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An Act
ENROLLED HOUSE
BILL NO. 2137 By: Stinson and Archer of the
House
and
Pugh of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1175.8, which relates to the
resumption of competency; requiring the Department of
Mental Health and Substance Abuse Services to provide
notification to certain parties when seeking to
administer medication; providing for the filing of
applications for court orders authorizing medication;
requiring applications to indicate certain
information; requiring hearings to be held within
certain time frame; providing an exception; providing
list of rights for persons subject to an order
requiring the administration of medication; requiring
petitioner to provide clear and convincing evidence
in application; directing the court to make specific
findings of fact; establishing time limitations for
administering medications; providing construing
provision; amending 51 O.S. 2021, Section 152, as
last amended by Section 1, Chapter 314, O.S.L. 2025
(51 O.S. Supp. 2025, Section 152), which relates to
The Governmental Tort Claims Act; modifying
definitions; and providing an effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.8, is
amended to read as follows:
Section 1175.8. A. If the medical supervisor reports that the
person appears to have achieved competency after a finding of
incompetency, the court shall hold another competency hearing to
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determine if the person has achieved competency. If competency has
been achieved, the criminal proceedings shall be resumed.
B. If the Department of Mental Health and Substance Abuse
Services or its designee wishes to administer medication, including
psychotropic medication, to a person in custody under the provisions
of subsection A of Section 1175.6a of this title and has reason to
believe the person lacks the capacity to consent to or refuse
medication or the person refuses to take the medication voluntarily,
the Department or its designee shall notify the court, the
prosecuting office that filed the criminal petition, and the
attorney for the person. The prosecuting office or the Department
or its designee may, on behalf of the state, file an application for
an order authorizing medication for purposes of competency
restoration with the court. Any such application shall also seek
authorization to continue medication for purposes of maintaining the
level of restoration while incarcerated following competency
restoration.
C. An application seeking authorization of medication shall
indicate:
1. If the treating physician of the person believes the person
lacks the capacity to make a decision regarding administration of
the medication and the reasons for that belief;
2. A summary of the individualized treatment plan of the
person, including the class of medications to be potentially
administered and the corresponding dosage ranges;
3. The diagnosis of the person made by the treating physician;
and
4. The proposed method for administering the medication and, if
the method is not customary, an explanation justifying the departure
from the customary method.
D. The hearing on the application shall be held no later than
thirty (30) days after the filing of the application, unless good
cause is shown.
E. A person for whom an application for an order to authorize
the administration of medication is filed is entitled to:
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1. An attorney to represent the person at the hearing. If the
person cannot afford an attorney, the court shall appoint an
attorney;
2. Meet with the attorney as soon as practicable to prepare for
the hearing;
3. Receive, as soon as practicable after the time the hearing
is set, a copy of the application and written notice of the time,
place, and date of the hearing;
4. Notice of the right to a hearing and right to the assistance
of an attorney to prepare for the hearing;
5. Be present at the hearing;
6. Request from the court an independent expert; and
7. Notification at the conclusion of the hearing of the
determination made by the court.
F. The administration of medication shall not be ordered unless
the petitioning party proves by clear and convincing evidence that:
1. There exists an important state interest that justifies
overriding the lack of consent by the person to the administration
of medication;
2. Involuntary medication is substantially likely to render the
person competent to stand trial and substantially unlikely to have
side effects that will interfere significantly with the ability of
the person to assist trial counsel;
3. Involuntary medication is necessary to further the interests
of the state and any alternative, less intrusive treatments are not
likely to achieve substantially the same results; and
4. The administration of the medication is in the best medical
interest of the person in light of the medical condition of the
person.
G. The court shall make specific findings of fact concerning:
1. Each consideration listed under the provisions of subsection
F of this section;
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2. The desires of the person regarding the proposed treatment;
and
3. The capacity of the person to consent to or refuse
medication.
H. An order for the administration of medications entered
following a hearing conducted pursuant to this section shall be
effective for the period of the current involuntary commitment order
and any interim period during which the person is awaiting trial or
a hearing on a new petition for involuntary treatment or involuntary
medication. The order shall specify all medications to be
potentially involuntarily administered and corresponding dosage
ranges.
