§43A-2-202.

§43A-2-202.
   
   Except as herein provided, the Commissioner of Mental Health and
   Substance Abuse Services shall have charge of the administration of
   the Department of Mental Health and Substance Abuse Services as
   directed by the Board of Mental Health and Substance Abuse Services
   and shall be charged with the duty of carrying out the provisions of
   the Mental Health Law. The Commissioner shall appoint a business
   administrator for the Department with the approval of the Board. The
   Commissioner may appoint necessary personnel to carry on the work of
   the Department, prescribe their titles and duties, and fix their
   compensation. The Commissioner may prescribe rules for the operation
   of the Department. In addition, the Commissioner shall:
   
   1. Counsel with the various superintendents about their institutional
   needs and budget requests and shall prepare and submit for appropriate
   legislative action budget requests sufficient to carry on the
   functions of the Department. These budget requests shall be submitted
   to the Board for its recommendations before being submitted for
   legislative action;
   
   2. Appoint the superintendents of the institutions within the
   Department with the consent of the Board. The Commissioner, with the
   consent of the Board, may remove a superintendent for cause;
   
   3. Develop, institute, and administer such administrative and
   professional policies as may be necessary to guarantee effective,
   efficient and uniform operation of the Department and its
   institutions;
   
   4. Prescribe uniform reports to be made by the superintendents of the
   institutions and designate forms to be used;
   
   5. After conference with the superintendent of each institution,
   determine the number of employees to be appointed and fix their
   respective titles, salaries, and wages which shall be as uniform as
   possible for comparable service;
   
   6. Aid, assist and cooperate with the State Department of Health,
   institutions of higher learning, public schools, and others interested
   in public education regarding the issue of mental hygiene in the
   establishment of a sound mental health program in the State of
   Oklahoma;
   
   7. a. Visit each institution in the Department at least four times
   during each calendar year. During such visits, the Commissioner shall
   have access to any or all institutional facilities and records and
   shall have the privilege of interviewing all personnel and patients
   within the institution. The purpose of such visits shall be:
   
   (1) to review and evaluate the professional and administrative
   activity of such institutions,
   
   (2) to ensure compliance with medical and administrative policies and
   procedures established by the Department,
   
   (3) to modify and revise existing operating procedure to improve
   operational effectiveness,
   
   (4) to institute new policies and procedures to effect improvement and
   economy of overall operation, and
   
   (5) to coordinate the activities of each institution with the overall
   operation of the Department.
   
   b. Following each official visit, the Commissioner shall make a report
   of the Commissioner's findings and recommendations, and submit such
   findings and recommendations to the Board;
   
   8. Authorize other members of the Department to visit the institutions
   in the Department. Such persons shall have the same power to inspect
   the institution and its records and to interview personnel and
   patients as the Commissioner;
   
   9. Designate, with the consent of the Board, which type of patient
   shall be cared for at each institution or community mental health
   center and designate hospital or community mental health center
   districts for the purpose of determining to which of the institutions
   within the Department or community mental health centers persons
   committed from each county shall initially be sent. These designations
   may be changed from time to time. Patients may be transferred from one
   institution to another within the Department on the authority of the
   Commissioner as provided for in the Mental Health Law. Permanent
   transfer of a patient may be made when it is apparent that the
   patient's general welfare, care, and treatment can be more effectively
   provided at another institution, provided the parents or guardian are
   notified as soon as possible of the transfer. Temporary transfer of a
   patient may be made in order that a patient may have the advantage of
   special services not available at the institution of such patient's
   present residence. Requests for transfer shall be initiated by the
   superintendent of the institution in which the patient resides.
   Sufficient supporting information from the patient's records shall be
   submitted by the superintendent to the Commissioner to warrant a
   decision as to the advisability of the transfer;
   
   10. Call meetings of the superintendents of the institutions in the
   Department, and act as chair of such meetings, to discuss common
   problems in order to obtain uniformity and bring about coordination of
   the institutions for the maximum service to the state. Such called
   meetings may or may not be held jointly with the Board;
   
   11. Act as chair of a Board of Psychiatric Examiners to review the
   case of any patient, and to examine any patient when the
   superintendent of any institution concludes that a patient within such
   institution is subject to discharge but such superintendent is
   unwilling to discharge the patient as provided in the Mental Health
   Law. The Board of Psychiatric Examiners shall be composed of the
   Commissioner and two members selected by the Board. Such members shall
   be selected from persons who are qualified examiners according to the
   Mental Health Law. The Commissioner may designate a third qualified
   examiner to act as chair when circumstances warrant and when the
   Commissioner deems it necessary;
   
   12. Keep a list of all nonresidents admitted to an institution within
   the Department and to make every effort possible to make arrangements
   with other states so that mentally ill persons who are being cared for
   at public expense in any institution in this state and who are
   citizens or residents of such other states may be transferred at the
   expense of this state to similar institutions in such other states.
   The Commissioner shall not prevail upon relatives or friends of such
   mentally ill person or any other person to defray such expenses.
   Mentally ill persons who are being cared for at public expense in
   hospitals for mentally ill or institutions of other states, other than
   persons who have been transferred from penal institutions and the
   terms of whose sentences to such penal institutions shall not have
   expired, and who are citizens or residents of this state, may be
   transferred at the expense of such other states to similar
   institutions in this state. Removal of a nonresident to the
   nonresident's state may be authorized by the Commissioner and all
   expenses of such transfer shall be taken from the Travel Fund of the
   institution if the transfer is to be at public expense. Patients
   returned to this state pursuant to these provisions shall be delivered
   directly to the hospital designated by the Commissioner and shall be
   admitted in accordance with these provisions;
   
   13. Compile and keep a central registration of names and addresses,
   and names of nearest relatives of all residents of mental
   institutions. Such record and the documents from which it is compiled
   shall be confidential and the information contained therein shall not
   be disclosed to any person except to the State Commissioner of Health
   and the Department of Human Services. Upon request, such record or
   documents shall be available to authorized representatives of the
   federal government;
   
   14. Prescribe the official forms of any and all papers not
   specifically described in the Mental Health Law including those to be
   used in ordering a person to an institution within the Department,
   except that when a person is ordered to an institution by a court, the
   order to hospitalize or admit such person may be on such form as the
   court deems proper;
   
   15. Utilize the services of employees of the Department of Central
   Services, the State Department of Health, and the Department of Human
   Services when authorized by the chair or commissioner thereof. When
   employees of those agencies are used, the Commissioner of Mental
   Health and Substance Abuse Services may authorize payment of their
   traveling expenses as provided by law;
   
   16. Have power to make contracts and agreements with other departments
   of this state to carry out these provisions;
   
   17. Make a written report annually to the Governor concerning the
   administration of the Department and submit copies thereof to members
   of the Legislature. Such report shall be presented one (1) month prior
   to the convening of any regular session of the Legislature and shall
   include:
   
   a. specific information regarding the number of patients admitted,
   treated, and discharged,
   
   b. the methods of treatment used and an appraisal of the success
   thereof,
   
   c. the financial condition and needs of each institution in the
   Department,
   
   d. any long-range plans or recommendations for the utilization and
   improvement of facilities, equipment, and personnel and for the care
   and treatment of patients,
   
   e. any recommendations requiring legislation, and
   
   f. major findings, in summarized form, obtained by visits made
   pursuant to the provisions of paragraph 7 of this section;
   
   18. Have power to designate as peace officers qualified personnel in
   the fire and safety officer, security officer and correctional officer
   job classifications. The authority of employees so designated shall be
   limited to maintaining custody of patients in mental health
   facilities, maintaining security or performing functions similar to
   those performed by correctional officers or other security personnel
   for Department of Corrections inmates housed in mental health
   facilities, preventing attempted escapes, and pursuing and returning
   court committed patients and Department of Corrections inmates who
   have escaped from Department of Mental Health and Substance Abuse
   Services facilities. The powers and duties of such peace officers may
   be exercised for the purpose of maintaining custody of any patient
   being transported within the state and outside the State of Oklahoma
   pursuant to the authority of the Interstate Compact on Mental Health.
   To become qualified for designation as a peace officer pursuant to
   this section, an employee shall meet the training and screening
   requirements of the Department of Corrections pursuant to
   subparagraphs a through g of paragraph 2 of Section 510 of Title 57 of
   the Oklahoma Statutes and be of good moral character; and
   
   19. Exercise any other power necessary to implement the provisions of
   the Mental Health Law.