Okla. Stat. tit. 43A, § 43A-5-416

A. The court, in considering a commitment petition filed under

Section 5-410 of this title, shall not order hospitalization without

a thorough consideration of available treatment alternatives to

hospitalization, or without addressing the competency of the

consumer to consent to or refuse the treatment that is ordered

including, but not limited to, the rights of the consumer:

1. To be heard concerning the treatment of the consumer; and

2. To refuse medications.

B. 1. If the court, in considering a commitment petition filed

under Section 5-410 of this title, finds that a program other than

hospitalization, including an assisted outpatient treatment program,

is adequate to meet the treatment needs of the individual and is

sufficient to prevent injury to the individual or to others, the

court may order the individual to receive whatever treatment other

than hospitalization is appropriate for a period set by the court;

provided, the court may only order assisted outpatient treatment if

the individual meets the criteria set forth in Section 1-103 of this

title and in subsection F of this section. During this time the

court:

a. shall have continuing jurisdiction over the individual

as a person requiring treatment or an assisted

outpatient, and

b. shall periodically, no less often than annually,

review the treatment needs of the individual and

determine whether or not to continue, discontinue, or

modify the treatment.

2. If at any time it comes to the attention of the court from a

person competent to file or request the filing of a petition,

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pursuant to subsection A of Section 5-410 of this title, that the

individual ordered to undergo a program of alternative treatment to

hospitalization is not complying with the order or that the

alternative treatment program has not been sufficient to prevent

harm or injury which the individual may be inflicting upon himself

or others, the court may order the person to show cause why the

court should not:

a. implement other alternatives to hospitalization,

modify or rescind the original order or direct the

individual to undergo another program of alternative

treatment, if necessary and appropriate, based on

written findings of the court, or

b. enter an order of admission pursuant to the provisions

of this title, directing that the person be committed

to inpatient treatment and, if the individual refuses

to comply with this order of inpatient treatment, the

court may direct a peace officer to take the

individual into protective custody and transport the

person to a public or private facility designated by

the court.

3. The court shall give notice to the person ordered to show

cause and hold the hearing within seventy-two (72) hours of the

notice. The person ordered to undergo a program of alternative

treatment shall not be detained in emergency detention pending the

show cause hearing unless, prior to the emergency detention, the

person has undergone an initial examination and a determination is

made that emergency detention is warranted.

4. If an order of alternative treatment will expire without

further review by the court and it is believed that the individual

continues to require treatment, a person competent to file or

request the filing of a petition, pursuant to subsection A of

Section 5-410 of this title, may file or request the district

attorney file either an application for an extension of the court's

previous order or an entirely new petition for a determination that

the individual is a person requiring treatment or an assisted

outpatient.

5. A hearing on the application or petition filed pursuant to

paragraph 4 of this subsection shall be held within ten (10) days

after the application or petition is filed, unless the court extends

the time for good cause. In setting the matter for hearing, the

court shall consider whether or not the prior orders of the court
dividual is a person requiring treatment or an assisted

outpatient.

5. A hearing on the application or petition filed pursuant to

paragraph 4 of this subsection shall be held within ten (10) days

after the application or petition is filed, unless the court extends

the time for good cause. In setting the matter for hearing, the

court shall consider whether or not the prior orders of the court

will expire during the pendency of the hearing and shall make

appropriate orders to protect the interests of the individual who is

the subject of the hearing.

C. Prior to ordering the inpatient treatment of an individual,

the court shall inquire into the adequacy of treatment to be

provided to the individual by the facility, and inpatient treatment

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shall not be ordered unless the facility in which the individual is

to be treated can provide such person with treatment which is

adequate and appropriate to such person's condition.

D. Nothing in this section shall prohibit the Department of

Mental Health and Substance Abuse Services or the facility or

program providing the alternative treatment from discharging a

person admitted pursuant to this section, at a time prior to the

expiration of the period of alternative treatment, or any extension

thereof. The facility or program providing the alternative

treatment shall file a report with the court outlining the

disposition of each person admitted pursuant to this section within

forty-eight (48) hours after discharge.

E. Notice of any proceedings pursuant to this section shall be

given to the person, the person's guardian, the person's attorney,

and the person filing the petition or application.

F. If the petition alleges the person to be an assisted

outpatient as provided in Section 7 of this act, the court shall not

order assisted outpatient treatment unless the petitioning licensed

mental health professional develops and provides to the court a

proposed written treatment plan. All service providers included in

the treatment plan shall be notified regarding their inclusion in

the written treatment plan. Where deemed advisable, the court may

make a finding that a person is an assisted outpatient and delay the

treatment order until such time as the treatment plan is provided to

the court. Such plan shall be provided to the court no later than

the date set by the court pursuant to subsection J of this section.

G. The licensed mental health professional who develops the

written treatment plan shall provide the following persons with an

opportunity to actively participate in the development of such plan:

1. The assisted outpatient;

2. The treating physician, if any;

3. The treatment advocate as defined in Section 1-109.1 of this

title, if any; and

4. An individual significant to the assisted outpatient,

including any relative, close friend or individual otherwise

concerned with the welfare of the assisted outpatient, upon the

request of the assisted outpatient.

H. The licensed mental health professional shall make a

reasonable effort to gather relevant information for the development

of the treatment plan from a member of the assisted outpatient's

family or significant other. If the assisted outpatient has

executed an advance directive for mental health treatment, the

physician shall consider any directions included in such advance

directive for mental health treatment in developing the written

treatment plan.

