STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 665	By:	Ivester

AS INTRODUCED

An Act relating to mental health; amending 43A O.S. 2011, Section 3-415, which relates to certification of alcohol and drug treatment facilities; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     43A O.S. 2011, Section 3-415, is amended to read as follows:
Section 3-415.  A.  1.  The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification for private facilities and organizations which provide providing treatment, counseling and rehabilitation services directed toward alcohol- and drug-dependent persons.  These facilities and organizations shall be known as "Certified Services for the Alcohol and Drug Dependent".  Only certified facilities may receive and assist alcohol- and drug-dependent persons by providing treatment and rehabilitation.
2.  Any person violating the requirement that only certified facilities may receive and assist alcohol- and drug-dependent persons by providing treatment to alcohol- and drug-dependent persons, upon conviction, shall be guilty of a misdemeanor.  Except as otherwise provided in this section, no substance abuse treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
B.  Applications for certification as a certified service for the alcohol- and drug-dependent person pursuant to the provisions of this section shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms.
C.  The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the facility for a period of thirty-six (36) months subject to renewal as provided.
D.  The Board or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may postpone, deny renewal of, revoke, or suspend the certification of the facility for failure to comply with rules and standards promulgated by the Board.
E.  The following are exempt from the provisions of the Oklahoma Alcohol and Drug Abuse Services Act:
1.  Individual persons in private practice as licensed physicians, licensed psychologists, licensed social workers, registered nurses, licensed professional counselors, licensed marriage and family therapists, licensed behavioral practitioners, individual members of the clergy, and certified alcohol or drug abuse counselors.  The exemption shall apply only to individual professional persons in their private practice and not to any treatment facility operated by the person;
2.  Properly licensed hospitals, psychiatric and medical surgical facilities;
3.  Programs or facilities operated by a state agency;
4.  Programs conducted and facilities operated by Alcoholics Anonymous; or
5.  Programs conducted and facilities operated by the Salvation Army.
F.  Certified services for the alcohol- or drug-dependent person shall comply with standards adopted by the Board.  Such standards shall require that treatment and therapeutic methods shall be in compliance with:
1.  The Joint Commission on Accreditation of Healthcare Organizations;
2.  The Commission on Accreditation of Rehabilitation Facilities;
3.  The Council on Accreditation (COA); or
4.  Approved medical and professional standards as determined by the Board.
G.  Any facility or organization certified to provide certified services shall cooperate with inspection personnel of the state and shall promptly file all reports required by the Board.
H.  All claims by and accomplishments publicized by any applicant for certification or any certified alcohol- or drug-dependent organization, including but not limited to consumer count and success rates, shall be documented and verifiable by the Board.
I.  The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of private facilities and organizations which provide treatment, counseling and rehabilitation services directed toward alcohol- and drug-dependent persons, as provided in Section 3-324 of this title.
J.  Any materials or information received by the Department from an applicant regarding the applicant's financial status shall not be construed to be open records pursuant to the Oklahoma Open Records Act.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-98	JAM	1/16/2013 5:25:01 PM