Okla. Stat. tit. 43A, § 43A-5-206
This is the official text of Okla. Stat. tit. 43A, § 43A-5-206, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
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 118
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.
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 118
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.
Status: in_force · Read it on the official government site
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