{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-416","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-416","heading":"Alternatives to hospitalization","body":"A. The court, in considering a commitment petition filed under\n\nSection 5-410 of this title, shall not order hospitalization without\n\na thorough consideration of available treatment alternatives to\n\nhospitalization, or without addressing the competency of the\n\nconsumer to consent to or refuse the treatment that is ordered\n\nincluding, but not limited to, the rights of the consumer:\n\n1. To be heard concerning the treatment of the consumer; and\n\n2. To refuse medications.\n\nB. 1. If the court, in considering a commitment petition filed\n\nunder Section 5-410 of this title, finds that a program other than\n\nhospitalization, including an assisted outpatient treatment program,\n\nis adequate to meet the treatment needs of the individual and is\n\nsufficient to prevent injury to the individual or to others, the\n\ncourt may order the individual to receive whatever treatment other\n\nthan hospitalization is appropriate for a period set by the court;\n\nprovided, the court may only order assisted outpatient treatment if\n\nthe individual meets the criteria set forth in Section 1-103 of this\n\ntitle and in subsection F of this section. During this time the\n\ncourt:\n\na. shall have continuing jurisdiction over the individual\n\nas a person requiring treatment or an assisted\n\noutpatient, and\n\nb. shall periodically, no less often than annually,\n\nreview the treatment needs of the individual and\n\ndetermine whether or not to continue, discontinue, or\n\nmodify the treatment.\n\n2. If at any time it comes to the attention of the court from a\n\nperson competent to file or request the filing of a petition,\n\npursuant to subsection A of Section 5-410 of this title, that the\n\nindividual ordered to undergo a program of alternative treatment to\n\nhospitalization is not complying with the order or that the\n\nalternative treatment program has not been sufficient to prevent\n\nharm or injury which the individual may be inflicting upon himself\n\nor others, the court may order the person to show cause why the\n\ncourt should not:\n\na. implement other alternatives to hospitalization,\n\nmodify or rescind the original order or direct the\n\nindividual to undergo another program of alternative\n\ntreatment, if necessary and appropriate, based on\n\nwritten findings of the court, or\n\nb. enter an order of admission pursuant to the provisions\n\nof this title, directing that the person be committed\n\nto inpatient treatment and, if the individual refuses\n\nto comply with this order of inpatient treatment, the\n\ncourt may direct a peace officer to take the\n\nindividual into protective custody and transport the\n\nperson to a public or private facility designated by\n\nthe court.\n\n3. The court shall give notice to the person ordered to show\n\ncause and hold the hearing within seventy-two (72) hours of the\n\nnotice. The person ordered to undergo a program of alternative\n\ntreatment shall not be detained in emergency detention pending the\n\nshow cause hearing unless, prior to the emergency detention, the\n\nperson has undergone an initial examination and a determination is\n\nmade that emergency detention is warranted.\n\n4. If an order of alternative treatment will expire without\n\nfurther review by the court and it is believed that the individual\n\ncontinues to require treatment, a person competent to file or\n\nrequest the filing of a petition, pursuant to subsection A of\n\nSection 5-410 of this title, may file or request the district\n\nattorney file either an application for an extension of the court's\n\nprevious order or an entirely new petition for a determination that\n\nthe individual is a person requiring treatment or an assisted\n\noutpatient.\n\n5. A hearing on the application or petition filed pursuant to\n\nparagraph 4 of this subsection shall be held within ten (10) days\n\nafter the application or petition is filed, unless the court extends\n\nthe time for good cause. In setting the matter for hearing, the\n\ncourt shall consider whether or not the prior orders of the court\ndividual is a person requiring treatment or an assisted\n\noutpatient.\n\n5. A hearing on the application or petition filed pursuant to\n\nparagraph 4 of this subsection shall be held within ten (10) days\n\nafter the application or petition is filed, unless the court extends\n\nthe time for good cause. In setting the matter for hearing, the\n\ncourt shall consider whether or not the prior orders of the court\n\nwill expire during the pendency of the hearing and shall make\n\nappropriate orders to protect the interests of the individual who is\n\nthe subject of the hearing.\n\nC. Prior to ordering the inpatient treatment of an individual,\n\nthe court shall inquire into the adequacy of treatment to be\n\nprovided to the individual by the facility, and inpatient treatment\n\nshall not be ordered unless the facility in which the individual is\n\nto be treated can provide such person with treatment which is\n\nadequate and appropriate to such person's condition.