff. May 9, 2005. 
 
§43A-6-102. Transfer to federal agency for care and treatment. 
A. 1. Upon receipt of a certificate of the United States 
Public Health Service or any agency of the United States Government 
or a State Veterans Home that facilities are available for the care 
or treatment of any person who has been admitted to a facility 
within the Department of Mental Health and Substance Abuse Services 
in accordance with the provisions of this title and that such person 
is eligible for care or treatment, the Commissioner of Mental Health 
and Substance Abuse Services, upon recommendation by the person in 
charge of the facility in which the consumer is located, may 
transfer the consumer to: 
a. the United States Public Health Service or other 
agency of the United States Government, or 
b. a State Veterans Home or other agency of the state for 
care and treatment. 
2. If the consumer has been admitted under involuntary court-
ordered commitment proceedings, the Commissioner shall notify the 
committing court of any transfer when it has been effected. 
3. Any consumer transferred as provided in this section shall 
be deemed to be committed to the United States Public Health Service 
or other agency of the United States Government or a State Veterans 
Home or other agency of the state pursuant to the original 
commitment the same as if the person had been originally committed. 
B. 1. In the event that a consumer transferred under 
provisions of this section subsequently becomes ineligible for 
continued services, or if required services cannot be provided by 
the entity or facility where the consumer is committed and residing, 
the Commissioner shall upon notification accept the return of the 
consumer to the appropriate facility of the Department. 
2. If the consumer has been admitted under this title, the 
Commissioner shall notify the committing court of the transfer when 
it has been effected. 
3. Any consumer transferred as provided in this section shall 
be deemed to be committed to the Department pursuant to the original 
commitment the same as if the person had been originally committed. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 182 
Added by Laws 1953, p. 167, § 72, emerg. eff. June 3, 1953. Amended 
by Laws 1959, p. 189, § 4, emerg. eff. June 27, 1959; Laws 1980, c. 
83, § 1, eff. Oct. 1, 1980. Renumbered from § 72 of this title by 
Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, 
c. 150, § 52, emerg. eff. May 9, 2005; Laws 2022, c. 83, § 5, emerg. 
eff. April 25, 2022. 
 
§43A-6-103. Residents of state in institutions of other states - 
Admission to Oklahoma institution. 
Any resident of this state who has been admitted to an 
institution for mentally ill in another state, the District of 
Columbia, or a territory, in accordance with the laws of that place, 
may be admitted to an institution in Oklahoma within the Department 
of Mental Health and Substance Abuse Services without further 
proceedings in this state. 
Added by Laws 1953, p. 166, § 59, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 83, eff. Nov. 1, 1986. Renumbered from § 59 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1990, c. 51, § 101, emerg. eff. April 9, 1990. 
 
§43A-6-104. Bringing poor or indigent person into state. 
Any person who knowingly brings or causes to be brought, a poor 
or indigent person from out of the state into this state and keeps 
or leaves such person, or attempts to keep or leave such person, 
within the state for the purpose of placing the person or requiring 
the placement of the person as a consumer in any state facility 
within the Department of Mental Health and Substance Abuse Services 
for care or treatment therein at the expense of the state, shall be 
guilty of a misdemeanor. 
Added by Laws 1953, p. 174, § 132, emerg. eff. June 3, 1953. 
Renumbered from § 132 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 53, emerg. eff. 
May 9, 2005. 
 
§43A-6-201. Enactment of compact - Text. 
The Interstate Compact on Mental Health is hereby enacted into 
law and entered into by this state with all other states legally 
joining therein in the form substantially as follows: the 
contracting states solemnly agree that: 
ARTICLE I 
The party states find that the proper and expeditious treatment 
of the mentally ill and mentally deficient can be facilitated by 
cooperative action, to the benefit of the consumers, their families, 
and society as a whole. Further, the party states find that the 
necessity of and desirability for furnishing such care and treatment 
bears no primary relation to the residence or citizenship of the 
consumer but that, on the contrary, the controlling factors of 
 
Oklahoma Statutes - Title 43A. Mental Health Page 183 
community safety and humanitarianism require that facilities and 
services be made available for all who are in need of them. 
Consequently, it is the purpose of this compact and of the party 
states to provide the necessary legal basis for the 
institutionalization or other appropriate care and treatment of the 
mentally ill and mentally deficient under a system that recognizes 
the paramount importance of consumer welfare and to establish the 
responsibilities of the party states in terms of such welfare. 
ARTICLE II 
As used in this compact: 
(a) “Sending state” shall mean a party state from which a 
consumer is transported pursuant to the provisions of the compact or 
from which it is contemplated that a consumer may be so sent. 
(b) “Receiving state” shall mean a party state to which a 
consumer is transported pursuant to the provisions of the compact or 
to which it is contemplated that a consumer may be so sent. 
(c) “Facility” shall mean any hospital or other facility 
maintained by a party state or political subdivision thereof for the 
care and treatment of mental illness or mental deficiency. 
(d) “Consumer” shall mean any person subject to or eligible as 
determined by the laws of the sending state, for 
institutionalization or other care, treatment, or supervision 
pursuant to the provisions of this compact. 
(e) “After-care” shall mean care, treatment and services 
provided a consumer, as defined herein, on convalescent status or 
conditional release. 
(f) “Mental illness” shall mean mental disease to such extent 
that a person so afflicted requires care and treatment for the 
welfare of the person, or the welfare of others, or of the 
community. 
(g) “Mental deficiency” shall mean mental deficiency as defined 
by appropriate clinical authorities to such extent that persons so 
afflicted are incapable of managing themselves and their affairs, 
but shall not include mental illness as defined herein. 
(h) “State” shall mean any state, territory or possession of the 
United States, the District of Columbia, and the Commonwealth of 
Puerto Rico. 
ARTICLE III 
(a) Whenever a person physically present in any party state 
shall be in need of institutionalization by reason of mental illness 
or mental deficiency, the person shall be eligible for care and 
treatment in an institution in that state irrespective of the 
residence of the person, settlement or citizenship qualifications. 
(b) The provisions of paragraph (a) of this article to the 
contrary notwithstanding, any consumer may be transferred to a 
facility in another state whenever there are factors based upon 
clinical determinations indicating that the care and treatment of 
 
Oklahoma Statutes - Title 43A. Mental Health Page 184 
said consumer would be facilitated or improved thereby. Any such 
institutionalization may be for the entire period of care and 
treatment or for any portion or portions thereof. The factors 
referred to in this paragraph shall include the full record of the 
consumer with due regard for the location of the family of the 
consumer, character of the illness and probable duration thereof, 
and such other factors as shall be considered appropriate. 
(c) No state shall be obliged to receive any consumer pursuant 
to the provisions of paragraph (b) of this article unless the 
sending state has given advance notice of its intention to send the 
consumer; furnished all available medical and other pertinent 
records concerning the consumer; given the qualified medical or 
other appropriate clinical authorities of the receiving state an 
opportunity to examine the consumer if said authorities so wish; and 
unless the receiving state shall agree to accept the consumer. 
(d) In the event that the laws of the receiving state establish 
a system of priorities for the admission of consumers, an interstate 
consumer under this compact shall receive the same priority as a 
local consumer and shall be taken in the same order and at the same 
time that he would be taken if he were a local consumer. 
(e) Pursuant to this compact, the determination as to the 
suitable place of institutionalization for a consumer may be 
reviewed at any time and such further transfer of the consumer may 
be made as seems likely to be in the best interest of the consumer. 
ARTICLE IV 
(a) Whenever, pursuant to the laws of the state in which a 
consumer is physically present, it shall be determined that the 
consumer should receive aftercare or supervision, such care or 
supervision may be provided in a receiving state. If the medical or 
other appropriate clinical authorities having responsibility for the 
care and treatment of the consumer in the sending state shall have 
reason to believe that aftercare in another state would be in the 
best interest of the consumer and would not jeopardize the public 
safety, they shall request the appropriate authorities in the 
receiving state to investigate the desirability of affording the 
consumer such aftercare in said receiving state, and such 
investigation shall be made with all reasonable speed. The request 
for investigation shall be accompanied by complete information 
concerning the intended place of residence of the consumer and the 
identity of the person in whose charge it is proposed to place the 
consumer, the complete medical history of the consumer, and such 
other documents as may be pertinent. 
(b) If the medical or other appropriate clinical authorities 
having responsibility for the care and treatment of the consumer in 
the sending state and the appropriate authorities in the receiving 
state find that the best interest of the consumer would be served 
thereby, and if the public safety would not be jeopardized thereby, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 185 
the consumer may receive aftercare or supervision in the receiving 
state. 
(c) In supervising, treating, or caring for a consumer on 
aftercare, pursuant to the terms of this article, a receiving state 
shall employ the same standards of visitation, examination, care, 
and treatment that it employs for similar local consumers. 
ARTICLE V 
Whenever a dangerous or potentially dangerous consumer escapes 
from an institution in any party state, that state shall promptly 
notify all appropriate authorities within and without the 
jurisdiction of the escape in a manner reasonably calculated to 
facilitate the speedy apprehension of the escapee. Immediately upon 
the apprehension and identification of any such dangerous or 
potentially dangerous consumer, the consumer shall be detained in 
the state where found pending disposition in accordance with law. 
ARTICLE VI 
The duly-accredited officers of any state party to this compact, 
upon the establishment of their authority and the identity of the 
consumer, shall be permitted to transport any consumer being moved 
pursuant to this compact through any and all states party to this 
compact, without interference. 
ARTICLE VII 
(a) No person shall be deemed a consumer of more than one 
facility at any given time. Completion of transfer of any consumer 
to a facility in a receiving state shall have the effect of making 
the person a consumer of the facility in the receiving state. 
(b) The sending state shall pay all costs of and incidental to 
the transportation of any consumer pursuant to this compact, but any 
two or more party states may, by making a specific agreement for 
that purpose, arrange for a different allocation of costs as among 
themselves. 
(c) No provision of this compact shall be construed to alter or 
affect any internal relationships among the departments, agencies 
and officers of and in the government of a party state, or between a 
party state and its subdivisions, as to the payment of costs, or 
responsibilities therefor. 
(d) Nothing in this compact shall be construed to prevent any 
party state or subdivision thereof from asserting any right against 
any person, agency or other entity in regard to costs for which such 
party state or subdivision thereof may be responsible pursuant to 
any provision of this compact. 
(e) Nothing in this compact shall be construed to invalidate any 
reciprocal agreement between a party state and a nonparty state 
relating to institutionalization, care or treatment of the mentally 
ill or mentally deficient, or any statutory authority pursuant to 
which such agreements may be made. 
ARTICLE VIII 
 
Oklahoma Statutes - Title 43A. Mental Health Page 186 
(a) Nothing in this compact shall be construed to abridge, 
diminish, or in any way impair the rights, duties, and 
responsibilities of any guardian of the consumer on behalf of the 
guardian or in respect of any patient for whom the guardian may 
serve, except that where the transfer of any consumer to another 
jurisdiction makes advisable the appointment of a supplemental or 
substitute guardian, any court of competent jurisdiction in the 
receiving state may make such supplemental or substitute appointment 
and the court which appointed the previous guardian shall upon being 
duly advised of the new appointment, and upon the satisfactory 
completion of such accounting and other acts as such court may by 
law require, relieve the previous guardian of power and 
responsibility to whatever extent shall be appropriate in the 
circumstances; provided, however, that in the case of any consumer 
having settlement in the sending state, the court of competent 
jurisdiction in the sending state shall have the sole discretion to 
relieve a guardian appointed by it or continue his power and 
responsibility, whichever it shall deem advisable. The court in the 
receiving state may, in its discretion, confirm or reappoint the 
person or persons previously serving as guardian in the sending 
state in lieu of making a supplemental or substitute appointment. 
(b) The term “guardian” as used in paragraph (a) of this article 
shall include any guardian, trustee, legal committee, conservator, 
or other person or agency however denominated who is charged by law 
with power to act for or responsibility for the person or property 
of a consumer. 
ARTICLE IX 
(a) No provision of this compact except Article V shall apply to 
any person institutionalized while under sentence in a penal or 
correctional institution or while subject to trial on a criminal 
charge, or whose institutionalization is due to the commission of an 
offense for which, in the absence of mental illness or mental 
deficiency, said person would be subject to incarceration in a penal 
or correctional institution. 
(b) To every extent possible, it shall be the policy of states 
party to this compact that no consumer shall be placed or detained 
in any prison, jail or lockup, but such consumer shall, with all 
expedition, be taken to a suitable facility for mental illness or 
mental deficiency. 
ARTICLE X 
(a) Each party state shall appoint a “compact administrator” 
who, on behalf of the state of the compact administrator, shall act 
as general coordinator of activities under the compact in the state 
of the compact administrator and who shall receive copies of all 
reports, correspondence, and other documents relating to any 
consumer processed under the compact by the state of the compact 
administrator either in the capacity of sending or receiving state. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 187 
The compact administrator or a duly designated representative shall 
be the official with whom other party states shall deal in any 
matter relating to the compact or any consumer processed thereunder. 
(b) The compact administrators of the respective party states 
shall have power to promulgate reasonable rules and regulations to 
carry out more effectively the terms and provisions of this compact. 
ARTICLE XI 
The duly constituted administrative authorities of any two or 
more party states may enter into supplementary agreements for the 
provision of any service or facility or for the maintenance of any 
institution on a joint or cooperative basis whenever the states 
concerned shall find that such agreements will improve services, 
facilities, or institutional care and treatment in the fields of 
mental illness or mental deficiency. No such supplementary 
agreement shall be construed so as to relieve any party state of any 
obligation which it otherwise would have under other provisions of 
this compact. 
ARTICLE XII 
This compact shall enter into full force and effect as to any 
state when enacted by it into law and such state shall thereafter be 
a party thereto with any and all states legally joining therein. 
ARTICLE XIII 
(a) A state party to this compact may withdraw therefrom by 
enacting a statute repealing the same. Such withdrawal shall take 
effect one (1) year after notice thereof has been communicated 
officially and in writing to the governors and compact 
administrators of all other party states. However, the withdrawal 
of any state shall not change the status of any consumer who has 
been sent to said state or sent out of said state pursuant to the 
provisions of the compact. 
(b) Withdrawal from any agreement permitted by Article VII(b) as 
to costs or from any supplementary agreement made pursuant to 
Article XI shall be in accordance with the terms of such agreement. 
ARTICLE XIV 
This compact shall be liberally construed so as to effectuate 
the purposes thereof. The provisions of this compact shall be 
severable and if any phrase, clause, sentence or provision of this 
compact is declared to be contrary to the constitution of any party 
state or of the United States or the applicability thereof to any 
government, agency, person or circumstance is held invalid, the 
validity of the remainder of this compact and the applicability 
thereof to any government, agency, person or circumstance shall not 
be affected thereby. If this compact shall be held contrary to the 
constitution of any state party thereto, the compact shall remain in 
full force and effect as to the remaining states and in full force 
and effect as to the state affected as to all severable matters. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 188 
Added by Laws 1959, p. 191, § 1, emerg. eff. July 16, 1959. 
Renumbered from § 501 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 54, emerg. eff. 
May 9, 2005. 
 
§43A-6-202. Compact administrator - Powers. 
Pursuant to said compact, the Director of the Department of 
Mental Health and Substance Abuse Services, shall be ex officio 
compact administrator and who, acting jointly with like officers of 
other party states, shall have power to promulgate rules and 
regulations to carry out more effectively the terms of the compact. 
The compact administrator is hereby authorized, empowered and 
directed to cooperate with all departments, agencies and officers of 
and in the government of this state and its subdivisions in 
facilitating the proper administration of the compact of any 
supplementary agreement or agreements entered into by this state 
thereunder. 
Added by Laws 1959, p. 194, § 2, emerg. eff. July 16, 1959. 
Renumbered from § 502 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 102, emerg. eff. 
April 9, 1990. 
 
§43A-6-203. Supplemental agreements. 
The compact administrator is hereby authorized and empowered to 
enter into supplementary agreements with appropriate officials of 
other states pursuant to Articles VII and XI of the compact. In the 
event that such supplementary agreements shall require or 
contemplate the use of any institution or facility of this state or 
require or contemplate the provision of any service by this state, 
no such agreement shall have force or effect until approved by the 
head of the department or agency under whose jurisdiction said 
institution or facility is operated or whose department or agency 
will be charged with the rendering of such service. 
Added by Laws 1959, p. 194, § 3, emerg. eff. July 16, 1959. 
Renumbered from § 503 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. 
 
§43A-6-204. Discharge of financial obligations. 
The compact administrator, subject to the approval of the State 
Budget Director, may make or arrange for any payments necessary to 
discharge any financial obligations imposed upon this state by the 
compact or by any supplementary agreement entered into thereunder, 
and said payments shall be made from monies appropriated to the 
Department of Mental Health and Substance Abuse Services. 
Added by Laws 1959, p. 195, § 4, emerg. eff. July 16, 1959. 
Renumbered from § 504 of this title by Laws 1986, c. 103, § 103, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 189 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 103, emerg. eff. 
April 9, 1990. 
 
§43A-6-205. Proposed transferees. 
The compact administrator is hereby directed to consult with the 
immediate family of any proposed transferee and, in the case of a 
proposed transferee from an institution in this state to an 
institution in another party state, to take no final action without 
approval of the district court. 
Added by Laws 1959, p. 195, § 5, emerg. eff. July 16, 1959. 
Renumbered from § 505 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. 
 
§43A-7-101. Discharge or permission to leave facility - Outpatient 
status - Notification of discharge - Expense of returning to 
facility - Procedure. 
A. The person in charge of a facility within the Department of 
Mental Health and Substance Abuse Services shall discharge a 
consumer or permit the consumer to leave the facility as provided in 
this section. 
B. The person in charge shall discharge a consumer: 
1. Who is no longer a risk to self or others as provided by 
Section 1-103 of this title; 
2. Who is capable of surviving safely in freedom alone or with 
the help of other state agencies, private entities, or willing and 
responsible family members or friends; provided, however, nothing in 
this section or Section 7-102 of this title shall be construed as 
requiring any state agency or private entity to provide services 
except as voluntarily agreed to by the agency and consumer; and 
3. For whom a discharge plan has been developed pursuant to the 
provisions of Section 7-102 of this title. 
C. The person in charge may grant a convalescent leave or 
visiting status to a consumer in accordance with policies prescribed 
by the Commissioner of Mental Health and Substance Abuse Services. 
The facility granting a convalescent leave or visiting status to a 
consumer has no responsibility in returning the consumer to the 
facility should such become necessary. A convalescent leave or 
visiting status may be granted rather than a discharge when the 
complete recovery of the consumer can be determined only by 
permitting the consumer to leave the facility. The person in charge 
shall discharge a consumer who has not returned to the facility 
within twelve (12) months from the time a convalescent leave or 
visiting status was granted. Any return from convalescent leave or 
visiting status must be on a voluntary basis. 
D. In accordance with policies prescribed by the Commissioner, a 
person in charge may transfer a consumer to an outpatient or other 
nonhospital status when, in the opinion of the person in charge, such 
 
Oklahoma Statutes - Title 43A. Mental Health Page 190 
transfer will not be detrimental to the public welfare or injurious 
to the consumer and the necessary treatment may be continued on that 
basis; provided, however, that before transferring the consumer, the 
person in charge shall ensure that appropriate financial resources 
and appropriate services are available to receive and care for such 
consumer after such transfer. 
E. The person in charge of the facility shall notify the court 
that committed the consumer that the consumer has been discharged. 
Such notification shall be within forty-eight (48) hours after the 
actual discharge. 
F. If the consumer was committed after the dismissal of criminal 
charges pursuant to the provisions of Section 1175.6a of Title 22 of 
the Oklahoma Statutes: 
1. The Department shall continue all appropriate efforts to 
restore the consumer to competency as defined by Section 1175.1 of 
Title 22 of the Oklahoma Statutes during the consumer’s commitment; 
2. The Department shall evaluate the consumer for competency and 
issue a written report detailing the consumer’s progress in regaining 
competency to the attorney of the consumer, the district court that 
dismissed the criminal action, and the district attorney or other 
prosecuting agency that prosecuted the dismissed criminal action at 
least once every year; 
3. The Department shall notify the consumer, the attorney of the 
consumer, the prosecuting agency that prosecuted the dismissed 
criminal action, and the district court that committed the consumer 
no less than sixty (60) days prior to any discharge, leave, granting 
of visiting status, or transfer of the consumer. Contemporaneously 
with the notice, the Department shall provide a written report 
evaluating the consumer’s risk to self and others if released, the 
consumer’s status and progress in regaining competency, the 
consumer’s current and historical compliance with medication and 
treatment, and any discharge plan developed for the consumer; 
4. The prosecuting agency that prosecuted the dismissed criminal 
action may file with the district court that committed the consumer 
an objection to the consumer’s discharge, leave, granting of visiting 
status, or transfer within thirty (30) days of receipt of notice 
pursuant to paragraph 3 of this subsection. The prosecuting agency 
shall, regardless of whether an objection is filed, make reasonable 
efforts to notify all alleged victims in the dismissed criminal 
action, or if an alleged victim is deceased, his or her family, of 
the Department’s planned discharge, leave, granting of visiting 
status, or transfer of the consumer; 
5. The court shall hold a hearing within thirty (30) days of the 
filing of an objection by the prosecuting agency to determine whether 
the consumer’s planned discharge, leave, granting of visiting status, 
or transfer should occur. The consumer shall be entitled to counsel 
at the hearing and in preparation for the hearing. If the consumer 
 
