§ 5-502. Definitions
Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2019
Effective: November 1, 2019
43A Okl.St.Ann. § 5-502
§ 5-502. Definitions
As used in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act:
c. The term “minor in need of treatment” shall not mean a minor afflicted with epilepsy, a developmental disability, organic brain syndrome, physical handicaps, brief periods of intoxication caused by such substances as alcohol or drugs or who is truant or sexually active unless the minor also meets the criteria for a minor in need of treatment pursuant to subparagraph a or b of this paragraph;
4. “Individualized treatment plan” means a specific plan for the care and treatment of an individual minor who requires inpatient mental health treatment. The plan shall be developed with maximum involvement of the family of the minor, consistent with the desire of the minor for confidentiality and with the treatment needs of the minor, and shall clearly include the following:
a. a statement of the presenting problems of the minor, short- and long-term treatment goals and the estimated date of discharge. The short- and long-term goals shall be based upon a clinical evaluation and shall include specific behavioral and emotional goals against which the success of treatment can be measured,
6. “Least restrictive alternative” means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit to the minor, or to protect the minor or others from physical injury;
7. “Less restrictive alternative to inpatient treatment” means and includes, but is not limited to, outpatient counseling services, including services provided in the home of the minor and which may be referred to as “home-based services”, day treatment or day hospitalization services, respite care, or foster care or group home care, as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, through a program established and specifically designed to meet the needs of minors in need of mental health treatment, or a combination thereof;
d. a professional counselor licensed pursuant to the Licensed Professional Counselors Act,3
e. a person licensed as a clinical social worker pursuant to the provisions of the Licensed Social Workers Act,4
f. a licensed marital and family therapist as defined in the Marital and Family Therapist Licensure Act,5
g. a licensed behavioral practitioner as defined in the Licensed Behavioral Practitioner Act,6
h. an advanced practice nurse, as defined in the Oklahoma Nursing Practice Act,7 specializing in mental health,
j. a licensed alcohol and drug counselor/mental health (LADC/MH) as defined in the Licensed Alcohol and Drug Counselors Act.8
For the purposes of this paragraph, “licensed” means that the person holds a current, valid license issued in accordance with the laws of this state;
9. “Mental health evaluation” means an examination or evaluation of a minor for the purpose of making a determination whether, in the opinion of the licensed mental health professional making the evaluation, the minor is a minor in need of treatment and, if so, is in need of inpatient treatment and for the purpose of preparing reports or making recommendations for the most appropriate and least restrictive treatment for the minor;
10. “Mental health facility” means a public or private hospital or related institution as defined by Section 1-701 of Title 63 of the Oklahoma Statutes offering or providing inpatient mental health services, a public or private facility accredited as an inpatient or residential psychiatric facility by the Joint Commission on Accreditation of Healthcare Organizations, or a facility operated by the Department of Mental Health and Substance Abuse Services and designated by the Commissioner of the Department of Mental Health and Substance Abuse Services as appropriate for the inpatient evaluation or treatment of minors;
11. “Mental illness” means a substantial disorder of the child's thought, mood, perception, psychological orientation or memory that demonstrably and significantly impairs judgment, behavior or capacity to recognize reality or to meet the ordinary demands of life. “Mental illness” may include substance abuse, which is the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional, or physical impairment and cause socially dysfunctional or socially disordering behavior;
b. when the minor is a ward of the court and under the court-ordered supervision of the Department of Human Services, the Office of Juvenile Affairs or a statutorily constituted juvenile bureau, the person designated by the Department of Human Services, the Office of Juvenile Affairs or juvenile bureau to supervise the case;
14. “Initial assessment (medical necessity review)” means the examination of current and recent behaviors and symptoms of a minor who appears to be mentally ill, alcohol-dependent, or drug-dependent and a minor requiring treatment, whose condition is such that it appears that emergency detention may be warranted by a licensed mental health professional at a facility approved by the Commissioner of Mental Health and Substance Abuse Services, or a designee, as appropriate for such examination to determine if emergency detention of the minor is warranted, and whether admission for inpatient mental illness or drug- or alcohol-dependence treatment or evaluation constitutes the least restrictive level of care necessary;
Credits
Laws 1992, c. 298, § 2, eff. July 1, 1993; Laws 1994, c. 156, § 1, eff. July 1, 1994; Laws 1995, c. 254, § 3, eff. Nov. 1, 1995; Laws 1998, c. 144, § 3, emerg. eff. April 22, 1998; Laws 2000, c. 49, § 1, eff. Nov. 1, 2000; Laws 2002, c. 327, § 2, eff. July 1, 2002; Laws 2003, c. 130, § 2, eff. Nov. 1, 2003; Laws 2003, c. 394, § 1; Laws 2005, c. 110, § 2, eff. Nov. 1, 2005; Laws 2006, c. 97, § 25, eff. Nov. 1, 2006; Laws 2009, c. 234, § 138, emerg. eff. May 21, 2009; Laws 2016, c. 280, § 1, eff. Nov. 1, 2016; Laws 2019, c. 360, § 1, eff. Nov. 1, 2019.
Footnotes
Title 59, § 480 et seq.
Title 59, § 620 et seq.
Title 59, § 1901 et seq.
Title 59, § 1250 et seq.
Title 59, § 1925.1 et seq.
Title 59, § 1930 et seq.
Title 59, § 567.1 et seq.
Title 59, § 1870.
43A Okl. St. Ann. § 5-502, OK ST T. 43A § 5-502
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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