§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 […]
§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, […]
§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 […]
§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 […]
§43A-1-106. Representation of state in court proceedings.
The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitioner for involuntary commitment or assisted outpatient treatment. Added by […]
§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. […]
§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 […]
§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 […]
§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 […]
§43A-1-110. Law enforcement responsibility for transporting persons for mental health services – Use of telemedicine – Reimbursement of expenses.
A. Sheriffs and peace officers may utilize telemedicine, when such capability is available and is in the possession of the local law enforcement agency, to have a person whom the officer reasonably believes is a person requiring treatment, as defined in Section 1-103 of this title, assessed by a licensed mental health professional employed by […]
§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”. 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 […]
§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 […]
§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 […]
§43A-10-104. See the following versions:
OS 43A-10-104v1 (HB 1681, Laws 2003, c. 332, § 3). OS 43A-10-104v2 (SB 2341, Laws 2019, c. 475, § 31).
§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 […]
§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; or 2. The municipal police department or sheriff’s office in the county in which the […]
§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 Department of Human Services shall make a prompt and thorough investigation. When feasible, law enforcement and the Department shall conduct joint investigations in order to reduce potential […]
§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 Department 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 […]
§43A-10-106. Voluntary protective services.
A. If the Department of Human Services determines, as a result of its investigation, that a vulnerable adult needs protective services, the Department 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 […]