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§43A-5-206.
§43A-5-206.
As used in Sections 5-206 through 5-212 of this title:
1. "Licensed mental health professional" means:
a. a psychiatrist who is a diplomate of the American Board of
Psychiatry and Neurology,
b. a licensed clinical psychologist,
c. a licensed professional counselor as defined in Section 1902 of
Title 59 of the Oklahoma Statutes,
d. a person licensed as a licensed clinical social worker pursuant to
Section 1250 et seq. of Title 59 of the Oklahoma Statutes,
e. a licensed marital and family therapist as defined in Section
1925.2 of Title 59 of the Oklahoma Statutes, or
f. a licensed Doctor of Medicine or Doctor of Osteopathy who has
received specific training for and is experienced in performing mental
health therapeutic, diagnostic, or counseling functions or a qualified
examiner as defined in Section 1-103 of this title;
2. "Immediate likelihood of serious harm to self or others" means:
a. a substantial risk of physical harm to oneself as manifested by
evidence of serious threats of or attempts at suicide or other
self-infliction of bodily harm, or
b. a substantial risk of physical harm to another person or persons as
manifested by evidence of violent behavior directed toward another
person or persons, or
c. having placed another person or persons in a reasonable fear of
violent behavior directed towards them or serious physical harm to
them as manifested by serious threats, or
d. a reasonable certainty that without immediate treatment severe
impairment or injury will result to the person alleged to be a person
requiring treatment as manifested by the inability of the person to
avoid or protect self from such impairment or injury;
3. "Evaluation" means the examination of a person who appears to be a
mentally ill person, an alcohol-dependent person, or a drug-dependent
person by two licensed mental health professionals, at least one of
whom is a psychiatrist who is a diplomate of the American Board of
Psychiatry and Neurology, a licensed clinical psychologist, or a
licensed Doctor of Medicine or Doctor of Osteopathy who has received
specific training for and is experienced in performing mental health
therapeutic, diagnostic, or counseling functions, for the purpose of:
a. determining if a petition requesting involuntary commitment or
treatment is warranted, or
b. completing a certificate of evaluation pursuant to Section 5-414 of
this title, or
c. both subparagraphs a and b of this paragraph;
4. "Emergency examination" means the examination of a person who
appears to be a mentally ill person, an alcohol-dependent person, or
drug-dependent person and a person requiring treatment, and whose
condition is such that it appears that emergency detention may be
warranted, by a licensed mental health professional to determine if
emergency detention of the person is warranted;
5. "Emergency detention" means the detention of a person who appears
to be mentally ill, alcohol-dependent, or drug-dependent and a person
requiring treatment in a facility approved by the Commissioner of
Mental Health and Substance Abuse Services as appropriate for such
detention after the completion of an emergency examination and a
determination by a licensed mental health professional that emergency
detention is warranted. No person shall be detained in emergency
detention more than seventy-two (72) hours, excluding weekends and
holidays, except upon a court order authorizing detention beyond a
seventy-two-hour period or pending the hearing on a petition
requesting involuntary commitment or treatment as provided by this
act;
6. "Protective custody" means the taking into protective custody and
detention of a person pursuant to the provisions of Section 5-208 of
this title until such time as an emergency examination is completed
and a determination is made as to whether or not emergency detention
is warranted; and
7. "Prehearing detention" means the court-ordered detention of a
person who is alleged to be mentally ill, alcohol-dependent, or
drug-dependent in a facility approved by the Commissioner as
appropriate for such detention, pending a hearing on a petition
requesting involuntary commitment or treatment as provided by Section
5-415 or 9-102 of this title.
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