Okla. Stat. tit. 43A, § 4

Repealed by Laws 1986, c. 103, § 102, eff. Nov. 1, 1986. §43A-4-101. Humane care and treatment - Food - Discipline - Medical care. All persons being treated at facilities within the Department of Mental Health and Substance Abuse Services and facilities certified by the Department shall be given humane care and treatment. The food shall always be sufficient and wholesome. No physical or emotional punishment shall be inflicted, and the rules and discipline shall be designed to promote the well-being of the person being treated. The physical, medical, psychiatric and psychological testing, diagnosis, care and treatment shall be in accordance with the highest standards accepted in private and public medical and psychiatric practice to the extent that facilities, equipment and personnel are available. Added by Laws 1953, p. 170, § 91, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 8, emerg. eff. June 3, 1977. Renumbered from § 91 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 29, eff. Nov. 1, 2002. §43A-4-102. Individualized treatment plans - Requirements. There shall be developed during a person’s stay in a mental health facility, an individualized treatment plan which shall be specifically tailored to such person’s treatment needs. Each plan shall clearly include the following: 1. A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval; 2. Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include specific prognosis for achieving each of these goals; 3. Identification of the types of professional personnel who shall carry out the treatment procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law; 4. Documentation of consumer involvement and, if applicable, accordance with the treatment plan by the consumer; and 5. A statement attesting that the person in charge of the facility or clinical director has made a reasonable effort to meet the individualized treatment goals of the plan in the least restrictive environment possible, closest to the home community of the consumer. Added by Laws 1980, c. 291, § 10, eff. Oct. 1, 1980. Renumbered from § 622 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 24, emerg. eff. May 9, 2005. §43A-4-103. Repealed by Laws 1989, c. 319, § 6, operative Nov. 1, 1989. §43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment. The executive director of any facility within the Department of Mental Health and Substance Abuse Services shall have custody and control of a consumer within the facility during the period of time the consumer is detained for observation or treatment or both, and shall be responsible for the care and treatment of the consumer during the time the consumer remains in the facility. Added by Laws 1989, c. 319, § 5, eff. Nov. 1, 1989. Amended by Laws 1990, c. 51, § 90, emerg. eff. April 9, 1990; Laws 2004, c. 113, § 14, eff. Nov. 1, 2004; Laws 2005, c. 150, § 25, emerg. eff. May 9, 2005. §43A-4-104. Surgical operations - Notice - Emergency. Before proceeding with any major operation which in the judgment of the executive director of the facility is advisable or necessary, the executive director shall notify or cause to be notified the spouse, parent or guardian or one of the next of kin residing in Oklahoma, if the information is shown by the records on file with the executive director. A copy of the notice shall be filed in the records of the consumer, except in cases of grave emergency where the medical staff feels that surgical or other intervention is necessary to prevent serious consequences or death, authority is hereby given to proceed with such measure. Added by Laws 1953, p. 171, § 96, emerg. eff. June 3, 1953. Renumbered from § 96 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 26, emerg. eff. May 9, 2005. §43A-4-105. Service of court citation, order or process - Return - Effect. Any citation, order or process required by law to be served on a consumer of a facility within the Department of Mental Health and Substance Abuse Services shall be served only by the executive director in charge or by someone designated by the executive director. Return to the court from which the citation, order or process was issued shall be made by the person making the service. The service and return shall have the same force and effect as if it had been made by the sheriff of the county. Added by Laws 1953, p. 171, § 97, emerg. eff. June 3, 1953. Renumbered from § 97 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 29, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 27, emerg. eff. May 9, 2005. §43A-4-106. Mechanical restraints - Record. A. Mechanical restraints shall not be applied to a consumer unless: 1. It is determined by an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse who is authorized to order restraint by hospital or community-based structured crisis center, as defined by Section 3-317 of this title, policy to be required by the medical needs of the consumer; or 2. An emergency situation arises and a mechanical restraint is necessary for the safety of the individual or others. The mechanical restraint may be applied after obtaining a verbal order of an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse as long as the consumer receives a face-to-face examination within one (1) hour after the restraint is applied by an allopathic physician, osteopathic physician, physician assistant, advanced practice registered nurse or registered nurse trained in restraint