I. Nothing in this section shall be construed to invalidate,
prohibit, or alter the administration of medication to a person
under other laws or regulations of this state.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 152, as last
amended by Section 1, Chapter 314, O.S.L. 2025 (51 O.S. Supp. 2025,
Section 152), is amended to read as follows:
Section 152. As used in The Governmental Tort Claims Act:
1. “Action” means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
2. “Agency” means any board, commission, committee, department
or other instrumentality or entity designated to act in behalf of
the state or a political subdivision;
3. “Charitable health care provider” means a person who is
licensed, certified, or otherwise authorized by the laws of this
state to administer health care in the ordinary course of business
or the practice of a profession and who provides care to a medically
indigent person, as defined in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with The
Governmental Tort Claims Act to recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an employee;
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5. “Claimant” means the person or the person’s authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. Only the following persons and no
others may be claimants:
a. any person holding an interest in real or personal
property which suffers a loss, provided that the claim
of the person shall be aggregated with claims of all
other persons holding an interest in the property and
the claims of all other persons which are derivative
of the loss, and that multiple claimants shall be
considered a single claimant,
b. the individual actually involved in the accident or
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim the losses of
all other persons which are derivative of the loss, or
c. in the case of death, an administrator, special
administrator or a personal representative who shall
aggregate in the claim all losses of all persons which
are derivative of the death;
6. “Community health care provider” means:
a. a health care provider who volunteers services at a
community health center that has been deemed by the
U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42
U.S.C., Section 1396d(l)(2)(B),
b. a health provider who provides services to an
organization that has been deemed a federally
qualified look-alike community health center, and
c. a health care provider who provides services to a
community health center that has made application to
the U.S. Department of Health and Human Services for
approval and deeming as a federally qualified look-
alike community health center in compliance with
federal application guidance, and has received
comments from the U.S. Department of Health and Human
Services as to the status of such application with the
established intent of resubmitting a modified
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application, or, if denied, a new application, no
later than six (6) months from the date of the
official notification from the U.S. Department of
Health and Human Services requiring resubmission of a
new application;
7. “Employee” means any person who is authorized to act in on
behalf of a political subdivision or the state whether that person
is acting on a permanent or temporary basis, with or without being
compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a person or other legal
entity while acting in the capacity of an
independent contractor or an employee of an
independent contractor,
(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and Certified Nurse-Midwives providing
prenatal, delivery or infant care services to
State Department of Health clients pursuant to a
contract entered into with the State Department
of Health in accordance with paragraph 3 of
subsection C of Section 1-106 of Title 63 of the
Oklahoma Statutes but only insofar as services
authorized by and in conformity with the terms of
the contract and the requirements of Section 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
when performing duties for a fire department
provided for in subparagraph j of paragraph 12 of
this section.
b. For the purposes of The Governmental Tort Claims Act,
the following are employees of this state, regardless
of the place in this state where duties as employees
are performed:
(1) physicians acting in an administrative capacity,
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(2) resident physicians and resident interns
participating in a graduate medical education
program of the University of Oklahoma Health
Sciences Center, the Oklahoma State University
College of Osteopathic Medicine, a public trust
created pursuant to Section 3224 of Title 63 of
the Oklahoma Statutes and any sole member not-
for-profit corporation of the public trust and
any sole member not-for-profit subsidiary of such
corporation, or the Department of Mental Health
and Substance Abuse Services,
(3) faculty members and staff of the University of
Oklahoma Health Sciences Center, the Oklahoma
State University College of Osteopathic Medicine,
or a public trust created pursuant to Section
3224 of Title 63 of the Oklahoma Statutes and any
sole member not-for-profit corporation of the
public trust and any sole member not-for-profit
subsidiary of such corporation, while engaged in
teaching duties,
(4) physicians who practice medicine or act in an
administrative capacity as an employee of an
agency of this state,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,
(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahoma Statutes,
who is under an administrative professional
services contract with the Oklahoma Health Care
Authority under the auspices of the Oklahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as professional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Authority,
only while acting within the scope of such
contract,
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(7) licensed medical professionals, health care
companies, and employees of health care companies
under contract with city, county, or state
entities who provide medical care to inmates or
detainees in the custody or control of law
enforcement agencies,
(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are conducting initial
examinations of individuals for the purpose of
determining whether an individual meets the
criteria for emergency detention as part of a
contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional services contract with the
Department of Mental Health and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and physician staff of the
University of Oklahoma Health Sciences Center, the
Oklahoma State University College of Osteopathic
Medicine, or a public trust created pursuant to
Section 3224 of Title 63 of the Oklahoma Statutes and
any sole member not-for-profit corporation of the
public trust and any sole member not-for-profit
subsidiary of such corporation not acting in an
administrative capacity or engaged in teaching duties
are not employees or agents of the state.
c. For the purposes of The Governmental Tort Claims Act,
employee shall include independent contractors and
employees of independent contractors while actively
engaged in the transport of individuals in need of
initial assessment, emergency detention, or protective
custody as authorized by Section 1-110 of Title 43A of
the Oklahoma Statutes.