Oklahoma Statutes - Title 43A. Mental Health Page 191 
does not have counsel, the court shall appoint an attorney to 
represent the person at no cost if the person is indigent and cannot 
afford an attorney. The hearing may be continued either by agreement 
of the parties or upon good cause shown. The prosecuting agency 
objecting to the consumer’s discharge, leave, granting of visiting 
status, or transfer shall bear the burden of proof, by clear and 
convincing evidence, that the planned discharge, leave, granting of 
visiting status, or transfer should not be granted. In the event of 
a planned discharge pursuant to subsection B of this section, the 
court shall determine whether the criteria contained within 
subsection B of this section has been met. In the event of a 
convalescent leave, granting of visiting status, or transfer pursuant 
to subsection C or D of this section, the court shall determine 
whether the applicable criteria have been met and whether the leave, 
granting of visiting status, or transfer is in the best interest of 
the consumer and in the best interest of public safety. The court 
shall enter the appropriate order which shall include written 
findings of fact and conclusions of law and specify its effective 
date; 
6. An order entered pursuant to this subsection may be appealed 
by either the consumer or the prosecuting agency to the Supreme Court 
in accordance with the rules of the Supreme Court. The district 
court, the Supreme Court, or the Court of Civil Appeals, if assigned, 
may stay an order granting discharge, leave, visiting status, or 
transfer pending appeal. On appeal, the district court’s findings of 
facts shall be reviewed for an abuse of discretion while the legal 
conclusions of the district court shall be reviewed de novo. If the 
prosecuting agency appeals an order granting the consumer’s 
discharge, leave, visiting status, or transfer and the order has been 
stayed pending appeal, the appellate court shall resolve the appeal 
in an expedited manner; and 
7. The provisions of this subsection shall apply to all persons 
subject to such terms regardless of whether the person’s criminal 
charge or commitment occurred before or after the effective date of 
this act. 
G. The expense of returning a consumer from convalescent leave, 
outpatient status or visiting status shall be that of: 
1. The party removing the consumer from the facility; or 
2. The Department. When it becomes necessary for the consumer 
to be returned from the county where the consumer happens to be, the 
Department shall reimburse the county pursuant to the provisions of 
the State Travel Reimbursement Act. 
H. In the event authorization is necessary to accomplish the 
return of the consumer to the facility, such authority is hereby 
vested in the judge of the district court in the county where the 
consumer is located. Upon receipt of notice that the consumer needs 
to be returned to the facility, the judge shall cause the consumer to 
 
Oklahoma Statutes - Title 43A. Mental Health Page 192 
be brought before the court by issuance of a citation directed to the 
consumer to appear and show cause why the consumer should not be 
returned to the facility. The judge shall, if clear and convincing 
evidence is presented by testimony under oath that the consumer 
should be returned to the facility, enter an order returning the 
consumer. If there is a lack of clear and convincing evidence 
showing the necessity of such return, the consumer shall immediately 
be released. Law enforcement officers are authorized to take into 
custody, detain and transport a consumer pursuant to a citation or an 
order of the judge of the district court. 
I. An attending physician of any consumer admitted to a private 
facility may discharge a consumer or permit the consumer to leave the 
facility subject to the same provisions applicable to the discharge 
or release of a consumer by the person in charge of a state facility. 
Added by Laws 1953, p. 167, § 73, emerg. eff. June 3, 1953. Amended 
by Laws 1959, p. 189, § 5, emerg. eff. June 27, 1959; Laws 1965, c. 
295, § 1, emerg. eff. June 24, 1965; Laws 1980, c. 227, § 1, eff. 
Oct. 1, 1980; Laws 1986, c. 35, § 2, eff. Nov. 1, 1986. Renumbered 
from § 73 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1989, c. 368, § 1, eff. Nov 1, 1989; Laws 
2001, c. 186, § 16, eff. Nov. 1, 2001; Laws 2003, c. 46, § 39, 
emerg. eff. April 8, 2003; Laws 2005, c. 150, § 55, emerg. eff. May 
9, 2005; Laws 2005, c. 195, § 27, eff. Nov. 1, 2005; Laws 2025, c. 
364, § 4, eff. Nov. 1, 2025. 
 
§43A-7-102. Discharge planning and assistance. 
A. Any person detained or voluntarily or involuntarily 
committed for treatment pursuant to the provisions of the Mental 
Health Law shall be provided with discharge planning and assistance 
by the facility where detained or treated. Discharge planning and 
assistance shall include, but not be limited to, the following: 
1. Return of all personal possessions to the person, upon 
discharge, except contraband considered illegal; and 
2. Transportation assistance. 
B. 1. A discharge plan shall be completed for every person to 
be discharged from a facility operated by the Department of Mental 
Health and Substance Abuse Services or an agency which provides 
services pursuant to a contract with the Department. 
2. Discharge planning and the discharge plan shall include, but 
not be limited to: 
a. housing information and referral, a location, approved 
by the Department, where the consumer will reside, 
provided, the Department shall give preference to 
discharge to an appropriate verifiable address, and, 
as necessary, placement assistance pursuant to Section 
7-104 of this title, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 193 
b. planning for outpatient treatment, as appropriate, 
including but not limited to assignment of a case 
manager, an initial appointment for outpatient 
services and a treatment plan. Sufficient medication 
to enable the person to be discharged to continue the 
course of medication prescribed for such person until 
such appointment shall be provided to the person being 
discharged at the time of discharge, and 
c. provision of the information in the discharge plan 
required by this subsection to the consumer in writing 
after such information has been fully explained to the 
person being discharged. The plan shall be signed by 
the person being discharged and by the person 
explaining the plan upon completion of a verbal 
explanation of such plan and shall be signed in the 
presence of a family member of the person being 
discharged, or other person interested in the welfare 
of the person being discharged. The original copy of 
the plan shall become a part of the official discharge 
papers of the consumer and shall be kept in the 
permanent files of the consumer. A copy of the signed 
discharge plan shall be furnished the person being 
discharged. 
C. The person designated by the Department may provide a family 
member of the person being discharged, or other person interested in 
the welfare of the person being discharged, with information related 
to the discharge plan as necessary, appropriate and in compliance 
with confidentiality requirements to enable said family member or 
other person to assist with the implementation of and compliance 
with the treatment plan. 
D. If a determination is made that an order for alternative 
treatment is necessary, the executive director or person in charge 
of the facility in which the person is receiving inpatient treatment 
shall: 
1. File or request the filing of a petition as provided by 
Section 5-410 or 9-102 of this title requesting the order; or 
2. Request the court to modify an existing order for 
involuntary commitment as provided by Section 5-419 of this title. 
Added by Laws 1985, c. 235, § 3, eff. Nov. 1, 1985. Amended by Laws 
1986, c. 35, § 1, eff. Nov. 1, 1986. Renumbered from § 54.12 of 
this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended 
by Laws 1988, c. 260, § 14, eff. Nov. 1, 1988; Laws 1989, c. 368, § 
2, eff. Nov. 1, 1989; Laws 1990, c. 51, § 104, emerg. eff. April 9, 
1990; Laws 1994, c. 327, § 1, eff. Sept. 1, 1994; Laws 2002, c. 488, 
§ 46, eff. Nov. 1, 2002; Laws 2003, c. 46, § 40, emerg. eff. April 
8, 2003; Laws 2005, c. 150, § 56, emerg. eff. May 9, 2005. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 194 
NOTE: Laws 1986, c. 103, § 84 repealed by Laws 1988, c. 260, § 18, 
eff. Nov. 1, 1988. Laws 1989, c. 329, § 3 repealed by Laws 1990, c. 
51, § 147, emerg. eff. April 9, 1990. 
 
§43A-7-103. Clothing and expenses upon release. 
No consumer shall be discharged or granted convalescent leave 
status from a state hospital without suitable clothing adapted to 
the season in which the consumer is discharged or granted 
convalescent leave status; and if it cannot be otherwise obtained, 
the business manager of the facility shall, upon the order of the 
executive director, furnish the same, and reasonable transportation 
costs and money not to exceed Twenty-five Dollars ($25.00), to 
defray the expenses of the consumer until the consumer can reach 
relatives or friends, or find employment to earn a subsistence. 
Added by Laws 1953, p. 170, § 82, emerg. eff. June 3, 1953. 
Renumbered from § 82 of this title by Laws 1986, c. 103, § 103, eff. 
Nov. 1, 1986. Amended by Laws 1986, c. 277, § 17, emerg. eff. June 
24, 1986; Laws 2005, c. 150, § 57, emerg. eff. May 9, 2005. 
 
§43A-7-104. Placement of homeless consumers. 
A. In the case of a consumer who has substantially impaired 
ability to provide adequate self care or custody and who has no home 
or relatives or friends able and willing to care for the consumer, 
the executive director prior to discharge from the facility shall 
make a reasonable effort to arrange an appropriate placement and 
necessary services for the consumer. 
B. When necessary, the executive director shall refer to other 
public or voluntary agencies for assistance; provided, nothing in 
this section or Section 7-102 of this title shall be construed as 
restricting the right of an adult consumer, when such consumer has 
not been found by a court to be incompetent, to determine the 
placement or residence of such consumer upon discharge from a 
facility. 
Added by Laws 1977, c. 145, § 7, emerg. eff. June 3, 1977. 
Renumbered from § 73.1 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1994, c. 327, § 2, eff. Sept. 1, 
1994; Laws 2005, c. 150, § 58, emerg. eff. May 9, 2005. 
 
§43A-7-105. Delivery of personal funds at time of discharge. 
It shall be the duty of the executive director of such facility 
to deliver all personal funds in the possession of the executive 
director for the benefit of a consumer to such consumer at the time 
the consumer is discharged. 
Added by Laws 1957, p. 421, § 3, emerg. eff. May 31, 1957. 
Renumbered from § 173 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 59, emerg. eff. 
May 9, 2005. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 195 
 
§43A-7-106. Return of property upon death or discharge. 
When any consumer in any state facility subject to the 
jurisdiction of the Department of Mental Health and Substance Abuse 
Services dies or leaves such facility, all property, including 
money, belonging to said consumer shall be immediately delivered: 
1. To the consumer, if leaving; or 
2. To the guardian or next of kin of the consumer, if the 
consumer has died. If the consumer has died and no person is 
available for such delivery, the facility shall notify the guardian 
or next of kin of such death and the description of the property on 
hand by certified mail at the last-known address of such guardian or 
next of kin. If the property is not claimed within one (1) year 
from the date of such notice, then the property shall become the 
property of the state, and all monies shall be credited to the 
revolving fund of the facility. 
Added by Laws 1961, p. 285, § 2, emerg. eff. July 14, 1961. 
Renumbered from § 175 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 105, emerg. eff. 
April 9, 1990; Laws 2005, c. 150, § 60, emerg. eff. May 9, 2005. 
 
§43A-7-107. Escape or leave without permission - Notice - Discharge 
or convalescent leave - Apprehension. 
A. When a facility within the Department of Mental Health and 
Substance Abuse Services has a consumer leave without permission, or 
escape, the executive director of the facility shall notify a 
relative of the consumer, or, in the event the consumer has been 
admitted in accordance with a court order, the judge of the court 
ordering the consumer to the hospital. 
B. Should a consumer, other than one admitted in accordance 
with a court order, absent from the hospital without permission, not 
cause trouble in the community to which he goes, the consumer may be 
discharged or given convalescent leave at the discretion of the 
executive director of the hospital. 
C. Any other consumer, escaped or absent without permission, 
who has to be returned to the hospital shall be returned by the 
relatives or friends or, in the event of their failure to return the 
escaped individual, it shall be the responsibility and duty of 
officers of the county wherein the individual is present to 
apprehend the individual and return the consumer to the appropriate 
facility. It shall be the duty of any municipal law enforcement 
officer to directly return such consumer if the facility is located 
within the boundaries of the governmental entity employing the 
officer. 
D. The governmental entity employing the law enforcement 
officers shall reimburse the officers for necessary travel expense 
as provided by law. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 196 
Added by Laws 1953, p. 170, § 78, emerg. eff. June 3, 1953. Amended 
by Laws 1976, c. 72, § 1, emerg. eff. April 27, 1976; Laws 1986, c. 
103, § 85, eff. Nov. 1, 1986. Renumbered from § 78 of this title by 
Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, 
c. 150, § 61, emerg. eff. May 9, 2005. 
 
§43A-7-108. Removal or enticement, assistance or encouragement to 
escape. 
Any person who takes a consumer who has been lawfully admitted 
from any facility within the Department of Mental Health and 
Substance Abuse Services without the consent of the executive 
director, or who entices, assists or encourages any such consumer to 
escape therefrom shall be guilty of a misdemeanor and, upon 
conviction, shall be fined not to exceed One Thousand Dollars 
($1,000.00) or confined in jail not to exceed one (1) year, or both. 
Added by Laws 1953, p. 174, § 133, emerg. eff. June 3, 1953. 
Renumbered from § 133 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 62, emerg. eff. 
May 9, 2005. 
 
§43A-7-109. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-7-110. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-7-111. Repealed by Laws 2002, c. 488, § 50, eff. Nov. 1, 2002. 
 
§43A-7-112. Judicial proceeding for declaration of restoration to 
soundness of mind - Procedure. 
A. When any person shall have been adjudged legally mentally 
incompetent, a petition may be presented to the court or the judge 
thereof which made such adjudication or to the court or the judge of 
the county where the person resides, for a finding and order 
declaring the person restored to soundness of mind. 
1. If an order is entered restoring the person to soundness of 
mind, such order shall be forwarded to the court which made the 
order adjudging said incompetency, and shall be placed in the 
original file of the matter. The order shall not affect any 
guardianship proceedings pending so as to prevent the payment of any 
lawful claims against such guardianship estate. 
2. If a person has been adjudged to be legally mentally 
incompetent in another state, the petition may be presented to the 
district court or the judge thereof where the consumer resides or 
where the facility in which the consumer is confined is located. 
The petition may be presented by the person who has been declared to 
be incompetent, or by the father, mother, husband, wife, brother, 
sister, child, or next of kin of the person, or by the executive 
director of the facility in which the consumer is held, provided, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 197 
the executive director is of the opinion that the consumer has 
recovered. 
3. a. If the executive director of the facility where a 
person is confined files a petition, in addition to 
requesting an adjudication as to the person’s 
competency, the executive director may request the 
appointment of a temporary guardian to whom the 
mentally incompetent person may be released pending 
the hearing on the petition. 
b. If a request is made, the executive director must 
attach a verified affidavit to the petition stating 
that the consumer no longer needs care and treatment 
and confinement is not necessary for the safety of the 
consumer and the safety of others. 
B. The district attorney of the county in which the petition is 
filed shall represent the executive director of the facility in 
which the consumer is kept and shall prepare the necessary pleadings 
for the executive director. 
C. Upon presentation of the petition to the court or the judge, 
the court or the judge shall set a time for hearing, and in case the 
application is made by the person adjudged mentally incompetent, 
shall issue notice of the hearing to be given to the person who 
applied for such adjudication, if the person be found in the county, 
and may cause such further notice to be given as to the court or the 
judge seems proper. 
D. If, upon the hearing of the petition the court or the judge 
from the testimony given, shall find such person restored to 
soundness of mind, an order shall be entered declaring the person 
mentally competent. The testimony of at least two qualified 
examiners establishing the sanity of such person, shall be required 
before the finding of the court or the judge and entering the order. 
E. The provisions of this section must also be followed when 
determining the competency of a person who has legally been 
determined to be mentally incompetent although the person is not 
institutionalized. 
Added by Laws 1953, p. 168, § 75, emerg. eff. June 3, 1953. Amended 
by Laws 1965, c. 343, § 1, emerg. eff. June 28, 1965. Renumbered 
from § 75 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 2005, c. 150, § 63, emerg. eff. May 9, 2005. 
 
§43A-7-113. Guardianship of person and estate without 
hospitalization - Ajudication - Bond of guardian. 
If after full examination and hearing the court shall determine 
that a person is mentally incompetent, but that it is not necessary 
to hospitalize him for treatment or for his own welfare, the welfare 
of others or of the community, the judge of the district court must 
issue an order adjudging the person to be mentally incompetent and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 198 
must appoint a guardian of his person and estate with the powers and 
duties that are prescribed for the guardian of a minor. Every such 
guardian has the care and custody of his ward, and the management of 
all his estate, until such guardian is legally discharged. The 
guardian shall give bond to the State of Oklahoma, in like manner 
and with like conditions, as before prescribed with respect to the 
guardian of a minor, provided that upon a finding by the district 
court that: 
1. The anticipated annual income to a ward for one (1) year 
plus the value of the personal property of the ward is less than 
Forty Thousand Dollars ($40,000.00); and 
2. The guardian of the ward is either a parent or a child of 
the ward, 
the court may order that a bond is not necessary. 
In all other cases, except as provided in subsection A of 
Section 776 of this title, a bond shall be required. 
Added by Laws 1953, p. 167, § 65, emerg. eff. June 3, 1953. Amended 
by Laws 1986, c. 103, § 89, eff. Nov. 1, 1986. Renumbered from § 65 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1987, c. 164, § 1, operative July 1, 1987. 
 
§43A-8-101. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-102. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 
2005. 
 
§43A-8-103. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-104. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-105. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-106. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-107. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-108. Repealed by Laws 2022, c. 297, § 9, eff. Nov. 1, 2022. 
 
§43A-8-201. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. 
 
§43A-8-202. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. 
 
§43A-8-203. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. 
 
§43A-8-204. Repealed by Laws 1992, c. 298, § 42, eff. July 1, 1993. 

Oklahoma Statutes - Title 43A. Mental Health Page 199 
§43A-9-101. Voluntary treatment - Application - Admission - 
Discharge. 
A. 1. An alcohol- or drug-dependent person or his or her court 
appointed guardian may apply for voluntary treatment directly to an 
approved treatment facility. 
2. A minor may apply for voluntary treatment pursuant to the 
provisions of Section 2602 of Title 63 of the Oklahoma Statutes. 
3. A parent of a minor may consent to the voluntary admission 
and treatment of the minor directly to an approved treatment 
facility for substance abuse treatment. 
B. 1. Subject to rules adopted by the Board of Mental Health 
and Substance Abuse Services, the administrator in charge of an 
approved treatment facility may determine who shall be admitted for 
treatment. 
2. When a person is refused admission to an approved treatment 
facility, the administrator, subject to rules adopted by the Board, 
shall refer the person to another approved treatment facility for 
treatment if possible and appropriate. 
C. 1. When a consumer receiving inpatient care leaves an 
approved treatment facility, the consumer shall be encouraged to 
consent to appropriate outpatient or intermediate treatment. 
2. If it appears to the administrator in charge of the approved 
treatment facility that the consumer is an alcohol- or drug-
dependent person who requires help, the facility shall arrange for 
assistance in obtaining supportive services and residential 
facilities if possible and appropriate. 
D. If the consumer is a minor or an incompetent person, the 
request for discharge from an inpatient or residential facility 
shall be made by a parent, spouse, or legal guardian, or by the 
minor if the minor was voluntarily admitted. 
Added by Laws 1978, c. 64, § 9. Amended by Laws 1983, c. 134, § 19, 
eff. July 1, 1983; Laws 1986, c. 103, § 93, eff. Nov. 1, 1986. 
Renumbered from § 2126 of Title 63 by Laws 1986, c. 103, § 104, eff. 
Nov. 1, 1986. Amended by Laws 2002, c. 488, § 47, eff. Nov. 1, 
2002; Laws 2005, c. 150, § 69, emerg. eff. May 9, 2005; Laws 2005, 
c. 195, § 28, eff. Nov. 1, 2005; Laws 2007, c. 130, § 16, eff. Nov. 
1, 2007. 
 
§43A-9-102. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-9-103. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-9-104. Repealed by Laws 2006, c. 97, § 33, eff. Nov. 1, 2006. 
 
§43A-10-101. Short title. 
Sections 10-101 through 10-110 of this title may be cited as the 
"Protective Services for Vulnerable Adults Act". 
 
Oklahoma Statutes - Title 43A. Mental Health Page 200 
Added by Laws 1977, c. 264, § 1, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 1, eff. Nov. 1, 1984; Laws 1986, c. 103, § 
97, eff. Nov. 1, 1986. Renumbered from § 801 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1997, c. 
195, § 4, eff. Nov. 1, 1997. 
 
§43A-10-102. Purpose. 
A. The Legislature recognizes that many citizens of this state, 
because of the infirmities of aging, incapacity, or other disability 
are unable to manage their own affairs or to protect themselves from 
exploitation, abuse, or neglect and are in need of protective 
services. 
B. Services provided pursuant to the provisions of the 
Protective Services for Vulnerable Adults Act shall guarantee, to 
the maximum degree of feasibility, the individual the same rights as 
other citizens, and at the same time protect the individual from 
exploitation, abuse, or neglect. 
C. The Protective Services for Vulnerable Adults Act is 
designed to establish a program of protective services for 
vulnerable adults in need of those services. 
Added by Laws 1977, c. 264, § 2, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 2, eff. Nov. 1, 1984. Renumbered from § 802 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1997, c. 195, § 5, eff. Nov. 1, 1997; Laws 2003, c. 
332, § 1, emerg. eff. May 29, 2003. 
 
