Bill > SB1794

This bill, known as the Oklahoma Behavioral Health Vacancy Registry Act, mandates the creation of a statewide electronic registry by the Department of Mental Health and Substance Abuse Services to track available treatment beds and capacity in behavioral health facilities, excluding hospitals, for emergency detentions, protective custody, assessments, and court-ordered competency evaluations and restoration services. "Covered facilities" are defined as licensed or certified entities that provide these services, and they are required to report their "licensed capacity" (the maximum number of beds they are allowed to operate) and "staffed capacity" (the number of beds currently operational with sufficient staff) along with real-time information on available beds or treatment slots, the populations they serve, and their admission criteria. "Referral sources," such as other facilities, providers, or courts, can use this registry to request placements, and covered facilities must respond promptly and document their decisions, with the registry including a dedicated module for forensic competency cases. While hospitals can voluntarily participate in the registry, their participation is not mandatory unless required by contract or federal law, and their involvement does not change their obligations under federal laws like EMTALA (Emergency Medical Treatment and Labor Act). The registry will be confidential, complying with privacy laws like HIPAA, and will only publish aggregate, de-identified data, with the Department authorized to audit facilities for compliance and impose corrective actions if necessary. The Department is also directed to issue a request for proposals to develop and implement this registry, prioritizing cost-effectiveness and functionality, and the Board of Mental Health and Substance Abuse Services will promulgate rules to govern its operation, with the act becoming effective on November 1, 2026.

Budget and Finance, Health and Social Services

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1794&Session=2600