1. A. An intoxicated person in a public place as defined in Section 8 of Title 37 of the Oklahoma Statutes, who appears to be in need of help, if he consents to the offered help, may be assisted to his home, to an alternative facility pursuant to the provisions of this section or to an approved treatment facility by a peace officer or an emergency service patrol.
2. B. A person who appears to be intoxicated, and as a result of such intoxication is unconscious in a public place or reasonably appears to be in danger of harming himself or others, may be taken into protective custody by a peace officer or an emergency service patrol and immediately brought to an approved treatment facility for medical or nonmedical detoxification. The peace officer or the emergency service patrol, in detaining the person and taking him to an approved treatment facility, is taking him into protective custody and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. No record shall be made which indicates that the person has been arrested or charged with a crime.
3. C. If the Department of Mental Health and Substance Abuse Services or the governing body of any municipality has approved a program alternative to statutory or municipal requirements of prosecution and imprisonment of such person, until the capacity to accommodate intoxicated persons has been exceeded in the facility wherein such alternative program is located, the arresting officer and other public officials involved in an arrest pursuant to this section shall utilize such alternative treatment program upon the voluntary approval of the intoxicated person and the receiving facility rather than proceed under the statutory or municipal laws pertaining to prosecution and imprisonment of intoxicated persons. A facility in which the program is located may make application to the Department of Mental Health and Substance Abuse Services for approval, but no such program or facility wherein such program is located shall claim or advertise to be a certified treatment facility unless duly certified as such by the Department of Mental Health and Substance Abuse Services. All facilities acquiring such approval of an alternative program shall establish their own capacity for the number of persons to be accommodated in the program. It shall be the duty of the Department of Health to investigate all complaints concerning general sanitation made in the form of a sworn affidavit against such municipally approved alternative facilities. In event the complaints are found to be true, the State Commissioner of Health shall have the power to order improvements or closure.
4. D. A person who is brought to an alternative facility or an approved treatment facility may be admitted as a patient by the administrator in charge of the facility or referred to another treatment facility.
5. E. A person may not be detained at the approved treatment facility when he either is no longer unconscious, or no longer appears likely to harm himself or others. If he remains unconscious or likely to harm himself or others, he may be detained for no more than twelve (12) hours, excluding weekends and legal holidays, after admission unless a petition for an order directing his commitment to an approved treatment facility has been filed according to the Mental Health Law provisions and procedures for commitment of said persons. The person may consent to remain in the facility as long as the administrator or physician in charge believes appropriate.
6. F. If a person is admitted to an approved treatment facility under this section, he may notify his relatives of his admission or another person may, with the consent of the admittee, notify his relatives of his admission.

Laws 1978, SB 280, c. 64, § 10. Amended by Laws 1986, HB 2021, c. 103, § 47, eff. November 1, 1986. Renumbered from Title 63, § 2127 [63-2127] by Laws 1986, HB 2021, c. 103, § 104, eff. November 1, 1986. Amended by Laws 1990, SB 866, c. 51, § 84, emerg. eff. April 9, 1990.