{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-1-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-1-110","heading":"Law enforcement responsibility for transporting persons","body":"for mental health services – Use of telemedicine - Reimbursement of\n\nexpenses.\n\nA. As an alternative to transport under subsection B of this\n\nsection for the sole purpose of initial assessment of a person who\n\nthe officer reasonably believes is a person requiring treatment, as\n\ndefined in Section 1-103 of this title, sheriffs and peace officers\n\nmay request an assessment at the point of initial contact by the\n\nDepartment of Mental Health and Substance Abuse Services. To\n\nconduct the assessment, the Department may utilize:\n\n1. Telemedicine, when such capability is available through a\n\nmobile computing device in the possession of the local law\n\nenforcement agency, to have the person assessed by a licensed mental\n\nhealth professional employed by or under contract with a facility\n\noperated by, certified by, or contracted with the Department; or\n\n2. An in-person assessment by a licensed mental health\n\nprofessional on a mobile crisis response team or who is employed by\n\nor under contract with a facility operated by, certified by, or\n\ncontracted with the Department.\n\nB. 1. To serve the mental health needs of persons of their\n\njurisdiction, peace officers shall be responsible for transporting\n\nindividuals in need of:\n\na. initial assessment, except when the individual has\n\nbeen assessed at the point of initial contact by the\n\nDepartment under subsection A of this section, or\n\nb. emergency detention or protective custody under\n\nSection 5-207 of this title, unless the officer has\n\nalready transported the individual to the facility for\n\ninitial assessment,\n\nfrom the point of initial contact to the nearest facility, as\n\ndefined in Section 1-103 of this title, that is appropriate for\n\ninitial assessment or treatment of the individual within a thirty-\n\nmile radius of the peace officer’s operational headquarters.\n\n2. Transportation to the nearest appropriate facility shall be\n\ncompleted by either the Department of Mental Health and Substance\n\nAbuse Services or an entity contracted by the Department for\n\nalternative transportation if:\n\na. there is not an appropriate facility within a thirty-\n\nmile radius of the peace officer’s operational\n\nheadquarters, or\n\nb. the officer has already transported the individual to\n\nan appropriate facility for initial assessment.\n\n3. For purposes of this section, “initial contact” is defined\n\nas contact with an individual in need of assessment, emergency\n\ndetention, or protective custody made by a law enforcement officer.\n\nInitial contact in this section does not include an individual self-\n\npresenting at a facility as defined in Section 1-103 of this title.\n\n4. When an individual self-presents at a facility as defined in\n\nSection 1-103 of this title or at a medical facility and is placed\n\ninto protective custody under Section 5-207 of this title due to a\n\ndetermination that the individual is a person requiring treatment as\n\ndefined in Section 1-103 of this title, and if transport to another\n\nfacility is needed for initial assessment or treatment, the person\n\nshall be transported to the nearest appropriate facility by the\n\nDepartment or an entity contracted by the Department for alternative\n\ntransportation.\n\n5. When an individual self-presents at a facility as defined in\n\nSection 1-103 of this title or at a medical facility and is not\n\nplaced into protective custody under Section 5-207 of this title,\n\nbut consents to voluntary transport to a facility as defined in\n\nSection 1-103 of this title for treatment, transport or the\n\narrangement of transport shall be the responsibility of the facility\n\nreceiving the individual, unless the individual chooses to arrange\n\nhis or her own transportation.\n\n6. The transportation requirements provided by this subsection,\n\nto the extent such requirements are applicable to peace officers,\n\nshall be considered fulfilled once the person has been transported\n\nto the facility, the officer has made contact with the appropriate\ne responsibility of the facility\n\nreceiving the individual, unless the individual chooses to arrange\n\nhis or her own transportation.\n\n6. The transportation requirements provided by this subsection,\n\nto the extent such requirements are applicable to peace officers,\n\nshall be considered fulfilled once the person has been transported\n\nto the facility, the officer has made contact with the appropriate\n\nstaff of the facility, and the staff of the facility have determined\n\nthat the patient does not present a clear or immediate threat to his\n\nor her own safety or to the safety of the staff of the facility.