§43A-10-103. Definitions. 
A. When used in the Protective Services for Vulnerable Adults 
Act: 
1. “Protective services” means services which are necessary to 
aid a vulnerable adult in meeting the essential requirements for 
mental or physical health and safety that the vulnerable adult is 
unable to provide or obtain without assistance. The term 
“protective services” includes but is not limited to services 
provided to or obtained for such person in order to prevent or 
remedy the abuse, neglect, or exploitation of such person; 
2. “Services which are necessary to aid an individual to meet 
essential requirements for mental or physical health and safety” 
include, but shall not be limited to: 
a. the identification of vulnerable adults in need of the 
services, 
b. the provision of medical care for physical and mental 
health needs, 
c. the provision of social services assistance in 
personal hygiene, food, clothing, and adequately 
heated and ventilated shelter, 
d. protection from health and safety hazards, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 201 
e. protection from physical mistreatment, 
f. guardianship referral, 
g. outreach programs, and 
h. the transportation necessary to secure any of such 
services. 
The term shall not include taking the person into physical custody 
without the consent of the person except as provided for in Sections 
10-107 and 10-108 of this title, and the evaluation, monitoring, and 
provision of protective placements; 
3. “Meet essential requirements for mental or physical health 
and safety” means those actions necessary to provide the health 
care, food, shelter, clothing, personal hygiene and other care 
without which physical injury or illness to the vulnerable adult is 
likely to occur; 
4. “Incapacitated person” means: 
a. any person eighteen (18) years of age or older: 
(1) who is impaired by reason of mental or physical 
illness or disability, dementia or related 
disease, developmental or intellectual disability 
or other cause, and 
(2) whose ability to receive and evaluate information 
effectively or to make and to communicate 
responsible decisions is impaired to such an 
extent that such person lacks the capacity to 
manage his or her financial resources or to meet 
essential requirements for his or her mental or 
physical health or safety without assistance from 
others, or 
b. a person for whom a guardian, limited guardian, or 
conservator has been appointed pursuant to the 
Oklahoma Guardianship and Conservatorship Act; 
5. “Vulnerable adult” means an individual who is an 
incapacitated person or who, because of physical or mental 
disability, including persons with Alzheimer’s disease or other 
dementias, incapacity, or other disability, is substantially 
impaired in the ability to provide adequately for the care or 
custody of himself or herself, or is unable to manage his or her 
property and financial affairs effectively, or to meet essential 
requirements for mental or physical health or safety, or to protect 
himself or herself from abuse, verbal abuse, neglect, or 
exploitation without assistance from others; 
6. “Caretaker” means a person who has: 
a. the responsibility for the care of a vulnerable adult 
or the financial management of the resources of a 
vulnerable adult as a result of a family relationship, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 202 
b. assumed the responsibility for the care of a 
vulnerable adult voluntarily, by contract, or as a 
result of the ties of friendship, or 
c. been appointed a guardian, limited guardian, or 
conservator pursuant to the Oklahoma Guardianship and 
Conservatorship Act; 
7. “Department” means, unless the context clearly indicates 
otherwise, the Department of Human Services; 
8. “Abuse” means causing or permitting: 
a. the infliction of physical pain, injury, sexual abuse, 
sexual exploitation, unreasonable restraint or 
confinement, mental anguish or personal degradation, 
or 
b. the deprivation of nutrition, clothing, shelter, 
health care, or other care or services without which 
serious physical or mental injury is likely to occur 
to a vulnerable adult by a caretaker or other person 
providing services to a vulnerable adult; 
9. “Exploitation” or “exploit” means an unjust or improper use 
of the resources of a vulnerable adult for the profit or advantage, 
pecuniary or otherwise, of a person other than the vulnerable adult 
through the use of undue influence, coercion, harassment, duress, 
deception, false representation or false pretense; 
10. “Financial neglect” means repeated instances by a 
caretaker, or other person, who has assumed the role of financial 
management, of failure to use the resources available to restore or 
maintain the health and physical well-being of a vulnerable adult, 
including, but not limited to: 
a. squandering or negligently mismanaging the money, 
property, or accounts of a vulnerable adult, 
b. refusing to pay for necessities or utilities in a 
timely manner, or 
c. providing substandard care to a vulnerable adult 
despite the availability of adequate financial 
resources; 
11. “Neglect” means: 
a. the failure to provide protection for a vulnerable 
adult who is unable to protect his or her own 
interest, 
b. the failure to provide a vulnerable adult with 
adequate shelter, nutrition, health care, or clothing, 
or 
c. negligent acts or omissions that result in harm or the 
unreasonable risk of harm to a vulnerable adult 
through the action, inaction, or lack of supervision 
by a caretaker providing direct services; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 203 
12. “Personal degradation” means a willful act by a caretaker 
intended to shame, degrade, humiliate or otherwise harm the personal 
dignity of a vulnerable adult, or where the caretaker knew or 
reasonably should have known the act would cause shame, degradation, 
humiliation or harm to the personal dignity of a reasonable person. 
Personal degradation includes the taking, transmitting, or display 
of an electronic image of a vulnerable adult by a caretaker, where 
the caretaker’s actions constitute a willful act intended to shame, 
degrade, humiliate or otherwise harm the personal dignity of the 
dependent adult, or where the caretaker knew or reasonably should 
have known the act would cause shame, degradation, humiliation or 
harm to the personal dignity of a reasonable person. Personal 
degradation does not include: 
a. the taking, transmission or display of an electronic 
image of a vulnerable adult for the purpose of 
reporting vulnerable adult abuse to law enforcement, 
the Department of Human Services or other regulatory 
agency that oversees caretakers or enforces abuse or 
neglect laws or rules, 
b. the taking, transmission or display of an electronic 
image of a vulnerable adult for the purpose of 
treatment or diagnosis, or 
c. the taking, transmission or display of an electronic 
image of a vulnerable adult as part of an ongoing 
investigation; 
13. “Sexual abuse” means: 
a. oral, anal, or vaginal penetration of a vulnerable 
adult by or through the union with the sexual organ of 
a caretaker or other person providing services to the 
vulnerable adult, or the anal or vaginal penetration 
of a vulnerable adult by a caretaker or other person 
providing services to the vulnerable adult with any 
other object, 
b. for the purpose of sexual gratification, the touching, 
feeling or observation of the body or private parts of 
a vulnerable adult by a caretaker or other person 
providing services to the vulnerable adult, or 
c. indecent exposure by a caretaker or other person 
providing services to the vulnerable adult; 
14. “Indecent exposure” means forcing or requiring a vulnerable 
adult to: 
a. look upon the body or private parts of another person 
or upon sexual acts performed in the presence of the 
vulnerable adult, or 
b. touch or feel the body or private parts of another; 
15. “Self-neglect” means the action or inaction of a vulnerable 
adult which causes that person to fail to meet the essential 
 
Oklahoma Statutes - Title 43A. Mental Health Page 204 
requirements for physical or mental health and safety due to the 
vulnerable adult’s lack of awareness, incompetence or incapacity; 
16. “Sexual exploitation” includes, but is not limited to, a 
caretaker’s causing, allowing, permitting or encouraging a 
vulnerable adult to engage in prostitution or in the lewd, obscene, 
or pornographic photographing, filming or depiction of the 
vulnerable adult as those acts are defined by state law; 
17. “Verbal abuse” means the use of words, sounds, or other 
communication including, but not limited to, gestures, actions or 
behaviors, by a caretaker or other person providing services to a 
vulnerable adult that are likely to cause a reasonable person to 
experience humiliation, intimidation, fear, shame or degradation; 
and 
18. “Appropriate state entity” means: 
a. the Office of Client Advocacy within the State 
Department of Health, if the allegation concerns a 
vulnerable adult who is: 
(1) a certified member of the plaintiff class in 
Homeward Bound, Inc., et al. v. The Hissom 
Memorial Center, et al., Case Number 85-C-437-E, 
United States District Court for the Northern 
District of Oklahoma, 
(2) a resident of the Robert M. Greer Center or 
successor facility, or 
(3) receiving services from a community services 
provider, community services worker, Medicaid 
personal care services provider, or Medicaid 
personal care assistant, as those terms are 
defined in Section 1025.1 of Title 56 of the 
Oklahoma Statutes, when such provider or worker 
is the alleged perpetrator, or 
b. the Department of Human Services, if the allegation 
concerns a vulnerable adult who does not meet the 
description of subparagraph a of this paragraph. 
B. Nothing in this section shall be construed to mean a 
vulnerable adult is abused or neglected for the sole reason the 
vulnerable adult, in good faith, selects and depends upon spiritual 
means alone through prayer, in accordance with the practices of a 
recognized religious method of healing, for the treatment or cure of 
disease or remedial care, or a caretaker or other person 
responsible, in good faith, is furnishing such vulnerable adult 
spiritual means alone through prayer, in accordance with the tenets 
and practices of a recognized church or religious denomination, for 
the treatment or cure of disease or remedial care in accordance with 
the practices of or express consent of the vulnerable adult. 
Added by Laws 1977, c. 264, § 3, emerg. eff. June 17, 1977. Amended 
by Laws 1980, c. 238, § 1, eff. Oct. 1, 1980; Laws 1984, c. 256, § 
 
Oklahoma Statutes - Title 43A. Mental Health Page 205 
3, eff. Nov. 1, 1984. Renumbered from § 803 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1994, c. 
244, § 1, eff. Sept. 1, 1994; Laws 1997, c. 195, § 6, eff. Nov. 1, 
1997; Laws 1998, c. 298, § 3, eff. Nov. 1, 1998; Laws 2001, c. 393, 
§ 1, emerg. eff. June 4, 2001; Laws 2003, c. 332, § 2, emerg. eff. 
May 29, 2003; Laws 2007, c. 68, § 2, eff. Nov. 1, 2007; Laws 2016, 
c. 39, § 1, eff. Nov. 1, 2016; Laws 2019, c. 350, § 1, eff. Nov. 1, 
2019; Laws 2019, c. 475, § 30, eff. Nov. 1, 2019; Laws 2025, c. 215, 
§ 4, emerg. eff. May 13, 2025. 
NOTE: Laws 1998, c. 219, § 2 repealed by Laws 1999, c. 1, § 45, 
emerg. eff. Feb. 24, 1999. 
 
§43A-10-104. See the following versions: 
OS 43A-10-104v1 (HB 1681, Laws 2003, c. 332, § 3) 
OS 43A-10-104v2 (SB 949, Laws 2025, c. 215, § 5) 
 
§43A-10-104v1. Persons required to report abuse – Contents of 
report – Penalty – Immunity – False reports – Reporting of 
suspicious deaths – Impairment of employment prohibited. 
A. 1. Any person having reasonable cause to believe that a 
vulnerable adult is suffering from abuse, neglect, or exploitation 
shall make a report to either the Department of Human Services, the 
office of the district attorney in the county in which the suspected 
abuse, neglect, or exploitation occurred or the local municipal 
police department or sheriff's department as soon as the person is 
aware of the situation. 
2. a. If a report is made to the Department of Human 
Services, the county office, after investigating the 
report, shall forward its findings to the office of 
the district attorney in the county in which the 
suspected abuse, neglect, or exploitation occurred. 
b. The findings shall also be sent to any state agency 
with concurrent jurisdiction over persons or issues 
identified in the investigation, including, where 
appropriate, the State Department of Health, the 
Oklahoma Board of Nursing, or any other appropriate 
state licensure or certification board, agency, or 
registry. 
B. Persons required to make reports pursuant to this section 
shall include, but not be limited to: 
1. Physicians; 
2. Operators of emergency response vehicles and other medical 
professionals; 
3. Social workers and mental health professionals; 
4. Law enforcement officials; 
5. Staff of domestic violence programs; and 
6. Long-term care facility personnel. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 206 
C. The report shall contain the name and address of the 
vulnerable adult, the name and address of the caretaker, if any, and 
a description of the current location and current condition of the 
vulnerable adult and of the situation which may constitute abuse, 
neglect or exploitation of the vulnerable adult. 
D. Any person who knowingly and willfully fails to promptly 
report any abuse, neglect, or exploitation as required by the 
provisions of subsections A and B of this section, upon conviction, 
shall be guilty of a misdemeanor punishable by imprisonment in the 
county jail for a term not exceeding one (1) year or by a fine of 
not more than One Thousand Dollars ($1,000.00), or by both such fine 
and imprisonment. 
E. 1. Any person participating in good faith and exercising 
due care in the making of a report pursuant to the provisions of 
this section shall have immunity from any civil or criminal 
liability that might otherwise be incurred or imposed. Any such 
participant shall have the same immunity with respect to 
participation in any judicial proceeding resulting from such report. 
2. The same immunity from any civil or criminal liability shall 
also be extended to previous employers of a person employed to be 
responsible for the care of a vulnerable adult, who in good faith 
report to new employers or prospective employers of such caretaker 
any misconduct of the caretaker including, but not limited to, 
abuse, neglect or exploitation of a vulnerable adult, whether 
confirmed or not. 
F. Any person who willfully or recklessly makes a false report 
shall be civilly liable for any actual damages suffered by the 
person being reported and for any punitive damages set by the court 
or jury which may be allowed in the discretion of the court or jury. 
G. Any state or county medical examiner or physician who has 
reasonable cause to suspect that the death of any vulnerable adult 
may be the result of abuse or neglect as defined by Section 10-103 
of this title shall make a report to the district attorney of the 
county in which the death occurred. The report shall include the 
name of the person making the report, the name of the deceased 
person, the facts or other evidence supporting such suspicion, and 
any other information that may be of assistance to the district 
attorney in conducting an investigation into the matter. 
H. No employer shall terminate the employment, prevent or 
impair the practice or occupation of or impose any other sanction on 
any employee solely for the reason that the employee made or caused 
to be made a report or cooperated with an investigation pursuant to 
the Protective Services for Vulnerable Adults Act. A court, in 
addition to other damages and remedies, may assess reasonable 
attorney fees against an employer who has been found to have 
violated the provisions of this subsection. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 207 
Added by Laws 1977, c. 264, § 4, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 140, § 1, eff. Nov. 1, 1984; Laws 1984, c. 256, § 
4, eff. Nov. 1, 1984. Renumbered from § 804 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 
159, § 1, eff. July 1, 1993; Laws 1997, c. 195, § 7, eff. Nov. 1, 
1997; Laws 1998, c. 298, § 4, eff. Nov. 1, 1998; Laws 2000, c. 340, 
§ 24, eff. July 1, 2000; Laws 2003, c. 332, § 3, emerg. eff. May 29, 
2003. 
 
§43A-10-104v2. Persons required to report abuse, neglect, or 
exploitation - Penalty - Immunity - Civil liability for false 
reports - Disclosure of health information - Reporting of suspicious 
deaths - Impairment of employment prohibited. 
A. Any person having reasonable cause to believe that a 
vulnerable adult is suffering from abuse, neglect, or exploitation 
shall make a report as soon as the person is aware of the situation 
to: 
1. The Department of Human Services; 
2. The Office of Client Advocacy within the State Department of 
Health; or 
3. The municipal police department or sheriff’s office in the 
county in which the suspected abuse, neglect, or exploitation 
occurred. 
B. Persons required to make reports pursuant to this section 
shall include, but not be limited to: 
1. Physicians; 
2. Operators of emergency response vehicles and other medical 
professionals; 
3. Social workers and mental health professionals; 
4. Law enforcement officials; 
5. Staff of domestic violence programs; 
6. Long-term care facility personnel, including staff of 
nursing facilities, intermediate care facilities for individuals 
with intellectual disabilities (ICFs/IID), assisted living 
facilities, and residential care facilities; 
7. Other health care professionals; 
8. Persons entering into transactions with a caretaker or other 
person who has assumed the role of financial management for a 
vulnerable adult; 
9. Staff of residential care facilities, group homes, or 
employment settings for individuals with intellectual disabilities; 
10. Job coaches, community service workers, and personal care 
assistants; and 
11. Municipal employees. 
C. 1. If the report is not made in writing in the first 
instance, as soon as possible after it is initially made by 
telephone or otherwise, the report shall be reduced to writing by 
 
Oklahoma Statutes - Title 43A. Mental Health Page 208 
the Department of Human Services in accordance with rules 
promulgated by the Director of Human Services, by the Office of 
Client Advocacy in accordance with rules promulgated by the State 
Commissioner of Health, or by the local municipal police or 
sheriff’s department, whichever entity received the initial report. 
The report shall contain the following information: 
a. the name and address of the vulnerable adult, 
b. the name and address of the caretaker, guardian, or 
person having power of attorney over the vulnerable 
adult’s resources if any, 
c. a description of the current location of the 
vulnerable adult, 
d. a description of the current condition of the 
vulnerable adult, and 
e. a description of the situation which may constitute 
abuse, neglect or exploitation of the vulnerable 
adult. 
2. If federal law specifically prohibits the disclosure of any 
of the information required by this subsection, that information may 
be excluded from the report. 
D. 1. If the initial report is made to the local municipal 
police department or sheriff’s office, such police department or 
sheriff’s office shall notify, as soon as possible, the Department 
of Human Services and the Office of Client Advocacy of its 
investigation. 
2. If, at any point after the initial report, the Department of 
Human Services or the Office of Client Advocacy discovers that it is 
not the appropriate state entity for the investigation as defined in 
Section 10-103 of this title, it shall refer the matter to and share 
the initial report with the appropriate state entity. 
E. Any person who knowingly and willfully fails to promptly 
report any abuse, neglect, or exploitation as required by the 
provisions of subsection A of this section, upon conviction, shall 
be guilty of a misdemeanor punishable by imprisonment in the county 
jail for a term not exceeding one (1) year or by a fine of not more 
than One Thousand Dollars ($1,000.00), or by both such fine and 
imprisonment. 
F. 1. Any person participating in good faith and exercising 
due care in the making of a report pursuant to the provisions of 
this section shall have immunity from any civil or criminal 
liability that might otherwise be incurred or imposed. Any such 
participant shall have the same immunity with respect to 
participation in any judicial proceeding resulting from the report. 
2. The same immunity from any civil or criminal liability shall 
also be extended to previous employers of a person employed to be 
responsible for the care of a vulnerable adult, who in good faith 
report to new employers or prospective employers of such caretaker 
 
Oklahoma Statutes - Title 43A. Mental Health Page 209 
any misconduct of the caretaker including, but not limited to, 
abuse, neglect or exploitation of a vulnerable adult, whether 
confirmed or not. 
G. Any person who willfully or recklessly makes a false report 
shall be civilly liable for any actual damages suffered by the 
person being reported and for any punitive damages set by the court 
or jury which may be allowed in the discretion of the court or jury. 
H. 1. Every physician or other health care professional making 
a report concerning the abuse, neglect or exploitation of a 
vulnerable adult, as required by this section, or examining a 
vulnerable adult to determine the likelihood of abuse, neglect or 
exploitation, and every hospital in which a vulnerable adult is 
examined or treated for abuse, neglect or exploitation shall 
disclose necessary health information related to the case and 
provide, upon request by either the Department of Human Services, 
the Office of Client Advocacy, or the local municipal police or 
sheriff’s department receiving the initial report, copies of the 
results or the records of the examination on which the report was 
based, and any other clinical notes, x-rays or photographs and other 
health information which is related to the case if: 
a. the vulnerable adult agrees to the disclosure of the 
health information, or 
b. the individual is unable to agree to the disclosure of 
health information because of incapacity, and 
(1) the requesting party represents that the health 
information for which disclosure is sought is not 
intended to be used against the vulnerable adult 
in a criminal prosecution but to provide 
protective services pursuant to the Protective 
Services for Vulnerable Adults Act, 
(2) the disclosure of the information is necessary to 
conduct an investigation into the alleged abuse, 
neglect or exploitation of the vulnerable adult 
subject to the investigation, and 
(3) immediate enforcement activity that depends upon 
the disclosure: 
(a) is necessary to protect the health, safety 
and welfare of the vulnerable adult because 
of incapacity, or 
(b) would be materially and adversely affected 
by waiting until the vulnerable adult is 
able to agree to the disclosure. 
2. If federal law specifically prohibits the disclosure of any 
of the information required by this subsection, that information may 
be excluded from the disclosed health information. 
I. After investigating the report, either the county office of 
the appropriate state entity or the municipal police department or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 210 
sheriff’s office, as appropriate, shall forward its findings to the 
office of the district attorney in the county in which the suspected 
abuse, neglect, or exploitation occurred. Unsubstantiated findings 
shall be labeled as such before transmission to the office of the 
district attorney. Findings of self-neglect shall not be forwarded 
to the office of the district attorney unless similar findings were 
reported within six (6) months prior. 
J. Any state or county medical examiner or physician who has 
reasonable cause to suspect that the death of any vulnerable adult 
may be the result of abuse or neglect as defined by Section 10-103 
of this title shall make a report to the district attorney or other 
law enforcement official of the county in which the death occurred. 
The report shall include the name of the person making the report, 
the name of the deceased person, the facts or other evidence 
supporting such suspicion, and any other health information that may 
be of assistance to the district attorney in conducting an 
investigation into the matter. 
K. No employer shall terminate the employment, prevent or 
impair the practice or occupation of or impose any other sanction on 
any employee solely for the reason that the employee made or caused 
to be made a report or cooperated with an investigation pursuant to 
the Protective Services for Vulnerable Adults Act. A court, in 
addition to other damages and remedies, may assess reasonable 
attorney fees against an employer who has been found to have 
violated the provisions of this subsection. 
Added by Laws 1977, c. 264, § 4, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 140, § 1, eff. Nov. 1, 1984; Laws 1984, c. 256, § 
4, eff. Nov. 1, 1984. Renumbered from § 804 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 
159, § 1, eff. July 1, 1993; Laws 1997, c. 195, § 7, eff. Nov. 1, 
1997; Laws 1998, c. 298, § 4, eff. Nov. 1, 1998; Laws 2000, c. 340, 
§ 24, eff. July 1, 2000; Laws 2003, c. 399, § 1, emerg. eff. June 5, 
2003; Laws 2007, c. 68, § 3, eff. Nov. 1, 2007; Laws 2010, c. 417, § 
3, eff. Nov. 1, 2010; Laws 2016, c. 318, § 1, eff. Nov. 1, 2016; 
Laws 2019, c. 475, § 31, eff. Nov. 1, 2019; Laws 2025, c. 215, § 5, 
emerg. eff. May 13, 2025. 
 