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d. Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
for the tortious conduct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients.
e. For purposes of The Governmental Tort Claims Act,
members of the state military forces on state active
duty orders or on Title 32 active duty orders are
employees of this state, regardless of the place,
within or outside this state, where their duties as
employees are performed;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;
9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose personal resources are insufficient to
provide for needed health care;
10. “Municipality” means any incorporated city or town, and all
institutions, agencies or instrumentalities of a municipality;
11. “Occurrence” means a loss arising out of an accident or
event or a continuous or repeated exposure to substantially the same
general harmful conditions. All losses arising out of an accident
or event or a continuous or repeated exposure to substantially the
same general harmful conditions shall be deemed to have arisen out
of one occurrence;
12. “Political subdivision” means:
a. a municipality,
b. a school district, including, but not limited to, a
technology center school district established pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes, or a public library as defined
pursuant to Section 1-104 of Title 65 of the Oklahoma
Statutes,
c. a county,
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d. a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Governmental Tort Claims
Act, a public trust shall include:
(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant to
Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes and managed by a governing
board appointed or elected by the municipality,
county, or both, who exercises control of the
hospital, subject to the approval of the
governing body of the municipality, county, or
both,
(2) a public trust created pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state that
serves as a teaching hospital for a medical
residency program provided by a college of
osteopathic medicine and provides care to
indigent persons, and
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The Governmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authorities Act,
f. for the purposes of The Governmental Tort Claims Act
only, corporations organized not for profit pursuant
to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and
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providing rural water supply and sewage disposal
facilities to serve rural residents,
g. for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant to the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h. for the purposes of The Governmental Tort Claims Act
only, master conservancy districts formed pursuant to
the Conservancy Act of Oklahoma,
i. for the purposes of The Governmental Tort Claims Act
only, a fire protection district created pursuant to
the provisions of Section 901.1 et seq. of Title 19 of
the Oklahoma Statutes,
j. for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of the Oklahoma Statutes,
k. for purposes of The Governmental Tort Claims Act only,
an emergency services provider rendering services
pursuant to an existing contract between the emergency
services provider and the State Department of Health.
Provided, however, that the acquisition of commercial
liability insurance covering the activities of such
emergency services provider performed within this
state shall not operate as a waiver of any of the
limitations, immunities or defenses provided for
political subdivisions pursuant to the terms of The
Governmental Tort Claims Act,
l. for purposes of The Governmental Tort Claims Act only,
a conservation district created pursuant to the
provisions of the Conservation District Act,
m. for purposes of The Governmental Tort Claims Act,
districts formed pursuant to the Oklahoma Irrigation
District Act,
n. for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
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Sections 5035 through 5040.1 of Title 74 of the
Oklahoma Statutes,
o. for purposes of The Governmental Tort Claims Act only,
any organization that is designated as a youth
services agency, pursuant to Section 2-7-306 of Title
10A of the Oklahoma Statutes,
p. for purposes of The Governmental Tort Claims Act only,
any judge presiding over a drug court, as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
q. for purposes of The Governmental Tort Claims Act only,
any child-placing agency licensed by this state to
place children in foster family homes,
r. for purposes of The Governmental Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
s. for purposes of The Governmental Tort Claims Act only,
a substate planning district, regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, and
t. for purposes of The Governmental Tort Claims Act only,
a regional transportation authority created pursuant
to Section 1370.7 of Title 68 of the Oklahoma Statutes
including its contract operator and any railroad
operating in interstate commerce that sells a property
interest or provides services to a regional
transportation authority or allows the authority to
use the property or tracks of the railroad for the
provision of public passenger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property interest, services or
operation of the public passenger rail service.
Provided, the acquisition of commercial liability
insurance to cover the activities of the regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
liabilities, immunities or defenses provided pursuant
to the provisions of The Governmental Tort Claims Act,
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and all their institutions, instrumentalities or agencies;
13. “Scope of employment” means performance by an employee
acting in good faith within the duties of the employee’s office or
employment or of tasks lawfully assigned by a competent authority
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption or fraud;
14. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution,
hospital, college, university, public trust created pursuant to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
15. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
16. “State military forces” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
17. “Title 32 active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes; and
18. “Tort” means a legal wrong, independent of contract,
involving violation of a duty imposed by general law, statute, the
Oklahoma Constitution, or otherwise, resulting in a loss to any
person, association or corporation as the proximate result of an act
or omission of a political subdivision or the state or an employee
acting within the scope of employment; provided, however, a tort
shall not include a claim for inverse condemnation.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________