ODMHSAS Supports Governor Stitt’s Veto of Senate Bill 1089 to Protect Clinical Judgment and Patient Care
The Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) supports Governor Kevin Stitt’s recent veto of Senate Bill 1089, citing concerns that the legislation would have compromised clinical decision-making and threatened progress in Oklahoma’s mental health treatment system.
Senate Bill 1089 sought to impose strict procedural timelines on competency restoration treatment for individuals found incompetent to stand trial. It also would have allowed legal challenges to routine clinical decisions such as medical leave or discharge from care. While intended to bring structure to the competency process, the bill would have shifted authority over key treatment decisions from licensed medical professionals to the courts—risking longer institutional stays, reduced flexibility in care, and overall delays in treatment.
“The decisions made about a person’s mental health care should be grounded in clinical expertise—not legal mandates,” said ODMHSAS Commissioner Allie Friesen. “Senate Bill 1089 would have created unnecessary barriers to timely and effective care, making it harder—not easier—for people to get well and return safely to their communities.”
ODMHSAS also raised concerns that Senate Bill 1089 would place Oklahoma at risk of violating the Briggs v. Friesen consent decree, a federal agreement that requires the state to reduce delays in competency restoration services and prioritize clinical discretion. By mandating extended restoration periods and allowing judicial overrides of medical decisions, the bill conflicted with the decree’s core objectives.
By vetoing Senate Bill 1089, Governor Stitt has safeguarded the ability of trained clinicians to make time-sensitive treatment decisions based on medical need—not legal mandates. This decision reinforces the importance of a mental health system that prioritizes recovery, timely intervention, and individual rights.
ODMHSAS remains committed to partnering with lawmakers and stakeholders to strengthen Oklahoma’s forensic mental health system. The department will continue to pursue thoughtful, collaborative policy solutions that support accountability while ensuring people receive the right care at the right time from qualified professionals.
