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OKLAHOMA STATUTES AND CODES

Title 63. Public Health and Safety

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§631101.Short title. This act shall be known as the Oklahoma Public Health Code.Laws 1963, c. 325, art. 1, § 101.§631102.Definitions of terms used in Code. As used in this Code, unless the context requires otherwise: (a)The term "Board" means the State Board of Health. (b)The term "Department" means the State Department of Health. (c)the term "Commissioner" means the State Commissioner of Health. (d)The term "local health officer" means the County Superintendent of Health of a county, or the Medical Director of a County Department of Health, District Department of Health or Cooperative Department of Health. (e)The term "person" means any individual, corporation, company, firm, partnership, association, trust, state agency, governmental instrumentality or agency, institution, county, city, town or municipal authority or trust.Laws 1963, c. 325, art. 1, § 102.§63-1-103.State Board of Health created. A.1.There is hereby created the State Board of Health, which shall consist of nine (9) members appointed by the Governor and confirmed by the Senate for regular terms of nine (9) years, except as hereinafter otherwise indicated. 2.Not less than four members shall hold a current license to practice medicine in this state pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act and the Oklahoma Osteopathic Medicine Act.At least one physician member shall be a person licensed to practice medicine in this state by the State Board of Osteopathic Examiners.Physician members licensed by the State Board of Medical Licensure and Supervision shall be members of the Oklahoma State Medical Association.One physician member shall be a diplomate of the American Board of Psychiatry and Neurology or be similarly qualified. B.1.The term of office of one member shall expire on June 30, 1964, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Creek, Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes, Johnston, and Coal. 2.The term of office of one member shall expire on June 30, 1965, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Blaine, Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson, and Cotton. 3.The term of office of one member shall expire on June 30, 1966, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Le Flore, Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan, Marshall, Carter, and Love. 4.The term of office of one member shall expire on June 30, 1967, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Cimarron, Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant, Garfield, Kay, and Noble. 5.The term of office of one member shall expire on June 30, 1968, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Adair, Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and Okmulgee. 6.The term of office of one member shall expire on June 30, 1969, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Ottawa, Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee, and Osage. 7.The term of office of one member shall expire on June 30, 1970, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Logan, Oklahoma, Cleveland, McClain, Garvin, Murray, and Payne. 8.The term of office of one member shall expire on June 30, 1971, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Ellis, Dewey, Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson, Harmon, and Tillman. 9.The term of office of one member shall expire on June 30, 1972, and each nine (9) years thereafter, and such member shall be appointed from the State of Oklahoma at large, and shall have been a resident of the state for not less than five (5) years immediately preceding such member's appointment. Added by Laws 1963, c. 325, art. 1, § 103, operative July 1, 1963.Amended by Laws 1987, c. 118, § 51, operative July 1, 1987; Laws 1997, c. 238, § 1, eff. Nov. 1, 1997; Laws 2002, c. 230, § 1, eff. Nov. 1, 2002.§63-1-104.State Board of Health – Officers – Government – Travel expenses – Powers and duties. A.The State Board of Health shall elect annually from its membership a President, Vice President and Secretary.The Board shall adopt rules for its government, and may adopt an official seal for the State Department of Health.It shall hold such meetings as it deems necessary.Each member of the Board shall be paid travel expenses, as provided in the State Travel Reimbursement Act. B.The Board shall have the following powers and duties: 1.Appoint and fix the compensation of a State Commissioner of Health; 2.Adopt such rules and standards as it deems necessary to carry out any of the provisions of this Code; 3.Accept and disburse grants, allotments, gifts, devises, bequests, funds, appropriations, and other property made or offered to it; and 4.Establish such divisions, sections, bureaus, offices, and positions in the State Department of Health as it deems necessary to carry out the provisions of this Code. Added by Laws 1963, c. 325, art. 1, § 104, operative July 1, 1963.Amended by Laws 1976, c. 136, § 1, operative July 1, 1976; Laws 1985, c. 178, § 42, operative July 1, 1985; Laws 1997, c. 238, § 2, eff. Nov. 1, 1997.