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§ 6-102. Transfer to federal agency for care and treatment

Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: April 25, 2022

Oklahoma Statutes Annotated
Title 43a. Mental Health (Refs & Annos)
Chapter 1. Mental Health Law of 1986 (Refs & Annos)
Transfer and Release--Nonresidents
Effective: April 25, 2022
43A Okl.St.Ann. § 6-102
§ 6-102. Transfer to federal agency for care and treatment
A. 1. Upon receipt of a certificate of the United States Public Health Service or any agency of the United States Government or a State Veterans Home that facilities are available for the care or treatment of any person who has been admitted to a facility within the Department of Mental Health and Substance Abuse Services in accordance with the provisions of this title and that such person is eligible for care or treatment, the Commissioner of Mental Health and Substance Abuse Services, upon recommendation by the person in charge of the facility in which the consumer is located, may transfer the consumer to:
a. the United States Public Health Service or other agency of the United States Government, or
b. a State Veterans Home or other agency of the state for care and treatment.
2. If the consumer has been admitted under involuntary court-ordered commitment proceedings, the Commissioner shall notify the committing court of any transfer when it has been effected.
3. Any consumer transferred as provided in this section shall be deemed to be committed to the United States Public Health Service or other agency of the United States Government or a State Veterans Home or other agency of the state pursuant to the original commitment the same as if the person had been originally committed.
B. 1. In the event that a consumer transferred under provisions of this section subsequently becomes ineligible for continued services, or if required services cannot be provided by the entity or facility where the consumer is committed and residing, the Commissioner shall upon notification accept the return of the consumer to the appropriate facility of the Department.
2. If the consumer has been admitted under this title, the Commissioner shall notify the committing court of the transfer when it has been effected.
3. Any consumer transferred as provided in this section shall be deemed to be committed to the Department pursuant to the original commitment the same as if the person had been originally committed.

Credits

Laws 1953, p. 167, § 72, emerg. eff. June 3, 1953; Laws 1959, p. 189, § 4, emerg. eff. June 27, 1959; Laws 1980, c. 83, § 1, eff. Oct. 1, 1980. Renumbered from Title 43A, § 72 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Laws 2005, c. 150, § 52, emerg. eff. May 9, 2005; Laws 2022, c. 83, § 5, emerg. eff. April 25, 2022.
43A Okl. St. Ann. § 6-102, OK ST T. 43A § 6-102
Current with emergency effective legislation through Chapter 90 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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