§43A-10-105. Investigation of report. 
A. Upon receiving a report of alleged abuse, neglect, or 
exploitation of a vulnerable adult pursuant to the provisions of the 
Protective Services for Vulnerable Adults Act, the appropriate state 
entity shall make a prompt and thorough investigation. When 
feasible, law enforcement and the appropriate state entity shall 
conduct joint investigations in order to reduce potential trauma to 
the victim and to eliminate duplicative efforts. 
B. The investigation shall include: 
 
Oklahoma Statutes - Title 43A. Mental Health Page 211 
1. Notification of local law enforcement agency. Upon the 
request of a law enforcement agency, the appropriate state entity 
shall submit copies of any results or records of an examination on 
the vulnerable adult who is alleged to have been abused, neglected, 
or exploited and any other clinical notes, x-rays, photographs, or 
previous or current records relevant to the case; 
2. Any findings of abuse, neglect, or exploitation of a 
vulnerable adult shall also be sent to any state agency with 
concurrent jurisdiction over persons or issues identified in the 
investigation including, but not limited to, where appropriate, the 
State Department of Health, the Oklahoma Board of Nursing, or any 
other appropriate state licensure or certification board, agency, or 
registry; 
3. Every reasonable effort to locate and notify the caretaker, 
legal guardian and next of kin of the vulnerable adult who may be in 
need of protective services pursuant to Section 10-105.1 of this 
title; 
4. Diagnostic evaluation to determine whether the person needs 
protective services; 
5. Any photographs necessary to document injuries or conditions 
which have resulted or may result in an injury or serious harm to 
the person; 
6. A statement of the least restrictive services needed; 
7. Whether services are available from the Department of Human 
Services or in the community and how the services can be provided; 
8. Whether the person would be capable of obtaining services 
for self and could bear the cost or would be eligible for services 
from the Department of Human Services; 
9. Whether a caretaker or legal guardian would be willing to 
provide services or would agree to their provision; 
10. Whether the person desires the services; 
11. A statement of any follow-up investigation or monitoring of 
the services that may be needed; and 
12. Other relevant information. 
C. 1. a. Investigations conducted pursuant to this section 
shall include a visit to the home or other place of 
residence of the person who is the subject of the 
report, a private interview with such person and any 
other potential victims, and consultation with persons 
who have knowledge of or may be witnesses to the 
circumstances. 
b. Investigators shall be suitably trained in interview 
techniques and shall utilize such techniques in 
interviews with elderly and incapacitated adults and 
individuals with intellectual disabilities. 
Interviews shall be conducted at the appropriate 
developmental age level of the victim. A reasonable 
 
Oklahoma Statutes - Title 43A. Mental Health Page 212 
effort shall be made to conduct interviews of 
vulnerable adult victims with an intellectual 
disability or diminished capacity utilizing 
appropriate personnel and following protocols and 
procedures established for interviews with such 
persons, including the use of forensic interview 
techniques when appropriate. 
c. If, in the course of an investigation of this nature, 
the appropriate state entity is denied entrance to the 
home or other place of residence of a person believed 
to be a vulnerable adult in need of protective 
services, or is denied a private interview with the 
vulnerable adult, the appropriate state entity may 
petition the court for an order allowing entry to the 
premises or private access to the vulnerable adult. 
The court shall make a finding of probable cause of 
the vulnerability of the adult before issuing the 
order. If documentation, or access to records, or 
other information relating to such person as provided 
by this section is denied, the appropriate state 
entity may petition the court for an order allowing 
entry or access. 
2. The petition shall state the name and address of the person 
who is the subject of the report and shall allege specific facts 
sufficient to show that the circumstances of the person are in need 
of investigation. 
3. If it is necessary to forcibly enter the premises, the 
representative of the appropriate state entity shall make the entry 
accompanied by a peace officer. 
4. The appropriate state entity shall make all reasonable 
attempts to interview the caretaker or other persons alleged to be 
involved in the abuse, neglect or exploitation in order to enhance 
service provision and to prevent additional incidents of abuse, 
neglect or exploitation. 
D. When a report is received pertaining to a vulnerable adult 
who has a legal guardian, a copy of the investigative report of the 
appropriate state entity shall be filed with the court to which the 
guardian is accountable. 
E. 1. In the case of a final investigative report pertaining 
to a vulnerable adult who is a resident of a nursing facility, 
residential care facility, assisted living facility or continuum of 
care facility and who is alleged to be a victim of abuse, verbal 
abuse, neglect, or exploitation by an employee of such facility, the 
appropriate state entity, if other than the Office of Client 
Advocacy, shall forward to the State Department of Health a copy of 
the final investigative report. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 213 
2. The appropriate state entity shall be deemed a party 
pursuant to the Administrative Procedures Act for the investigative 
reports filed by such entity with the State Department of Health 
regarding vulnerable adults who are residents of nursing facilities, 
residential care facilities, assisted living facilities or continuum 
of care facilities. 
a. Within thirty (30) days of receipt of the final 
investigative report submitted by the appropriate 
state entity pursuant to this section, the State 
Department of Health shall provide the appropriate 
state entity with a written summary of any action 
taken as a result of the complaint including, but not 
limited to, results of any inspections, enforcement 
actions or actions which may be taken by the State 
Department of Health. 
b. Whenever the appropriate state entity believes that 
the conditions giving rise to a complaint by such 
entity alleging a serious threat to the health, safety 
or welfare of a resident of a nursing facility, 
residential care facility, assisted living facility or 
continuum of care facility have not been adequately 
addressed, such entity may request the State 
Department of Health to hold a hearing on the 
complaint as provided by Section 309 of Title 75 of 
the Oklahoma Statutes. 
3. Nothing herein shall prevent the State Department of Health 
from conducting any type of investigation or taking any appropriate 
remedial or other action pursuant to the provisions of the Nursing 
Home Care Act, the Residential Care Act and the Continuum of Care 
and Assisted Living Act. 
F. When a report is received pertaining to a vulnerable adult 
residing in a facility other than the home of the vulnerable adult, 
where persons are employed to provide care and those employees have 
been named as persons responsible for the abuse, neglect or 
exploitation, the appropriate state entity shall forward its final 
findings, including, but not limited to, any administrative appeal 
findings to the owner or administrator of the facility to prevent 
further incidents. 
G. The Office of Client Advocacy shall establish a system for 
investigating allegations of misconduct by a person responsible for 
a vulnerable adult not rising to the level of abuse, neglect, or 
exploitation in cases where the Office is the appropriate state 
entity as defined in Section 10-103 of this title. 
Added by Laws 1977, c. 264, § 5, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 5, eff. Nov. 1, 1984; Laws 1986, c. 103, § 
98, eff. Nov. 1, 1986. Renumbered from § 805 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 214 
227, § 3; Laws 1993, c. 159, § 2, eff. July 1, 1993; Laws 1994, c. 
244, § 2, eff. Sept. 1, 1994; Laws 1997, c. 195, § 8, eff. Nov. 
1,1997; Laws 1999, c. 78, § 1, emerg. eff. April 13, 1999; Laws 
2000, c. 340, § 8, eff. July 1, 2000; Laws 2003, c. 399, § 2, emerg. 
eff. June 5, 2003; Laws 2004, c. 5, § 27, emerg. eff. March 1, 2004; 
Laws 2018, c. 308, § 1, eff. Nov. 1, 2018; Laws 2025, c. 215, § 6, 
emerg. eff. May 13, 2025. 
NOTE: Laws 2003, c. 332, § 4 repealed by Laws 2004, c. 5, § 28, 
emerg. eff. March 1, 2004. 
 
§43A-10-105.1. Notice of investigation – Consent of vulnerable 
adult - Summary and written description – Explanation of procedures. 
A. As soon as possible after initiating an investigation of a 
referral regarding a vulnerable adult, the appropriate state entity 
shall provide to the caretaker of the alleged victim, the legal 
guardian, and next of kin of the vulnerable adult notification 
including a brief oral summary and easily understood written 
description of the investigation process, whether or not the 
caretaker, guardian or next of kin is alleged to be the perpetrator 
of the abuse, neglect or exploitation of the vulnerable adult. 
B. If the vulnerable adult retains capacity to consent to 
voluntary services, and does not wish for a caretaker or next of kin 
to receive notification of the investigation, the appropriate state 
entity shall abide by wishes of the vulnerable adult. 
C. The notification specified by subsection A of this section 
shall include: 
1. A statement that the investigation is being undertaken by 
the appropriate state entity pursuant to the requirements of the 
Protective Services for Vulnerable Adults Act in response to a 
report of abuse, neglect or exploitation and shall include the name 
and office telephone number of the appropriate state entity’s 
representative with primary responsibility for the investigation; 
2. A statement that the identity of the person who reported the 
incident of abuse is confidential and may not even be known to the 
Department since the report could have been made anonymously; 
3. A statement that the investigation is required by law to be 
conducted in order to enable the appropriate state entity to 
identify incidents of abuse, neglect or exploitation in order to 
provide protective or preventive social services to vulnerable 
adults who are in need of such services; 
4. An explanation of the procedures of the appropriate state 
entity for conducting an investigation of alleged abuse, neglect or 
exploitation, including: 
a. a statement that the alleged victim of abuse, neglect 
or exploitation is the appropriate state entity’s 
primary client in such an investigation, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 215 
b. a statement that findings of all investigations are 
provided to the office of the district attorney, and 
c. a statement that law enforcement may conduct a 
separate investigation to determine whether a criminal 
violation occurred; 
5. An explanation of services which may be provided as a result 
of the appropriate state entity’s investigation, including: 
a. a statement that the caretaker, legal guardian and 
next of kin will be involved in the process of 
developing a plan of services for the vulnerable adult 
insofar as that involvement is consistent with the 
best interests of the vulnerable adult, 
b. a statement that voluntary services may be provided or 
arranged for based on the adult client’s needs, 
desires and acceptance, and 
c. a statement that involuntary services may be provided 
through the judicial system when immediate services 
are needed to preserve the life of the vulnerable 
adult and physical health or preserve the resources of 
the vulnerable adult which may later be needed to 
provide care for the vulnerable adult; 
6. A statement that, upon completion of the investigation, the 
identified caretaker, legal guardian and next of kin will receive a 
letter from the appropriate state entity which will inform such 
caretaker, legal guardian and next of kin: 
a. that the Department has found insufficient evidence of 
abuse, neglect or exploitation, 
b. that there appears to be probable cause to suspect the 
existence of abuse, neglect or exploitation in the 
judgment of the Department, and 
c. the recommendations of the appropriate state entity 
concerning the vulnerable adult; 
7. The procedures concerning the process the caretaker, legal 
guardian and next of kin may use to acquire access to the vulnerable 
adult in the event the vulnerable adult is removed from the 
residence of the vulnerable adult and the circumstances under which 
access may be obtained; 
8. The procedures to follow if there is a complaint regarding 
the actions of the appropriate state entity and the procedures to 
request a review of the findings made by the appropriate state 
entity during or at the conclusion of the investigation; 
9. Information specifying that if the caretaker, legal guardian 
and next of kin of the vulnerable adult have any questions as to 
their legal rights, that such persons have a right to seek legal 
counsel; 
10. References to the statutory and regulatory provisions 
governing abuse, neglect or exploitation and how the caretaker, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 216 
legal guardian and next of kin may obtain copies of those 
provisions; and 
11. An explanation that the caretaker, legal guardian and next 
of kin may review specific information gathered during the 
investigation and pertaining to the service needs of the vulnerable 
adult subject to the requirements and exceptions provided in Section 
10-110 of this title. 
Added by Laws 1999, c. 78, § 2, emerg. eff. April 13, 1999. Amended 
by Laws 2003, c. 332, § 5, emerg. eff. May 29, 2003; Laws 2025, c. 
215, § 7, emerg. eff. May 13, 2025. 
 
§43A-10-106. Voluntary protective services. 
A. If the Department of Human Services determines, as a result 
of its investigation or an investigation by the Office of Client 
Advocacy within the State Department of Health, that a vulnerable 
adult needs protective services, the Department of Human Services 
shall immediately provide or arrange for the provision of available 
protective services in the least restrictive manner, provided the 
person affirmatively consents to receive these services. 
B. 1. When a caretaker of a vulnerable adult who consents to 
the receipt of protective services refuses to allow the provision of 
such services to the person, the Department may petition to the 
court for a decree enjoining the caretaker from interfering with the 
provision of protective services to the person. 
2. The complaint must allege specific facts sufficient to show 
that the person is a vulnerable adult in need of protective 
services, consents to the receipt of protective services, and that 
the caretaker refuses to allow the provision of such services. 
3. If the court finds that the person is a vulnerable adult in 
need of protective services, consents to the receipt of protective 
services, and that the caretaker refuses to allow the provision of 
such services, the court may enter a decree: 
a. enjoining the caretaker from interfering with the 
provision of protective services to the vulnerable 
adult, and 
b. freezing the assets of the vulnerable adult if it has 
been determined by preponderance of the evidence that 
the vulnerable adult is being exploited and it is 
necessary to protect such assets. 
C. If a vulnerable adult does not consent to the receipt of 
protective services or withdraws consent to the receipt of such 
services, the services shall be terminated, unless the Department 
determines that the person lacks capacity to consent, in which case 
the Department may seek court authorization to provide services 
pursuant to Section 10-108 of this title. 
D. 1. Payment for the costs of providing protective services 
shall be made from either: 
 
Oklahoma Statutes - Title 43A. Mental Health Page 217 
a. the assets of the vulnerable adult consenting to the 
receipt of voluntary protective services, or 
b. any available private or public assistance programs 
for which the vulnerable adult is eligible. 
2. If no assets or other private or public funds are available 
to the person, payment shall be made from a fund established by the 
Department for the purpose of providing emergency adult protective 
services, subject to availability of funds. 
Added by Laws 1977, c. 264, § 6, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 6, eff. Nov. 1, 1984; Laws 1986, c. 103, § 
99, eff. Nov. 1, 1986. Renumbered from § 806 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 
159, § 3, eff. July 1, 1993; Laws 1997, c. 195, § 9, eff. Nov. 1, 
1997; Laws 2003, c. 332, § 6, emerg. eff. May 29, 2003; Laws 2025, 
c. 215, § 8, emerg. eff. May 13, 2025. 
 
§43A-10-107. Involuntary protective services. 
A. If a vulnerable adult lacks the capacity to consent to 
receive protective services recommended by the Department of Human 
Services, these services may be ordered by a court on an involuntary 
basis through an emergency order. 
B. 1. In ordering emergency involuntary protective services 
for a vulnerable adult, the court shall authorize only that 
intervention which it finds to be least restrictive of the liberty 
and rights of such person, while consistent with the welfare and 
safety of the person. The basis for such finding shall be stated in 
the record by the court. 
2. Whenever it is consistent with the welfare and safety of the 
person, the court shall authorize that involuntary protective 
services be administered to the vulnerable adult in the present 
living accommodations of that person. 
C. 1. Payment for involuntary protective services provided to 
a vulnerable adult determined by the court to be in need of 
involuntary protective services pursuant to this section or Section 
10-108 of this title shall be made: 
a. from assets of the vulnerable adult receiving 
emergency involuntary protective services, if the 
court so orders after a showing by the Department that 
the person has adequate assets to make such payment, 
and that payment for the involuntary protective 
services will not cause the person to go without other 
necessities of life. Prior to any hearing on the 
assets or issuance of an order pursuant to this 
subparagraph, the legal guardian, caretaker and 
guardian ad litem of the vulnerable adult, any person 
so requested by the vulnerable adult and persons 
required to be notified pursuant to Section 3-110 of 
 
Oklahoma Statutes - Title 43A. Mental Health Page 218 
Title 30 of the Oklahoma Statutes shall be notified of 
such hearing and order, 
b. from any private or public assistance programs for 
which the person is eligible, or 
c. as provided by paragraph 2 of subsection D of Section 
10-106 of this title if the person has inadequate 
assets to make such payments as ordered by the court, 
and no private or public funds are available to the 
person, from a fund established by the Department for 
the purpose of providing emergency adult protective 
services, subject to availability of funds. 
2. The person has a right to be present and represented by 
counsel at any hearing. If the vulnerable adult is indigent or, in 
the determination of the court, lacks capacity to waive the right to 
counsel, the court shall appoint counsel. If the person is 
indigent, the cost of representation by counsel shall be borne by 
this state. 
D. Upon the request of an authorized representative of the 
Department, the district attorney of the county in which the person 
alleged or found by a court to be in need of involuntary protective 
services resides shall provide legal representation for the 
Department in any local proceedings related to the provision of 
involuntary protective services pursuant to this section or Section 
10-108 of this title. 
Added by Laws 1977, c. 264, § 7, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 7, eff. Nov. 1, 1984; Laws 1986, c. 103, § 
100, eff. Nov. 1, 1986. Renumbered from § 807 of this title by Laws 
1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 
159, § 4, eff. July 1, 1993; Laws 1994, c. 244, § 3, eff. Sept. 1, 
1994; Laws 1997, c. 195, § 10, eff. Nov. 1, 1997; Laws 1999, c. 78, 
§ 3, emerg. eff. April 13, 1999; Laws 2003, c. 332, § 7, emerg. eff. 
May 29, 2003. 
 
