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An Act
ENROLLED SENATE
BILL NO. 1794 By: Stanley and Kirt of the
Senate
and
Roe and Hefner of the House
An Act relating to mental health; creating the
Oklahoma Behavioral Health Vacancy Registry Act;
providing short title; defining terms; requiring
establishment of certain behavioral health vacancy
registry; describing registry; requiring registry to
include certain dedicated forensic competency module;
mandating certain participation and reporting;
requiring certain updates and accurate reporting;
allowing registry access and placement requests by
authorized referral sources; imposing certain
requirements and restrictions on covered facilities;
stating certain grounds for corrective action; making
registry participation voluntary for hospitals;
authorizing, requiring, and prohibiting certain acts
by hospitals; providing certain construction;
authorizing certain audits and administrative
remedies; directing confidentiality of registry data
and compliance with privacy laws; authorizing certain
public reporting; requiring issuance of certain
request for proposals; imposing certain requirements
and restrictions related to request for proposals;
directing promulgation of rules; providing for
codification; and providing an effective date.
SUBJECT: Behavioral health vacancy registry
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. S. B. NO. 1794 Page 2
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.1 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Behavioral Health Vacancy Registry Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.2 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. “Available bed” or “available treatment capacity” means a
staffed and operational treatment slot, within the covered
facility’s staffed capacity, that may be assigned to a consumer
consistent with the covered facility’s licensed level of care and
written admission and exclusionary criteria;
2. “Covered facility” means a facility, other than a hospital
or hospital-based psychiatric unit, that is licensed or certified in
this state and authorized to accept consumers for:
a. emergency detention, protective custody, or assessment
as provided by Sections 1-110 and 5-207 of Title 43A
of the Oklahoma Statutes, or
b. court-ordered competency evaluations and competency
restoration services as described in subsection C of
Section 3 of this act;
3. “Licensed capacity” means the maximum number of beds or
treatment slots a covered facility is licensed or certified to
operate;
4. “Referral source” means a facility, provider, court, law
enforcement agency, crisis services provider, or other entity
authorized by the Department of Mental Health and Substance Abuse
Services to request placement through the registry created under
this act; and
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5. “Staffed capacity” means the number of beds or treatment
slots that are operational and supported by sufficient staffing to
safely admit and treat consumers.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.3 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. Subject to the availability of funding, the Department of
Mental Health and Substance Abuse Services shall establish and
maintain a secure, electronic, statewide behavioral health vacancy
registry to expedite placements associated with:
1. Emergency detention, protective custody, or assessment as
provided by Sections 1-110 and 5-207 of Title 43A of the Oklahoma
Statutes; or
2. Court-ordered competency evaluations or competency
restoration services as described in subsection C of this section.
B. The registry shall provide near real-time information
regarding available beds and available treatment capacity at covered
facilities in this state.
C. The registry shall include a dedicated forensic competency
module to support court-ordered competency evaluations and
competency restoration services conducted pursuant to Sections
1175.1 through 1175.6a of Title 22 of the Oklahoma Statutes,
including referrals arising from findings of incompetency to stand
trial and orders for treatment to restore competency, in compliance
with all applicable state laws and any applicable state or federal
consent decree.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.4 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. Each covered facility shall participate in the behavioral
health vacancy registry and report, in the manner prescribed by
rules promulgated by the Board of Mental Health and Substance Abuse
Services:
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1. Licensed capacity and staffed capacity;
2. Current available beds or available treatment capacity;
3. Population served, age range, and level of care;
4. Whether the facility accepts placements associated with
emergency detention, protective custody, or assessment as provided
by Sections 1-110 and 5-207 of Title 43A of the Oklahoma Statutes or
court-ordered competency evaluations and competency restoration
services as described in subsection C of Section 3 of this act;
5. Admission limitations based on clinical capability or safety
requirements; and
6. Contact information for placement coordination available on
a twenty-four-hour basis.
B. 1. Covered facilities shall update registry information
upon a material change in availability and at intervals established
by the Board through rule.
2. A covered facility shall ensure reported availability
accurately reflects available beds or available treatment capacity
that is staffed and capable of accepting a placement at the time
reported.
C. 1. An authorized referral source may access the registry
for placement purposes. The registry shall allow an authorized
referral source to submit a placement request or reservation for an
available bed at a covered facility.
2. A covered facility shall respond to a registry placement
request within the time period established by the Board through rule
and shall document acceptance or denial in accordance with rules
promulgated by the Board. A registry reservation confirmed by a
covered facility shall be honored for the time period established by
the Board through rule unless:
a. material clinical information changes,
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b. the consumer no longer meets the facility’s written
admission criteria, or
c. the consumer meets the facility’s written exclusionary
criteria.
D. A covered facility:
1. Shall apply its written admission criteria and written
exclusionary criteria in a consistent and nondiscriminatory manner;
and
2. Shall not, except for documented clinical or safety reasons,
refuse admission of an otherwise appropriate consumer when the
registry shows available treatment capacity and the consumer meets
the facility’s written admission criteria and does not meet the
facility’s written exclusionary criteria for placement under
Sections 1-110 and 5-207 of Title 43A of the Oklahoma Statutes or
Sections 1175.1 through 1175.6a of Title 22 of the Oklahoma
Statutes.
