Oklahoma Code § 43A-5-309

Title 43A. Mental Health: Detention against will prohibited - Notice of desire to
Open in Lexace · Ask the AI about this section
be discharged.
No consumer admitted to a state or private mental hospital under
the provisions of the Mental Hospital Voluntary Admission Procedures
Act shall be detained in a mental hospital against the will of the
person more than one hundred twenty (120) hours or five (5) days,
excluding weekends and holidays, after the consumer gives notice in
writing to the executive director of the facility of the desire of
the consumer to be discharged from the facility.  If during the
emergency detention the consumer becomes medically unstable, the
time limit on the emergency detention period stipulated in this
section shall be tolled until the consumer is treated at a medical
facility and is medically stabilized.  The executive director of the
facility may designate one or more employees of the facility to
receive a notification provided by this section with the same effect
as if delivered to the executive director personally.
Added by Laws 1963, c. 81, § 6, emerg. eff. May 21, 1963.  Amended
by Laws 1986, c. 103, § 73, eff. Nov. 1, 1986.  Renumbered from §
556 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
Amended by Laws 2001, c. 186, § 15, eff. Nov. 1, 2001; Laws 2005, c.
150, § 46, emerg. eff. May 9, 2005; Laws 2010, c. 287, § 29, eff.
Nov. 1, 2010; Laws 2022, c. 297, § 6, eff. Nov. 1, 2022.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.