\n\nOnce custody of the individual has been transferred to the\n\nappropriate facility staff, the peace officer shall not be required\n\nto remain at the facility with the individual pending initial\n\nassessment or treatment.\n\nC. A municipal law enforcement agency shall be responsible for\n\ntransportation as provided in this section for any individual found\n\nwithin such municipality’s jurisdiction. The county sheriff shall\n\nbe responsible for transportation as provided in this section for\n\nany individual found outside of a municipality’s jurisdiction, but\n\nwithin the county.\n\nD. Once an individual has been presented to an appropriate\n\nfacility as provided in subsection B of this section, the Department\n\nof Mental Health and Substance Abuse Services or an entity\n\ncontracted by the Department shall be responsible for any subsequent\n\ntransportation of such individual.\n\nE. Sheriffs and peace officers shall be entitled to\n\nreimbursement from the Department of Mental Health and Substance\n\nAbuse Services for transportation services associated with minors or\n\nadults requiring initial assessment, emergency detention, protective\n\ncustody, and inpatient services.\n\nF. Any transportation provided by a sheriff or deputy sheriff\n\nor a peace officer on behalf of any county, city, town, or\n\nmunicipality of this state, to or from any facility for the purpose\n\nof initial assessment, admission, interfacility transfer, medical\n\ntreatment, or court appearance shall be reimbursed in accordance\n\nwith the provisions of the State Travel Reimbursement Act.\n\nG. Nothing in this section shall prohibit a law enforcement\n\nagency or the Department of Mental Health and Substance Abuse\n\nServices from entering into a lawful agreement with any other law\n\nenforcement agency to fulfill the requirements established by this\n\nsection or from contracting with a third party to provide the\n\nservices established by this section, provided the third party meets\n\nminimum standards as determined by the Department.\n\nH. A law enforcement agency shall not be liable for the actions\n\nof a peace officer commissioned by the agency when such officer is\n\nproviding services as a third party pursuant to subsection G of this\n\nsection outside his or her primary employment as a peace officer.\n\nI. 1. For purposes of transportation completed by the\n\nDepartment of Mental Health and Substance Abuse Services or an\n\nentity contracted by the Department as required by this section, the\n\nuse of mechanical restraints shall not be applied to an individual\n\nbeing transported unless:\n\na. the individual being transported physically assaults\n\nor attempts to physically assault the person lawfully\n\nconducting the transportation of the individual\n\npursuant to the provisions of this section and the\n\nperson lawfully conducting the transportation believes\n\nsuch restraints are necessary for the safety of\n\nhimself or herself or the protection of others,\n\nb. the individual being transported attempts or causes\n\nserious physical injury to self and the person\n\nlawfully conducting the transportation believes such\n\nrestraints are necessary for the safety of the\n\nindividual being transported, or\n\nc. the individual being transported has a propensity\n\ntoward violence as indicated by past transports,\ns,\n\nb. the individual being transported attempts or causes\n\nserious physical injury to self and the person\n\nlawfully conducting the transportation believes such\n\nrestraints are necessary for the safety of the\n\nindividual being transported, or\n\nc. the individual being transported has a propensity\n\ntoward violence as indicated by past transports,\n\ncriminal charges, or mental health history and as\n\nidentified in the transport request form, and the\n\nperson lawfully conducting the transportation believes\n\nsuch restraints are necessary for the safety of\n\nhimself or herself, for the safety of the individual\n\nbeing transported, or for the protection of others.\n\n2. The mechanical restraint shall be continued for no longer\n\nthan is necessary under the circumstances described in paragraph 1\n\nof this subsection. Every use of a mechanical restraint, the\n\nreasons, and the length of time, shall be made a part of the\n\nclinical record of the consumer under the signature of the\n\nindividual responsible for the transportation as required by this\n\nsection.","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":"adc37ea28c6c95e49313c9698914479fe568e97a14b2d7ef49624ca328089961","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-1-109.1","next":"us-ok/okla.-stat.-tit.-43a-43a-1-110.1"},"notice":"GroundRules: Original legal text. Not legal advice."}