Multiple Amendments Enacted During the 2002 Legislative Session:

1. A.

   1. 1. The Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority shall promulgate rules and standards for certification for private facilities and organizations which provide treatment, counseling, rehabilitation, and other related 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, rehabilitation, and other related services to alcohol- and drug-dependent persons.
   2. 2. Any person violating the requirement that only certified facilities may receive and assist alcohol- and drug-dependent persons by providing treatment, rehabilitation, and other related services to alcohol- and drug-dependent persons, upon conviction, shall be guilty of a misdemeanor.

2. B.

   1. 1. 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 Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority on prescribed forms.

   2. 2. In reviewing and determining the merits of an application for certification, the Authority may:

      1. a. utilize and consider all available materials and information discovered or submitted to the Authority; provided, the Authority shall notify the applicant of the existence of such materials and information at least seventy-two (72) hours in advance of the hearing, and
      2. b. review, hear and consider all available evidence regarding issues of safety and effectiveness of the treatment modality utilized by the applicant.
3. C. The Authority may certify the facility for a period of thirty-six (36) months subject to renewal as provided.
4. D. For good cause shown, including, but not limited to, failure to comply with rules and standards promulgated by the Authority, pending state or federal investigations, or verified complaints concerning matters affecting the proper operation or ownership of the facility, the Authority may postpone, deny or withdraw the certification of the facility.
5. E. Licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, and certified alcohol or drug abuse counselors are exempt from the rules and standards for certification, provided that such exemptions shall apply only to individual professional persons in their private practice and not to any treatment facility operated by such person. Properly licensed hospitals, programs operated by the State Department of Health or Department of Human Services, programs conducted and facilities operated by Alcoholics Anonymous, the Department of Corrections, the Department of Mental Health and Substance Abuse Services, the Office of Juvenile Affairs or the Salvation Army are also exempt from the provisions of the Oklahoma Alcohol and Drug Abuse Services Act, Section 3-401 et seq. of this title.

6. F. Certified services for the alcohol- or drug-dependent person shall comply with standards adopted by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority. Such standards shall require that treatment and therapeutic methods shall be in compliance with:

   1. 1. The Joint Commission on Accreditation of Healthcare Organizations;
   2. 2. The Commission on Accreditation of Rehabilitation Facilities; or
   3. 3. Approved medical and professional standards as determined by the Board of Mental Health and Substance Abuse Services.
7. G. The Board may require a precertification review of any new applications that appear to use nontraditional methods of treatment. The Board may select an independent, recognized authority in Oklahoma to review such programs to make recommendations to the Board as to the validity of the proposed program.
8. H. 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 Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority.
9. I. Failure to comply with rules and standards promulgated by the Authority shall be grounds for revocation of certification and licensing, after proper notice and hearing.
10. J. All claims by and accomplishments publicized by any applicant for certification or any certified alcohol- or drug-dependent organization, including, but not limited to, patient count and success rates, shall be documented and verifiable by the Board.
11. K. The Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority is hereby authorized to collect from each applicant the sum of One Hundred Dollars ($100.00) annually to help defray the costs incurred in the certification procedure.

12. L. Any materials or information received by the Authority from an applicant regarding the applicant's financial status or including a client's identity shall not be construed to be open records pursuant to the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.

    Version 2 (as amended by Laws 2002, SB 1624, c. 488, § 24, eff. November 1, 2002)

13. A.

    1. 1. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification for private facilities and organizations which provide 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. 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.
14. 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.
15. 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.
16. D. For good cause shown including, but not limited to, failure to comply with rules and standards promulgated by the Board, pending state or federal investigations, or verified complaints concerning matters affecting the proper operation or ownership of the facility, the Board may postpone, deny renewal of, revoke, or suspend the certification of the facility.
17. E. Licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, and certified alcohol or drug abuse counselors are exempt from the regulations and standards for certification, provided that such exemptions shall apply only to individual professional persons in their private practice and not to any treatment facility operated by such person. Properly licensed hospitals, programs or facilities operated by a state agency, programs conducted and facilities operated by Alcoholics Anonymous, , or the Salvation Army are also exempt from the provisions of the Oklahoma Alcohol and Drug Abuse Services Act.

18. 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. 1. The Joint Commission on Accreditation of Healthcare Organizations;
    2. 2. The Commission on Accreditation of Rehabilitation Facilities; or
    3. 3. Approved medical and professional standards as determined by the Board .
19. 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.
20. 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 patient count and success rates, shall be documented and verifiable by the Board.
21. I. The Board is hereby authorized to collect from each applicant the sum of One Hundred Dollars ($100.00) annually to help defray the costs incurred in the certification procedure.
22. 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.

Version 1 (as amended by Laws 2002, HB 2754, c. 473, § 8, eff. November 1, 2002)

Laws 1974, SB 629, c. 137, § 7, emerg. eff. May 3, 1974; Amended by Laws 1983, SB 163, c. 134, § 8, emerg. eff. July 1, 1983; Amended by Laws 1984, HB 1479, c. 23, § 1, eff. November 1, 1984; Renumbered from 63 O.S. § 2114 by Laws 1986, HB 2021, c. 103, § 104, eff. November 1, 1986; Amended by Laws 1990, HB 2252, c. 223, § 1, emerg. eff. May 17, 1990; Amended by Laws 1990, SB 866, c. 51, § 83, emerg. eff. April 9, 1990 (repealed by Laws 1990, HB 2361, c. 337, § 26); Amended by Laws 1992, HB 2001, c. 209, § 1, emerg. eff. May 15, 1992; Amended by Laws 2002, HB 2754, c. 473, § 8, eff. November 1, 2002; Amended by Laws 2002, SB 1624, c. 488, § 24, eff. November 1, 2002 (superseded document available).