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ENGROSSED HOUSE
BILL NO. 3587 By: Harris of the House
and
Gollihare of the Senate
An Act relating to mental health; amending 43A O.S.
2021, Section 5-416, which relates to alternatives to
hospitalization; authorizing court-ordered outpatient
treatment; decreasing time period for reviewing
treatment needs; providing status hearings for
reviewing treatment needs; requiring notification to
parties; authorizing certain persons to request
status hearings; directing district attorneys to
present certain treatment plans; providing guidelines
for developing treatment plans; affirming rights of
persons in court-ordered outpatient treatment;
prohibiting courts from ordering outpatient
treatment; providing exceptions; allowing certain
persons to self-administer psychotropic drugs;
prohibiting forced administration of medications;
directing facilities to petition the court when
changing treatment plans; clarifying certain defined
phrase; requiring consideration of health directives
when developing treatment plans; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 5-416, is
amended to read as follows:
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Section 5-416. A. The court, in considering a commitment
petition filed under Section 5-410 of this title, shall not order
hospitalization without a thorough consideration of available
treatment alternatives to hospitalization, or without addressing the
competency of the consumer to consent to or refuse the treatment
that is ordered including, but not limited to, the rights of the
consumer:
1. To be heard concerning the treatment of the consumer; and
2. To refuse medications.
B. 1. If the court, in considering a commitment petition filed
under Section 5-410 of this title, finds that a program other than
hospitalization, including an assisted outpatient treatment program
or court-ordered outpatient treatment, is adequate to meet the
treatment needs of the individual and is sufficient to prevent
injury to the individual or to others, the court may order the
individual to receive whatever treatment other than hospitalization
is appropriate for a period set by the court; provided, the court
may only order assisted outpatient treatment if the individual meets
the criteria set forth in Section 1-103 of this title and in
subsection F of this section. During this time the court:
a. shall have continuing jurisdiction over the individual
as a person requiring treatment or an assisted
outpatient, and
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b. shall periodically, no less often than annually every
ninety (90) days, review the treatment needs of the
individual and determine whether or not to continue,
discontinue, or modify the treatment. This review may
include a status hearing with parties to be notified
no later than seventy-two (72) hours before the
hearing is scheduled. An individual under a court-
ordered outpatient treatment plan or parties listed in
Section 5-410 of this title may request a status
hearing.
2. If at any time it comes to the attention of the court from a
person competent to file or request the filing of a petition,
pursuant to subsection A of Section 5-410 of this title, that the
individual ordered to undergo a program of alternative treatment to
hospitalization, such as court-ordered outpatient treatment, is not
complying with the order or that the alternative treatment program
has not been sufficient to prevent harm or injury which the
individual may be inflicting upon himself or herself or others, the
court may order the person to show cause why the court should not:
a. implement other alternatives to hospitalization,
modify or rescind the original order or direct the
individual to undergo another program of alternative
treatment, if necessary and appropriate, based on
written findings of the court, or
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b. enter an order of admission pursuant to the provisions
of this title, directing that the person be committed
to inpatient treatment and, if the individual refuses
to comply with this order of inpatient treatment, the
court may direct a peace officer to take the
individual into protective custody and transport the
person to a public or private facility designated by
the court.
For the purposes of court-ordered outpatient treatment, the
district attorney shall present a treatment plan developed by a
community mental health center certified by the Department of Mental
Health and Substance Abuse Services pursuant to Section 3-306.1 of
this title and operating in the county where the petition has been
filed. Such a treatment plan shall be developed in coordination
with the person under the outpatient treatment order along with any
advocates or legal guardians and the treatment team of the person.
Any material changes to the treatment plan shall be approved by the
court.
3. The court shall give notice to the person ordered to show
cause and hold the hearing within seventy-two (72) hours of the
notice. The person ordered to undergo a program of alternative
treatment shall not be detained in emergency detention pending the
show cause hearing unless, prior to the emergency detention, the
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person has undergone an initial examination and a determination is
made that emergency detention is warranted.
4. If an order of alternative treatment will expire without
further review by the court and it is believed that the individual
continues to require treatment, a person competent to file or
request the filing of a petition, pursuant to subsection A of
Section 5-410 of this title, may file or request the district
attorney file either an application for an extension of the court's
previous order or an entirely new petition for a determination that
the individual is a person requiring treatment, including court-
ordered outpatient treatment, or an assisted outpatient.
