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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43A, § 43A-5-206: Definitions

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Where this section sits in the code
  1. OK Code
  2. Title 43A

As used in Sections 5-206 through 5-209 of this title:

1. "Mental health evaluation" means the examination of a

person, either in person or via telemedicine, who appears to have a

mental illness or be alcohol- or drug-dependent by two licensed

mental health professionals, at least one of whom is a psychiatrist

who is a diplomat of the American Board of Psychiatry and Neurology,

a licensed clinical psychologist, or a licensed Doctor of Medicine

or Doctor of Osteopathy who has received specific training for and

is experienced in performing mental health therapeutic, diagnostic,

or counseling functions, for the purpose of:

a. determining if a petition requesting involuntary

commitment or treatment is warranted,

b. completing a mental health evaluation pursuant to

Section 5-414 of this title, or

c. both subparagraphs a and b of this paragraph;

2. "Initial assessment (medical necessity review)" means the

examination of a person, either in person or via telemedicine, who

appears to be a mentally ill person, an alcohol-dependent person, or

a drug-dependent person and a person requiring treatment, whose

condition is such that it appears that emergency detention may be

warranted by a licensed mental health professional at a facility

approved by the Commissioner of Mental Health and Substance Abuse

Services, or a designee, as appropriate for such examination to

determine if emergency detention of the person is warranted;

3. "Emergency detention" means the detention of a person who

appears to be a person requiring treatment in a facility approved by

the Commissioner of Mental Health and Substance Abuse Services as

appropriate for such detention after the completion of an emergency

examination, either in person or via telemedicine, and a

determination that emergency detention is warranted for a period not

to exceed one hundred twenty (120) hours or five (5) days, excluding

weekends and holidays, except upon a court order authorizing

detention beyond this period or pending the hearing on a petition

requesting involuntary commitment or treatment as provided by

Section 5-206 et seq. of this title. If during the emergency

detention a person who appears to be a person requiring treatment

becomes medically unstable, the time limit on the emergency

detention period stipulated in this paragraph shall be tolled until

the person who appears to be a person requiring treatment is

medically stabilized;

4. "Protective custody" means the taking into protective

custody and detention of a person pursuant to the provisions of

Section 5-208 of this title until such time as an emergency

examination is completed and a determination is made as to whether

or not emergency detention is warranted; and

5. "Prehearing detention" means the court-ordered detention of

a person who is alleged to be mentally ill, alcohol-dependent, or

drug-dependent in a facility approved by the Commissioner as

appropriate for such detention, pending a hearing on a petition

requesting involuntary commitment or treatment as provided by

Section 5-415 of this title.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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