1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1862 By: Haste
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6 AS INTRODUCED
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7 An Act relating to mental health; amending 43A O.S.
7 2021, Section 1-110, as amended by Section 2, Chapter
8 28, 1st Extraordinary Session, O.S.L. 2023 (43A O.S.
8 Supp. 2023, Section 1-110), which relates to
9 transportation of persons for mental health services;
9 transferring certain duty to the Department of Mental
10 Health and Substance Abuse Services under specified
10 circumstances; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 43A O.S. 2021, Section 1-110, as
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15 amended by Section 2, Chapter 28, 1st Extraordinary Session, O.S.L.
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16 2023 (43A O.S. Supp. 2023, Section 1-110), is amended to read as
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17 follows:
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18 Section 1-110. A. As an alternative to transport under
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19 subsection B of this section for the sole purpose of initial
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20 assessment of a person who the officer reasonably believes is a
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21 person requiring treatment, as defined in Section 1-103 of this
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22 title, sheriffs and peace officers may request an assessment at the
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23 point of initial contact by the Department of Mental Health and
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 1 Substance Abuse Services. To conduct the assessment, the Department
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2 may utilize:
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3 1. Telemedicine, when such capability is available through a
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4 mobile computing device in the possession of the local law
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5 enforcement agency, to have the person assessed by a licensed mental
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6 health professional employed by or under contract with a facility
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7 operated by, certified by, or contracted with the Department; or
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8 2. An in-person assessment by a licensed mental health
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9 professional on a mobile crisis response team or who is employed by
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10 or under contract with a facility operated by, certified by, or
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11 contracted with the Department.
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12 B. 1. To serve the mental health needs of persons of their
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13 jurisdiction, peace officers shall be responsible for transporting
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14 individuals in need of:
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15 a. initial assessment, except when the individual has
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16 been assessed at the point of initial contact by the
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17 Department under subsection A of this section, or
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18 b. emergency detention or protective custody under
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19 Section 5-207 of this title, unless the officer has
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20 already transported the individual to the facility for
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21 initial assessment,
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22 from the point of initial contact to the nearest facility, as
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23 defined in Section 1-103 of this title, that is appropriate for
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 1 initial assessment or treatment of the individual within a thirty-
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2 mile radius of the peace officer’s operational headquarters.
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3 2. Transportation to the nearest appropriate facility shall be
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4 completed by either the Department of Mental Health and Substance
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5 Abuse Services or an entity contracted by the Department for
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6 alternative transportation if:
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7 a. there is not an appropriate facility within a thirty-
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8 mile radius of the peace officer’s operational
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9 headquarters, or
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10 b. the officer has already transported the individual to
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11 an appropriate facility for initial assessment.
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12 3. For purposes of this section, “initial contact” is defined
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13 as contact with an individual in need of assessment, emergency
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14 detention, or protective custody made by a law enforcement officer.
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15 Initial contact in this section does not include an individual self-
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16 presenting at a facility as defined in Section 1-103 of this title.
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17 4. When an individual self-presents at a facility as defined in
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18 Section 1-103 of this title or at a medical facility and is placed
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19 into protective custody under Section 5-207 of this title due to a
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20 determination that the individual is a person requiring treatment as
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21 defined in Section 1-103 of this title, and if transport to another
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22 facility is needed for initial assessment or treatment, the person
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23 shall be transported to the nearest appropriate facility as provided
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 1 by this subsection by the Department or an entity contracted by the
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2 Department for alternative transportation.
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3 5. When an individual self-presents at a facility as defined in
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4 Section 1-103 of this title or at a medical facility and is not
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5 placed into protective custody under Section 5-207 of this title,
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6 but consents to voluntary transport to a facility as defined in
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7 Section 1-103 of this title for treatment, transport or the
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8 arrangement of transport shall be the responsibility of the facility
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9 receiving the individual, unless the individual chooses to arrange
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10 his or her own transportation.
