As used in Sections 5-206 through 5-212 of this title:

1. 1. "Licensed mental health professional" means:

   1. a. a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology,
   2. b. a licensed clinical psychologist,
   3. c. a licensed professional counselor as defined in Section 1902 of Title 59 of the Oklahoma Statutes,
   4. d. a person licensed as a licensed clinical social worker pursuant to Section 1250 et seq. of Title 59 of the Oklahoma Statutes,
   5. e. a licensed marital and family therapist as defined in Section 1925.2 of Title 59 of the Oklahoma Statutes, or
   6. f. a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions or a qualified examiner as defined in Section 1-103 of this title,

2. 2. "Immediate likelihood of serious harm to self or others" means:

   1. a. a substantial risk of physical harm to oneself as manifested by evidence of serious threats of or attempts at suicide or other self-infliction of bodily harm, or
   2. b. a substantial risk of physical harm to another person or persons as manifested by evidence of violent behavior directed toward another person or persons, or
   3. c. having placed another person or persons in a reasonable fear of violent behavior directed towards them or serious physical harm to them as manifested by serious threats, or
   4. d. a reasonable certainty that without immediate treatment severe impairment or injury will result to the person alleged to be a person requiring treatment as manifested by the inability of the person to avoid or protect self from such impairment or injury;

3. 3. "Evaluation" means the examination of a person who appears to be a mentally ill person, an alcohol dependent person, or a drug-dependent person by two licensed mental health professionals, at least one of whom is a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions, for the purpose of:

   1. a. determining if a petition requesting involuntary commitment or treatment is warranted, or
   2. b. completing a certificate of evaluation pursuant to Section 5-414 of this title, or
   3. c. both subparagraphs a and b of this paragraph;
4. 4. "Emergency examination" means the examination of a person who appears to be a mentally ill person, an alcohol-dependent person, or drug-dependent person and a person requiring treatment, and whose condition is such that it appears that emergency detention may be warranted, by a licensed mental health professional to determine if emergency detention of the person is warranted;
5. 5. "Emergency detention" means the detention of a person who appears to be mentally ill, alcohol-dependent, or drug-dependent and a person requiring treatment in a facility approved by the Commissioner of Mental Health and Substance Abuse Services as appropriate for such detention after the completion of an emergency examination and a determination by a licensed mental health professional that emergency detention is warranted. No person shall be detained in emergency detention more than seventy-two (72) hours, excluding weekends and holidays, except upon a court order authorizing detention beyond a seventy-two-hour period or pending the hearing on a petition requesting involuntary commitment or treatment as provided by this act;
6. 6. "Protective custody" means the taking into protective custody and detention of a person pursuant to the provisions of Section 5-208 of this title until such time as an emergency examination is completed and a determination is made as to whether or not emergency detention is warranted; and
7. 7. "Prehearing detention" means the court-ordered detention of a person who is alleged to be mentally ill, alcohol-dependent, or drug-dependent in a facility approved by the Commissioner as appropriate for such detention, pending a hearing on a petition requesting involuntary commitment or treatment as provided by Section 5-415 or 9-102 of this title.

Laws 1988, HB 2001, c. 260, § 4, eff. November 1, 1988; Amended by Laws 1993, SB 109, c. 312, § 1, emerg. eff. June 7, 1993; Amended by Laws 1997, HB 2024, c. 387, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 1641, c. 144, § 1, emerg eff. April 22, 1998 (superseded document available).