Department of Mental Health and Substance Abuse Services; individual to address the Department's consent decree; qualifications; emergency.

An Act
ENROLLED HOUSE
BILL NO. 2513 By: Hilbert, West (Kevin), and
Newton of the House

and

Paxton of the Senate

An Act relating to the Department of Mental Health
and Substance Abuse Services; directing the
Department designate an individual to address the
Department's consent decree; providing qualifications
for the designee; establishing the authority of the
designee; implementing the responsibilities of the
designee; providing for codification; and declaring
an emergency.

SUBJECT: Department of Mental Health and Substance Abuse Services

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-112 of Title 43A, unless there
is created a duplication in numbering, reads as follows:

A. The Department of Mental Health and Substance Abuse Services
shall designate an individual to specifically implement the
requirements of the consent decree resulting from Briggs et al v.
Friesen et al, Case No. 23-CV-00081 (N.D. Okla. Mar. 10, 2025).

B. The designee shall have the requisite training, knowledge,
and credentials to advise the Department in meeting the requirements
of the consent decree. The designee shall have at a minimum the
following requirements:

1. Hold a degree of M.D., D.O., Ph.D., or a Psy.D.;

2. A specialty certification in Forensic Psychiatry or Forensic
Psychology;
ENR. H. B. NO. 2513 Page 2

3. A specific knowledge of the Oklahoma criminal justice and
competency system; and

4. Experience performing competency evaluations and competency
restoration within the last five (5) years.

C. The designee shall:

1. Have the authority to design and manage the section or
division of Forensic Services at the Department;

2. Report only to the Commissioner of Mental Health and
Substance Abuse Services but shall also answer as requested to the
Oklahoma Legislature;

3. Have hiring and firing authority, working in coordination
with the Human Resources Office at the Department;

4. Have ultimate supervisory authority over all current and
future forensic staff including treatment providers and evaluators;

5. Be responsible for all policies, credentialing, training,
and education of all forensic evaluators utilized by the Department;

6. Be responsible for all quality and professional standards
regarding forensic evaluations performed by the Department;

7. Be responsible for all communication with jails and courts
regarding defendants within the forensic system;

8. Have responsibility for all forensic-related legislation
that derives from the Department and shall work with the staff of
the Speaker of the Oklahoma House of Representatives and the
President Pro Tempore of the Oklahoma State Senate in designing and
pursuing such legislation;

9. Work and collaborate with the federally approved monitors
assigned by the consent decree in Briggs et al v. Friesen et al,
Case No. 23-CV-00081 (N.D. Okla. Mar. 10, 2025), and shall be
allowed to meet outside of the presence of any other Department
employee or contracted legal firm, including the Department's
general counsel;

ENR. H. B. NO. 2513 Page 3
10. Have, in accordance with the Health Insurance Portability
and Accountability Act (HIPAA), access to all data and systems
necessary to carry out the requirements of the consent decree in
Briggs et al v. Friesen et al, Case No. 23-CV-00081 (N.D. Okla. Mar.
10, 2025);

11. Have unrestricted access to the Data Support division and
information technology (IT) support in order to design and implement
dashboards necessary to design a competency continuum in Oklahoma;

12. Have control of all legislatively appropriated dollars
designated for the consent decree in Briggs et al v. Friesen et al,
Case No. 23-CV-00081 (N.D. Okla. Mar. 10, 2025); and

13. Prepare a detailed budget and regular reports or audits of
funds and deliver to the Oklahoma Legislature on a regular basis and
as requested.

SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.

ENR. H. B. NO. 2513 Page 4
Passed the House of Representatives the 21st day of May, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the 28th day of May, 2025.

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: _________________________________