Bill > HB3489

This bill, titled the "Oklahoma Health Crisis Communication and Patient Rights Act," establishes new procedures and protections for individuals experiencing mental health crises. It defines key terms such as "approved contact" (someone designated by the patient to receive information, respecting privacy laws like HIPAA), "capacity assessment" (a clinical evaluation of a patient's ability to make decisions), and "temporary decision support" (a process allowing family or representatives to help with decisions when a patient lacks capacity). The act mandates that mental health facilities ask patients to identify approved contacts during intake, inform them of their communication rights, and document these interactions, while also allowing for limited information sharing with family if the patient cannot communicate their wishes. It creates a statewide "temporary decision support" process for patients who temporarily lose the ability to make informed decisions, ensuring this process doesn't replace legal guardianship and respects patient privacy. The bill prohibits facilities from requiring patients to sign legal or financial documents when their decision-making capacity is impaired and requires capacity assessments before obtaining consent for major treatment decisions. It also outlines requirements for notifying approved contacts and sharing necessary information when transferring a patient to another facility to ensure continuity of care, and mandates coordination with primary care providers when appropriate. The Oklahoma Department of Mental Health and Substance Abuse Services will be responsible for creating rules, providing training, and establishing a reporting system for violations, with an annual report to the Legislature on compliance. Finally, the act ensures patients have rights to humane treatment, safe discharge planning, access to advocacy, and timely review of complaints, and it will become effective on November 1, 2026.

Health and Social Services

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3489&Session=2600