E. A pattern or practice of refusals by a covered facility
inconsistent with reported available treatment capacity or written
admission or exclusionary criteria, including selective acceptance
designed to avoid higher-acuity or forensic consumers, may
constitute noncompliance subject to review and corrective action by
the Department of Mental Health and Substance Abuse Services under
Section 6 of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.5 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. Participation in the behavioral health vacancy registry by
hospitals and hospital-based psychiatric units shall be voluntary
and on an opt-in basis, except as otherwise required by contract or
federal law. A participating hospital or hospital-based psychiatric
unit may elect to do one or both of the following:
1. Report staffed capacity and available bed information to the
registry; or
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2. Accept placement requests through the registry under
standards established by rule or contract.
B. A hospital or hospital-based psychiatric unit that elects to
participate in the registry shall make good-faith efforts to keep
registry information reasonably current; however, delays
attributable to direct patient care responsibilities or completion
of intake or admission processes shall not constitute a violation of
this subsection.
C. A hospital or hospital-based psychiatric unit participating
in the registry shall not, solely by virtue of such participation,
be deemed a covered facility for the purposes of this act.
D. With respect to a hospital or hospital-based psychiatric
unit, receipt of a placement request through the registry does not
constitute acceptance of a patient, does not create a duty to accept
transfer of a patient, and does not create a transfer agreement.
Any evaluation, stabilization, admission, or transfer decision shall
remain subject to the Emergency Medical Treatment and Labor Act
(EMTALA) and applicable state law.
E. Nothing in this act shall be construed to expand, limit,
replace, or conflict with a hospital’s obligations under EMTALA.
Hospitals participating in the registry shall remain subject to
EMTALA regardless of registry participation.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.6 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. The Department of Mental Health and Substance Abuse Services
may audit behavioral health vacancy registry submissions and
responses by covered facilities for accuracy, timeliness, and
consistency with written admission criteria and written exclusionary
criteria.
B. If the Department determines that a covered facility has
failed to report accurately, respond timely, or comply with this act
or rules promulgated under this act, the Department may require a
corrective action plan and may impose administrative remedies as
provided by law.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.7 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
A. The behavioral health vacancy registry shall not include
personally identifiable consumer health information.
B. All registry data collection and use shall comply with
applicable state and federal privacy laws, including the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) and 42
C.F.R., Part 2 as applicable.
C. Registry data, including facility-submitted denial reasons
and response information:
1. Shall be confidential and shall be used only for placement
coordination, system oversight, and aggregate reporting as
authorized by subsection E of this section; and
2. Shall not be subject to the Oklahoma Open Records Act,
except for aggregate, de-identified reports as described in
subsection E of this section.
D. Nothing in this act shall be construed to require the
registry to collect, store, or display individual consumer
diagnosis, payor information, or preauthorization status, and the
registry shall not be used as a clinical record. Any consumer-
specific clinical information exchanged for purposes of placement
shall be transmitted outside the registry in a manner consistent
with applicable privacy laws.
E. The Department of Mental Health and Substance Abuse Services
may publish aggregate, de-identified reports regarding system
capacity, utilization, and placement timeliness.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.8 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
Within six (6) months of the effective date of this act, the
Department of Mental Health and Substance Abuse Services shall,
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subject to the availability of funding, issue a request for
proposals for the development and implementation of the behavioral
health vacancy registry for the purpose of procuring any technology,
platform, software, or vendor services necessary to implement, host,
operate, or maintain the registry. Such request for proposals and
the procurement process shall be conducted in accordance with the
Oklahoma Central Purchasing Act, Section 34.12 of Title 62 of the
Oklahoma Statutes, and any other applicable state procurement laws.
The Department shall:
1. Prioritize vendors on a best-value basis including, but not
limited to, total cost of ownership, implementation timeline,
scalability, data security, interoperability, ongoing support, and
long-term sustainability;
2. Give preference to proposals that provide the required
technology and services at the lowest overall cost, including
proposals offered at no cost to the state or participating
providers, provided that such proposals meet all functional,
security, and compliance requirements of this act. The Department
shall not require, as a condition of award, functionality beyond the
requirements of this act;
3. Allow proposals funded in whole or in part through gifts,
grants, donations, or in-kind contributions of hardware, software,
licensing, hosting, or services. The Department may accept such
gifts, grants, or donations, subject to applicable law, provided
that acceptance does not compromise data ownership, security,
independence, or operational control of the registry; and
4. Not expend state-appropriated funds for software
development, acquisition, licensing, or subscription to implement
the registry unless, after completion of the competitive procurement
process required by this section, the Department determines that no
proposal meeting the requirements of this act is available at no
cost to the state.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-111.9 of Title 43A, unless
there is created a duplication in numbering, reads as follows:
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The Board shall promulgate rules necessary to implement the
provisions of this act including, but not limited to, reporting
standards, update intervals, placement priority standards, queue
management practices, access controls, documentation of denials,
reservation time frames, forensic module standards, compliance
procedures, and technical and operational standards for hospitals
and hospital-based psychiatric units that elect to participate.
SECTION 10. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1794 Page 10
Passed the Senate the 11th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________