Okla. Stat. tit. 43A, § 43A-5-207v1

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

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

upon whose statement the officer relies shall sign a written

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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 use telemedicine with a

licensed mental health professional employed or under contract with

a facility operated by, certified by, or contracted with the

Department of Mental Health and Substance Abuse Services to perform

an initial assessment. If, subsequent to an initial assessment, it

is determined that emergency detention is warranted, the officer

shall immediately transport the person to the nearest facility that

has bed space available if the facility is within thirty (30) miles

of the peace officer's operational headquarters and the individual

was determined to be a person requiring treatment. The Department

of Mental Health and Substance Abuse Services may contract for the

use of alternative transportation providers to transport individuals

to facilities designated for emergency detention when the nearest

facility with bed space available is more than thirty (30) miles

from the peace officer's operational headquarters and the individual

was determined to be a person requiring treatment. For purposes of

this section, "urgent recovery clinics" means clinics that offer

services aimed at the assessment and immediate stabilization of

acute symptoms of mental illness, alcohol and other drug abuse, and

emotional distress, provided no more than twenty-three (23) hours

and fifty-nine (59) minutes of services are provided to a consumer

during one episode of care. If it is determined by the facility

director or designee that the person is not medically stable, the

officer shall immediately transport the person to the nearest
f

acute symptoms of mental illness, alcohol and other drug abuse, and

emotional distress, provided no more than twenty-three (23) hours

and fifty-nine (59) minutes of services are provided to a consumer

during one episode of care. If it is determined by the facility

director or designee that the person is not medically stable, the

officer shall immediately transport the person to the nearest

hospital or other appropriate treatment facility.

E. If the person is medically unstable, the person may be

transported to an appropriate medical facility for medical

treatment. A treating physician may authorize that the person be

detained until the person becomes medically stable. 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.

F. 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

Oklahoma Statutes - Title 43A. Mental Health Page 122

a degree that emergency action is necessary may request the

administrator of a facility designated by the Commissioner as an

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 Section 5-206 of this

title.