{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-11-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-11-110","heading":"Informed consent - Examination and certification of","body":"incapacity – Conflicting instructions – Transfer when unable to\n\ncomply with directive.\n\nA. The attending physician or psychologist shall continue to\n\nobtain the declarant’s informed consent to all mental health\n\ntreatment decisions when the declarant is capable of providing\n\ninformed consent or refusal.\n\nB. A declarant appearing to require mental health treatment\n\nshall be examined by two persons, who shall be physicians or\n\npsychologists. If after the examination the declarant is determined\n\nto be incapable and is in need of mental health treatment, a written\n\ncertification, substantially in the form provided by subsection E of\n\nthis section, of the declarant’s condition shall be made a part of\n\nthe declarant’s medical record.\n\nC. The attending physician or psychologist is authorized to act\n\nin accordance with an operative advance directive for mental health\n\ntreatment when the declarant has been determined to be incapable and\n\nmental health treatment is necessary. Except as otherwise provided\n\nby this act with regard to conflicting instructions in an advance\n\ndirective for mental health treatment:\n\n1. An attending physician or psychologist and any other\n\nphysician or psychologist under the attending physician’s or\n\npsychologist’s direction or control, having possession of the\n\ndeclaration of the consumer or having knowledge that the declaration\n\nis part of the medical record of the consumer, shall follow as\n\nclosely as possible the terms of the declaration.\n\n2. An attending physician or psychologist and any other\n\nphysician or psychologist under the attending physician’s direction\n\nor control, having possession of the appointment of the consumer of\n\nan attorney-in-fact or having knowledge of the appointment of an\n\nattorney-in-fact, shall follow as closely as possible the\n\ninstruction of the attorney-in-fact.\n\nD. An attending physician or psychologist who is unable to\n\ncomply with the terms of the declaration of the consumer shall make\n\nthe necessary arrangements to transfer the patient and the\n\nappropriate medical records without delay to another physician or\n\npsychologist.\n\n1. A physician or psychologist who transfers the consumer\n\nwithout unreasonable delay, or who makes a good faith attempt to do\n\nso, shall not be subject to criminal prosecution or civil liability,\n\nand shall not be found to have committed an act of unprofessional\n\nconduct for refusal to comply with the terms of the declaration.\n\nTransfer under these circumstances shall not constitute abandonment.\n\n2. The failure of an attending physician or psychologist to\n\ntransfer in accordance with this subsection shall constitute\n\nprofessional misconduct.\n\nE. The following certification of the examination of a\n\ndeclarant determining whether the declarant is in need of mental\n\nhealth treatment and whether the declarant is or is not incapable\n\nmay be utilized by examiners:\n\nEXAMINER’S CERTIFICATION\n\nWe, the undersigned, have made an examination of\n\n_______________, and do hereby certify that we made a careful\n\npersonal examination of the actual condition of the person and on\n\nsuch examination we find that _____________________:\n\n1. (Is) (Is not) in need of mental health treatment; and\n\n2. (Is) (Is not) incapable to participate in decisions about\n\n(her) (his) mental health treatment.\n\nThe facts and circumstances on which we base our opinions are\n\nstated in the following report of symptoms and history of case,\n\nwhich is hereby made a part hereof.\n\nAccording to the advance directive for mental health treatment,\n\n(name of consumer)_________________________________________, wishes\n\nto receive mental health treatment in accordance with the\n\npreferences and instructions stated in the advance directive for\n\nmental health treatment.\n\nWe are duly licensed to practice in the State of Oklahoma, are\n\nnot related to _______________ by blood or marriage, and have no\n\ninterest in her/his estate.\ntal health treatment,\n\n(name of consumer)_________________________________________, wishes\n\nto receive mental health treatment in accordance with the\n\npreferences and instructions stated in the advance directive for\n\nmental health treatment.\n\nWe are duly licensed to practice in the State of Oklahoma, are\n\nnot related to _______________ by blood or marriage, and have no\n\ninterest in her/his estate.\n\nWitness our hands this ____________ day of _____________, 20__\n\n___________________, M.D., D.O., Ph.D., Other\n\n___________________, M.D., D.O., Ph.D., Other\n\nSubscribed and sworn to before me this _______________________\n\nday of ________________, 20__\n\n__________________________________________\n\nNotary Public\n\nREPORT OF SYMPTOMS AND HISTORY OF\n\nCASE BY EXAMINERS\n\n1. GENERAL\n\nComplete name ________________________________________________\n\nPlace of residence ___________________________________________\n\nSex _______________ Color ________________\n\nAge _______________\n\nDate of Birth ________________________________________________\n\n2. STATEMENT OF FACTS AND CIRCUMSTANCES\n\nOur determination that the declarant (is) (is not) in need for\n\nmental health treatment is based on the following:\n\n________________________________________________________\n\n__________________________________________________________________\n\nOur determination that the declarant (is) (is not) incapable of\n\nparticipating in mental health treatment decisions is based on the\n\nfollowing:________________________________________________________\n\n__________________________________________________________________\n\n3. NAME AND RELATIONSHIPS OF FAMILY MEMBERS/OTHERS TO BE NOTIFIED\n\nOther data ___________________________________________________\n\nDated at _____________, Oklahoma, this __________ day of\n\n___________________, 20__\n\n_____________, M.D., D.O., Ph.D., Other\n\n_______________________________________\n\nAddress\n\n_____________, M.D., D.O., Ph.D., Other\n\n_______________________________________\n\nAddress","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":"cdca3f51d6fcfca5b75c032f4bf021663380369290e61ae20c87c454c7288ee2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-11-109","next":"us-ok/okla.-stat.-tit.-43a-43a-11-111"},"notice":"GroundRules: Original legal text. Not legal advice."}