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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3489 By: McCane
AS INTRODUCED
An Act relating to mental health crisis; creating the
Oklahoma Health Crisis Communication and Patient
Rights Act; defining terms; providing for intake
procedures; providing for temporary decision support;
establishing regulations for capacity and consent;
providing for transfer notification and continuity of
care; allowing for coordination with primary care
providers; requiring reports to the Legislature;
providing for patient rights; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Oklahoma Health
Crisis Communication and Patient Rights Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. "Approved contact" means an individual designated verbally
or in writing by the patient to receive information consistent with
federal and state law including the Health Insurance Portability and
Accountability Act (HIPAA);
2. "Capacity assessment" means a clinical determination of a
patient's ability to understand, make, and communicate informed
decisions concerning treatment;
3. "Mental health facility" means any hospital crisis center,
residential treatment program, or other licensed facility that
provides evaluation, stabilization, or treatment for mental health
conditions; and
4. "Temporary decision support" means a lawful process created
by this act that allows a family member or legally authorized
representative to participate in treatment decisions when a patient
lacks decision-making capacity.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.1 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. At the time of intake, every mental health facility shall:
1. Request that each patient identify one or more approved
contacts;
2. Inform the patient of the right to authorize communication
with family members, caregivers, or representatives; and
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3. Document the designation or refusal to designate any
approved contact.
B. When a patient is unable to communicate preferences, the
facility may share limited information with a family member,
caregiver, or responsible party based on professional judgment and
in the best interest of the patient, consistent with the Health
Insurance Portability and Accountability Act (HIPAA).
C. All attempts to obtain patient authorization and all uses of
professional judgment pursuant to this section shall be documented
in the patient record.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.2 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Mental Health and Substance Abuse
Services shall establish a statewide temporary decision support
process for patients who temporarily lack decision-making capacity.
B. The temporary decision support process shall:
1. Allow participation by a family member or legally authorized
representative;
2. Apply only during periods in which a patient is unable to
make informed decisions;
3. Terminate immediately upon the patient regaining capacity;
4. Not replace guardianship proceedings or alter due process
requirements; and
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5. Comply with all federal and state privacy and patient
protection laws.
C. All determinations of lack of capacity and all uses of
temporary decision support shall be documented in the patient
record.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.3 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. No mental health facility shall request or require a patient
to sign medical, legal, or financial documents when the patient is
experiencing impairment that affects decision making capacity.
B. Facilities shall conduct and document a capacity assessment
prior to obtaining informed consent for major treatment decisions or
legal acknowledgments.
C. When a patient lacks capacity the facility shall follow
procedures established pursuant to Section 4 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.4 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. Prior to transferring a patient to another facility, the
originating mental health facility shall:
1. Notify all approved contacts unless the patient expressly
restricts notification;
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2. Provide the receiving facility with relevant information
necessary to ensure continuity of care; and
3. Document the clinical justification for any transfer and
comply with all applicable requirements of the Emergency Medical
Treatment and Labor Act.
B. A facility that fails to notify an approved contact without
documented patient restriction or documented safety necessity shall
be subject to administrative review by the Oklahoma Department of
Mental Health and Substance Abuse Services.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.5 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. When clinically appropriate and when permitted by patient
authorization or professional judgment consistent with the Health
Insurance Portability and Accountability Act (HIPAA), mental health
facilities shall coordinate care with the patient's primary care
provider.
B. Coordination may include the exchange of medication history,
relevant medical records, discharge planning information, and other
data required to support continuity of care.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.6 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
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A. The Oklahoma Department of Mental Health and Substance Abuse
Services shall:
1. Promulgate rules to implement the provisions of this act;
2. Provide training to licensed facilities regarding
communication procedures capacity assessment and temporary decision
support; and
3. Establish a reporting system for communication failures,
unsafe transfers, and violations of patient rights.
B. The Department shall submit an annual report to the
Legislature summarizing compliance patterns, areas of deficiency,
and recommendations for improvement.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-110.7 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. Mental health facilities shall ensure that no patient is
denied humane treatment, safe discharge planning, or access to
appropriate advocacy during a period of crisis.
B. Facilities shall maintain written policies that protect:
1. The right to appropriate treatment;
2. The right to communication with approved contacts consistent
with law;
3. The right to support from a legally recognized
representative when the patient lacks capacity; and
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4. The right to timely review of complaints related to
communication transfers or treatment conditions.
SECTION 10. This act shall become effective November 1, 2026.
60-2-15619 TJ 12/12/25