Okla. Stat. tit. 43A, § 43A-3-415

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 86

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 87

1. The Joint Commission on Accreditation of Healthcare

Organizations;

2. The Commission on Accreditation of Rehabilitation

Facilities;
tified 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 87

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.