§43A-10-108. Petition for involuntary protective services. 
A. 1. If the Department of Human Services determines, as a 
result of its investigation or an investigation by the Office of 
Client Advocacy within the State Department of Health, that a 
vulnerable adult is suffering from abuse, neglect, self-neglect, or 
financial neglect or exploitation presenting a substantial risk of 
death or immediate and serious physical harm to the person or 
financial exploitation of the estate of the person, and the 
vulnerable adult lacks mental capacity to consent to receive 
protective services and no consent can be obtained, the Department 
of Human Services may petition the district court in the county 
specified by paragraph 3 of this subsection for an order: 
 
Oklahoma Statutes - Title 43A. Mental Health Page 219 
a. authorizing involuntary protective services and 
appointing a temporary guardian of the person and/or 
the estate, 
b. freezing the assets of the vulnerable adult, if the 
vulnerable adult is being exploited, establishing any 
new accounts necessary to pay the daily living 
expenses of the vulnerable adult, and directing a full 
accounting and investigation of the person alleged to 
be improperly managing the estate of the vulnerable 
adult, 
c. suspending or revoking the powers of an attorney-in-
fact granted by a durable power of attorney, or 
revoking an irrevocable trust, or terminating a 
guardianship or conservatorship established pursuant 
to the Oklahoma Guardianship and Conservatorship Act, 
or 
d. directing any law enforcement agency to transport any 
incapacitated person or vulnerable adult as necessary 
for appropriate care, treatment and residential 
placement. If such transportation is ordered, 
reimbursement for expenses incurred from the 
transportation of a vulnerable adult under the 
Department’s temporary guardianship shall be paid as 
provided for in Section 10-107 of this title. 
2. Under no circumstances shall the court authorize the 
Department, pursuant to this subsection, to consent or deny consent 
to a Do-Not-Resuscitate order or the withdrawal of hydration or 
nutrition or other life-sustaining treatment although the court 
retains jurisdiction to hear such matters under applicable law. 
3. The district court which may be petitioned by the Department 
for an order pursuant to paragraph 1 of this subsection is: 
a. the district court in the county in which the 
vulnerable adult resides, 
b. the district court in the county in which the 
vulnerable adult is receiving inpatient services, or 
c. the district court in the county where the vulnerable 
adult is located when any delay caused by taking the 
petition to the district court in the county of the 
residence of the vulnerable adult would result in 
greater substantial risk of death or greater serious 
physical harm to the vulnerable adult. The petition 
shall include an explanation of why the petition was 
filed in the district court in the county specified by 
this subparagraph rather than in the district court as 
specified in subparagraph a or b of this paragraph. 
B. The petition shall be sworn to and include the name, age, 
and address of the vulnerable adult who the Department has 
 
Oklahoma Statutes - Title 43A. Mental Health Page 220 
determined is in need of emergency protective services, the nature 
of the abuse, neglect, or exploitation, the services needed, and 
information relating to the capacity of the person to consent to 
services and a description of the attempts of the Department to 
obtain consent and the name of the person or organization proposed 
to be appointed as temporary guardian. 
C. 1. The vulnerable adult shall receive an opportunity for a 
hearing upon the petition, and shall be personally served with a 
copy of the petition and a notice scheduling hearing at least forty-
eight (48) hours prior to any such hearing if the petition seeks 
temporary guardianship of thirty (30) days or more. 
2. a. The hearing shall be set by the court on an expedited 
basis, but no later than five (5) calendar days, not 
including weekends or holidays when the court is 
closed, from the date the notice scheduling hearing is 
signed by the judge. The vulnerable adult shall have 
a right to a closed hearing unless such vulnerable 
adult requests otherwise. 
b. Unless the vulnerable adult objects or the person 
requiring notification pursuant to this subparagraph 
is alleged to have abused, neglected or exploited the 
vulnerable adult, the following persons shall be 
notified of any hearing held pursuant to this 
subsection: 
(1) the legal guardian, guardian ad litem and 
caretaker of the vulnerable adult, 
(2) any person so requested by the vulnerable adult 
to be present at the hearing, and 
(3) persons required to be notified pursuant to 
Section 3-110 of Title 30 of the Oklahoma 
Statutes. 
D. 1. Upon sworn testimony of a representative of the 
Department, or statement of a district attorney representing the 
Department, that immediate and reasonably foreseeable death or 
serious physical harm to or financial exploitation of the vulnerable 
adult will result, the court may waive prior notice and issue a 
seventy-two-hour temporary guardianship and provide involuntary 
protective services whether or not during regular courthouse 
business hours. However, within twenty-four (24) hours of issuance 
of the seventy-two-hour order, the vulnerable adult and the attorney 
of the vulnerable adult, if known, shall be personally served with 
written notice scheduling a hearing within seventy-two (72) hours. 
2. If a hearing on the seventy-two-hour order is declined, or 
upon conclusion of any such hearing, the court may terminate the 
temporary guardianship and involuntary services or enter a temporary 
guardianship for up to thirty (30) additional calendar days as 
provided for in subsection G of this section. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 221 
E. 1. The vulnerable adult has a right to be present and 
represented by counsel at any hearing authorized by this section. 
If the vulnerable adult is indigent or, in the determination of the 
court, lacks capacity to waive the right to counsel, the court shall 
immediately appoint counsel who shall personally meet with the 
vulnerable adult and attempt to discuss the petition or any pending 
motion prior to any hearing. 
2. If the vulnerable adult is not in attendance at a scheduled 
hearing, the court shall make a special finding as to why the 
vulnerable adult is unable to attend, and, upon the request of the 
vulnerable adult or the attorney of the vulnerable adult, may 
continue the hearing to allow the vulnerable adult to attend. 
3. If the vulnerable adult is indigent, the cost of 
representation by counsel shall be borne by court funds. 
4. If the vulnerable adult is not indigent, the court may order 
costs of representation paid from the estate in the same manner as 
currently paid under the Oklahoma Guardianship and Conservatorship 
Act. 
F. 1. After a hearing on the petition, the court may: 
a. appoint a temporary guardian and order involuntary 
protective services including, but not limited to, 
authorization for medical and/or psychological 
treatment and evaluations, and residential placement 
subject to the provisions of subsection G of this 
section, 
b. issue an order freezing all assets of the vulnerable 
adult, establish any new accounts necessary to pay the 
daily living expenses of the vulnerable adult, and 
order a full accounting and investigation of the 
person alleged to be improperly managing the 
vulnerable adult’s estate, 
c. suspend or revoke powers of attorney or terminate a 
guardianship or conservatorship upon a finding that 
the attorney-in-fact, guardian or conservator failed 
to act appropriately on behalf of the vulnerable 
adult, or 
d. order any law enforcement agency to transport any 
incapacitated person or vulnerable adult as necessary 
for appropriate care, treatment and residential 
placement. If such transportation is ordered, 
reimbursement for expenses incurred from the 
transportation of a vulnerable adult under the 
Department’s temporary guardianship shall be paid as 
provided for in Section 10-107 of this title. 
2. a. Except as otherwise provided by subparagraphs b and c 
of this paragraph, the court appointing a temporary 
guardian and ordering involuntary protective services 
 
Oklahoma Statutes - Title 43A. Mental Health Page 222 
shall not have authority to order the sale of the real 
property of the vulnerable adult. 
b. If the Department of Human Services has been appointed 
temporary guardian and the court issues an order for 
the Department to continue as the temporary guardian 
of the vulnerable adult beyond the one hundred eighty 
(180) calendar days authorized by this section because 
there is no one willing and able to act as guardian 
for the vulnerable adult, the Department, as temporary 
guardian may, after one (1) year from its initial 
appointment, sell the real property of a vulnerable 
adult pursuant to the provisions of the Oklahoma 
Guardianship and Conservatorship Act. 
c. The Department, as temporary guardian of a vulnerable 
adult, may also sell the real property of the 
vulnerable adult pursuant to the provisions of the 
Oklahoma Guardianship and Conservatorship Act prior to 
the one-year requirement specified in subparagraph b 
of this paragraph, if not selling the real property 
would jeopardize the vulnerable adult’s eligibility 
for Medicaid. The fact that the vulnerable adult 
would be in jeopardy for receipt of Medicaid if the 
property was not sold shall be stated upon the court 
order directing the sale of the real property of the 
vulnerable adult. 
d. The court may issue an order authorizing the 
Department to sell personal property of a vulnerable 
adult when additional resources are required to pay 
for necessary care for the vulnerable adult pursuant 
to state law. 
G. Whenever the court issues an order for involuntary 
protective services, the court shall adhere to the following 
limitations: 
1. Only such protective services as are necessary to remove the 
conditions creating the emergency shall be ordered, and the court 
shall specifically designate the approved services in the order of 
the court. When the conditions creating the emergency have been 
removed, the court shall dismiss the temporary guardianship ordered 
pursuant to this section; 
2. The scope of service provided by the Department shall be 
limited to protective services or the establishment of eligibility 
for protective services for the person and estate. The Department 
shall request dismissal of the temporary guardianship ordered 
pursuant to this section when: 
a. an appropriate level of care for the vulnerable adult 
as determined by the Department has been established, 
b. assets have been secured, if applicable, and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 223 
c. a representative payee or trustee has been set for 
financial management, if applicable; 
3. Protective services authorized by an involuntary protective 
services order shall not include a change of residence unless the 
court specifically finds such action is necessary to remove the 
conditions creating the emergency and gives specific approval for 
such action in the order of the court. Emergency placement may be 
made to such facilities as nursing homes, hospital rehabilitation 
centers, assisted living centers, foster care and in-home 
placements, or to other appropriate facilities for emergency care or 
evaluation to determine the extent of a vulnerable adult’s physical, 
mental and functional limitations; provided, however, emergency 
placement shall not be made or construed as an alternative to 
emergency detention and protective custody as authorized under 
Section 5-206 et seq. of this title or made or construed as an 
alternative to involuntary commitment under Section 5-410 et seq. of 
this title when a vulnerable adult otherwise meets the criteria for 
involuntary commitment. Services to such vulnerable adults shall be 
provided in a manner that is appropriate for the adult’s age and 
condition and, except for facilities operated by the Department of 
Mental Health and Substance Abuse Services or community-based 
structured crisis centers under contract with the Department 
pursuant to Section 3-317 of this title, services provided to 
vulnerable adults pursuant to this section shall be provided in a 
setting that is segregated from any patients or residents of a 
facility who have been determined to be a danger to others; and 
4. Involuntary protective services may be provided for a period 
not to exceed thirty (30) calendar days except as provided by 
subsections L and M of this section. 
H. The court shall appoint the Department or an interested 
person or organization as temporary guardian of the person with 
responsibility for the welfare of such person and authority to give 
consent on behalf of the person for the approved involuntary 
protective services until the expiration of the order. 
I. The issuance of an order for involuntary protective services 
and the appointment of a temporary guardian shall not deprive the 
vulnerable adult of any rights except to the extent validly provided 
for in the order or appointment. 
J. 1. To enforce an order for involuntary protective services, 
the court may authorize: 
a. forcible entry of the premises of the vulnerable adult 
to be protected for the purpose of rendering 
protective services but only after a reasonable 
showing to the court that good faith attempts to gain 
voluntary access to the premises have failed and 
forcible entry is necessary, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 224 
b. the transporting of the vulnerable adult to another 
location for the provision of involuntary services, 
and 
c. the eviction of persons who are in a position to 
exploit the vulnerable adult from any property owned, 
leased, or rented by the vulnerable adult and 
restriction of those persons’ further access to any 
property of the vulnerable adult. 
2. If forcible entry is authorized by the court, the order 
shall include a directive that the Department’s representative be 
accompanied by a police officer or deputy sheriff in the county 
where the vulnerable adult or property of the vulnerable adult is 
located, and the police officer or deputy sheriff shall make the 
forcible entry. 
K. The vulnerable adult, the temporary guardian, or any 
interested person may petition the court to have the order to 
provide involuntary protective services set aside or modified at any 
time. 
L. If the vulnerable adult continues to need involuntary 
protective services after expiration of the thirty-day temporary 
guardianship provided in subsection G of this section, the temporary 
guardian shall immediately file a verified motion requesting the 
court to, except as otherwise provided by subsection F of this 
section, continue the temporary guardianship and involuntary 
protective services under this section for a period not to exceed 
one hundred eighty (180) calendar days. 
M. 1. Service of the verified motion shall be made in 
conformity with subsection C of this section. 
2. Upon filing such motion, the court shall order that a 
physical, mental, and social evaluation of the vulnerable adult be 
conducted by the Department and that a proposed plan of care be 
submitted to the court within thirty (30) calendar days thereafter 
reflecting the evaluation findings and recommended services. 
3. Upon filing such motion, the prior temporary guardianship 
shall remain in full force and effect pending a review hearing after 
the thirty-day evaluation period. The caretaker, guardian or next-
of-kin of the vulnerable adult may request that the evaluation 
period be shortened for good cause. 
4. The evaluation shall include at least the following 
information: 
a. the address of the place where the person is residing 
and the person or agency which is providing care, 
treatment, or services at present, 
b. a summary of the professional treatment and services 
provided to the person by the Department or agency, if 
any, in connection with the problem creating the need 
for emergency protective services, and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 225 
c. a medical and social evaluation including, but not 
limited to, the Department’s assessment of the 
person’s capacity to consent to services, a 
psychological or psychiatric evaluation and review if 
the mental state of the person is in question, and any 
recommendations for or against maintenance of partial 
legal rights. The evaluation and review shall include 
recommendations for placement based upon the best 
interests of the vulnerable adult taking into 
consideration the following: 
(1) the least restrictive environment, 
(2) the desires of the vulnerable adult and legal 
guardian, 
(3) the desires of the caretaker of the vulnerable 
adult and of any of the persons specified in 
Section 3-110 of Title 30 of the Oklahoma 
Statutes, 
(4) the physical and mental health needs of the 
vulnerable adult, 
(5) the available programs and services, and 
(6) the health, well-being and welfare of the 
vulnerable adult and the public. 
During the hearing to consider the motion to continue the 
temporary guardianship of the vulnerable adult for up to one hundred 
eighty (180) calendar days, the court shall consider the 
Department’s findings and proposed plan of care and any other 
evidence presented by the caretaker, guardian or other interested 
persons. The court shall either terminate the temporary 
guardianship and all involuntary services or continue the temporary 
guardianship and specify any necessary services to be provided by 
the Department for a period not to exceed one hundred eighty (180) 
calendar days. Provided, the court may continue the guardianship of 
the Department, if there is no one willing and able to act as 
guardian for the vulnerable adult. 
N. Neither the Department nor any of its employees or any other 
petitioner shall be liable for filing a petition pursuant to the 
Protective Services for Vulnerable Adults Act if the petition was 
filed in good faith. 
Added by Laws 1977, c. 264, § 8, emerg. eff. June 17, 1977. Amended 
by Laws 1984, c. 256, § 8, eff. Nov. 1, 1984. Renumbered from § 808 
of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. 
Amended by Laws 1987, c. 120, § 1, eff. Nov. 1, 1987; Laws 1993, c. 
159, § 5, eff. July 1, 1993; Laws 1994, c. 244, § 4, eff. Sept. 1, 
1994; Laws 1997, c. 195, § 11, eff. Nov. 1, 1997; Laws 1998, c. 298, 
§ 5, eff. Nov. 1, 1998; Laws 1999, c. 78, § 4, emerg. eff. April 13, 
1999; Laws 2001, c. 310, § 1, emerg. eff. June 1, 2001; Laws 2003, 
c. 332, § 8, emerg. eff. May 29, 2003; Laws 2007, c. 68, § 4, eff. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 226 
Nov. 1, 2007; Laws 2011, c. 370, § 1, eff. Nov. 1, 2011; Laws 2021, 
c. 85, § 1, eff. Nov. 1, 2021; Laws 2025, c. 215, § 9, emerg. eff. 
May 13, 2025. 
 
§43A-10-109. Utilization of available services. 
A. In providing any of the duties set forth in this act, the 
Department of Human Services may provide direct protective services. 
B. The Department may contract with any public or private 
agency for the provision of protective services. 
C. The Department shall utilize to the extent appropriate and 
available existing resources and services of public and nonprofit 
private agencies in providing protective services. The Department 
shall make maximum use of volunteers and church groups whenever 
feasible. 
Added by Laws 1977, c. 264, § 9, emerg. eff. June 17, 1977. 
Renumbered from § 809 of this title by Laws 1986, c. 103, § 103, 
eff. Nov. 1, 1986. Amended by Laws 1997, c. 195, § 12, eff. Nov. 1, 
1997. 
 
§43A-10-109a. Uniform policies for Department employees providing 
services for vulnerable adults. 
A. The Commission for Human Services shall establish uniform 
policies detailing the responsibilities and duties of employees of 
the Department of Human Services when providing or arranging 
services for vulnerable adults whether the services are to be paid 
for by the vulnerable adult or from other private or public funds. 
B. The policies shall include, but not be limited to: 
1. The handling of the personal resources, such as bank 
accounts, cash, checks, notes, mortgages, trust deeds, sales 
contracts, stocks, bonds, certificates or other liquid assets of a 
vulnerable adult without prior approval of the supervisor; 
2. Specific procedures for obtaining and handling repairs, 
personal services and other necessary actions to provide health 
care, food, shelter to or on behalf of a vulnerable adult; 
3. Prohibiting an employee from any type of solicitation or 
charging, requesting or accepting any fee, gift, reward, or payment 
of any kind from individuals or staff for any services rendered as a 
volunteer, intern, or employee relating to vulnerable adults; 
4. Prohibiting an employee from using contact with clients or 
any member or the client's support system for personal gain or 
personal relationships; 
5. Prohibiting an employee, upon termination of any assignment, 
from making personal contact with former clients or any member of 
the client's support system and from using former contact with 
clients for personal gain; 
6. Prohibiting an employee from buying items from clients; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 227 
7. Ensuring that no employee whose responsibilities relate in 
any manner to services provided to or on behalf of a vulnerable 
adult is subject to a conflict of interest which would impair the 
ability of the employee to carry out his or her employment duties in 
an impartial manner; 
8. Sufficient oversight by administrative heads of local 
offices of the Department as to the provision for and arrangement of 
services to vulnerable adults; and 
9. Such other requirements as deemed necessary by the 
Commission. 
Added by Laws 2001, c. 310, § 2, emerg. eff. June 1, 2001. 
 
§43A-10-110. Confidentiality of records and reports. 
A. The reports, records, and working papers used or developed 
in an investigation of the circumstances of a vulnerable adult 
pursuant to the provisions of the Protective Services for Vulnerable 
Adults Act are confidential and may be disclosed only pursuant to 
rules promulgated by the Director of Human Services or the State 
Commissioner of Health, by order of the court, or as otherwise 
provided by this section or Section 10-110.1 of this title. 
B. Agency records of the Department of Human Services or the 
Office of Client Advocacy within the State Department of Health 
pertaining to a vulnerable adult may be inspected and their contents 
disclosed without a court order to the following persons upon 
showing of proper credentials and pursuant to their lawful duties: 
1. A district attorney and the employees of an office of a 
district attorney in the course of their official duties pursuant to 
this title or the prosecution of crimes against vulnerable adults; 
2. The attorney representing a vulnerable adult who is the 
subject of a proceeding pursuant to the provisions of the Protective 
Services for Vulnerable Adults Act; 
3. Employees of a law enforcement agency of this or another 
state and employees of protective services for vulnerable adults of 
another state; 
4. A physician who has before him or her a vulnerable adult 
whom the physician reasonably suspects may have been abused or 
neglected or any health care or mental health professional involved 
in the evaluation or treatment of the vulnerable adult; 
5. A caretaker, legal guardian, custodian or other family 
members of the vulnerable adult; provided, the appropriate state 
entity may limit such disclosures to summaries or to information 
directly necessary for the purpose of such disclosure; 
6. Any public or private agency or person authorized by the 
Department to diagnose, provide care and treatment to a vulnerable 
adult who is the subject of a report or record of vulnerable adult 
abuse or neglect; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 228 
7. Any public or private agency or person authorized by the 
Department to supervise or provide other services to a vulnerable 
adult who is the subject of a report or record of vulnerable adult 
abuse or neglect; provided, the Department may limit such disclosure 
to summaries or to information directly necessary for the purpose of 
such disclosure; and 
8. Any person or agency for research purposes, if all of the 
following conditions are met: 
a. the person or agency conducting such research is 
employed by the State of Oklahoma or is under contract 
with this state and is authorized by the Director of 
Human Services and the State Commissioner of Health to 
conduct such research, and 
b. the person or agency conducting the research ensures 
that all documents containing identifying information 
are maintained in secure locations and access to such 
documents by unauthorized persons is prohibited; that 
no identifying information is included in documents 
generated from the research conducted; and that all 
identifying information is deleted from documents used 
in the research when the research is completed. 
C. Nothing in this section shall be construed as prohibiting 
the appropriate state entity from disclosing such confidential 
information as may be necessary to secure appropriate care, 
treatment or protection of a vulnerable adult alleged to be abused 
or neglected. 
D. Records and their contents disclosed pursuant to this 
section shall remain confidential. The use of such information 
shall be limited to the purposes for which disclosure is authorized. 
It shall be unlawful and a misdemeanor for any person to furnish any 
record or disclose any information contained therein for any 
unauthorized purpose. 
E. Records of investigations conducted pursuant to the 
Protective Services for Vulnerable Adults Act shall not be expunged 
except by court order. 
1. If the Department is currently or was previously appointed 
as temporary guardian of the alleged victim of abuse, neglect, 
financial exploitation, or financial neglect, any petition or motion 
requesting expungement of the investigative records of the 
Department shall be filed under the same case number. 
2. Written notice of the hearing and a copy of any such 
petition or motion shall be properly and timely served upon: 
a. the alleged victim of abuse, neglect, financial 
exploitation, or financial neglect, 
b. the Department’s Office of General Counsel and any 
other counsel of record in a proceeding in which the 
Department was appointed as temporary guardian, and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 229 
c. all other persons due notice in a guardianship 
proceeding involving the victim pursuant to Section 3-
110 of Title 30 of the Oklahoma Statutes. 
Added by Laws 1977, c. 264, § 10, emerg. eff. June 17, 1977. 
Amended by Laws 1984, c. 256, § 9, eff. Nov. 1, 1984. Renumbered 
from § 810 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 
1986. Amended by Laws 1997, c. 195, § 13, eff. Nov. 1, 1997; Laws 
1998, c. 298, § 6, eff. Nov. 1, 1998; Laws 1999, c. 78, § 5, emerg. 
eff. April 13, 1999; Laws 2010, c. 474, § 1, eff. July 1, 2010; Laws 
2011, c. 1, § 15, emerg. eff. March 18, 2011; Laws 2025, c. 215, § 
10, emerg. eff. May 13, 2025. 
NOTE: Laws 2010, c. 110, § 1 repealed by Laws 2011, c. 1, § 16, 
emerg. eff. March 18, 2011. 
 
§43A-10-110.1. Public disclosure. 
A. For purposes of this section: 
1. “Near death” means the vulnerable adult is in serious or 
critical condition, as certified by a physician, as a result of 
abuse or neglect; and 
2. "Vulnerable adult" shall be defined as provided in Section 
10-103 of Title 43A of the Oklahoma Statutes. 
B. When a person responsible for the care of a vulnerable adult 
has been charged by information or indictment with committing a 
crime resulting in the death or near death of the vulnerable adult, 
there shall be a presumption that the best interest of the public is 
served by public disclosure of certain information concerning: 
1. The circumstances of the investigation of the death or near 
death of the vulnerable adult; and 
2. Any other investigations concerning that vulnerable adult, 
or other vulnerable adults living in the same facility, or involving 
an individual provider of services to vulnerable adults, within: 
a. three (3) years of the death or near death, and 
b. one (1) year after the death or near death. 
C. 1. At any time subsequent to seven (7) days of the date the 
person providing care to the vulnerable adult has been criminally 
charged, the Department of Human Services Adult Protective Services 
Division, the district attorney, the district court clerk, and the 
judge having jurisdiction over the case, upon request, shall release 
certain information to the public as follows: 
a. a confirmation shall be provided by the Department as 
to whether a report has been made concerning the 
alleged victim or other vulnerable adults while living 
in the same household or facility and whether an 
investigation has begun, 
b. confirmation shall be provided by the Department as to 
whether previous reports have been made and the dates 
thereof, a summary of those previous reports, the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 230 
dates and outcome of any investigations or actions 
taken by the Department in response to a previous 
report of abuse or neglect of vulnerable adults, and 
the specific recommendation made to the district 
attorney and any subsequent action taken by the 
district attorney, 
c. the dates of any judicial proceedings prior to the 
death or near death of the vulnerable adult, 
d. recommendations submitted by each participant in 
writing at the judicial proceedings including 
recommendation made at the hearing as they relate to 
appropriate placement of a vulnerable adult, and 
e. the rulings of the court. 
2. Specific recommendations made and services rendered by the 
Department of Human Services Adult Protective Services Division 
described in any progress reports of a pending case submitted to the 
court may be disclosed by the Department. 
D. Any disclosure of information pursuant to this section shall 
not identify or provide an identifying description of any 
complainant or reporter of vulnerable adult abuse or neglect, and 
shall not identify the name of other vulnerable adults in the 
household or facility, the person responsible for the care of the 
vulnerable adult, or any other member of the facility or household, 
other than the person criminally charged. 
Added by Laws 2010, c. 110, § 2, eff. Nov. 1, 2010. 
 