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11 6. The transportation requirements provided by this subsection,
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12 to the extent such requirements are applicable to peace officers,
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13 shall be considered fulfilled once the person has been transported
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14 to the facility, the officer has made contact with the appropriate
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15 staff of the facility, and the staff of the facility have determined
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16 that the patient does not present a clear or immediate threat to his
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17 or her own safety or to the safety of the staff of the facility.
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18 Once custody of the individual has been transferred to the
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19 appropriate facility staff, the peace officer shall not be required
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20 to remain at the facility with the individual pending initial
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21 assessment or treatment.
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22 C. A municipal law enforcement agency shall be responsible for
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23 transportation as provided in this section for any individual found
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24 within such municipality’s jurisdiction. The county sheriff shall
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 1 be responsible for transportation as provided in this section for
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2 any individual found outside of a municipality’s jurisdiction, but
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3 within the county.
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4 D. Once an individual has been presented to an appropriate
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5 facility as provided in subsection B of this section, the Department
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6 of Mental Health and Substance Abuse Services or an entity
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7 contracted by the Department shall be responsible for any subsequent
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8 transportation of such individual.
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9 E. Sheriffs and peace officers shall be entitled to
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10 reimbursement from the Department of Mental Health and Substance
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11 Abuse Services for transportation services associated with minors or
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12 adults requiring initial assessment, emergency detention, protective
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13 custody, and inpatient services.
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14 F. Any transportation provided by a sheriff or deputy sheriff
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15 or a peace officer on behalf of any county, city, town, or
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16 municipality of this state, to or from any facility for the purpose
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17 of initial assessment, admission, interfacility transfer, medical
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18 treatment, or court appearance shall be reimbursed in accordance
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19 with the provisions of the State Travel Reimbursement Act.
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20 G. Nothing in this section shall prohibit a law enforcement
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21 agency or the Department of Mental Health and Substance Abuse
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22 Services from entering into a lawful agreement with any other law
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23 enforcement agency to fulfill the requirements established by this
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24 section or from contracting with a third party to provide the
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 1 services established by this section, provided the third party meets
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2 minimum standards as determined by the Department.
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3 H. A law enforcement agency shall not be liable for the actions
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4 of a peace officer commissioned by the agency when such officer is
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5 providing services as a third party pursuant to subsection G of this
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6 section outside his or her primary employment as a peace officer.
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7 I. 1. For purposes of transportation completed by the
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8 Department of Mental Health and Substance Abuse Services or an
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9 entity contracted by the Department as required by this section, the
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10 use of mechanical restraints shall not be applied to an individual
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11 being transported unless:
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12 a. the individual being transported physically assaults
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13 or attempts to physically assault the person lawfully
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14 conducting the transportation of the individual
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15 pursuant to the provisions of this section and the
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16 person lawfully conducting the transportation believes
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17 such restraints are necessary for the safety of
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18 himself or herself or the protection of others,
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19 b. the individual being transported attempts or causes
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20 serious physical injury to self and the person
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21 lawfully conducting the transportation believes such
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22 restraints are necessary for the safety of the
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23 individual being transported, or
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 1 c. the individual being transported has a propensity
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2 toward violence as indicated by past transports,
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3 criminal charges, or mental health history and as
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4 identified in the transport request form, and the
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5 person lawfully conducting the transportation believes
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6 such restraints are necessary for the safety of
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7 himself or herself, for the safety of the individual
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8 being transported, or for the protection of others.
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9 2. The mechanical restraint shall be continued for no longer
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10 than is necessary under the circumstances described in paragraph 1
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11 of this subsection. Every use of a mechanical restraint, the
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12 reasons, and the length of time, shall be made a part of the
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13 clinical record of the consumer under the signature of the
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14 individual responsible for the transportation as required by this
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15 section.
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16 SECTION 2. This act shall become effective November 1, 2024.
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18 59-2-2619 DC 1/17/2024 7:09:21 PM
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