1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3451 By: Boatman
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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 1-103, as amended by Section 1, Chapter
8 297, O.S.L. 2022 (43A O.S. Supp. 2023, Section 1-
8 103), which relates to definitions; clarifying a
9 definition; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 43A O.S. 2021, Section 1-103, as
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14 amended by Section 1, Chapter 297, O.S.L. 2022 (43A O.S. Supp. 2023,
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15 Section 1-103), is amended to read as follows:
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16 When used in this title, unless otherwise expressly stated, or
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17 unless the context or subject matter otherwise requires:
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18 1. "Department" means the Department of Mental Health and
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19 Substance Abuse Services;
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20 2. "Chair" means the chair of the Board of Mental Health and
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21 Substance Abuse Services;
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22 3. "Mental illness" means a substantial disorder of thought,
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23 mood, perception, psychological orientation or memory that
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 1 significantly impairs judgment, behavior, capacity to recognize
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2 reality or ability to meet the ordinary demands of life;
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3 4. "Board" means the Board of Mental Health and Substance Abuse
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4 Services as established by the Mental Health Law;
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5 5. "Commissioner" means the Commissioner of Mental Health and
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6 Substance Abuse Services;
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7 6. "Indigent person" means a person who has not sufficient
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8 assets or resources to support the person and to support members of
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9 the family of the person lawfully dependent on the person for
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10 support;
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11 7. "Facility" means any hospital, school, building, house or
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12 retreat, authorized by law to have the care, treatment or custody of
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13 an individual with mental illness, or drug or alcohol dependency,
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14 gambling addiction, eating disorders, an opioid substitution
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15 treatment program including, but not limited to, public or private
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16 hospitals, community mental health centers, clinics, satellites or
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17 facilities; provided, that facility shall not mean a child guidance
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18 center operated by the State Department of Health;
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19 8. "Consumer" means a person under care or treatment in a
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20 facility pursuant to the Mental Health Law, or in an outpatient
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21 status;
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22 9. "Care and treatment" means medical care and behavioral
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23 health services, as well as food, clothing and maintenance,
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24 furnished to a person;
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 1 10. Whenever in this law or in any other law, or in any rule or
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2 order made or promulgated pursuant to this law or to any other law,
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3 or in the printed forms prepared for the admission of consumers or
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4 for statistical reports, the words "insane", "insanity", "lunacy",
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5 "mentally sick", "mental disease" or "mental disorder" are used,
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6 such terms shall have equal significance to the words "mental
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7 illness";
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8 11. "Licensed mental health professional" means:
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9 a. a psychiatrist who is a diplomate of the American
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10 Board of Psychiatry and Neurology,
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11 b. a psychiatrist who is a diplomate of the American
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12 Osteopathic Board of Neurology and Psychiatry,
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13 c. a physician licensed pursuant to the Oklahoma
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14 Allopathic Medical and Surgical Licensure and
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15 Supervision Act or the Oklahoma Osteopathic Medicine
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16 Act,
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17 d. a clinical psychologist who is duly licensed to
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18 practice by the State Board of Examiners of
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19 Psychologists,
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20 e. a professional counselor licensed pursuant to the
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21 Licensed Professional Counselors Act,
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22 f. a person licensed as a clinical social worker pursuant
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23 to the provisions of the Social Worker's Licensing
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24 Act,
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 1 g. a licensed marital and family therapist as defined in
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2 the Marital and Family Therapist Licensure Act,
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3 h. a licensed behavioral practitioner as defined in the
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4 Licensed Behavioral Practitioner Act,
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5 i. an advanced practice nurse as defined in the Oklahoma
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6 Nursing Practice Act,
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7 j. a physician's assistant who is licensed in good
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8 standing in this state, or
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9 k. a licensed drug and alcohol counselor/mental health
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10 (LADC/MH) as defined in the Licensed Alcohol and Drug
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11 Counselors Act;
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12 12. "Mentally incompetent person" means any person who has been
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13 adjudicated mentally or legally incompetent by an appropriate
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14 district court;
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15 13. a. "Person requiring treatment" means a person who
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16 because of his or her mental illness or drug or
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17 alcohol dependency:
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18 (1) poses a substantial risk of immediate physical
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19 harm to self, or has a verifiable relevant past
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20 history of posing such risk of harm, as
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21 manifested by evidence or serious threats of or
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22 attempts at suicide or other significant self-
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23 inflicted bodily harm,
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 1 (2) poses a substantial risk of immediate physical
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2 harm to another person or, persons, or property,
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3 or has a verifiable relevant past history of
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4 posing such risk of harm, as manifested by
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5 evidence of violent behavior directed toward
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6 another person or persons or extreme destruction
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7 of property,
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8 (3) has placed another person or persons in a
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9 reasonable fear of violent behavior directed
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10 towards such person or persons or serious
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11 physical harm to them as manifested by serious
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12 and immediate threats,
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13 (4) is in a condition of severe deterioration such
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14 that, without immediate intervention, there
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15 exists a substantial risk that severe mental
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16 impairment or physical injury will result to the
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17 person, or
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18 (5) poses a substantial risk of immediate serious
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19 physical injury to self or death, or has a
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20 verifiable relevant past history of posing such
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21 risks of harm, as manifested by evidence that the
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22 person is unable to provide for and is not
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23 providing for his or her basic physical needs.
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 1 b. The To the extent it is reasonably available, the
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2 mental health or substance abuse history of the person
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3 shall be considered and may be used proffered as part
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4 of the evidence to determine whether the person is a
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5 person requiring treatment or an assisted outpatient.
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6 The mental health or substance abuse history of the
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7 person shall not be the sole basis for this
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8 determination.
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9 c. Unless a person also meets the criteria established in
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10 subparagraph a or b of this paragraph, "person
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11 requiring treatment" or an "assisted outpatient" shall
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12 not mean:
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13 (1) a person whose mental processes have been
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14 weakened or impaired by reason of advanced years,
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15 dementia, or Alzheimer's disease,
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16 (2) a person with intellectual or developmental
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17 disability as defined in Title 10 of the Oklahoma
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18 Statutes,
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19 (3) a person with seizure disorder,
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20 (4) a person with a traumatic brain injury, or
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21 (5) a person who is homeless.
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22 d. (1) A person who meets the criteria established in
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23 this paragraph but who is medically unstable may
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24 be discharged and transported in accordance with
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 1 Section 1-110 of this title. Alternatively, if
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2 the facility holding the person is able to treat
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3 the additional medical conditions of that person,
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4 the facility may treat the additional medical
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5 conditions in an effort to medically stabilize
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6 the patient.
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7 (2) If the facility holding the person is unable to
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8 treat the additional medical conditions of a
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9 person who meets the criteria established in this
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10 paragraph, the patient shall be discharged and
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11 transported in accordance with Section 1-110 of
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12 this title;
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13 14. "Petitioner" means a person who files a petition alleging
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14 that an individual is a person requiring treatment or an assisted
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15 outpatient;
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16 15. "Executive director" means the person in charge of a
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17 facility as defined in this section;
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18 16. "Private hospital or facility" means any general hospital
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19 maintaining a neuro-psychiatric unit or ward, or any private
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20 hospital or facility for care and treatment of a person having a
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21 mental illness, which is not supported by the state or federal
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22 government. The term "private hospital" or "facility" shall not
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23 include nursing homes or other facilities maintained primarily for
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24 the care of elderly and disabled persons;
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 1 17. "Individualized treatment plan" means a proposal developed
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2 during the stay of an individual in a facility, under the provisions
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3 of this title, which is specifically tailored to the treatment needs
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4 of the individual. Each plan shall clearly include the following:
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5 a. a statement of treatment goals or objectives, based
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6 upon and related to a clinical evaluation, which can
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7 be reasonably achieved within a designated time
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8 interval,
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9 b. treatment methods and procedures to be used to obtain
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10 these goals, which methods and procedures are related
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11 to each of these goals and which include specific
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12 prognosis for achieving each of these goals,
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13 c. identification of the types of professional personnel
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14 who will carry out the treatment procedures including
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15 appropriate medical or other professional involvement
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16 by a physician or other health professional properly
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17 qualified to fulfill legal requirements mandated under
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18 state and federal law,
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19 d. documentation of involvement by the individual
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20 receiving treatment and, if applicable, the accordance
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21 of the individual with the treatment plan, and
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22 e. a statement attesting that the executive director of
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23 the facility or clinical director has made a
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24 reasonable effort to meet the plan's individualized
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 1 treatment goals in the least restrictive environment
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2 possible closest to the home community of the
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3 individual;
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4 18. "Telemedicine" means technology-enabled health and care
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5 management and delivery systems that extend capacity and access,
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6 which includes:
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7 a. synchronous mechanisms, which may include live
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8 audiovisual interaction between a patient and a health
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9 care professional or real-time provider to provider
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10 consultation through live interactive audiovisual
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11 means,
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12 b. asynchronous mechanisms, which include store and
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13 forward transfers, online exchange of health
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14 information between a patient and a health care
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15 professional and online exchange of health information
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16 between health care professionals, but shall not
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17 include the use of automated text messages or
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18 automated mobile applications that serve as the sole
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19 interaction between a patient and a health care
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20 professional,
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21 c. remote patient monitoring, and
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22 d. other electronic means that support clinical health
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23 care, professional consultation, patient and
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 1 professional health-related education, public health
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2 and health administration;
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3 19. "Recovery and recovery support" means nonclinical services
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4 that assist individuals and families to recover from alcohol or drug
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5 problems. They include social support, linkage to and coordination
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6 among allied service providers including but not limited to
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7 transportation to and from treatment or employment, employment
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8 services and job training, case management and individual services
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9 coordination, life skills education, relapse prevention, housing
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10 assistance, child care, and substance abuse education;
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11 20. "Assisted outpatient" means a person who:
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12 a. is either currently under the care of a facility
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13 certified by the Department of Mental Health and
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14 Substance Abuse Services as a Community Mental Health
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15 Center, or is being discharged from the custody of the
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16 Oklahoma Department of Corrections, or is being
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17 discharged from a residential placement by the Office
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18 of Juvenile Affairs,
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19 b. is suffering from a mental illness,
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20 c. is unlikely to survive safely in the community without
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21 supervision, based on a clinical determination,
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22 d. has a history of lack of compliance with treatment for
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23 mental illness that has:
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 1 (1) prior to the filing of a petition, at least twice
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2 within the last thirty-six (36) months been a
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3 significant factor in necessitating
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4 hospitalization or treatment in a hospital or
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5 residential facility including admission to a
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6