\n\nD. Nothing in this section shall prohibit the Department of\n\nMental Health and Substance Abuse Services or the facility or\n\nprogram providing the alternative treatment from discharging a\n\nperson admitted pursuant to this section, at a time prior to the\n\nexpiration of the period of alternative treatment, or any extension\n\nthereof. The facility or program providing the alternative\n\ntreatment shall file a report with the court outlining the\n\ndisposition of each person admitted pursuant to this section within\n\nforty-eight (48) hours after discharge.\n\nE. Notice of any proceedings pursuant to this section shall be\n\ngiven to the person, the person's guardian, the person's attorney,\n\nand the person filing the petition or application.\n\nF. If the petition alleges the person to be an assisted\n\noutpatient as provided in Section 7 of this act, the court shall not\n\norder assisted outpatient treatment unless the petitioning licensed\n\nmental health professional develops and provides to the court a\n\nproposed written treatment plan. All service providers included in\n\nthe treatment plan shall be notified regarding their inclusion in\n\nthe written treatment plan. Where deemed advisable, the court may\n\nmake a finding that a person is an assisted outpatient and delay the\n\ntreatment order until such time as the treatment plan is provided to\n\nthe court. Such plan shall be provided to the court no later than\n\nthe date set by the court pursuant to subsection J of this section.\n\nG. The licensed mental health professional who develops the\n\nwritten treatment plan shall provide the following persons with an\n\nopportunity to actively participate in the development of such plan:\n\n1. The assisted outpatient;\n\n2. The treating physician, if any;\n\n3. The treatment advocate as defined in Section 1-109.1 of this\n\ntitle, if any; and\n\n4. An individual significant to the assisted outpatient,\n\nincluding any relative, close friend or individual otherwise\n\nconcerned with the welfare of the assisted outpatient, upon the\n\nrequest of the assisted outpatient.\n\nH. The licensed mental health professional shall make a\n\nreasonable effort to gather relevant information for the development\n\nof the treatment plan from a member of the assisted outpatient's\n\nfamily or significant other. If the assisted outpatient has\n\nexecuted an advance directive for mental health treatment, the\n\nphysician shall consider any directions included in such advance\n\ndirective for mental health treatment in developing the written\n\ntreatment plan.\n\nI. The court shall not order assisted outpatient treatment\n\nunless the petitioner testifies to explain the proposed written\n\ntreatment plan; provided, the parties may stipulate upon mutual\n\nconsent that the petitioner need not testify. The petitioner shall\n\nstate facts which establish that such treatment is the least\n\nrestrictive alternative. If the assisted outpatient has executed an\natient treatment\n\nunless the petitioner testifies to explain the proposed written\n\ntreatment plan; provided, the parties may stipulate upon mutual\n\nconsent that the petitioner need not testify. The petitioner shall\n\nstate facts which establish that such treatment is the least\n\nrestrictive alternative. If the assisted outpatient has executed an\n\nadvance directive for mental health treatment, the licensed mental\n\nhealth professional shall state the consideration given to any\n\ndirections included in such advance directive for mental health\n\ntreatment in developing the written treatment plan. Such testimony\n\nshall be given on the date set by the court pursuant to subsection J\n\nof this section.\n\nJ. If the court has yet to be provided with a written treatment\n\nplan at the time of the hearing in which the court finds a person to\n\nbe an assisted outpatient, the court shall order such treatment plan\n\nand testimony no later than the third day, excluding Saturdays,\n\nSundays and holidays, immediately following the date of such hearing\n\nand order; provided, the parties may stipulate upon mutual consent\n\nthat such testimony need not be provided. Upon receiving such plan\n\nand any required testimony, the court may order assisted outpatient\n\ntreatment as provided in this section.\n\nK. A court may order the patient to self-administer\n\npsychotropic drugs or accept the administration of such drugs by\n\nauthorized personnel as part of an assisted outpatient treatment\n\nprogram. Such order may specify the type and dosage range of such\n\npsychotropic drugs and such order shall be effective for the\n\nduration of such assisted outpatient treatment.\n\nL. A copy of any court order for assisted outpatient treatment\n\nshall be served personally, or by mail, facsimile or electronic\n\nmeans, upon the assisted outpatient, the assisted outpatient\n\ntreatment program and all others entitled to notice under the\n\nprovisions of subsection D of Section 5-412 of this title.