§43A-10-111. District court orders - Visitation. 
A. 1. The district courts are vested with jurisdiction to 
issue orders and enforce orders restricting visitation, by the 
custodian or by any other person specified by the court, of a 
vulnerable adult who is receiving or has been determined to need 
protective services pursuant to the Protective Services for 
Vulnerable Adults Act. 
2. Whenever it is consistent with the welfare and safety of a 
vulnerable adult, the court shall restrict the visitation of a 
custodian or other person specified by the court who is alleged or 
has been determined to have abused, neglected or exploited the 
vulnerable adult. 
3. Notice as ordered by the court shall be given to the 
custodian or other person alleged or determined to have abused, 
neglected or exploited a vulnerable adult. 
B. If the Department of Human Services determines, as a result 
of its investigation or an investigation by the Office of Client 
Advocacy within the State Department of Health, that a vulnerable 
adult needs voluntary or involuntary protective services as a result 
of abuse, neglect or exploitation by the caretaker or by any other 
person, the Department of Human Services may petition the district 
 
Oklahoma Statutes - Title 43A. Mental Health Page 231 
court to restrict the visitation of such custodian or other person 
with the vulnerable adult. 
C. 1. Consistent with the welfare and safety of the vulnerable 
adult, the court may require supervised visitation, prohibit 
visitation or otherwise limit the visitation by the custodian or 
such other person with the vulnerable adult. 
2. The basis for restricting visitation shall be stated in the 
record by the court. 
D. The owner, operator or any facility personnel of a nursing 
home, residential home, assisted living facility or other long-term 
care facility having reason to believe that visitation of a 
vulnerable adult should be restricted may notify the Office of the 
State Long-Term Care Ombudsman within the Office of the Attorney 
General or the appropriate state entity. Any other person having 
reason to believe that visitation of a vulnerable adult should be 
restricted may notify the appropriate state entity pursuant to the 
Protective Services for Vulnerable Adults Act. 
Added by Laws 1998, c. 328, § 1, eff. Nov. 1, 1998. Amended by Laws 
2025, c. 215, § 11, emerg. eff. May 13, 2025. 
 
§43A-10-111.1. Vulnerable Adult Abuse, Neglect, and Exploitation 
Registry. 
A. On or before January 1, 2024, the Office of the Attorney 
General shall establish and maintain the Vulnerable Adult Abuse, 
Neglect and Exploitation Registry, accessible to the public in an 
electronic format and updated quarterly, to address: 
1. A procedure for recording individuals on the registry who 
have been found guilty by a court of law or entered a plea of guilty 
or nolo contendere to a charge of abuse, neglect, or exploitation of 
a vulnerable adult; and 
2. Disclosure requirements for information that is accessible 
on the registry. 
B. The Vulnerable Adult Abuse, Neglect and Exploitation 
Registry shall include, but not be limited to: 
1. The full name of the individual; 
2. Information necessary to identify the individual; 
3. The disposition and other identifying case information 
regarding convictions or confessions of abuse, neglect, or 
exploitation in a court of law; and 
4. The date the individual was convicted or pled guilty or nolo 
contendere. 
Added by Laws 2018, c. 221, § 1, eff. Nov. 1, 2018. Amended by Laws 
2023, c. 239, § 1, eff. Nov. 1, 2023. 
 
§43A-10-112. Vulnerable Adult Intervention Task Force - Members - 
Terms - Duties. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 232 
A. The Department of Human Services, together with the 
Department of Mental Health and Substance Abuse Services, shall 
develop and implement a Vulnerable Adult Intervention Task Force. 
The purpose of the task force shall be to study and examine how to 
best provide interdisciplinary community assistance, intervention, 
and referral services for persons with mental or physical illnesses 
or disabilities, dementia or other related disease or condition. 
B. The task force shall consist of at least eleven (11) members 
as follows: 
1. One member who shall be a member of the Oklahoma House of 
Representatives, to be appointed by the Speaker of the Oklahoma 
House of Representatives, and one member who shall be a member of 
the Oklahoma Senate, to be appointed by the President Pro Tempore of 
the Oklahoma Senate; 
2. Commissioner of the Department of Mental Health and 
Substance Abuse Services, or designee; 
3. Commissioner of the State Department of Health, or designee; 
4. Director of the State Department of Rehabilitation Services, 
or designee; 
5. One member who shall be a representative from law 
enforcement, to be appointed by the Senate President Pro Tempore; 
6. One member who shall be a current or former municipal 
employee who worked as a code enforcement officer, to be appointed 
by the Speaker of the House of Representatives; 
7. One member who shall be a public defender, or designee, to 
be appointed by the Governor; 
8. One member who shall be a citizen of this state and a 
current or former member of an advocacy organization that represents 
vulnerable adults or persons with mental illness, to be appointed by 
the House Minority Leader; 
9. One member who shall be a physician licensed to practice in 
this state, to be appointed by the Senate Minority Leader; and 
10. The Director of the Department of Human Services, or 
designee. 
Members of the task force shall serve for a thirty–month term. 
C. Appointments to the task force shall be made by July 1, 
2010. The first meeting shall be convened on or before August 1, 
2010. A majority of the members present at a meeting shall 
constitute a quorum to do business. Members of the task force shall 
receive no compensation for their service, but shall receive travel 
reimbursement by the appointing authority pursuant to the State 
Travel Reimbursement Act. 
D. The task force is authorized to meet as necessary in order 
to perform the duties imposed on it. 
E. The task force shall recommend a curriculum, which at a 
minimum should include training for individuals on the symptoms, 
causes and evidence-based services and interventions for illnesses 
 
Oklahoma Statutes - Title 43A. Mental Health Page 233 
and conditions contained herein. The training should also address 
possible crisis situations arising from these illnesses and 
conditions and steps to support an individual in a crisis situation. 
F. On or before December 31, 2010, and annually thereafter, the 
task force shall submit a report to the Legislature stating the 
recommendations and findings of the task force including but not 
limited to suggested legislative action, funding sources, state 
agency action, and numbers of potential participants in recommended 
programs, either as a team member who promotes services or a 
recipient of services, and any recommendations for improvement of 
the program. 
G. The task force shall be subject to the provisions of the 
Open Records Act and the Open Meeting Act. Staff assistance for the 
task force shall be provided by the staff of the Oklahoma House of 
Representatives and the Oklahoma State Senate. 
Added by Laws 2010, c. 474, § 2, eff. July 1, 2010. 
 
§43A-10-113. Sexual contact form for caretakers. 
The Department of Human Services shall develop and disseminate a 
form to all providers of residential or vocational and employment 
services for incapacitated persons or vulnerable adults which shall 
be signed and witnessed by each caretaker working with incapacitated 
persons or vulnerable adults notifying the caretaker that the 
caretaker may be prosecuted criminally for having sexual contact 
with a person in their care. 
Added by Laws 2018, c. 10, § 3, eff. Nov. 1, 2018. 
 
§43A-10-114. Training for Adult Protective Services specialists – 
Individuals with cognitive impairment. 
The Department of Human Services shall require all Adult 
Protective Services (APS) specialists to receive training regarding 
the recognition of individuals with cognitive impairment, effective 
intervention in cases involving the abuse and exploitation of 
individuals who are cognitively impaired and securing the safety of 
abused and exploited individuals with dementia. 
Added by Laws 2019, c. 183, § 1, eff. Nov. 1, 2019. 
 
§43A-10-115. Multidisciplinary elderly and vulnerable adult abuse 
team to investigate and prosecute crimes. 
A. In coordination with the District Attorneys Council, each 
district attorney may develop a multidisciplinary team for the 
investigation and prosecution of crimes committed against the 
elderly or vulnerable adults in each county of the district attorney 
or in a contiguous group of counties. The lead agency for the team 
shall be chosen by the members of the team. The team shall 
intervene in reports involving sexual abuse, abuse, neglect, or 
 
Oklahoma Statutes - Title 43A. Mental Health Page 234 
exploitation of an elderly person or vulnerable adult as defined in 
Section 10-103 of this title. 
B. The multidisciplinary elderly and vulnerable adult abuse 
team members shall include, but not be limited to: 
1. Mental health professionals licensed pursuant to the laws of 
this state or licensed professional counselors; 
2. Police officers or other law enforcement agents whose duties 
include, or who have experience or training in, elderly and 
vulnerable adult abuse and neglect investigation; 
3. Medical personnel with experience in elderly and vulnerable 
adult abuse and neglect identification; 
4. Adult Protective Services and long-term care workers within 
the Department of Human Services; 
5. Office of Client Advocacy workers within the State 
Department of Health; 
6. Multidisciplinary elderly and vulnerable adult abuse team 
coordinators; and 
7. The district attorney or assistant district attorney. 
C. 1. Subject to the availability of funds and resources, the 
functions of the team shall include, but not be limited to: 
a. whenever feasible, joint investigations by law 
enforcement and Adult Protective Services, Office of 
Client Advocacy, or long-term care staff to 
effectively respond to reports of abuse against 
elderly or vulnerable adult victims, 
b. the development of a written protocol for 
investigation of sexual abuse, abuse, neglect, or 
exploitation cases of elderly or vulnerable adults and 
for the interview of victims to ensure coordination 
and cooperation between all agencies involved. Such 
protocol shall include confidentiality statements and 
interagency agreements signed by member agencies that 
specify the cooperative effort of the member agencies 
to the team, 
c. communication and collaboration among the 
professionals responsible for the reporting, 
investigation, prosecution, and treatment of elderly 
and vulnerable adult abuse and neglect cases, 
d. elimination of duplicative efforts in the 
investigation and the prosecution of abuse and neglect 
cases committed against elderly or vulnerable adult 
victims, 
e. identification of gaps in service or untapped 
resources within the community to improve the delivery 
of services to the victim and family, 
f. development of expertise through training. Each team 
member and those conducting investigations and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 235 
interviews of elderly or vulnerable adult abuse 
victims shall be trained in the multidisciplinary team 
approach, conduction of legally sound developmentally 
and age-appropriate interviews, effective 
investigation techniques and joint investigations as 
provided through the State Department of Health, the 
District Attorneys Council, the Department of Human 
Services, or other resources. At least one team 
member or those conducting investigations and 
interviews of elder or vulnerable adult abuse victims 
shall complete dementia-specific training on 
Alzheimer's disease and related dementia that includes 
one or more of the following: 
(1) communication skills, 
(2) problem-solving with challenging behaviors, or 
(3) explanation of Alzheimer's disease and other 
dementia, 
g. formalization of a case review process and provision 
of data as requested, and 
h. standardization of investigative procedures for the 
handling of elderly and vulnerable adult abuse and 
neglect cases. 
2. Any investigation or interview related to sexual abuse, 
abuse, or neglect of elderly or vulnerable adults shall be conducted 
by appropriate personnel using the protocols and procedures 
specified in this section. 
3. If trained personnel are not available in a timely manner 
and if a law enforcement officer or the Department of Human Services 
determines that there is reasonable cause to believe a delay in 
investigation or interview of a victim could place the victim's 
health or welfare in danger of harm or threatened harm, the 
investigation may proceed without full participation of all 
personnel, but only for as long as the danger to the victim exists. 
The Department of Human Services shall make a reasonable effort to 
find and provide a trained investigator or interviewer. 
D. A multidisciplinary elderly or vulnerable adult abuse team 
shall have full access to any service or treatment plan and any 
personal data known to the Department of Human Services that is 
directly related to the implementation of the requirements of this 
section. 
E. Each member of the team shall protect the confidentiality of 
the elderly or vulnerable adult and any information made available 
to the team member. The multidisciplinary team and any information 
received by the team shall be exempt from the Oklahoma Open Meeting 
Act and the Oklahoma Open Records Act. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 236 
Added by Laws 2022, c. 123, § 2, eff. Nov. 1, 2022. Amended by Laws 
2024, c. 93, § 1, eff. Nov. 1, 2024; Laws 2024, c. 339, § 6, eff. 
Nov. 1, 2024. 
 
§43A-11. Renumbered as § 2-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-11.1. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-11-101. Short title. 
This act shall be known and may be cited as the "Advance 
Directives for Mental Health Treatment Act". 
Added by Laws 1995, c. 251, § 1, eff. Nov. 1, 1995. 
 
§43A-11-102. Legislative findings. 
A. The Legislature finds that all competent persons have the 
fundamental right to control decisions relating to their own mental 
health treatment, including the decision to accept mental health 
treatment. 
B. A capable adult may make an advance directive of mental 
health treatment preferences or instruction which may include, but 
is not limited to, consent to mental health treatment. 
Added by Laws 1995, c. 251, § 2, eff. Nov. 1, 1995. 
 
§43A-11-103. Definitions. 
Whenever used in the Advance Directives for Mental Health 
Treatment Act: 
1. "Advance directive for mental health treatment" means a 
written document voluntarily executed by a declarant in accordance 
with the requirements of this act and includes: 
a. a declaration, or 
b. the appointment of an attorney-in-fact; 
2. "Attending physician or psychologist" means the physician or 
psychologist who has primary responsibility for the mental health 
treatment of the declarant; 
3. "Attorney-in-fact" means an individual eighteen (18) years 
old or older appointed by a declarant to make mental health 
treatment decisions on behalf of the declarant as provided by this 
act; 
4. "Capable" means the person is able to receive and evaluate 
information effectively and communicate decisions regarding his or 
her mental health treatment; 
5. "Declaration" means a written document voluntarily executed 
by a declarant stating the mental health treatment wishes of a 
declarant in the event the declarant is determined to be incapable 
and mental health treatment is necessary; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 237 
6. "Declarant" means a capable person eighteen (18) years of 
age or older who has executed an advance directive for mental health 
treatment in accordance with the provisions of this act; 
7. "Health care facility" includes any program, institution, 
place, building or agency, or portion thereof, private or public, 
whether organized for profit or not, used, operated, or designed to 
provide medical diagnosis, treatment, rehabilitative or preventive 
care to any person. The term "health care facility" includes, but 
is not limited to, health care facilities that are commonly referred 
to as hospitals, outpatient clinics, organized ambulatory health 
care facilities, emergency care facilities and centers, health 
maintenance organizations, and others providing similarly organized 
services regardless of nomenclature; 
8. "Mental health treatment" means convulsive treatment, 
treatment with psychoactive medication, and admission to and 
retention in a facility for a period up to twenty-eight (28) days; 
9. "Physician" means an individual currently licensed to 
practice medicine in this state; 
10. "Psychologist" means an individual currently licensed to 
practice in this state as a clinical psychologist; and 
11. "Incapable" means that, in the opinion of two persons, who 
shall be physicians or psychologists, a person's ability to receive 
and evaluate information effectively or communicate decisions is 
impaired as the result of a mental illness to such an extent that 
the person currently lacks the capacity to make mental health 
treatment decisions. 
Added by Laws 1995, c. 251, § 3, eff. Nov. 1, 1995. 
 
§43A-11-104. Execution - Rights not affected - Presumptions. 
A. Any capable person eighteen (18) years of age or older may 
execute an advance directive for mental health treatment stating the 
mental health treatment wishes of the person in the event the person 
is determined to be incapable and mental health treatment is 
determined to be necessary as provided by Section 10 of this act. 
An advance directive for mental health treatment may include but is 
not limited to consent to inpatient mental health treatment. 
B. An advance directive for mental health treatment may be 
executed by: 
1. Executing a declaration; or 
2. Appointing an attorney-in-fact; or 
3. Both executing a declaration and appointing an attorney-in-
fact. If executed, the appointment of an attorney-in-fact shall be 
attached to the declaration. 
C. The Advance Directives for Mental Health Treatment Act: 
1. Shall not affect the right of an individual to make 
decisions about mental health treatment, so long as the individual 
is capable; and 
 
Oklahoma Statutes - Title 43A. Mental Health Page 238 
2. Creates no presumption concerning the intention of an 
individual who has revoked or has not executed an advance directive 
for mental health treatment. 
D. For the purpose of the Advance Directives for Mental Health 
Treatment Act: 
1. If a person is incapable at the time of a determination that 
mental health treatment is necessary, an advance directive for 
mental health treatment executed in accordance with the Advance 
Directives for Mental Health Treatment Act is presumed to be valid; 
and 
2. A physician, psychologist or health care facility may 
presume, in the absence of actual notice to the contrary, that a 
person who executed an advance directive for mental health treatment 
was of sound mind when the advance directive for mental health 
treatment was executed. 
E. A person shall not be required to execute or to refrain from 
executing an advance directive for mental health treatment as a 
criterion for insurance, as a condition for receiving mental or 
physical health services, or as a condition of discharge from a 
health care facility. 
F. The fact that a person has executed an advance directive for 
mental health treatment shall not constitute an indication of mental 
incompetence. 
Added by Laws 1995, c. 251, § 4, eff. Nov. 1, 1995. 
 
§43A-11-105. Validity - Witnesses - Eligibility as attorney-in-
fact. 
A. An advance directive for mental health treatment is valid 
only if it is signed by the declarant and two capable witnesses 
eighteen (18) years of age or older. The witnesses shall attest 
that the declarant: 
1. Is known to them; 
2. Signed the advance directive for mental health treatment in 
their presence; 
3. Appears to be capable; and 
4. Is not acting under duress, fraud or undue influence. 
B. None of the following persons shall be eligible to serve as 
attorney-in-fact to the signing of an advance directive for mental 
health treatment: 
1. The attending physician or psychologist or an employee of 
the physician or psychologist; or 
2. An owner, operator or employee of a health care facility in 
which the declarant is a consumer or resident. 
Added by Laws 1995, c. 251, § 5, eff. Nov. 1, 1995. Amended by Laws 
2005, c. 150, § 72, emerg. eff. May 9, 2005. 

