Okla. Stat. tit. 43A, § 43A-1-103

When used in this title, unless otherwise expressly stated, or

unless the context or subject matter otherwise requires:

1. “Department” means the Department of Mental Health and

Substance Abuse Services;

2. “Chair” means the chair of the Board of Mental Health and

Substance Abuse Services;

3. “Mental illness” means a substantial disorder of thought,

mood, perception, psychological orientation or memory that

significantly impairs judgment, behavior, capacity to recognize

reality or ability to meet the ordinary demands of life;

4. “Board” means the Board of Mental Health and Substance Abuse

Services as established by the Mental Health Law;

5. “Commissioner” means the 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;

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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

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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,
ly 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

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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.
ical 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;

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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,

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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
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

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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.