§631105.State Department of Health created. There is hereby created a State Department of Health, which shall consist of the State Commissioner of Health, and such divisions, sections, bureaus, offices, and positions as may be established by the State Board of Health, or by law.Laws 1963, c. 325, art. 1, § 105.§631105a.Liability insurance for certain employees. The Department of Health is authorized to purchase or provide, from funds available for the operation of the Department, liability insurance for the State Board of Health, the Commissioner of Health, and such other employees of the Department as may be designated by the Board.The insurance coverage shall protect such persons from personal civil liability for errors and omissions resulting from the discharge of their official duties.This section shall in no way be construed as waiving the governmental immunity of the state.Added by Laws 1982, c. 299, § 17, emerg. eff. May 28, 1982.§63-1-105b.Soliciting residents for nursing care facilities. Any employee of the State Department of Health who willfully or knowingly accepts anything of value from any person, firm, association, partnership or corporation for securing or soliciting residents for any facility subject to the Nursing Home Care Act, the Residential Care Act, the Continuum of Care and Assisted Living Act, or any other long-term care facility licensed by the Department, upon conviction thereof, shall be guilty of a felony. Added by Laws 2000, c. 340, § 10, eff. July 1, 2000.§63-1-105c.Conflicts of interest. A.The State Department of Health shall: 1.Ensure that no employee of the Department whose responsibilities relate in any manner to long-term care is subject to a conflict of interest which would impair the ability of the person to carry out his or her employment duties in an impartial manner including, but not limited to: a.ownership or investment interest by the employee or a member of the employee’s immediate family represented by equity, debt or other financial relationship in a long-term care facility or a long-term care service, b.employment by, under contract to, or participation by the employee or a member of the employee’s immediate family in the management of, a long-term care facility, except as provided in Section 1-1914.2 of Title 63 of the Oklahoma Statutes and with the approval of the State Commissioner of Health, or c.the receipt or the right of the employee or a member of the employee’s immediate family to receive directly or indirectly remuneration, in cash or in kind, under a compensation arrangement with an owner or operator of a long-term care facility; and 2.Establish and specify, in writing, mechanisms to identify and remove conflicts of interest referred to in this section including, but not limited to: a.the methods by which the Department will examine individuals and members of the individuals' immediate family members to identify the conflicts, and b.the actions that the Department will require the individuals and such family members to take to eliminate such conflicts. B.For purposes of this section, the term “immediate family” means: 1.The spouse of the employee; 2.The parents of the spouse of the employee; 3.A child by birth or adoption; 4.A stepchild; 5.A parent; 6.A grandparent; 7.A grandchild; 8.A sibling of the employee; 9.The spouse of any immediate family member specified in this subsection; or 10.Such other relationship deemed necessary by the State Board of Health as determined by rule. Added by Laws 2000, c. 340, § 11, eff. July 1, 2000.§63-1-105d.Tobacco Prevention and Cessation Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Tobacco Prevention and Cessation Revolving Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law.All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for purposes of paragraph 2 of subsection C of Section 1 of this act.Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. Added by Laws 2000, c. 340, § 20, eff. July 1, 2000.NOTE:Editorially renumbered from § 105d of this title to provide consistency in numbering.§63-1-105e.Duties of Department of Health. A.The State Department of Health shall: 1.Perform duties and responsibilities as directed by the State Commissioner of Health to ensure compliance with relevant provisions of this act; and 2.Fix and collect fees for the certification of compliance of health maintenance organizations pursuant to the provisions of Section 7 of the Health Maintenance Organization Act of 2003. B.All actions of the Department shall be subject to the provisions of the Administrative Procedures Act. C.Fees collected shall be deposited in the Public Health Special Fund in the State Treasury. Added by Laws 2003, c. 197, § 54, eff. Nov. 1, 2003.