Oklahoma Statutes - Title 43A. Mental Health Page 239 
§43A-11-106. Form of advance directive - Designation and authority 
of attorney-in-fact. 
A. A declaration stating the mental health treatment wishes of 
the declarant executed in accordance with the provisions of this act 
shall be substantially in the form provided by subsection E of this 
section. 
B. A declarant may designate a capable person eighteen (18) 
years of age or older to act as attorney-in-fact to make mental 
health treatment decisions. An alternative attorney-in-fact may 
also be designated to act as attorney-in-fact if the original 
attorney-in-fact is unable or unwilling to act at any time. An 
appointment of an attorney-in-fact shall be substantially in the 
form provided by subsection E of this section. 
C. An attorney-in-fact who has accepted the appointment in 
writing shall have authority to make decisions, in consultation with 
the attending physician or psychologist, about mental health 
treatment on behalf of the declarant only when the declarant is 
certified as incapable and to require mental health treatment as 
provided by Section 10 of this act. 
1. These decisions shall be consistent with any wishes or 
instructions the declarant has expressed in the declaration. If the 
wishes or instructions of the declarant are not expressed, the 
attorney-in-fact shall act in what the attorney-in-fact believes to 
be in the best interest of the declarant. 
2. The attorney-in-fact may consent to inpatient mental health 
treatment on behalf of the declarant if so authorized in the advance 
directive for mental health treatment. 
D. An attorney-in-fact may withdraw by giving notice to the 
declarant. If a declarant is incapable, the attorney-in-fact may 
withdraw by giving notice to the named alternative attorney-in-fact 
if any, and if none then to the attending physician or provider. 
The attending physician or provider shall note the withdrawal of the 
last named attorney-in-fact as part of the declarant's medical 
record. 
E. An advance directive for mental health treatment shall be 
notarized and shall be in substantially the following form: 
ADVANCE DIRECTIVE FOR MENTAL HEALTH TREATMENT 
I, _____________________, being of sound mind and eighteen (18) 
years of age or older, willfully and voluntarily make known my 
wishes about mental health treatment, by my instructions to others 
through my advance directive for mental health treatment, or by my 
appointment of an attorney-in-fact, or both. I thus do hereby 
declare: 
I. DECLARATION FOR MENTAL HEALTH TREATMENT 
If my attending physician or psychologist and another physician 
or psychologist determine that my ability to receive and evaluate 
information effectively or communicate decisions is impaired to such 
 
Oklahoma Statutes - Title 43A. Mental Health Page 240 
an extent that I lack the capacity to refuse or consent to mental 
health treatment and that mental health treatment is necessary, I 
direct my attending physician or psychologist and other health care 
providers, pursuant to the Advance Directives for Mental Health 
Treatment Act, to provide the mental health treatment I have 
indicated below by my signature. 
I understand that "mental health treatment" means convulsive 
treatment, treatment with psychoactive medication, and admission to 
and retention in a health care facility for a period up to twenty-
eight (28) days. 
I direct the following concerning my mental health 
care:___________________________________________________ 
________________________________________________________________ 
I further state that this document and the information contained 
in it may be released to any requesting licensed mental health 
professional. 
____________________________ ___________________ 
Declarant's Signature Date 
____________________________ ___________________ 
Witness 1 Date 
____________________________ ___________________ 
Witness 2 Date 
II. APPOINTMENT OF ATTORNEY-IN-FACT 
If my attending physician or psychologist and another physician 
or psychologist determine that my ability to receive and evaluate 
information effectively or communicate decisions is impaired to such 
an extent that I lack the capacity to refuse or consent to mental 
health treatment and that mental health treatment is necessary, I 
direct my attending physician or psychologist and other health care 
providers, pursuant to the Advance Directives for Mental Health 
Treatment Act, to follow the instructions of my attorney-in-fact. 
I hereby appoint: 
NAME _____________________________________ 
ADDRESS __________________________________ 
TELEPHONE #_______________________________ 
to act as my attorney-in-fact to make decisions regarding my mental 
health treatment if I become incapable of giving or withholding 
informed consent for that treatment. 
If the person named above refuses or is unable to act on my 
behalf, or if I revoke that person's authority to act as my 
attorney-in-fact, I authorize the following person to act as my 
attorney-in-fact: 
NAME ______________________________________ 
ADDRESS ___________________________________ 
TELEPHONE #________________________________ 
My attorney-in-fact is authorized to make decisions which are 
consistent with the wishes I have expressed in my declaration. If 
 
Oklahoma Statutes - Title 43A. Mental Health Page 241 
my wishes are not expressed, my attorney-in-fact is to act in what 
he or she believes to be my best interest. 
_______________________________________ 
(Signature of Declarant/Date) 
III. CONFLICTING PROVISION 
I understand that if I have completed both a declaration and 
have appointed an attorney-in-fact and if there is a conflict 
between my attorney-in-fact's decision and my declaration, my 
declaration shall take precedence unless I indicate otherwise. 
____________________ ___________ (signature) 
IV. OTHER PROVISIONS 
a. In the absence of my ability to give directions regarding my 
mental health treatment, it is my intention that this advance 
directive for mental health treatment shall be honored by my family 
and physicians or psychologists as the expression of my legal right 
to consent or to refuse to consent to mental health treatment. 
b. This advance directive for mental health treatment shall be 
in effect until it is revoked. 
c. I understand that I may revoke this advance directive for 
mental health treatment at any time. 
d. I understand and agree that if I have any prior advance 
directives for mental health treatment, and if I sign this advance 
directive for mental health treatment, my prior advance directives 
for mental health treatment are revoked. 
e. I understand the full importance of this advance directive 
for mental health treatment and I am emotionally and mentally 
competent to make this advance directive for mental health 
treatment. 
Signed this _____ day of__________, 19 __ 
___________________________________ 
 (Signature) 
___________________________________ 
 City, County and State of Residence 
This advance directive was signed in my presence. 
___________________________________ 
(Signature of Witness) 
___________________________________ 
(Address) 
___________________________________ 
(Signature of Witness) 
___________________________________ 
(Address) 
Added by Laws 1995, c. 251, § 6, eff. Nov. 1, 1995. 
 
§43A-11-107. When advance directive becomes operative - Contrary or 
conflicting instructions given by attorney-in-fact. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 242 
A. The wishes of a declarant, at all times while the declarant 
is capable, shall supersede the effect of an advance directive for 
mental health treatment. 
B. An advance directive for mental health treatment shall 
become operative when: 
1. It is delivered to the declarant's physician or 
psychologist; and 
2. The declarant is certified to be incapable and to require 
mental health treatment as provided by Section 11-110 of this title. 
C. An advance directive for mental health treatment remains 
valid until: 
1. Revoked, expired or superseded by a subsequent advance 
directive for mental health treatment; or 
2. Superseded by a court order. 
D. A court order shall supersede an advance directive for 
mental health treatment in all circumstances. 
E. Mental health treatment instructions contained in a 
declaration executed in accordance with this act shall supersede any 
contrary or conflicting instructions given by an attorney-in-fact 
specifically for mental health treatment decisions unless the 
authority given to the attorney-in-fact in the advance directive for 
mental health treatment expressly provides otherwise. 
F. Except as provided by subsection E of this section, in the 
event that more than one valid advance directive for mental health 
treatment has been executed and not revoked, the last advance 
directive for mental health treatment executed shall be construed to 
be the mental health treatment wishes of the declarant and shall 
become operative as provided by subsection B of this section. 
G. In the absence of an advance directive for mental health 
treatment, the powers vested in a guardianship of the person, or 
grant of general health care decision-making authority or 
designation of health care proxy contained in an advance directive 
for health care or durable power of attorney with health care 
decision-making authority shall be deemed to include mental health 
treatment. 
Added by Laws 1995, c. 251, § 7, eff. Nov. 1, 1995. Amended by Laws 
2012, c. 215, § 1, eff. Nov. 1, 2012. 
 
§43A-11-108. Delivery of advance directive to attending physician 
or psychologist - Duty of attending physician or other mental health 
treatment provider. 
A. It shall be the responsibility of the declarant to provide 
for delivery of the advance directive for mental health treatment to 
the attending physician or psychologist. 
1. In the event the declarant is comatose, incompetent, or 
otherwise mentally or physically incapable after executing the 
advance directive for mental health treatment, any other person may 
 
Oklahoma Statutes - Title 43A. Mental Health Page 243 
deliver the advance directive for mental health treatment to the 
attending physician or psychologist. 
2. Any person having possession of another person’s advance 
directive for mental health treatment and who becomes aware that the 
declarant is in circumstances under which the terms of the advance 
directive for mental health treatment may become operative shall 
deliver the advance directive for mental health treatment to the 
declarant’s attending physician, psychologist or to any health care 
facility in which the declarant is a consumer. 
B. An attending physician, psychologist or health care facility 
notified of the advance directive for mental health treatment of a 
declarant shall promptly make the declaration a part of the medical 
records of the declarant. 
C. An attending physician or other mental health treatment 
provider who has been notified of the existence of an advance 
directive for mental health treatment executed pursuant to this act 
shall make all reasonable efforts to obtain the advance directive 
for mental health treatment. 
Added by Laws 1995, c. 251, § 8, eff. Nov. 1, 1995. Amended by Laws 
2005, c. 150, § 73, emerg. eff. May 9, 2005. 
 
§43A-11-109. Revocation - Actual notice. 
A. An advance directive for mental health treatment may be 
revoked in whole or in part by the declarant at any time while the 
declarant is capable by any of the following methods: 
1. By being destroyed by the declarant or by some person in the 
declarant's presence and at the declarant's direction; 
2. By a written revocation signed and dated by the declarant 
expressing the declarant's intent to revoke; 
3. By a declarant's unambiguous verbal expression, in the 
presence of two witnesses eighteen (18) years of age or older, of an 
intent to revoke the declaration; or 
4. By a declarant's unambiguous verbal expression to an 
attending physician or psychologist. 
B. The revocation shall become effective upon communication to 
the attending physician or psychologist by the declarant or by both 
witnesses. The attending physician or psychologist shall record the 
time, date, and place when the notification of the revocation was 
received. 
C. In the absence of actual notice of the revocation of an 
advance directive for mental health treatment, no attending 
physician or psychologist, health care facility or other person 
acting under the direction of an attending physician or psychologist 
shall be subject to criminal prosecution or civil liability or be 
deemed to have engaged in unprofessional conduct as a result of the 
provision of medical treatment to a declarant in accordance with the 
Advance Directives for Mental Health Treatment Act unless the 
 
Oklahoma Statutes - Title 43A. Mental Health Page 244 
absence of actual notice resulted from the negligence of the health 
care provider, physician, or other person. 
Added by Laws 1995, c. 251, § 9, eff. Nov. 1, 1995. 
 
§43A-11-110. Informed consent - Examination and certification of 
incapacity – Conflicting instructions – Transfer when unable to 
comply with directive. 
A. The attending physician or psychologist shall continue to 
obtain the declarant’s informed consent to all mental health 
treatment decisions when the declarant is capable of providing 
informed consent or refusal. 
B. A declarant appearing to require mental health treatment 
shall be examined by two persons, who shall be physicians or 
psychologists. If after the examination the declarant is determined 
to be incapable and is in need of mental health treatment, a written 
certification, substantially in the form provided by subsection E of 
this section, of the declarant’s condition shall be made a part of 
the declarant’s medical record. 
C. The attending physician or psychologist is authorized to act 
in accordance with an operative advance directive for mental health 
treatment when the declarant has been determined to be incapable and 
mental health treatment is necessary. Except as otherwise provided 
by this act with regard to conflicting instructions in an advance 
directive for mental health treatment: 
1. An attending physician or psychologist and any other 
physician or psychologist under the attending physician’s or 
psychologist’s direction or control, having possession of the 
declaration of the consumer or having knowledge that the declaration 
is part of the medical record of the consumer, shall follow as 
closely as possible the terms of the declaration. 
2. An attending physician or psychologist and any other 
physician or psychologist under the attending physician’s direction 
or control, having possession of the appointment of the consumer of 
an attorney-in-fact or having knowledge of the appointment of an 
attorney-in-fact, shall follow as closely as possible the 
instruction of the attorney-in-fact. 
D. An attending physician or psychologist who is unable to 
comply with the terms of the declaration of the consumer shall make 
the necessary arrangements to transfer the patient and the 
appropriate medical records without delay to another physician or 
psychologist. 
1. A physician or psychologist who transfers the consumer 
without unreasonable delay, or who makes a good faith attempt to do 
so, shall not be subject to criminal prosecution or civil liability, 
and shall not be found to have committed an act of unprofessional 
conduct for refusal to comply with the terms of the declaration. 
Transfer under these circumstances shall not constitute abandonment. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 245 
2. The failure of an attending physician or psychologist to 
transfer in accordance with this subsection shall constitute 
professional misconduct. 
E. The following certification of the examination of a 
declarant determining whether the declarant is in need of mental 
health treatment and whether the declarant is or is not incapable 
may be utilized by examiners: 
EXAMINER’S CERTIFICATION 
We, the undersigned, have made an examination of 
_______________, and do hereby certify that we made a careful 
personal examination of the actual condition of the person and on 
such examination we find that _____________________: 
1. (Is) (Is not) in need of mental health treatment; and 
2. (Is) (Is not) incapable to participate in decisions about 
(her) (his) mental health treatment. 
The facts and circumstances on which we base our opinions are 
stated in the following report of symptoms and history of case, 
which is hereby made a part hereof. 
According to the advance directive for mental health treatment, 
(name of consumer)_________________________________________, wishes 
to receive mental health treatment in accordance with the 
preferences and instructions stated in the advance directive for 
mental health treatment. 
We are duly licensed to practice in the State of Oklahoma, are 
not related to _______________ by blood or marriage, and have no 
interest in her/his estate. 
Witness our hands this ____________ day of _____________, 20__ 
 ___________________, M.D., D.O., Ph.D., Other 
___________________, M.D., D.O., Ph.D., Other 
Subscribed and sworn to before me this _______________________ 
day of ________________, 20__ 
__________________________________________ 
Notary Public 
REPORT OF SYMPTOMS AND HISTORY OF 
CASE BY EXAMINERS 
1. GENERAL 
Complete name ________________________________________________ 
Place of residence ___________________________________________ 
Sex _______________ Color ________________ 
Age _______________ 
Date of Birth ________________________________________________ 
2. STATEMENT OF FACTS AND CIRCUMSTANCES 
Our determination that the declarant (is) (is not) in need for 
mental health treatment is based on the following: 
________________________________________________________ 
__________________________________________________________________ 
 
Oklahoma Statutes - Title 43A. Mental Health Page 246 
Our determination that the declarant (is) (is not) incapable of 
participating in mental health treatment decisions is based on the 
following:________________________________________________________ 
__________________________________________________________________ 
3. NAME AND RELATIONSHIPS OF FAMILY MEMBERS/OTHERS TO BE NOTIFIED 
Other data ___________________________________________________ 
Dated at _____________, Oklahoma, this __________ day of 
___________________, 20__ 
_____________, M.D., D.O., Ph.D., Other 
 _______________________________________ 
 Address 
_____________, M.D., D.O., Ph.D., Other 
_______________________________________ 
 Address 
Added by Laws 1995, c. 251, § 10, eff. Nov. 1, 1995. Amended by 
Laws 2005, c. 150, § 74, emerg. eff. May 9, 2005. 
 
§43A-11-111. Petition for appointment of guardian. 
Any person may petition the district court for appointment of a 
guardian for a declarant when the person has good reason to believe 
that the provision of mental health treatment in a particular case: 
1. Is contrary to the most recent expressed wishes of a 
declarant who was capable at the time of expressing the wishes; 
2. Is being proposed pursuant to an advance directive for 
mental health treatment that has been falsified, forged, or coerced; 
or 
3. Is being considered without the benefit of a revocation 
which has been unlawfully concealed, destroyed, altered or canceled. 
Added by Laws 1995, c. 251, § 11, eff. Nov. 1, 1995. 
 
§43A-11-112. Immunity from civil or criminal liability. 
A. In the absence of knowledge of the revocation of an advance 
directive for mental health treatment, a person is not subject to 
civil or criminal liability or discipline for unprofessional conduct 
for carrying out the advance directive for mental health treatment 
pursuant to the requirements of the Advance Directives for Mental 
Health Treatment Act. 
B. A physician or psychologist whose actions under the Advance 
Directives for Mental Health Treatment Act are in accord with 
reasonable medical standards or standards of mental health 
treatment, is not subject to criminal or civil liability or 
discipline for unprofessional conduct with respect to those actions. 
C. An individual designated as an attorney-in-fact pursuant to 
the provisions of this act, to make mental health treatment 
decisions for a declarant and whose decisions regarding the 
declarant are made in good faith pursuant to the Advance Directives 
for Mental Health Treatment Act, is not subject to criminal or civil 
 
Oklahoma Statutes - Title 43A. Mental Health Page 247 
liability, or discipline for unprofessional conduct with respect to 
those decisions. 
Added by Laws 1995, c. 251, § 12, eff. Nov. 1, 1995. 
 
§43A-11-113. Violations - Penalties. 
A. Any person who willfully conceals, cancels, defaces, alters, 
or obliterates the advance directive for mental health treatment of 
another without the declarant's consent, or who falsifies or forges 
a revocation of an advance directive of another, shall be, upon 
conviction, guilty of a misdemeanor. 
B. A person who in any way falsifies or forges the advance 
directive for mental health treatment of another person, or who 
willfully conceals or withholds personal knowledge of a revocation 
of an advance directive for mental health treatment, shall be, upon 
conviction, guilty of a misdemeanor. 
C. A person who requires or prohibits the execution of an 
advance directive for mental health treatment as a condition for 
being insured for, or receiving, health care services shall be, upon 
conviction, guilty of a misdemeanor. 
D. A person who coerces or fraudulently induces another person 
to execute a declaration or revocation shall be, upon conviction, 
guilty of a Class D1 felony offense and shall be punished as 
provided for in subsections B through F of Section 20N of Title 21 
of the Oklahoma Statutes. 
E. The sanctions provided in this section do not displace any 
sanction applicable under any other law. 
Added by Laws 1995, c. 251, § 13, eff. Nov. 1, 1995. Amended by 
Laws 1997, c. 133, § 470, eff. July 1, 1999; Laws 2025, c. 486, § 
510, eff. Jan. 1, 2026. 
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective 
date of Laws 1997, c. 133, § 470 from July 1, 1998, to July 1, 1999. 
 
§43A-12. Renumbered as § 2-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-12-101. Short title. 
Sections 12-101 through 12-105 of this title shall be known and 
may be cited as the “Suicide Prevention Act”. 
Added by Laws 2001, c. 168, § 1, emerg. eff. May 2, 2001. Amended 
by Laws 2008, c. 113, § 1, eff. Nov. 1, 2008. 
 
§43A-12-102. Purpose. 
The purpose of the Suicide Prevention Act is to facilitate the 
translation of suicide-related data into comprehensive public policy 
that is directed toward reducing the number of attempted suicides 
and suicides in Oklahoma by: 
 
Oklahoma Statutes - Title 43A. Mental Health Page 248 
1. Improving methods of identifying minors and adults who are 
at risk of dying by suicide; 
2. Improving awareness of and access to existing mental health 
services for individuals identified as needing those services; and 
3. Coordinating and developing community resources to prevent 
attempted suicide and suicide among minors and adults. 
Added by Laws 2001, c. 168, § 2, emerg. eff. May 2, 2001. Amended 
by Laws 2008, c. 113, § 2, eff. Nov. 1, 2008. 
 
§43A-12-103. Definitions. 
As used in the Suicide Prevention Act: 
1. “Attempted suicide” means the voluntary and intentional 
injury to one’s own body with the goal of ending one’s own life; and 
2. “Suicide” means the voluntary and intentional taking of 
one’s own life. 
Added by Laws 2001, c. 168, § 3, emerg. eff. May 2, 2001. Amended 
by Laws 2008, c. 113, § 3, eff. Nov. 1, 2008. 
 
§43A-12-104. Repealed by Laws 2025, c. 317, § 3, eff. July 1, 2025. 
 
§43A-12-105. Authority of Department - Evaluation report. 
A. The Department of Mental Health and Substance Abuse Services 
shall act as the lead agency in implementing the provisions of the 
Suicide Prevention Act. 
B. The Department shall have primary responsibility for 
evaluating the effectiveness of efforts designed to reduce the 
number of attempted suicides and suicides, and shall electronically 
submit an evaluation report to the Speaker of the House of 
Representatives, the President Pro Tempore of the Senate, and the 
Governor no later than July 1 of each year. 
Added by Laws 2001, c. 168, § 5, emerg. eff. May 2, 2001. Amended 
by Laws 2008, c. 113, § 5, eff. Nov. 1, 2008; Laws 2025, c. 317, § 
1, eff. July 1, 2025. 
 
§43A-13. Renumbered as § 2-201 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-13-101. Mental health first aid pilot program. 
A. Contingent upon funding, the Department of Mental Health and 
Substance Abuse Services shall develop and implement a mental health 
first aid pilot program. The purpose of the mental health first aid 
pilot program shall be to train non-mental-health professionals in 
how to support an individual in a mental health crisis situation 
until professional help can be obtained. 
B. The Department shall adopt a curriculum which, at a minimum, 
shall include training for individuals on the symptoms, causes and 
evidence-based treatments for common mental health problems, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 249 
including, but not limited to, depression, anxiety disorders, 
psychosis, and substance abuse disorders. The curriculum shall also 
address possible crisis situations arising from these mental health 
problems and steps to support an individual in a crisis situation. 
C. The Department shall issue a certificate in mental health 
first aid to individuals who complete the course of training. The 
Department shall establish criteria for certification. 
D. The Department is authorized to enter into a contract to 
implement the provisions of this section. 
E. On or before December 31, 2009, and annually thereafter, the 
Department shall submit a report to the Legislature stating the 
number of participants in the program, the number of individuals who 
received a certificate in the program, and any recommendations for 
improvement of the program. 
F. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules as necessary to implement the provisions of 
this section. 
Added by Laws 2008, c. 306, § 1, eff. Nov. 1, 2008. 
 
§43A-14. Renumbered as § 2-202 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-14.1. Renumbered as § 2-203 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-14-101. Short title — Oklahoma Elder Exploitation and Abuse 
Act. 
Sections 2 through 7 of this act shall be known and may be cited 
as the "Oklahoma Elder Exploitation and Abuse Act". 
Added by Laws 2025, c. 177, § 2, eff. Nov. 1, 2025. 
 
§43A-14-102. Purpose — Legislative intent. 
A. The purpose of the Oklahoma Elder Exploitation and Abuse Act 
is to promote the general welfare of all citizens by establishing a 
civil action for incapacitated persons and vulnerable adults which 
provides for the protection of their rights and affords them a right 
of civil action against those who neglect, exploit, or abuse them. 
B. The purpose of the Oklahoma Elder Exploitation and Abuse Act 
is to allow incapacitated persons and vulnerable adults, through 
their legal representatives, to pursue claims against persons who 
neglect, exploit, or abuse the incapacitated person or vulnerable 
adult if he or she lacks the capacity to pursue such claims on his 
or her own behalf. 
C. The Oklahoma Elder Exploitation and Abuse Act does not 
preclude an individual's mandatory responsibility to report to Adult 
Protective Services or law enforcement if there is reasonable cause 
 
Oklahoma Statutes - Title 43A. Mental Health Page 250 
to believe a vulnerable adult is being abused, neglected, or 
exploited. 
D. It is the intent of the Oklahoma Legislature: 
1. That the district court shall exercise the authority 
conferred by the Oklahoma Elder Exploitation and Abuse Act to 
encourage the development of maximum self-reliance and independence 
of incapacitated persons and vulnerable adults and make appointive 
and other orders only to the extent necessitated by the mental and 
adaptive limitations of other conditions of the incapacitated or 
partially incapacitated person warranting the action; and 
2. That in performing their duties and exercising their powers, 
legal representatives bringing claims under this act for 
incapacitated persons and vulnerable adults shall: 
a. assure, to the extent reasonably possible, that the 
rights of the persons for whom they are appointed are 
protected, and 
b. encourage, to the extent reasonably possible, 
incapacitated persons and vulnerable adults to 
participate to the maximum extent of their abilities 
in all decisions which affect them concerning the 
claims afforded them under this act. 
Added by Laws 2025, c. 177, § 3, eff. Nov. 1, 2025. 
 