management in accordance with the then-current standards promulgated by the United States Department of Health and Human Services and authorized by hospital policy. B. No mechanical restraint shall be continued for longer than is absolutely necessary under the circumstances. Regardless of who orders the restraint, every use of a mechanical restraint, the reasons and length of time, shall be made a part of the clinical record of the consumer under the signature of the attending allopathic physician or osteopathic physician. Added by Laws 1953, p. 171, § 92, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 9, emerg. eff. June 3, 1977. Renumbered from § 92 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 30, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 28, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 9, eff. Nov. 1, 2007; Laws 2015, c. 57, § 1, eff. Nov. 1, 2015. §43A-4-107. Repealed by Laws 2004, c. 113, § 18, eff. Nov. 1, 2004. §43A-4-107a. Visitation privileges - Mail or other communication - Telephones. A. Subject to the restrictions imposed by subsection B of this section, a consumer in an inpatient or residential mental health facility has the right to: 1. Receive a reasonable number of visitors at reasonable times; 2. Reasonable access to make and receive telephone calls; 3. Communicate by uncensored and sealed mail; and 4. Writing materials and reasonable amounts of postage if unable to procure the same. B. The rights provided in subsection A of this section are subject to the general rules of the facility and may be restricted by the treatment team ultimately responsible for the consumer’s treatment to the extent that the restriction is necessary to the consumer’s welfare, to protect another person or the security of the facility; provided, however, the right to communicate with legal counsel, treatment advocate, and the department may not be denied. C. If a restriction is imposed under this section, the reasons for the restriction and the duration of the restriction shall be documented in the consumer’s clinical record. The treatment team shall inform the consumer, the treatment advocate, and, if appropriate, the consumer’s parent or guardian of the clinical reasons for the restriction and the duration of the restriction. Added by Laws 2004, c. 113, § 15, eff. Nov. 1, 2004. §43A-4-108. Labor by consumers - Work therapy - Compensation. A. A person receiving treatment for mental illness or alcohol- or drug-dependency may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if: 1. The consumer voluntarily agrees to perform the labor; 2. Engaging in the labor would not be inconsistent with the treatment plan for the consumer; 3. The amount of time or effort necessary to perform the labor would not be excessive; 4. The consumer is compensated appropriately and in accordance with applicable federal and state minimum wage laws; and 5. Discharge and privileges are not conditioned upon the performance of such labor. B. The provisions of this section shall not apply to bona fide “work therapy” which is a part of the treatment program. Work therapy shall be: 1. In the best interests of the person; 2. Therapeutic in nature and purpose; 3. Part of the treatment plan of the person; 4. Documented in the treatment record with a rationale for the work therapy; 5. Voluntarily entered into by the person; 6. Compensated by the facility at a rate derived from the value of the work performed; and 7. Compensated in accordance with federal and state minimum wage law if the primary benefit is to the facility. C. The provisions of subsections A and B of this section shall not apply to personal housekeeping, personal maintenance, or communal living, or tasks oriented to improving life skills. These activities shall not primarily benefit the facility. D. Payment pursuant to this section shall not be applied by the facility to offset the costs of maintenance of persons receiving treatment in the facility, unless the person authorizes such payment or offset in writing. Added by Laws 1980, c. 174, § 1, eff. Oct. 1, 1980. Renumbered from § 191.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 30, eff. Nov. 1, 2002; Laws 2005, c. 150, § 29, emerg. eff. May 9, 2005. §43A-4-109. Repealed by Laws 2005, c. 150, § 75, emerg. eff. May 9, 2005. §43A-4-201. Liability of consumer and estate for cost of care and treatment. A consumer at a facility within the Department of Mental Health and Substance Abuse Services is liable for his or her care and treatment. This claim of the state for such care and treatment shall constitute a valid indebtedness against any such consumer and the estate of the consumer and shall not be barred by any statute of limitations. At the death of the consumer this claim shall be allowed and paid as other lawful claims against the estate. Provided, further that no admission or detention of a consumer in a state facility shall be limited or conditioned in any manner by the financial status or ability to pay of a consumer, the estate of the consumer, or any relative of the consumer. Added by Laws 1953, p. 172, § 111, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 190, § 6, emerg. eff. June 27, 1959; Laws 1986, c. 103, § 57, eff. Nov. 1, 1986. Renumbered from § 111 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2005, c. 150, § 30, emerg. eff. May 9, 2005. §43A-4-202. Amount payable for care and treatment - Inability to pay. The amount payable for care and