Okla. Stat. tit. 43A, § 43A-5-208

A. 1. A consumer in protective custody as provided by Section

5-207 of this title shall be subject to an initial assessment at the

appropriate facility by a licensed mental health professional within

twelve (12) hours of being placed in protective custody for the

purpose of determining whether emergency detention of the consumer

is warranted. The initial assessment of the consumer shall include

an appropriate screening and assessment process, as determined by

the Department of Mental Health and Substance Abuse Services,

designed to identify possible alcohol or drug abuse or dependency.

2. If, upon examination, the licensed mental health

professional determines that the consumer is not a person requiring

treatment or that the condition of the consumer is such that

emergency detention is not warranted, the consumer shall either be

returned by an officer immediately to the point where the consumer

was taken into protective custody and released or taken to the home

or residence of such consumer or to an alternative facility. If the

home or residence of the consumer is a nursing home or group home,

such home shall not refuse the return of the consumer to his or her

residence.

3. If, upon examination, the licensed mental health

professional determines that the consumer is a person requiring

treatment to a degree that emergency detention is warranted, the

licensed mental health professional shall immediately prepare a

statement describing the findings of the examination and stating the

basis for the determination, and the consumer shall be detained in

emergency detention for a period not to exceed one hundred twenty

(120) hours or five (5) days, excluding weekends and holidays,

Oklahoma Statutes - Title 43A. Mental Health Page 125

except upon a court order authorizing detention pending a hearing on

a petition requesting involuntary commitment or treatment.

4. During the emergency detention period:

a. a mental health evaluation of the consumer shall be

conducted by two licensed mental health professionals

and, if the consumer appears to have a mental illness

or be alcohol- or drug-dependent and be a consumer

requiring treatment, and

b. reasonable efforts shall be made to determine whether

the consumer has a current and unrevoked advance

directive executed pursuant to the Advance Directives

for Mental Health Treatment Act.

5. If during the emergency detention the consumer becomes

medically unstable, the time limit on the emergency detention period

stipulated in paragraph 3 of this subsection shall be tolled until

the consumer is treated at a medical facility and is medically

stabilized.

B. 1. If a licensed mental health professional, designated to

have the responsibility by the executive director or person in

charge of a hospital, or the executive director or person in charge

of a facility designated by the Commissioner of Mental Health and

Substance Abuse Services as appropriate for emergency detention

believes a voluntary consumer to be a person requiring treatment to

a degree that emergency action is necessary, the hospital or

facility may detain such consumer in emergency detention for a

period not to exceed one hundred twenty (120) hours or five (5)

days, excluding weekends and holidays, only on the following

conditions:

a. the consumer has refused to consent or has withdrawn

consent to voluntary treatment,

b. the consumer has been examined by a licensed mental

health professional who has determined that the

consumer is a person requiring treatment, the

condition of the consumer is such that emergency

detention is warranted, and a statement has been

prepared as provided in subsection A of this section,

and

c. the executive director or person in charge or the

designee shall provide for a mental health evaluation

of the consumer by two licensed mental health

professionals.

2. If during the emergency detention the consumer becomes
ment, the

condition of the consumer is such that emergency

detention is warranted, and a statement has been

prepared as provided in subsection A of this section,

and

c. the executive director or person in charge or the

designee shall provide for a mental health evaluation

of the consumer by two licensed mental health

professionals.

2. If during the emergency detention the consumer becomes

medically unstable, the time limit on the emergency detention period

stipulated in paragraph 1 of this subsection shall be tolled until

the consumer is treated at a medical facility and is medically

stabilized.

Oklahoma Statutes - Title 43A. Mental Health Page 126

C. Whenever it appears that a consumer detained pursuant to the

provisions of this section is no longer a person requiring treatment

and will not require treatment beyond the period of detention, the

consumer shall be discharged and returned by an officer to the point

where he or she was taken into protective custody, or if the

consumer had not been in protective custody, the consumer shall be

taken to the home or residence of the consumer or to an alternative

facility. If the home or residence of the consumer is a nursing

home or group home, it shall not refuse the return of the consumer

to his or her residence.

D. Whenever it appears that a person detained as provided by

this section will require treatment beyond the period of emergency

detention and the person has refused to consent to voluntary

treatment, a licensed mental health professional conducting an

evaluation of the person or the executive director of the facility

in which the person is being detained, or the designee of the

executive director, shall immediately file a petition or request the

district attorney to file a petition with the district court as

provided by Section 5-410 of this title, and may request a court

order directing prehearing detention when such detention is

necessary for the protection of the person or others.