5. A hearing on the application or petition filed pursuant to
paragraph 4 of this subsection shall be held within ten (10) days
after the application or petition is filed, unless the court extends
the time for good cause. In setting the matter for hearing, the
court shall consider whether or not the prior orders of the court
will expire during the pendency of the hearing and shall make
appropriate orders to protect the interests of the individual who is
the subject of the hearing.
C. Prior to ordering the inpatient treatment of an individual,
the court shall inquire into the adequacy of treatment to be
provided to the individual by the facility, and inpatient treatment
shall not be ordered unless the facility in which the individual is
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to be treated can provide such person with treatment which is
adequate and appropriate to such person's condition.
D. Nothing in this section shall prohibit the Department of
Mental Health and Substance Abuse Services or the facility or
program providing the alternative treatment from discharging a
person admitted pursuant to this section, at a time prior to the
expiration of the period of alternative treatment, or any extension
thereof. The facility or program providing the alternative
treatment shall file a report with the court outlining the
disposition of each person admitted pursuant to this section within
forty-eight (48) hours after discharge.
E. Notice of any proceedings pursuant to this section shall be
given to the person, the person's guardian, the person's attorney,
and the person filing the petition or application. In cases of
court-ordered outpatient treatment, the person shall be afforded all
the rights enumerated in Section 5-411 of this title.
F. If the petition alleges the person to be an assisted
outpatient as provided in Section 7 5-410 of this act title, the
court shall not order assisted outpatient treatment unless the
petitioning licensed mental health professional develops and
provides to the court a proposed written treatment plan. All
service providers included in the treatment plan shall be notified
regarding their inclusion in the written treatment plan. Where
deemed advisable, the court may make a finding that a person is an
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assisted outpatient and delay the treatment order until such time as
the treatment plan is provided to the court. Such plan shall be
provided to the court no later than the date set by the court
pursuant to subsection J of this section.
G. The licensed mental health professional who develops the
written treatment plan shall provide the following persons with an
opportunity to actively participate in the development of such plan:
1. The assisted outpatient;
2. The treating physician, if any;
3. The treatment advocate as defined in Section 1-109.1 of this
title, if any; and
4. An individual significant to the assisted outpatient,
including any relative, close friend or individual otherwise
concerned with the welfare of the assisted outpatient, upon the
request of the assisted outpatient.
H. The licensed mental health professional shall make a
reasonable effort to gather relevant information for the development
of the treatment plan from a member of the assisted outpatient's
family or significant other. If the assisted outpatient has
executed an advance directive for mental health treatment, the
physician shall consider any directions included in such advance
directive for mental health treatment in developing the written
treatment plan.
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I. The court shall not order assisted outpatient treatment or
court-ordered outpatient treatment unless the petitioner testifies
to explain the proposed written treatment plan; provided, the
parties may stipulate upon mutual consent that the petitioner need
not testify. The petitioner shall state facts which establish that
such treatment is the least restrictive alternative. If the
assisted outpatient has executed an advance directive for mental
health treatment, the licensed mental health professional shall
state the consideration given to any directions included in such
advance directive for mental health treatment in developing the
written treatment plan. Such testimony shall be given on the date
set by the court pursuant to subsection J of this section.
J. If the court has yet to be provided with a written treatment
plan at the time of the hearing in which the court finds a person to
be an assisted outpatient or a person eligible for court-ordered
outpatient treatment, the court shall order such treatment plan and
testimony no later than the third day, excluding Saturdays, Sundays
and holidays, immediately following the date of such hearing and
order; provided, the parties may stipulate upon mutual consent that
such testimony need not be provided. Upon receiving such plan and
any required testimony, the court may order assisted outpatient
treatment as provided in this section.
K. A court may order the patient to self-administer
psychotropic drugs or accept the administration of such drugs by
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authorized personnel as part of an assisted outpatient treatment or
court-ordered outpatient treatment program. Such order may specify
the type and dosage range of such psychotropic drugs and such order
shall be effective for the duration of such assisted outpatient
treatment or court-ordered outpatient treatment. For the purposes
of court-ordered outpatient treatment, forcible administration of
medication shall not be permitted.
