House Bill No. 2137 amends Section 1175.8 of Title 22 of the Oklahoma Statutes, focusing on the procedures for administering medication to individuals deemed incompetent to stand trial. The bill mandates that the Department of Mental Health and Substance Abuse Services must notify the court, the prosecuting office, and the individual's attorney when seeking to administer medication to a person who lacks the capacity to consent or refuses medication. It establishes a process for filing applications for court orders to authorize medication, which must include specific information such as the treating physician's assessment, an individualized treatment plan, and the proposed method of administration. Hearings on these applications are required to be held within 30 days, unless good cause is shown.
Additionally, the bill outlines the rights of individuals subject to medication orders, including the right to legal representation, timely notice of hearings, and the ability to request an independent expert. It stipulates that medication can only be ordered if the petitioner provides clear and convincing evidence of the necessity and appropriateness of involuntary medication. The court is required to make specific findings regarding the individual's capacity to consent and the state's interest in overriding that lack of consent. The order for medication will remain effective for the duration of the individual's involuntary commitment. The bill is set to take effect on November 1, 2025.