treatment shall be determined by the Commissioner subject to the approval of the Board. At no time shall a person be refused care and treatment because of inability to pay. Added by Laws 1953, p. 172, § 112, emerg. eff. June 3, 1953. Amended by Laws 1984, c. 237, § 14, operative July 1, 1984. Renumbered from § 112 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. §43A-4-203. Reduction or waiver of liability - Report as to ability - Information from Tax Commission. A. The Board of Mental Health and Substance Abuse Services may promulgate rules authorizing the executive director or designee of a facility within the Department of Mental Health and Substance Abuse Services at which a consumer is being treated to charge on a sliding scale or waive the liability of the consumer and estate of the consumer for the care and treatment of the consumer, if it is determined that the consumer is unable to pay the full amount for such care and treatment, or that the consumer is an indigent person as defined in this title. B. Before any charge for care and treatment is placed on a sliding scale or waived there must be: 1. A written application and documentation demonstrating the income of the consumer; 2. The number of dependents of the consumer; 3. A statement of any charges to be placed on the sliding scale or waiver of indebtedness of the consumer for care and treatment; and 4. The reasons for the placement on the sliding scale or waiver. The statement must be signed by the executive director or designee granting such placement on the sliding scale or waiver. The statement must also be filed with the records of the consumer at the facility. C. For the purpose of determining the financial status or ability to pay of a consumer, the estate of the consumer, or persons liable for the care and treatment of the consumer, the Oklahoma Tax Commission is directed to furnish to the Commissioner of Mental Health and Substance Abuse Services, or designee, upon request, such information as may be of record in the Commission relative to consumers, and their estates. Added by Laws 1953, p. 173, § 113, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 58, eff. Nov. 1, 1986. Renumbered from § 113 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 168, § 1, eff. Nov. 1, 1987; Laws 2003, c. 46, § 31, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 31, emerg. eff. May 9, 2005. §43A-4-204. Time of payment - Statement of sum due. The cost of the care and treatment of the consumer shall be paid monthly unless the Commissioner of Mental Health and Substance Abuse Services and any person agreeing to make the payments may arrange for quarterly or semiannual payments. The executive director of a facility within the Department of Mental Health and Substance Abuse Services in which a consumer is held shall issue a statement of the sum that is due to all persons who are liable for the care and treatment of the consumer, but failure to send or receive this statement shall not affect the liability of a person who is otherwise liable for the care and treatment of the consumer. Added by Laws 1953, p. 173, § 114, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 59, eff. Nov. 1, 1986. Renumbered from § 114 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 32, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 32, emerg. eff. May 9, 2005. §43A-4-205. Payment by guardian - Collection by legal proceeding. A. If a guardian has been appointed for the estate of a consumer in a facility within the Department of Mental Health and Substance Abuse Services, the court shall order the guardian to pay the amount of the state’s claim for care and treatment. B. If no guardian has been appointed, the claim of the state against a consumer for the care and treatment of the consumer may be collected by suit or other proceedings against the consumer brought in the name of the state by the district attorney of the county from which said consumer was sent or any county in which the consumer may have property. C. The claim of the state against a husband, wife, the parents and the children of any consumer for care and treatment of the consumer may be collected by suit or other proceedings in the name of the state against the husband, the wife, a parent, a child, or any two or more of them. Added by Laws 1953, p. 173, § 115, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 60, eff. Nov. 1, 1986. Renumbered from § 115 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 92, emerg. eff. April 9, 1990; Laws 2003, c. 46, § 33, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 33, emerg. eff. May 9, 2005. §43A-4-206. Proof of indebtedness - Disposition of money collected. In all suits or proceedings instituted in accordance with Sections 4-205 and 2-207 of this title, the executive director of the facility shall furnish proof of the indebtedness of a consumer and the amount due the state for the care and treatment of the consumer. All collected monies shall be paid to the executive director of the facility and deposited with the State Treasurer who shall place the same to the credit of the Department of Mental Health and Substance Abuse Services revolving fund. Added by Laws 1953, p. 174, § 118, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 61, eff. Nov. 1, 1986. Renumbered from § 118 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 34, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 34, emerg. eff. May 9, 2005.