L. A copy of any court order for assisted outpatient treatment
shall be served personally, or by mail, facsimile or electronic
means, upon the assisted outpatient, the assisted outpatient
treatment program and all others entitled to notice under the
provisions of subsection D of Section 5-412 of this title.
M. The initial order for assisted outpatient treatment shall be
for a period of one (1) year. Within thirty (30) days prior to the
expiration of the order, a licensed mental health professional
employed by the Department of Mental Health and Substance Abuse
Services or employed by a community mental health center certified
by the Department pursuant to Section 3-306.1 of this title may file
a petition to extend the order of outpatient treatment. Notice
shall be given in accordance with Section 5-412 of this title. The
court shall hear the petition, review the treatment plan and
determine if the assisted outpatient continues to meet the criteria
for assisted outpatient treatment and such treatment is the least
restrictive alternative. If the court finds the assisted outpatient
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treatment should continue, it will make such an order extending the
assisted treatment an additional year and order the treatment plan
updated as necessary. Subsequent extensions of the order may be
obtained in the same manner. If the court's disposition of the
motion does not occur prior to the expiration date of the current
order, the current order shall remain in effect for up to thirty
(30) additional days until such disposition.
N. In addition to any other right or remedy available by law
with respect to the order for assisted outpatient treatment, the
assisted outpatient or anyone acting on the assisted outpatient's
behalf may petition the court on notice to every facility providing
treatment pursuant to the assisted outpatient treatment order to
stay, vacate or modify the order.
O. Facilities providing treatment pursuant to the assisted
outpatient treatment order or court-ordered outpatient treatment
order shall petition the court for approval before instituting a
proposed material change in the assisted outpatient treatment plan
or court-ordered outpatient treatment order, unless such change is
authorized by the order of the court. Such petition shall be filed
on notice to the assisted outpatient or court-ordered person, any
treatment advocate designated by the assisted outpatient or court-
ordered person pursuant to this title, any attorney representing the
assisted outpatient or court-ordered person, and any guardian
appointed by the court to represent the assisted outpatient or
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court-ordered person. Not later than five (5) days after receiving
such petition, excluding Saturdays, Sundays and holidays, the court
shall hold a hearing on the petition; provided, that if the assisted
outpatient or court-ordered person informs the court that he or she
agrees to the proposed material change, the court may approve such
change without a hearing. Nonmaterial changes may be instituted to
the assisted outpatient treatment plan or court-ordered outpatient
treatment plan without court approval. For the purposes of this
subsection, a material change is an addition or deletion of a
category of services to or from a current assisted outpatient
treatment plan or any deviation, without the consent of the assisted
outpatient's outpatient or consent of the court-ordered person, from
the terms of a current order relating to the administration of
psychotropic drugs.
P. Where, in the clinical judgment of a licensed mental health
professional:
1. The assisted outpatient has failed or refused to comply with
the assisted outpatient treatment;
2. Efforts were made to solicit compliance; and
3. Such assisted outpatient appears to be a person requiring
treatment,
the licensed mental health professional may cause the assisted
outpatient to be taken into protective custody pursuant to the
provisions of Sections 5-206 through 5-209 of this title or may
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refer or initiate proceedings pursuant to Sections 5-410 through 5-
415 of this title for involuntary commitment to a hospital, or may
return the assisted outpatient to a facility providing treatment
pursuant to the assisted outpatient treatment plan to determine if
the assisted outpatient will comply with the treatment plan.
Failure or refusal to comply with assisted outpatient treatment
shall include, but not be limited to, a substantial failure to take
medication, to submit to blood testing or urinalysis where such is
part of the treatment plan, failure of such tests or failure to
receive treatment for alcohol or substance abuse if such is part of
the treatment plan.
Q. Failure to comply with an order of assisted outpatient
treatment or court-ordered outpatient treatment shall not be grounds
for involuntary civil commitment or a finding of contempt of court.
R. For the purposes of court-ordered outpatient treatment, the
mental health advanced directive or other applicable health
directive of the person shall be considered when developing a
treatment plan.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 16th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate