§43A-3-415.

§43A-3-415.
   
   A. 1. The Alcohol and Drug Abuse Prevention, Training, Treatment and
   Rehabilitation Authority shall promulgate regulations and standards
   for certification for private facilities and organizations which
   provide treatment, counseling, rehabilitation, and other related
   services directed toward alcohol- and drug-dependent persons. These
   facilities and organizations shall be known as "Certified Services for
   the Alcohol and Drug Dependent". Only certified facilities may receive
   and assist alcohol- and drug-dependent persons by providing treatment,
   rehabilitation, and other related services to alcohol- and
   drug-dependent persons.
   
   2. Any person violating the requirement that only certified facilities
   may receive and assist alcohol- and drug-dependent persons by
   providing treatment, rehabilitation, and other related services to
   alcohol- and drug-dependent persons, upon conviction, shall be guilty
   of a misdemeanor.
   
   B. 1. Applications for certification as a certified service for the
   alcohol- and drug-dependent person pursuant to the provisions of this
   section shall be made to the Alcohol and Drug Abuse Prevention,
   Training, Treatment and Rehabilitation Authority on prescribed forms.
   
   2. In reviewing and determining the merits of an application for
   certification, the Authority may:
   
   a. utilize and consider all available materials and information
   discovered or submitted to the Authority; provided, the Authority
   shall notify the applicant of the existence of such materials and
   information at least seventy-two (72) hours in advance of the hearing,
   and
   
   b. review, hear and consider all available evidence regarding issues
   of safety and effectiveness of the treatment modality utilized by the
   applicant.
   
   C. The Authority may certify the facility for a period of thirty-six
   (36) months subject to renewal as provided.
   
   D. For good cause shown, including but not limited to failure to
   comply with regulations and standards promulgated by the Authority,
   pending state or federal investigations, or verified complaints
   concerning matters affecting the proper operation or ownership of the
   facility, the Authority may postpone, deny or withdraw the
   certification of the facility.
   
   E. Licensed physicians, licensed psychologists, licensed social
   workers, individual members of the clergy, and certified alcohol or
   drug abuse counselors are exempt from the regulations and standards
   for certification, provided that such exemptions shall apply only to
   individual professional persons in their private practice and not to
   any treatment facility operated by such person. Properly licensed
   hospitals, programs operated by the State Department of Health or
   Department of Human Services, programs conducted and facilities
   operated by Alcoholics Anonymous, the Department of Corrections, the
   Department of Mental Health and Substance Abuse Services, or the
   Salvation Army are also exempt from the provisions of the Oklahoma
   Alcohol and Drug Abuse Services Act, Section 3-401 et seq. of this
   title.
   
   F. Certified services for the alcohol- or drug-dependent person shall
   comply with standards adopted by the Alcohol and Drug Abuse
   Prevention, Training, Treatment and Rehabilitation Authority. Such
   standards shall require that treatment and therapeutic methods shall
   be in compliance with:
   
   1. The Joint Commission on Accreditation of Healthcare Organizations;
   
   2. The Commission on Accreditation of Rehabilitation Facilities; or
   
   3. Approved medical and professional standards as determined by the
   Board of Mental Health and Substance Abuse Services.
   
   G. The Board may require a precertification review of any new
   applications that appear to use nontraditional methods of treatment.
   The Board may select an independent, recognized authority in Oklahoma
   to review such programs to make recommendations to the Board as to the
   validity of the proposed program.
   
   H. Any facility or organization certified to provide certified
   services shall cooperate with inspection personnel of the state and
   shall promptly file all reports required by the Alcohol and Drug Abuse
   Prevention, Training, Treatment and Rehabilitation Authority.
   
   I. Failure to comply with regulations and standards promulgated by the
   Authority shall be grounds for revocation of certification and
   licensing, after proper notice and hearing.
   
   J. All claims by and accomplishments publicized by any applicant for
   certification or any certified alcohol- or drug-dependent
   organization, including but not limited to patient count and success
   rates, shall be documented and verifiable by the Board.
   
   K. The Alcohol and Drug Abuse Prevention, Training, Treatment and
   Rehabilitation Authority is hereby authorized to collect from each
   applicant the sum of One Hundred Dollars ($100.00) annually to help
   defray the costs incurred in the certification procedure.
   
   L. Any materials or information received by the Authority from an
   applicant regarding the applicant's financial status or including a
   client's identity shall not be construed to be open records pursuant
   to the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of
   the Oklahoma Statutes.