\n\nM. The initial order for assisted outpatient treatment shall be\n\nfor a period of one (1) year. Within thirty (30) days prior to the\n\nexpiration of the order, a licensed mental health professional\n\nemployed by the Department of Mental Health and Substance Abuse\n\nServices or employed by a community mental health center certified\n\nby the Department pursuant to Section 3-306.1 of this title may file\n\na petition to extend the order of outpatient treatment. Notice\n\nshall be given in accordance with Section 5-412 of this title. The\n\ncourt shall hear the petition, review the treatment plan and\n\ndetermine if the assisted outpatient continues to meet the criteria\n\nfor assisted outpatient treatment and such treatment is the least\n\nrestrictive alternative. If the court finds the assisted outpatient\n\ntreatment should continue, it will make such an order extending the\n\nassisted treatment an additional year and order the treatment plan\n\nupdated as necessary. Subsequent extensions of the order may be\n\nobtained in the same manner. If the court's disposition of the\n\nmotion does not occur prior to the expiration date of the current\n\norder, the current order shall remain in effect for up to thirty\nr extending the\n\nassisted treatment an additional year and order the treatment plan\n\nupdated as necessary. Subsequent extensions of the order may be\n\nobtained in the same manner. If the court's disposition of the\n\nmotion does not occur prior to the expiration date of the current\n\norder, the current order shall remain in effect for up to thirty\n\n(30) additional days until such disposition.\n\nN. In addition to any other right or remedy available by law\n\nwith respect to the order for assisted outpatient treatment, the\n\nassisted outpatient or anyone acting on the assisted outpatient's\n\nbehalf may petition the court on notice to every facility providing\n\ntreatment pursuant to the assisted outpatient treatment order to\n\nstay, vacate or modify the order.\n\nO. Facilities providing treatment pursuant to the assisted\n\noutpatient treatment order shall petition the court for approval\n\nbefore instituting a proposed material change in the assisted\n\noutpatient treatment plan, unless such change is authorized by the\n\norder of the court. Such petition shall be filed on notice to the\n\nassisted outpatient, any treatment advocate designated by the\n\nassisted outpatient pursuant to this title, any attorney\n\nrepresenting the assisted outpatient, and any guardian appointed by\n\nthe court to represent the assisted outpatient. Not later than five\n\n(5) days after receiving such petition, excluding Saturdays, Sundays\n\nand holidays, the court shall hold a hearing on the petition;\n\nprovided, that if the assisted outpatient informs the court that he\n\nor she agrees to the proposed material change, the court may approve\n\nsuch change without a hearing. Nonmaterial changes may be\n\ninstituted to the assisted outpatient treatment plan without court\n\napproval. For the purposes of this subsection, a material change is\n\nan addition or deletion of a category of services to or from a\n\ncurrent assisted outpatient treatment plan or any deviation, without\n\nthe assisted outpatient's consent, from the terms of a current order\n\nrelating to the administration of psychotropic drugs.\n\nP. Where, in the clinical judgment of a licensed mental health\n\nprofessional:\n\n1. The assisted outpatient has failed or refused to comply with\n\nthe assisted outpatient treatment;\n\n2. Efforts were made to solicit compliance; and\n\n3. Such assisted outpatient appears to be a person requiring\n\ntreatment,\n\nthe licensed mental health professional may cause the assisted\n\noutpatient to be taken into protective custody pursuant to the\n\nprovisions of Sections 5-206 through 5-209 of this title or may\n\nrefer or initiate proceedings pursuant to Sections 5-410 through 5-\n\n415 of this title for involuntary commitment to a hospital, or may\n\nreturn the assisted outpatient to a facility providing treatment\n\npursuant to the assisted outpatient treatment plan to determine if\n\nthe assisted outpatient will comply with the treatment plan.\n\nFailure or refusal to comply with assisted outpatient treatment\n\nshall include, but not be limited to, a substantial failure to take\n\nmedication, to submit to blood testing or urinalysis where such is\n\npart of the treatment plan, failure of such tests or failure to\n\nreceive treatment for alcohol or substance abuse if such is part of\n\nthe treatment plan.\n\nQ. Failure to comply with an order of assisted outpatient\n\ntreatment shall not be grounds for involuntary civil commitment or a\n\nfinding of contempt of court.","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":"84dfee9296271217f34c4629866d8048b97dd0d09d389b70c25d6a27fc4748fb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-415","next":"us-ok/okla.-stat.-tit.-43a-43a-5-417"},"notice":"GroundRules: Original legal text. Not legal advice."}