{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-1-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-1-103","heading":"Definitions","body":"When used in this title, unless otherwise expressly stated, or\n\nunless the context or subject matter otherwise requires:\n\n1. “Department” means the Department of Mental Health and\n\nSubstance Abuse Services;\n\n2. “Chair” means the chair of the Board of Mental Health and\n\nSubstance Abuse Services;\n\n3. “Mental illness” means a substantial disorder of thought,\n\nmood, perception, psychological orientation or memory that\n\nsignificantly impairs judgment, behavior, capacity to recognize\n\nreality or ability to meet the ordinary demands of life;\n\n4. “Board” means the Board of Mental Health and Substance Abuse\n\nServices as established by the Mental Health Law;\n\n5. “Commissioner” means the Commissioner of Mental Health and\n\nSubstance Abuse Services;\n\n6. “Indigent person” means a person who does not have\n\nsufficient assets or resources to support the person and to support\n\nmembers of the family of the person lawfully dependent on the person\n\nfor support;\n\n7. “Facility” means any hospital, school, building, house or\n\nretreat, authorized by law to have the care, treatment or custody of\n\nan individual with mental illness, drug or alcohol dependency,\n\ngambling addiction, or an eating disorder including, but not limited\n\nto, public or private hospitals, community mental health centers,\n\nclinics, satellites, and community-based structured crisis centers;\n\nprovided, that facility shall not mean a child guidance center\n\noperated by the State Department of Health;\n\n8. “Consumer” means a person under care or treatment in a\n\nfacility pursuant to the Mental Health Law, or in an outpatient\n\nstatus;\n\n9. “Care and treatment” means medical care and behavioral\n\nhealth services, as well as food, clothing and maintenance,\n\nfurnished to a person;\n\n10. Whenever in this law or in any other law, or in any rule or\n\norder made or promulgated pursuant to this law or to any other law,\n\nor in the printed forms prepared for the admission of consumers or\n\nfor statistical reports, the words “insane”, “insanity”, “lunacy”,\n\n“mentally sick”, “mental disease” or “mental disorder” are used,\n\nsuch terms shall have equal significance to the words “mental\n\nillness”;\n\n11. “Licensed mental health professional” means:\n\na. a psychiatrist who is a diplomate of the American\n\nBoard of Psychiatry and Neurology,\n\nb. a psychiatrist who is a diplomate of the American\n\nOsteopathic Board of Neurology and Psychiatry,\n\nc. a physician licensed pursuant to the Oklahoma\n\nAllopathic Medical and Surgical Licensure and\n\nSupervision Act or the Oklahoma Osteopathic Medicine\n\nAct,\n\nd. a clinical psychologist who is duly licensed to\n\npractice by the State Board of Examiners of\n\nPsychologists,\n\ne. a professional counselor licensed pursuant to the\n\nLicensed Professional Counselors Act,\n\nf. a person licensed as a clinical social worker pursuant\n\nto the provisions of the Social Worker’s Licensing\n\nAct,\n\ng. a licensed marital and family therapist as defined in\n\nthe Marital and Family Therapist Licensure Act,\n\nh. a licensed behavioral practitioner as defined in the\n\nLicensed Behavioral Practitioner Act,\n\ni. an advanced practice nurse as defined in the Oklahoma\n\nNursing Practice Act,\n\nj. a physician’s assistant who is licensed in good\n\nstanding in this state, or\n\nk. a licensed alcohol and drug counselor/mental health\n\n(LADC/MH) as defined in the Licensed Alcohol and Drug\n\nCounselors Act;\n\n12. “Mentally incompetent person” means any person who has been\n\nadjudicated mentally or legally incompetent by an appropriate\n\ndistrict court;\n\n13. a. “Person requiring treatment” means a person who\n\nbecause of his or her mental illness or drug or\n\nalcohol dependency meets at least one of the\n\nfollowing:\n\n(1) poses a substantial risk of immediate physical\n\nharm to self as manifested by evidence or serious\n\nthreats of or attempts at suicide or other\n\nsignificant self-inflicted bodily harm,\nly incompetent by an appropriate\n\ndistrict court;\n\n13. a. “Person requiring treatment” means a person who\n\nbecause of his or her mental illness or drug or\n\nalcohol dependency meets at least one of the\n\nfollowing:\n\n(1) poses a substantial risk of immediate physical\n\nharm to self as manifested by evidence or serious\n\nthreats of or attempts at suicide or other\n\nsignificant self-inflicted bodily harm,\n\n(2) poses a substantial risk of immediate physical\n\nharm to another person or persons as manifested\n\nby evidence of violent behavior directed toward\n\nanother person or persons,\n\n(3) has placed another person or persons in a\n\nreasonable fear of violent behavior directed\n\ntowards such person or persons or serious\n\nphysical harm to them as manifested by serious\n\nand immediate threats,\n\n(4) is in a condition of severe deterioration that is\n\ncontinuing, as has been observed within the\n\nprevious seventy-two-hour period such that,\n\nwithout immediate intervention, there exists a\n\nsubstantial risk that severe impairment or injury\n\nwill result to the person, or\n\n(5) poses a substantial risk of immediate serious\n\nphysical injury to self or death as manifested by\n\nevidence that the person is unable to provide for\n\nand is not providing for his or her basic\n\nphysical needs.