I. The court shall not order assisted outpatient treatment

unless the petitioner testifies to explain the proposed written

Oklahoma Statutes - Title 43A. Mental Health Page 153

treatment plan; provided, the parties may stipulate upon mutual

consent that the petitioner need not testify. The petitioner shall

state facts which establish that such treatment is the least

restrictive alternative. If the assisted outpatient has executed an
atient treatment

unless the petitioner testifies to explain the proposed written

Oklahoma Statutes - Title 43A. Mental Health Page 153

treatment plan; provided, the parties may stipulate upon mutual

consent that the petitioner need not testify. The petitioner shall

state facts which establish that such treatment is the least

restrictive alternative. If the assisted outpatient has executed an

advance directive for mental health treatment, the licensed mental

health professional shall state the consideration given to any

directions included in such advance directive for mental health

treatment in developing the written treatment plan. Such testimony

shall be given on the date set by the court pursuant to subsection J

of this section.

J. If the court has yet to be provided with a written treatment

plan at the time of the hearing in which the court finds a person to

be an assisted outpatient, the court shall order such treatment plan

and testimony no later than the third day, excluding Saturdays,

Sundays and holidays, immediately following the date of such hearing

and order; provided, the parties may stipulate upon mutual consent

that such testimony need not be provided. Upon receiving such plan

and any required testimony, the court may order assisted outpatient

treatment as provided in this section.

K. A court may order the patient to self-administer

psychotropic drugs or accept the administration of such drugs by

authorized personnel as part of an assisted outpatient treatment

program. Such order may specify the type and dosage range of such

psychotropic drugs and such order shall be effective for the

duration of such assisted outpatient treatment.

L. A copy of any court order for assisted outpatient treatment

shall be served personally, or by mail, facsimile or electronic

means, upon the assisted outpatient, the assisted outpatient

treatment program and all others entitled to notice under the

provisions of subsection D of Section 5-412 of this title.

M. The initial order for assisted outpatient treatment shall be

for a period of one (1) year. Within thirty (30) days prior to the

expiration of the order, a licensed mental health professional

employed by the Department of Mental Health and Substance Abuse

Services or employed by a community mental health center certified

by the Department pursuant to Section 3-306.1 of this title may file

a petition to extend the order of outpatient treatment. Notice

shall be given in accordance with Section 5-412 of this title. The

court shall hear the petition, review the treatment plan and

determine if the assisted outpatient continues to meet the criteria

for assisted outpatient treatment and such treatment is the least

restrictive alternative. If the court finds the assisted outpatient

treatment should continue, it will make such an order extending the

assisted treatment an additional year and order the treatment plan

updated as necessary. Subsequent extensions of the order may be

obtained in the same manner. If the court's disposition of the

motion does not occur prior to the expiration date of the current

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order, the current order shall remain in effect for up to thirty
r extending the

assisted treatment an additional year and order the treatment plan

updated as necessary. Subsequent extensions of the order may be

obtained in the same manner. If the court's disposition of the

motion does not occur prior to the expiration date of the current

Oklahoma Statutes - Title 43A. Mental Health Page 154

order, the current order shall remain in effect for up to thirty

(30) additional days until such disposition.

N. In addition to any other right or remedy available by law

with respect to the order for assisted outpatient treatment, the

assisted outpatient or anyone acting on the assisted outpatient's

behalf may petition the court on notice to every facility providing

treatment pursuant to the assisted outpatient treatment order to

stay, vacate or modify the order.

O. Facilities providing treatment pursuant to the assisted

outpatient treatment order shall petition the court for approval

before instituting a proposed material change in the assisted

outpatient treatment plan, unless such change is authorized by the

order of the court. Such petition shall be filed on notice to the

assisted outpatient, any treatment advocate designated by the

assisted outpatient pursuant to this title, any attorney

representing the assisted outpatient, and any guardian appointed by

the court to represent the assisted outpatient. Not later than five

(5) days after receiving such petition, excluding Saturdays, Sundays

and holidays, the court shall hold a hearing on the petition;

provided, that if the assisted outpatient informs the court that he

or she agrees to the proposed material change, the court may approve

such change without a hearing. Nonmaterial changes may be

instituted to the assisted outpatient treatment plan without court

approval. For the purposes of this subsection, a material change is

an addition or deletion of a category of services to or from a

current assisted outpatient treatment plan or any deviation, without

the assisted outpatient's consent, from the terms of a current order

relating to the administration of psychotropic drugs.

P. Where, in the clinical judgment of a licensed mental health

professional:

1. The assisted outpatient has failed or refused to comply with

the assisted outpatient treatment;

2. Efforts were made to solicit compliance; and

3. Such assisted outpatient appears to be a person requiring

treatment,

the licensed mental health professional may cause the assisted

outpatient to be taken into protective custody pursuant to the

provisions of Sections 5-206 through 5-209 of this title or may

refer or initiate proceedings pursuant to Sections 5-410 through 5-

415 of this title for involuntary commitment to a hospital, or may

return the assisted outpatient to a facility providing treatment

pursuant to the assisted outpatient treatment plan to determine if

the assisted outpatient will comply with the treatment plan.

Failure or refusal to comply with assisted outpatient treatment

shall include, but not be limited to, a substantial failure to take

medication, to submit to blood testing or urinalysis where such is

part of the treatment plan, failure of such tests or failure to

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receive treatment for alcohol or substance abuse if such is part of

the treatment plan.

Q. Failure to comply with an order of assisted outpatient

treatment shall not be grounds for involuntary civil commitment or a

finding of contempt of court.