Okla. Stat. tit. 43A, § 43A-5-207

A. Any person who appears to be or states that such person is

mentally ill, alcohol-dependent, or drug-dependent to a degree that

immediate emergency action is necessary may be taken into protective

custody and detained as provided pursuant to the provisions of this

section. Nothing in this section shall be construed as being in

lieu of prosecution under state or local statutes or ordinances

relating to public intoxication offenses.

B. 1. Any peace officer who reasonably believes that a person

is a person requiring treatment as defined in Section 1-103 of this

title shall take the person into protective custody. The officer

shall make every reasonable effort to take the person into custody

in the least conspicuous manner.

2. Upon taking the person into protective custody, the officer

may relinquish custody of the person believed to require treatment

to a duly qualified reserve officer or deputy employed by the same

agency to fulfill the officer’s duties as required by this title.

C. The officer shall prepare a written statement indicating the

basis for the officer’s belief that the person is a person requiring

treatment and the circumstances under which the officer took the

person into protective custody. The officer shall give a copy of

the statement to the person or the person’s attorney upon the

request of either. If the officer does not make the determination

to take an individual into protective custody on the basis of the

officer’s personal observation, the officer shall not be required to

prepare a written statement. However, the person stating to be

Oklahoma Statutes - Title 43A. Mental Health Page 119

mentally ill, alcohol-dependent or drug-dependent or the person upon

whose statement the officer relies shall sign a written statement

indicating the basis for such person’s belief that the person is a

person requiring treatment. Any false statement given to the

officer by the person upon whose statement the officer relies shall

be a misdemeanor and subject to the sanctions of Title 21 of the

Oklahoma Statutes.

D. If the person is medically stable, the officer shall

immediately transport the person to an urgent recovery clinic or to

the nearest facility, as defined in Section 1-103 of this title, for

an initial assessment within a thirty-mile radius of the peace

officer’s operational headquarters, or may request an assessment at

the point of initial contact by the Department of Mental Health and

Substance Abuse Services as provided by subsection A of Section 1-

110 of this title. If, subsequent to an initial assessment, it is

determined that emergency detention is warranted, the person shall

immediately be transported to the nearest facility that is

appropriate for treatment of the individual and has bed space

available if the individual has been determined to be a person

requiring treatment. Transport shall be provided in accordance with

subsection B of Section 1-110 of this title.

E. For the purposes of this section, “urgent recovery clinics”

means clinics that offer voluntary services aimed at the assessment

and immediate stabilization of acute symptoms of mental illness,

alcohol and other drug abuse and emotional distress; provided that,

unless the person consents to a longer duration, no more than

twenty-three (23) hours and fifty-nine (59) minutes of services are

provided to a consumer during one episode of care.

F. If it is determined by the facility director or designee

that the person is not medically stable, the Department shall

immediately transport the person to the nearest hospital or other

appropriate medical facility for medical treatment. A treating

physician may authorize that the person be detained until the person

becomes medically stable. The time limit on the emergency detention

period stipulated under Section 5-208 of this title shall be tolled

until the person who appears to be a person requiring treatment is
iately transport the person to the nearest hospital or other

appropriate medical facility for medical treatment. A treating

physician may authorize that the person be detained until the person

becomes medically stable. The time limit on the emergency detention

period stipulated under Section 5-208 of this title shall be tolled

until the person who appears to be a person requiring treatment is

medically stabilized. When the person becomes medically stable, if

in the opinion of the treating or discharging physician, the patient

is still a person requiring treatment as defined in Section 1-103 of

this title, the physician shall authorize detention of the patient

for transportation as provided in subsection D of this section.

G. The parent, brother or sister who is eighteen (18) years of

age or older, child who is eighteen (18) years of age or older, or

guardian of the person, or a person who appears to be or states that

such person is mentally ill, alcohol-dependent or drug-dependent to

a degree that emergency action is necessary may request the

administrator of a facility designated by the Commissioner as an

Oklahoma Statutes - Title 43A. Mental Health Page 120

appropriate facility for an initial assessment to conduct an initial

assessment to determine whether the condition of the person is such

that emergency detention is warranted and, if emergency detention is

warranted, to detain the person as provided in Sections 5-206

through 5-209 of this title.