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43A-1-103.


43A-1-103.
   
   When used in this title, unless otherwise expressly stated, or unless
   the context or subject matter otherwise requires:
   
   1. "Department" means the Department of Mental Health and Substance
   Abuse Services;
   
   2. "Chairman" means chairman of the Board of Mental Health and
   Substance Abuse Services;
   
   3. "Mentally ill person" means any person afflicted with a substantial
   disorder of thought, mood, perception, psychological orientation or
   memory that significantly impairs judgment, behavior, capacity to
   recognize reality or ability to meet the ordinary demands of life;
   
   4. "Board" means the "Board of Mental Health and Substance Abuse
   Services" as established by this law;
   
   5. "Commissioner" means the individual selected and appointed by the
   Board to serve as Commissioner of Mental Health and Substance Abuse
   Services;
   
   6. "Indigent person" means a person who has not sufficient assets or
   resources to support himself while mentally ill and to support members
   of his family lawfully dependent on him for support;
   
   7. "Facility" means any hospital, school, building, house or retreat,
   authorized by law to have the care, treatment or custody of the
   mentally ill or drug-dependent or alcohol-dependent persons including,
   but not limited to, public or private hospitals, community mental
   health centers, clinics, satellites or institutions; provided that
   facility shall not mean a child guidance center operated by the State
   Department of Health;
   
   8. "Patient" means a person under care or treatment in a facility
   pursuant to this act, Section 1-101 et seq. of this title, or in an
   outpatient status;
   
   9. "Care and treatment" means medical care, surgical attendance,
   nursing and medications, as well as food, clothing and maintenance,
   furnished a patient;
   
   10. Whenever in this law, or in any other law, or in any rule, order
   or regulation, made or promulgated pursuant to this law, or to any
   other law, or in the printed forms prepared for the admission of
   patients or for statistical reports, the words "insane", "insanity",
   "lunacy", "mentally sick", "mental disease" or "mental disorder", or
   any of them, are used, they shall have equal significance to the words
   "mentally ill";
   
   11. Whenever in this law, or in any other law, or in any rule, order
   or regulation, made or promulgated pursuant to this act, or any other
   law, or in the printed forms prepared for the admission of patients or
   for statistical reports, the terms "certification" of a person, a
   person "certified" or to "certify" a person by a court of competent
   jurisdiction to a facility as provided by this act shall have equal
   significance to the terms "commitment" of a person, a person
   "committed" or to "commit" a person;
   
   12. "Qualified examiner" means any doctor of medicine, clinical
   psychologist or osteopathic physician who is duly licensed to practice
   his profession by the State Board of Medical Licensure and
   Supervision, the State Board of Examiners of Psychologists or the
   Oklahoma Board of Osteopathic Examiners and who is not related by
   blood or marriage to the person being examined or has any interest in
   his estate except as modified under the provisions of this title;
   
   13. "Mentally incompetent person" means any person who has been
   adjudicated mentally or legally incompetent by an appropriate district
   court;
   
   14. "Person requiring treatment" means either:
   
   a. a person who has a demonstrable mental illness or is a drug- or
   alcohol-dependent person and who as a result of that mental illness or
   dependency can be expected within the near future to intentionally or
   unintentionally seriously and physically injure himself or another
   person and who has engaged in one or more recent overt acts or made
   significant recent threats that substantially support that
   expectation, or
   
   b. a person who has a demonstrable mental illness or is a drug- or
   alcohol-dependent person and who as a result of that mental illness or
   dependency is unable to attend to those of his basic physical needs
   such as food, clothing or shelter that must be attended to in order
   for him to avoid serious harm in the near future and who has
   demonstrated such inability by failing to attend to those basic
   physical needs in the recent past, or
   
   c. a person who appears to require inpatient treatment:
   
   (1) (a) for a previously diagnosed history of schizophrenia, bipolar
   disorder, or major depression with suicidal intent, or
   
   (b) due to the appearance of symptoms of schizophrenia, bipolar
   disorder, or major depression with suicidal intent, and
   
   (2) for whom such treatment is reasonably believed to prevent
   progressively more debilitating mental impairment.
   
   Person requiring treatment shall not mean a person whose mental
   processes have simply been weakened or impaired by reason of advanced
   years, a mentally deficient person as defined in Title 10 of the
   Oklahoma Statutes, or a person with epilepsy, unless the person also
   meets the criteria set forth in this paragraph. However, the person
   may be hospitalized under the voluntary admission provisions of this
   act if he is deemed clinically suitable and a fit subject for care and
   treatment by the person in charge of the facility;
   
   15. "Petitioner" means a person who files a petition alleging that an
   individual is a person requiring treatment;
   
   16. "Person in charge of the facility" means the person in charge of
   any hospital, school, building, house or retreat, authorized by law to
   have the care, treatment or custody of the mentally ill including, but
   not limited to, public or private hospitals, community mental health
   centers, clinics, satellites or institutions; provided that person in
   charge of the facility shall not mean persons in charge of child
   guidance centers operated by the Department of Health;
   
   17. "Private hospital or institution" means any general hospital
   maintaining a neuro-psychiatric unit or ward, or any private hospital
   or sanitarium for care and treatment of mentally ill persons, which is
   not supported by state or federal government, except that the term
   shall include the Oklahoma Memorial Hospital Neuro-psychiatric Unit.
   The term shall not include nursing homes or other facilities
   maintained primarily for the care of aged and infirm persons; and
   
   18. "Individualized treatment plan" means a proposal developed during
   a patient's stay in a facility, under the provisions of this title,
   which is specifically tailored to the individual patient's treatment
   needs. Each plan shall clearly include the following:
   
   a. a statement of treatment goals or objectives, based upon and
   related to a clinical evaluation, which can be reasonably achieved
   within a designated time interval,
   
   b. treatment methods and procedures to be used to obtain these goals,
   which methods and procedures are related to each of these goals and
   which include specific prognosis for achieving each of these goals,
   
   c. identification of the types of professional personnel who will
   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,
   
   d. documentation of patient involvement and, if applicable, the
   patient's accordance with the treatment plan, and
   
   e. a statement attesting that the person in charge of the facility or
   clinical director has made a reasonable effort to meet the plan's
   individualized treatment goals in the least restrictive environment
   possible closest to the patient's home community.
   

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