§43A-14-103. Definitions. 
A. When used in the Oklahoma Elder Exploitation and Abuse Act: 
1. "Abuse" means causing or permitting: 
a. the infliction of physical pain, injury, sexual abuse, 
sexual exploitation, unreasonable restraint or 
confinement, mental anguish or personal degradation, 
or 
b. the deprivation of nutrition, clothing, shelter, 
health care, or other care or services without which 
serious physical or mental injury is likely to occur 
to a vulnerable adult by a caretaker or other person 
providing services to a vulnerable adult; 
2. "Caretaker" means a person who has: 
a. the responsibility for the care of a vulnerable adult 
or the financial management of the resources of a 
vulnerable adult as a result of a family relationship, 
b. assumed the responsibility for the care of a 
vulnerable adult voluntarily, by contract, or as a 
result of the ties of friendship, or 
c. been appointed a guardian, limited guardian, or 
conservator pursuant to the Oklahoma Guardianship and 
Conservatorship Act; 
3. "Exploitation" or "exploit" means an unjust or improper use 
of the resources of a vulnerable adult for the profit or advantage, 
 
Oklahoma Statutes - Title 43A. Mental Health Page 251 
pecuniary or otherwise, of a person other than the vulnerable adult 
through the use of undue influence, coercion, harassment, duress, 
deception, false representation or false pretense; 
4. "Financial neglect" means repeated instances by a caretaker, 
or other person, who has assumed the role of financial management, 
of failure to use the resources available to restore or maintain the 
health and physical well-being of a vulnerable adult, including, but 
not limited to: 
a. squandering or negligently mismanaging the money, 
property, or accounts of a vulnerable adult, 
b. refusing to pay for necessities or utilities in a 
timely manner, or 
c. providing substandard care to a vulnerable adult 
despite the availability of adequate financial 
resources; 
5. "Incapacitated person" means: 
a. any person eighteen (18) years of age or older: 
(1) who is impaired by reason of mental or physical 
illness or disability, dementia or related 
disease, developmental or intellectual disability 
or other cause, and 
(2) whose ability to receive and evaluate information 
effectively or to make and to communicate 
responsible decisions is impaired to such an 
extent that such person lacks the capacity to 
manage his or her financial resources or to meet 
essential requirements for his or her mental or 
physical health or safety without assistance from 
others, or 
b. a person for whom a guardian, limited guardian, or 
conservator has been appointed pursuant to the 
Oklahoma Guardianship and Conservatorship Act; 
6. "Indecent exposure" means forcing or requiring a vulnerable 
adult to: 
a. look upon the body or private parts of another person 
or upon sexual acts performed in the presence of the 
vulnerable adult, or 
b. touch or feel the body or private parts of another; 
7. "Neglect" means: 
a. the failure to provide protection for a vulnerable 
adult who is unable to protect his or her own 
interest, 
b. the failure to provide a vulnerable adult with 
adequate shelter, nutrition, health care, or clothing, 
or 
c. negligent acts or omissions that result in harm or the 
unreasonable risk of harm to a vulnerable adult 
 
Oklahoma Statutes - Title 43A. Mental Health Page 252 
through the action, inaction, or lack of supervision 
by a caretaker providing direct services; 
8. "Personal degradation" means a willful act by a caretaker 
intended to shame, degrade, humiliate, or otherwise harm the 
personal dignity of a vulnerable adult, or where the caretaker knew 
or reasonably should have known the act would cause shame, 
degradation, humiliation, or harm to the personal dignity of a 
reasonable person. Personal degradation includes the taking, 
transmitting, or displaying of an electronic image of a vulnerable 
adult by a caretaker, where the caretaker's actions constitute a 
willful act intended to shame, degrade, humiliate or otherwise harm 
the personal dignity of the dependent adult, or where the caretaker 
knew or reasonably should have known the act would cause shame, 
degradation, humiliation or harm to the personal dignity of a 
reasonable person. Personal degradation does not include: 
a. the taking, transmitting, or displaying of an 
electronic image of a vulnerable adult for the purpose 
of reporting vulnerable adult abuse to law 
enforcement, the Department of Human Services or other 
regulatory agency that oversees caretakers or enforces 
abuse or neglect laws or rules, 
b. the taking, transmitting, or displaying of an 
electronic image of a vulnerable adult for the purpose 
of treatment or diagnosis, or 
c. the taking, transmitting, or displaying of an 
electronic image of a vulnerable adult as part of an 
ongoing investigation; 
9. "Sexual abuse" means: 
a. oral, anal, or vaginal penetration of a vulnerable 
adult by or through the union with the sexual organ of 
a caretaker or other person providing services to the 
vulnerable adult, or the anal or vaginal penetration 
of a vulnerable adult by a caretaker or other person 
providing services to the vulnerable adult with any 
other object, or 
b. for the purpose of sexual gratification, the touching, 
feeling or observation of the body or private parts of 
a vulnerable adult by a caretaker or other person 
providing services to the vulnerable adult, or 
c. indecent exposure by a caretaker or other person 
providing services to the vulnerable adult; 
10. "Sexual exploitation" includes, but is not limited to, a 
caretaker's causing, allowing, permitting, or encouraging a 
vulnerable adult to engage in prostitution or in the lewd, obscene, 
or pornographic photographing, filming, or depiction of the 
vulnerable adult as those acts are defined by state law; 
 
Oklahoma Statutes - Title 43A. Mental Health Page 253 
11. "Verbal abuse" means the use of words, sounds, or other 
communication, including, but not limited to, gestures, actions, or 
behaviors, by a caretaker or other person providing services to a 
vulnerable adult that are likely to cause a reasonable person to 
experience humiliation, intimidation, fear, shame, or degradation; 
and 
12. "Vulnerable adult" means an individual who is an 
incapacitated person or who, because of physical or mental 
disability, including persons with Alzheimer's disease or other 
dementias, incapacity, or other disability, is substantially 
impaired in the ability to provide adequately for the care or 
custody of himself or herself, or is unable to manage his or her 
property and financial affairs effectively, or to meet essential 
requirements for mental or physical health or safety, or to protect 
himself or herself from abuse, neglect, or exploitation without 
assistance from others. 
B. Nothing in this section shall be construed to mean a 
vulnerable adult is abused or neglected for the sole reason the 
vulnerable adult, in good faith, selects and depends upon spiritual 
means alone through prayer, in accordance with the practices of a 
recognized religious method of healing, for the treatment or cure of 
disease or remedial care, or a caretaker or other person 
responsible, in good faith, is furnishing such vulnerable adult 
spiritual means alone through prayer, in accordance with the tenets 
and practices of a recognized church or religious denomination, for 
the treatment or cure of disease or remedial care in accordance with 
the practices of or express consent of the vulnerable adult. 
Added by Laws 2025, c. 177, § 4, eff. Nov. 1, 2025. 
 
§43A-14-104. Venue — Damages — Attorney fees — Access to records. 
A. A claim for elder neglect, exploitation, or abuse, as 
prescribed in this section, may be brought in any district court 
within the county in the State of Oklahoma in which the vulnerable 
adult lives or maintains his or her residence or was living at the 
time of the act or omission giving rise to the claim. 
B. A person who commits neglect or financial neglect against a 
vulnerable adult, proven by a preponderance of the evidence, shall 
be liable for actual damages in an amount that compensates the 
vulnerable adult for the loss he or she has incurred as a result 
thereof and shall be liable for punitive damages as Oklahoma law 
otherwise allows. 
C. A person who commits exploitation or abuse of a vulnerable 
adult, proven by a preponderance of the evidence, shall be liable 
for damages three times the actual damages incurred by the 
vulnerable adult as a result thereof and shall be liable for 
punitive damages as Oklahoma law otherwise allows. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 254 
D. The prevailing party in the claims prescribed in subsections 
B and C of this section shall be entitled to recover reasonable 
attorney fees and costs. 
E. The claims prescribed in this section shall follow and 
otherwise be subject to the general laws governing civil claims 
under Oklahoma law, including, without limitation, the provisions 
found in Titles 12 and 23 of the Oklahoma Statutes. 
F. The claims provided for by this section may be brought by 
the vulnerable adult or on behalf of the vulnerable adult by his or 
her guardian, limited guardian, conservator, agent under an 
appropriate power of attorney, duly appointed representative of the 
estate of the vulnerable adult, if deceased, or other legal 
representative approved by the court. 
G. In addition to any other documents or records to which the 
vulnerable adult or his or her legal representative may be entitled 
in pursuit of the claim or claims prescribed in this section, the 
court may authorize or direct the vulnerable adult and his or her 
legal representative access to and copies of financial, legal, 
mental health, and physical health records of the vulnerable adult 
in the possession of any physician, hospital, other health care 
provider, firm, financial institution, lawyer, accountant, 
counselor, broker, caregiver, corporation, other business entity, or 
other facility or party. These records, upon order of the court, 
shall be produced within ten (10) days, unless the court orders a 
shorter time, and the records shall not be disclosed for any purpose 
other than the purpose for which they have been obtained. 
H. The claims provided for in this section survive the death of 
the vulnerable adult. 
Added by Laws 2025, c. 177, § 5, eff. Nov. 1, 2025. 
 
§43A-14-105. Restraining order or other injunctive relief. 
The district court in which a claim authorized in this act is 
filed may, upon proper application, issue a restraining order or 
other injunctive relief to prohibit any further violation of this 
act, regardless of the existence of any other remedy at law and in 
addition thereto. 
Added by Laws 2025, c. 177, § 6, eff. Nov. 1, 2025. 
 
§43A-14-106. Applicability of physician-patient and spousal 
privileges. 
Subject to a specific court order, the physician-patient 
privilege nor spousal privilege shall be grounds for excluding 
evidence regarding the neglect, exploitation, or abuse of a 
vulnerable adult or the cause thereof in any judicial proceeding 
arising under this act. 
Added by Laws 2025, c. 177, § 7, eff. Nov. 1, 2025. 

Oklahoma Statutes - Title 43A. Mental Health Page 255 
§43A-15. Renumbered as § 2-204 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-16. Renumbered as § 2-301 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-16.1. Renumbered as § 2-302 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-17. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-18. Repealed by Laws 1985, c. 89, § 2, emerg. eff. May 23, 
1985. 
 
§43A-18.1. Renumbered as § 2-208 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-19. Renumbered as § 2-209 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-20. Renumbered as § 2-210 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-21. Renumbered as § 2-211 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-22. Renumbered as § 2-212 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-23. Renumbered as § 2-213 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-24. Renumbered as § 2-105 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-25. Renumbered as § 2-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-26. Renumbered as § 2-107 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-27. Renumbered as § 2-205 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-28. Renumbered as § 2-206 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 256 
§43A-31. Renumbered as § 3-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-31.1. Renumbered as § 3-102 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.2. Renumbered as § 3-103 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.3. Renumbered as § 3-104 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.4. Renumbered as § 3-105 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.5. Repealed by Laws 1985, c. 219, § 3, operative July 1, 
1985. 
 
§43A-31.6. Renumbered as § 3-110 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.7. Renumbered as § 3-106 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-31.8. Renumbered as § 3-107 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-32. Renumbered as § 2-102 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-33. Renumbered as § 2-306 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-34. Renumbered as § 2-106 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-35. Renumbered as § 2-303 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-36. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-50. Renumbered as § 1-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-51. Renumbered as § 5-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 257 
§43A-52. Repealed by Laws 1955, p. 252, § 4. 
 
§43A-52.1. Renumbered as § 5-205 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-53. Renumbered as § 5-304 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-54. Renumbered as § 55.2 of this title by Laws 1977, c. 145, § 
12, emerg. eff. June 3, 1977. 
 
§43A-54.1. Repealed by Laws 1980, c. 324, § 13, emerg. eff. June 
17, 1980. 
 
§43A-54.2. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-54.4. Renumbered as § 5-401 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.5. Renumbered as § 5-402 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.6. Renumbered as § 5-403 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.7. Renumbered as § 5-404 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.8. Renumbered as § 5-204 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.9. Renumbered as § 5-405 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.10. Renumbered as § 5-406 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.11. Renumbered as § 5-407 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.12. Renumbered as § 7-102 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-54.13. Renumbered as § 1-107 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 258 
§43A-55. Renumbered as § 54.1 of this title by Laws 1977, c. 145, § 
12, emerg. eff. June 3, 1977. 
 
§43A-55.1. Renumbered as § 1-106 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-55.2. Repealed by Laws 1980, c. 324, § 13, emerg. eff. June 
17, 1980. 
 
§43A-56. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-57. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-57.1. Renumbered as § 5-201 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-58. Repealed by Laws 1984, c. 256, § 10, eff. Nov. 1, 1984. 
 
§43A-58.1. Renumbered as § 5-202 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-59. Renumbered as § 6-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-60. Repealed by Laws 1963, c. 184, § 5. 
 
§43A-61. Renumbered as § 3-702 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-62. Renumbered as § 4-109 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-63. Renumbered as § 5-102 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-64. Renumbered as § 1-105 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-65. Renumbered as § 7-113 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-71. Renumbered as § 6-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-72. Renumbered as § 6-102 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 259 
§43A-73. Renumbered as § 7-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-73.1. Renumbered as § 7-104 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-74. Repealed by Laws 1959, p. 190, § 7. 
 
§43A-75. Renumbered as § 7-112 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-76. Repealed by Laws 1959, p. 190, § 7. 
 
§43A-77. Repealed by Laws 1959, p. 190, § 7. 
 
§43A-78. Renumbered as § 7-107 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-80. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 
1980. 
 
§43A-81. Renumbered as § 3-703 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-82. Renumbered as § 7-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-91. Renumbered as § 4-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-92. Renumbered as § 4-106 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-93. Renumbered as § 4-107 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-94. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-95. Renumbered as § 4-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-96. Renumbered as § 4-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-97. Renumbered as § 4-105 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 260 
§43A-98. Renumbered as § 2-108 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-99. Renumbered as § 1-108 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-100. Renumbered as § 5-203 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-101. Renumbered as § 3-109 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-102. Renumbered as § 2-307 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-111. Renumbered as § 4-201 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-112. Renumbered as § 4-202 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-113. Renumbered as § 4-203 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-114. Renumbered as § 4-204 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-115. Renumbered as § 4-205 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-116. Renumbered as § 2-207 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-117. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 
1980. 
 
§43A-118. Renumbered as § 4-206 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-131. Renumbered as § 5-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-132. Renumbered as § 6-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-133. Renumbered as § 7-108 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 261 
 
§43A-134. Renumbered as § 2-219 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-135. Renumbered as § 2-220 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-136. Renumbered as § 2-217 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-137. Renumbered as § 2-218 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-139. Renumbered as § 5-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-151. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-152. Renumbered as § 3-201 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-160. Renumbered as § 2-214 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-171. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-172. Renumbered as § 2-308 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-173. Renumbered as § 7-105 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-174. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-175. Renumbered as § 7-106 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-181. Renumbered as § 8-101 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-182. Renumbered as § 8-102 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-183. Renumbered as § 8-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 262 
§43A-184. Renumbered as § 8-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-185. Renumbered as § 8-105 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-186. Renumbered as § 8-106 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-187. Renumbered as § 8-107 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-188. Renumbered as § 8-108 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-191. Repealed by Laws 1980, c. 174, § 2, eff. Oct. 1, 1980. 
 
§43A-191.1. Renumbered as § 4-108 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-341. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-342. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-343. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-344. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-345. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-346. Repealed by Laws 1983, c. 71, § 1, emerg. eff. April 29, 
1983. 
 
§43A-371. Repealed by Laws 1955, p. 458, § 6, eff. May 6, 1955. 
 
§43A-381. Repealed by Laws 1967, c. 138, § 3. 
 
§43A-382. Repealed by Laws 1967, c. 138, § 3. 
 
§43A-383. Repealed by Laws 1967, c. 138, § 3. 
 
§43A-384. Repealed by Laws 1967, c. 138, § 3. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 263 
 
§43A-391. Renumbered as § 7-109 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-392. Renumbered as § 7-110 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-393. Renumbered as § 7-111 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-394. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 
1980. 
 
§43A-395. Renumbered as § 2-304 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-401. Repealed by Laws 1983, c. 304, § 182, eff. July 1, 1983. 
 
§43A-411. Renumbered as § 1415.1 of Title 10 by Laws 1983, c. 128, 
§ 7, operative July 1, 1983. 
 
§43A-415. Renumbered as § 1425 of Title 10 by Laws 1986, c. 103, § 
105, eff. Nov. 1, 1986. 
 
§43A-421. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-422. Renumbered as § 2-215 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-423. Renumbered as § 2-216 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-424. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 
1980. 
 
§43A-431. Renumbered as § 3-108 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-441. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-446. Renumbered as § 2-305 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-451. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-452. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 264 
§43A-501. Renumbered as § 6-201 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-502. Renumbered as § 6-202 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-503. Renumbered as § 6-203 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-504. Renumbered as § 6-204 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-505. Renumbered as § 6-205 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-506. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 
1980. 
 
§43A-551. Renumbered as § 5-301 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-552. Renumbered as § 5-305 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-553. Renumbered as § 5-306 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-554. Renumbered as § 5-307 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-555. Renumbered as § 5-308 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-556. Renumbered as § 5-309 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-557. Renumbered as § 5-310 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-558. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-559. Renumbered as § 5-311 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-560. Renumbered as § 5-302 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 265 
§43A-561. Renumbered as § 5-303 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-601. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-602. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-603. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-604. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-605. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-606. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-607. Renumbered as § 619 of this title by Laws 1980, c. 291, § 
13. 
 
§43A-608. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-609. Repealed by Laws 1980, c. 291, § 11, eff. Oct. 1, 1980. 
 
§43A-613. Renumbered as § 3-301 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-614. Renumbered as § 3-302 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-615. Renumbered as § 3-303 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-616. Renumbered as § 3-304 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-617. Renumbered as § 3-305 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-618. Renumbered as § 3-306 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-619. Renumbered as § 3-307 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-620. Renumbered as § 3-308 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 

Oklahoma Statutes - Title 43A. Mental Health Page 266 
§43A-620.1. Renumbered as § 3-313 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-620.2. Renumbered as § 3-312 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-621. Renumbered as § 3-309 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-621.1. Renumbered as § 3-310 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-621.2. Renumbered as § 3-311 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-622. Renumbered as § 4-102 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-651. Purpose. 
The purpose of this act is to provide a comprehensive program of 
human renewal for drug-dependent persons through the creation of 
programs of prevention, consultation, outpatient care, inpatient 
care and rehabilitation. 
Added by Laws 1971, c. 61, § 1, eff. Oct. 1, 1971. 
 
§43A-652. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. 
 
§43A-653. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. 
 
§43A-654. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-655. Repealed by Laws 1983, c. 134, § 25, eff. July 1, 1983. 
 
§43A-656. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-657. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-658. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-659. Renumbered as § 3-601 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-660. Renumbered as § 3-602 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-661. Renumbered as § 3-603 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 267 
 
§43A-662. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-671. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-672. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-673. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-674. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-675. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-676. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-677. Renumbered as § 9-103 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-678. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-679. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-680. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-681. Renumbered as § 9-104 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-682. Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. 
 
§43A-701. Renumbered as § 3-701 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-702. Drop-in centers for Oklahoma veterans. 
A. Subject to the availability of funds, the Department of 
Mental Health and Substance Abuse Services shall facilitate the 
development of seven peer-supported, drop-in centers for the 
specific purpose of serving Oklahoma veterans. The Department shall 
issue a request for proposal for operation of the centers. 
Nonprofit organizations based in this state may apply for available 
funding and shall adhere to policies and programs of work developed 
by the Department. 
B. The Board of Mental Health and Substance Abuse Services 
shall promulgate rules to implement the provisions of this act. 
Added by Laws 2015, c. 162, § 1, eff. July 1, 2015. 
 
§43A-801. Renumbered as § 10-101 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
Oklahoma Statutes - Title 43A. Mental Health Page 268 
 
§43A-802. Renumbered as § 10-102 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-803. Renumbered as § 10-103 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-804. Renumbered as § 10-104 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-805. Renumbered as § 10-105 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-806. Renumbered as § 10-106 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-807. Renumbered as § 10-107 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-808. Renumbered as § 10-108 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-809. Renumbered as § 10-109 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-810. Renumbered as § 10-110 of this title by Laws 1986, c. 
103, § 103, eff. Nov. 1, 1986. 
 
§43A-901. Renumbered as § 3-501 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-902. Renumbered as § 3-502 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986. 
 
§43A-903. Renumbered as § 3-503 of this title by Laws 1986, c. 103, 
§ 103, eff. Nov. 1, 1986.