\n\nb. To the extent it is reasonably available, the relevant\n\nmental health or substance abuse history of the person\n\nshall be considered and may be proffered as part of\n\nthe evidence to determine whether the person is a\n\nperson requiring treatment or an assisted outpatient.\n\nThe mental health or substance abuse history of the\n\nperson shall not be the sole basis for this\n\ndetermination.\n\nc. In determining whether the person is a person\n\nrequiring treatment, the following shall also be\n\nconsidered along with any other relevant information:\n\n(1) the person’s history of violence or criminal acts\n\nincluding unadjudicated criminal acts if evidence\n\nof the person’s culpability is evident or\n\nestablished,\n\n(2) the person’s history of compliance with mental\n\nand behavioral health medication and treatment,\n\n(3) the probability and result of the person’s\n\nnoncompliance with medication and treatment if\n\nnot committed,\n\n(4) the consumer’s history of using weapons in an\n\nillegal or unsafe manner, and\n\n(5) any previous instances of harm, attempted harm,\n\nor threatened harm to self or others.\n\nd. Unless a person also meets the criteria established in\n\nsubparagraph a, b, or c of this paragraph, “person\n\nrequiring treatment” or an “assisted outpatient” shall\n\nnot mean:\n\n(1) a person whose mental processes have been\n\nweakened or impaired by reason of advanced years,\n\ndementia, or Alzheimer’s disease,\n\n(2) a person who is an individual with intellectual\n\ndisability or developmental disability as defined\n\nin Section 1408 of Title 10 of the Oklahoma\n\nStatutes,\n\n(3) a person with seizure disorder,\n\n(4) a person with a traumatic brain injury, or\n\n(5) a person who is homeless.\n\ne. (1) A person who meets the criteria established in\n\nthis paragraph but who is medically unstable may\n\nbe discharged and transported in accordance with\n\nSection 1-110 of this title. Alternatively, if\n\nthe facility holding the person is able to treat\n\nthe additional medical conditions of that person,\n\nthe facility may treat the additional medical\n\nconditions in an effort to medically stabilize\n\nthe patient.\n\n(2) If the facility holding the person is unable to\n\ntreat the additional medical conditions of a\n\nperson who meets the criteria established in this\n\nparagraph, the patient shall be discharged and\n\ntransported in accordance with Section 1-110 of\n\nthis title.\nical conditions of that person,\n\nthe facility may treat the additional medical\n\nconditions in an effort to medically stabilize\n\nthe patient.\n\n(2) If the facility holding the person is unable to\n\ntreat the additional medical conditions of a\n\nperson who meets the criteria established in this\n\nparagraph, the patient shall be discharged and\n\ntransported in accordance with Section 1-110 of\n\nthis title.\n\n(3) All time elapsed during medical stabilization\n\ntolls the twelve-hour time for an initial\n\nassessment pursuant to paragraph 1 of subsection\n\nA of Section 5-208 of this title, and the one-\n\nhundred-twenty-hour emergency detention time\n\npursuant to paragraph 3 of subsection A of\n\nSection 5-208 of this title;\n\n14. “Petitioner” means a person who files a petition alleging\n\nthat an individual is a person requiring treatment or an assisted\n\noutpatient;\n\n15. “Executive director” means the person in charge of a\n\nfacility as defined in this section;\n\n16. “Private hospital or facility” means any general hospital\n\nmaintaining a neuro-psychiatric unit or ward, or any private\n\nhospital or facility for care and treatment of a person having a\n\nmental illness, which is not supported by the state or federal\n\ngovernment. The term “private hospital” or “facility” shall not\n\ninclude nursing homes or other facilities maintained primarily for\n\nthe care of elderly and disabled persons;\n\n17. “Individualized treatment plan” means a proposal developed\n\nduring the stay of an individual in a facility, under the provisions\n\nof this title, which is specifically tailored to the treatment needs\n\nof the individual. Each plan shall clearly include the following:\n\na. a statement of treatment goals or objectives, based\n\nupon and related to a clinical evaluation, which can\n\nbe reasonably achieved within a designated time\n\ninterval,\n\nb. treatment methods and procedures to be used to obtain\n\nthese goals, which methods and procedures are related\n\nto each of these goals and which include specific\n\nprognosis for achieving each of these goals,\n\nc. identification of the types of professional personnel\n\nwho will carry out the treatment procedures including\n\nappropriate medical or other professional involvement\n\nby a physician or other health professional properly\n\nqualified to fulfill legal requirements mandated under\n\nstate and federal law,\n\nd. documentation of involvement by the individual\n\nreceiving treatment and, if applicable, the accordance\n\nof the individual with the treatment plan, and\n\ne. a statement attesting that the executive director of\n\nthe facility or clinical director has made a\n\nreasonable effort to meet the plan’s individualized\n\ntreatment goals in the least restrictive environment\n\npossible