Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB286

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/23/23  
Engrossed
3/20/23  
Refer
3/29/23  
Report Pass
4/5/23  
Enrolled
4/24/23  

Caption

Mental health; prohibiting use of mechanical restraints during certain transport by Department of Mental Health and Substance Abuse Services or contracted entity except under certain conditions. Emergency.

Impact

The legislation will significantly change how mental health transportation is conducted in Oklahoma. By limiting the circumstances under which mechanical restraints can be employed, it aims to provide a more humane approach to mental health issues. Law enforcement officers will now need to rely on their judgment in assessing the necessity of restraints, which could lead to a broader interpretation of mental health safety protocols. Furthermore, counties and municipalities will be responsible for certain transportation duties while being eligible for reimbursement from the state, enhancing accountability and oversight in these situations.

Summary

SB286, also known as the act amending Section 1-110 of Title 43A of the Oklahoma Statutes, addresses the transportation of individuals requiring mental health treatment. The bill primarily prohibits the use of mechanical restraints by the Department of Mental Health and Substance Abuse Services or any contracted entities except under strictly defined conditions. Specifically, it allows restraints only if the individual poses a danger to themselves or others during transport or has a history indicating a propensity for violence. The legislation aims to enhance the dignity and rights of individuals receiving mental health services while ensuring the safety of both the individuals being transported and the law enforcement officers involved.

Sentiment

The sentiment surrounding SB286 appears largely supportive, with many advocating for a more compassionate approach to mental health treatment. Supporters argue that the restrictions on mechanical restraints could lead to better mental health outcomes and improve the public's perception of the care being provided. However, some opponents have raised concerns regarding the potential risks associated with transporting individuals without the option of restraints, fearing it could endanger officers and the public during emergency situations. The debate brings attention to the balance between safety and the rights of individuals in mental health crises.

Contention

Notable points of contention include the definition of 'danger,' which may lead to varied interpretations among law enforcement. The bill's supporters emphasize the importance of de-escalation and non-restrictive measures, while critics express worries that the bill might compromise safety in challenging situations. Additionally, the implementation of training programs for law enforcement to adapt to these new regulations will be critical for the successful application of SB286. This highlights the broader discussion on mental health care reform in Oklahoma, underscoring the need for ongoing dialogue and potential adjustments to the legislation as it proves its effectiveness in practice.

Companion Bills

OK SB286

Carry Over Mental health; prohibiting use of mechanical restraints during certain transport by Department of Mental Health and Substance Abuse Services or contracted entity except under certain conditions. Emergency.

Previously Filed As

OK SB27

Department of Mental Health and Substance Abuse Services; requiring certain transfer. Effective date. Emergency.

OK SB812

Mental health; creating certain exception related to fulfillment of transport duties. Effective date.

OK SB812

Mental health; creating certain exception related to fulfillment of transport duties. Effective date.

OK HB2797

Health Care Authority; prohibiting use of certain methodology; audits; fraud reporting; requiring joint collaboration between Department of Mental Health and Substance Abuse Services and Department of Human Services; duties; emergency.

OK HB2797

Health Care Authority; prohibiting use of certain methodology; audits; fraud reporting; requiring joint collaboration between Department of Mental Health and Substance Abuse Services and Department of Human Services; duties; emergency.

OK SB1368

Department of Mental Health and Substance Abuse Services; making an appropriation; stating purpose. Emergency.

OK SB1572

State Commissioner of Health; requiring Commissioner and Department of Mental Health and Substance Abuse Services conduct a feasibility study to gather certain information. Emergency.

OK SB1164

Department of Mental Health and Substance Abuse Services; making an appropriation; requiring portions of certain appropriated funds be used for certain purposes. Effective date. Emergency.

OK HB2513

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

OK HB2513

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

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