Okla. Stat. tit. 43A, § 43A-1-110

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 29

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
e 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 30

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 31

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,
s,

b. the individual being transported attempts or causes

serious physical injury to self and the person

Oklahoma Statutes - Title 43A. Mental Health Page 31

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.