closest to the home community of the\n\nindividual;\n\n18. “Telemedicine” means technology-enabled health and care\n\nmanagement and delivery systems that extend capacity and access,\n\nwhich includes:\n\na. synchronous mechanisms, which may include live\n\naudiovisual interaction between a patient and a health\n\ncare professional or real-time provider to provider\n\nconsultation through live interactive audiovisual\n\nmeans,\n\nb. asynchronous mechanisms, which include store and\n\nforward transfers, online exchange of health\n\ninformation between a patient and a health care\n\nprofessional and online exchange of health information\n\nbetween health care professionals, but shall not\n\ninclude the use of automated text messages or\n\nautomated mobile applications that serve as the sole\n\ninteraction between a patient and a health care\n\nprofessional,\n\nc. remote patient monitoring, and\n\nd. other electronic means that support clinical health\n\ncare, professional consultation, patient and\n\nprofessional health-related education, public health\n\nand health administration;\n\n19. “Recovery and recovery support” means nonclinical services\nautomated mobile applications that serve as the sole\n\ninteraction between a patient and a health care\n\nprofessional,\n\nc. remote patient monitoring, and\n\nd. other electronic means that support clinical health\n\ncare, professional consultation, patient and\n\nprofessional health-related education, public health\n\nand health administration;\n\n19. “Recovery and recovery support” means nonclinical services\n\nthat assist individuals and families to recover from alcohol or drug\n\nproblems. They include social support, linkage to and coordination\n\namong allied service providers including but not limited to\n\ntransportation to and from treatment or employment, employment\n\nservices and job training, case management and individual services\n\ncoordination, life skills education, relapse prevention, housing\n\nassistance, child care, and substance abuse education;\n\n20. “Assisted outpatient” means a person who:\n\na. is either currently under the care of a facility\n\ncertified by the Department of Mental Health and\n\nSubstance Abuse Services as a community mental health\n\ncenter, or is being discharged from the custody of the\n\nDepartment of Corrections, or is being discharged from\n\na residential placement by the Office of Juvenile\n\nAffairs,\n\nb. is suffering from a mental illness,\n\nc. is unlikely to survive safely in the community without\n\nsupervision, based on a clinical determination,\n\nd. has a history of lack of compliance with treatment for\n\nmental illness that has:\n\n(1) prior to the filing of a petition, at least twice\n\nwithin the last thirty-six (36) months been a\n\nsignificant factor in necessitating\n\nhospitalization or treatment in a hospital or\n\nresidential facility including admission to a\n\ncommunity-based structured crisis center as\n\ncertified by the Department of Mental Health and\n\nSubstance Abuse Services, or receipt of services\n\nin a forensic or other mental health unit of a\n\ncorrectional facility, or a specialized treatment\n\nplan for treatment of mental illness in a secure\n\njuvenile facility or placement in a specialized\n\nresidential program for juveniles, or\n\n(2) prior to the filing of the petition, resulted in\n\none or more acts of serious violent behavior\n\ntoward self or others or threats of, or attempts\n\nat, serious physical harm to self or others\n\nwithin the last twenty-four (24) months,\n\ne. is, as a result of his or her mental illness, unlikely\n\nto voluntarily participate in outpatient treatment\n\nthat would enable him or her to live safely in the\n\ncommunity,\n\nf. in view of his or her treatment history and current\n\nbehavior, is in need of assisted outpatient treatment\n\nin order to prevent a relapse or deterioration which\n\nwould be likely to result in serious harm to the\n\nperson or persons, and\n\ng. is likely to benefit from assisted outpatient\n\ntreatment;\n\n21. “Assisted outpatient treatment” means outpatient services\n\nwhich have been ordered by the court pursuant to a treatment plan\n\napproved by the court to treat an assisted outpatient’s mental\n\nillness and to assist the person in living and functioning in the\n\ncommunity, or to attempt to prevent a relapse or deterioration that\n\nmay reasonably be predicted to result in suicide or the need for\n\nhospitalization; and\n\n22. “Urgent recovery clinic” means a clinic that offers\n\nvoluntary services aimed at the assessment and immediate\n\nstabilization of acute symptoms of mental illness, alcohol and other\n\ndrug abuse, and emotional distress. Unless the person receiving\n\ntreatment consents to a longer duration or unless the person is\n\nplaced into emergency detention under Sections 5-206 through 5-209\n\nof this title, no more than twenty-three (23) hours and fifty-nine\n\n(59) minutes of services may be provided to a consumer during one\n\nepisode of care at an urgent recovery clinic.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"18865a8ad0829c5e479dc3fa0ad187a416e4243d88c200d9449b0cdc0501014e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-1-102","next":"us-ok/okla.-stat.-tit.-43a-43a-1-104"},"notice":"GroundRules: Original legal text. Not legal advice."}