§63-1-105f.Office of Accountability Systems. A.The Office of Accountability Systems of the State Department of Health (OAS) shall have the authority to: 1.Coordinate audits and investigations and make reports to the State Board of Health and State Commissioner of Health within the State Department of Health and State Health Officer relating to the administration of programs and operations of the State Department of Health; 2.Except as otherwise prohibited by current law, access all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to programs and operations with respect to which the Director of the Office of Accountability Systems has responsibilities; 3.Request assistance from other state, federal and local government agencies; 4.Issue subpoenas for the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence that is in the custody or control of the State Department of Health; 5.Administer to or take from any current or former employee of the State Department of Health an oath, affirmation, or affidavit; 6.Receive and investigate complaints or information from an employee of the Department, service recipient or member of the public concerning the possible existence of an activity within the State Department of Health constituting a violation of law, rules or regulations, mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety; 7.Cause to be issued on behalf of OAS credentials, including an identification card with the State Seal; and 8.Keep confidential all actions and records relating to OAS complaints. B.It shall be the duty and responsibility of the Director and staff of the Office of Accountability Systems to: 1.Keep the State Board of Health and the State Commissioner of Health fully informed of matters relating to fraud, abuses, deficiencies and other serious problems of which the Director is aware relating to the administration of programs and operations within the State Department of Health.Further, the Director shall recommend corrective action concerning such matters and report to the State Board of Health and the State Commissioner of Health on the progress of the corrective matters; 2.Report to and be under the direct supervision of the State Board of Health.Unless otherwise directed by the State Board of Health, the Director shall report to and be under the general supervision of the State Commissioner of Health, but shall not be subject to supervision or report to any other State Department of Health employee.Unless otherwise instructed by the State Board of Health, staff of the Office of Accountability Systems and independent contractors performing internal investigative services for the Office of Accountability Systems shall be directly supervised by the Director of the Office of Accountability Systems and not subject to the supervision of or required to report to any other State Department of Health employee.Neither the State Commissioner of Health nor any other employee of the State Department of Health shall prevent, prohibit, or obstruct the Director from initiating, implementing or completing any investigation or from issuing any subpoena during the course of an investigation or audit regarding the State Department of Health; and 3.Report expeditiously to the appropriate law enforcement entity whenever the Director has reasonable grounds to believe that there has been a felonious violation of state or federal criminal law. Added by Laws 2006, c. 101, § 1, eff. July 1, 2006.Amended by Laws 2008, c. 119, § 1, emerg. eff. May 5, 2008.§63-1-106.State Commissioner of Health - Qualifications - Powers and duties. A.The State Commissioner of Health shall serve at the pleasure of the State Board of Health, and shall have skill and experience in public health duties and sanitary sciences and shall meet at least one of the following qualifications: 1.Possession of a Doctor of Medicine Degree and a license to practice medicine in this state; 2.Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state; 3.Possession of a Doctoral degree in Public Health or Public Health Administration; or 4.Possession of a Master of Science Degree and a minimum of five (5) years of supervisory experience in the administration of health services. B.The Commissioner shall have the following powers and duties, unless otherwise directed by the State Board of Health: 1.Have general supervision of the health of the citizens of the state; make investigations, inquiries and studies concerning the causes of disease and injury, and especially of epidemics, and the causes of mortality, and the effects of localities, employment, conditions and circumstances on the public health; investigate conditions as to health, sanitation and safety of schools, prisons, public institutions, mines, public conveyances, camps, places of group abode, and all buildings and places of public resort, and recommend, prescribe and enforce such measures of health, sanitation and safety for them as the Commissioner deems advisable; take such measures as deemed necessary by the Commissioner to control or suppress, or to prevent the occurrence or spread of, any communicable, contagious or infectious disease, and provide for the segregation and isolation of persons having or suspected of having any such disease; designate places of quarantine or isolation; advise state and local governments on matters pertaining to health, sanitation and safety; and abate any nuisance affecting injuriously the health of the public or any community.Any health information or data acquired by the Commissioner from any public agency, which information or data is otherwise confidential by state or federal law, shall remain confidential notwithstanding the acquisition of this information by the Commissioner. 2.Be the executive officer and supervise the activities of the State Department of Health, and act for the Department in all matters except as may be otherwise provided in this Code; administer oaths at any hearing or investigation conducted pursuant to this Code; and enforce rules and standards adopted by the State Board of Health.All rules adopted by the State Board of Health are subject to the terms and conditions of the Administrative Procedures Act. 3.Appoint an Assistant State Commissioner of Health and fix the qualifications, duties and compensation of the Assistant State Commissioner of Health; and employ, appoint and contract with, and fix the qualifications, duties and compensation of, such other assistants, doctors, engineers, attorneys, sanitarians, nurses, laboratory personnel, administrative, clerical and technical help, investigators, aides and other personnel and help, either on a full-time, part-time, fee or contractual basis, as shall be deemed by the Commissioner necessary, expedient, convenient or appropriate to the performance or carrying out of any of the purposes, objectives or provisions of this Code, or to assist the Commissioner in the performance of official duties and functions. 4.Cause investigations, inquiries and inspections to be made, and hold hearings and issue orders pursuant to the provisions of the Administrative Procedures Act, to enforce and make effective the provisions of this Code, and all rules and standards adopted by the State Board of Health pursuant to law and the Commissioner or the representative of the Commissioner shall have the right of access to any premises for such purpose at any reasonable time, upon presentation of identification. 5.Authorize persons in the State Department of Health to conduct investigations, inquiries and hearings, and to perform other acts that the Commissioner is authorized or required to conduct or perform personally. 6.Except as otherwise provided by law, all civil and criminal proceedings under this Code shall be initiated and prosecuted by the district attorney where the violation takes place. 7.Issue subpoenas for the attendance of witnesses and the production of books and records at any hearing to be conducted by the Commissioner or the State Board of Health; and if a person disobeys any such subpoena, or refuses to give evidence before, or to allow books and records to be examined by, the Commissioner or the Board after such person is directed to do so, the Commissioner may file a contempt proceeding in the district court of the county in which the premises involved are situated, or, if no premises are involved, of the county in which such person resides or has a principal place of business, and a judge of such court, after a trial de novo, may punish the offending person for contempt. 8.Unless otherwise required by the terms of a federal grant, sell, exchange or otherwise dispose of personal property that has been acquired by the State Department of Health, or any of its components, when such property becomes obsolete or is no longer needed; any money derived therefrom shall be deposited in the Public Health Special Fund. 9.Sell films, educational materials, biological products and other items produced by the State Department of Health; and all proceeds therefrom shall be deposited in the Public Health Special Fund. 10.Revoke or cancel, or suspend for any period up to one (1) year, any license or permit issued under or pursuant to this Code, or by the Commissioner, when the Commissioner determines that ground therefor as prescribed by this Code exists, or that the holder of such license or permit has violated any law, or any of the provisions of this Code, or any rules or standards of the State Board of Health filed with the Secretary of State, but the Commissioner shall first afford the holder an opportunity to show cause why the license or permit should not be revoked, canceled or suspended, notice of such opportunity to be given by certified United States Mail to the holder of the license or permit at the last-known address of such holder. 11.Accept, use, disburse and administer grants, allotments, gifts, devises, bequests, appropriations and other monies and property offered or given to the State Department of Health, or any component or agency thereof, by any agency of the federal government, or any corporation or individual. 12.Be the official agency of the State of Oklahoma in all matters relating to public health which require or authorize cooperation of the State of Oklahoma with the federal government or any agency thereof; coordinate the activities of the State Department of Health with those of the federal government or any department or agency thereof, and with other states, on matters pertaining to public health, and enter into agreements for such purpose, and may accept, use, disburse and administer, for the office of the Commissioner or for the State Department of Health, for any purpose designated and on the terms and conditions thereof, grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and carry on in this state any program relating to the public health or the control of disease, and enter into agreements for such purposes. 13.The State Commissioner of Health may appoint commissioned peace officers, certified by the Council on Law Enforcement Education and Training, to investigate violations of the Public Health Code and to provide security to Department facilities. Added by Laws 1963, c. 325, art. 1, § 106, operative July 1, 1963.Amended by Laws 1980, c. 159, § 17, emerg. eff. April 2, 1980; Laws 1986, c. 148, § 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, § 52, operative July 1, 1987; Laws 1987, c. 225, § 42, eff. July 1, 1987; Laws 1991, c. 293, § 4, emerg. eff. May 30, 1991; Laws 1995, c. 230, § 20, eff. July 1, 1995; Laws 1997, c. 238, § 3, eff. Nov. 1, 1997; Laws 2004, c. 456, § 1, eff. Nov. 1, 2004.§63-1-106.1.Fee schedule for licenses, permits and other health services. A.The State Board of Health may establish a system of fees to be charged for health services and for services rendered to members of the public in the issuance and renewal of licenses and permits by the State Commissioner of Health and the State Department of Health.This provision is subject to the following limitations: 1.No schedule of fees may be established or amended by the Board except during such times as the Legislature is in session; provided, the Board may establish or amend a schedule of fees at a time when the Legislature is not in session if the fees or schedule of fees has been specifically authorized by the Legislature or has been approved by the Contingency Review Board.The State Board of Health must follow the procedures required by Article I of the Administrative Procedures Act for adoption of rules and regulations in establishing or amending any such schedule of fees; and 2.The Board shall charge fees only within the following ranges, except as may be otherwise provided for in this title. For license or permit issuance:$50.00 to $2,000.00 For license or permit renewal:$10.00 to $500.00 For health services:$25.00 to $250.00 provided further, that any facility exempt from the requirement to obtain a permit based on date of construction or start-up may be assessed an annual permit renewal fee equivalent. B.The Board's authority to establish such a fee schedule shall extend to all programs administered by the State Commissioner of Health and the State Department of Health, regardless of whether the statutes creating such programs are codified in the Oklahoma Public Health Code. C.The Board shall base its schedule of licensing or permitting fees upon the reasonable costs of review and inspection services rendered in connection with each license and permit program, but shall be within the ranges specified in subsection A of this section, except as may be otherwise specified in this section.The Department shall establish a system of training for all personnel who render review and inspection services in order to assure uniform statewide application of rules and regulations and the Board shall also base the fee on reasonable costs associated with the training of those personnel.Such fees shall not be used in the operation of local health departments whose personnel do not participate fully in applicable State Department of Health training and standardization programs. D.The Board may exempt by rule any class of licensee or permittee or any class of facility or activity to be licensed or permitted from the requirements of the fee schedule if the Board determines that the creation of such a schedule for any such class would work an unreasonable economic hardship. E.All statutory fees now in effect for health services and for the issuance and renewal of any license or permit administered by the State Commissioner of Health and the State Department of Health within the jurisdiction of the Department shall remain in effect until such time as the Board acts to implement new fee schedules pursuant to the provisions of this Code. F.Unless a longer duration is specified for certain permits by the rules and regulations of the Board, licenses and permits issued by the Commissioner of Health shall be for a one-year period. Added by Laws 1984, c. 162, § 2, emerg. eff. May 1, 1984.Amended by Laws 1987, c. 206, § 16, operative July 1, 1987; Laws 1987, c. 236, § 2, emerg. eff. July 20, 1987; Laws 1991, c. 293, § 1, emerg. eff. May 30, 1991; Laws 1991, c. 335, § 22, emerg. eff. June 15, 1991; Laws 1992, c. 215, § 20, emerg. eff. May 15, 1992; Laws 1992, c. 373, § 12, eff. July 1, 1992; Laws 1993, c. 145, § 308, eff. July 1, 1993; Laws 2005, c. 282, § 1, emerg. eff. June 6, 2005. NOTE:Laws 1991, c. 287, § 10 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.Laws 1992, c. 183, § 1 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992.Laws 1993, c. 163, § 1 repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.§63-1-106.2.Uniform application to be used in credentialing process. A.By January 1, 1999, the State Board of Health shall promulgate rules necessary to develop a uniform application which shall be used in the credentialing process of health care providers.The State Department of Health shall develop such application form for: 1.Initial privileges or membership in a hospital, managed care organization, or other entity requiring credentials verification; and 2.Recredentialing or reappointment in a hospital, managed care organization, or other entity requiring credentials verification. B.Any entity requiring credentials verification may require supplemental information. Added by Laws 1998, c. 210, § 1, eff. July 1, 1998.§63-1-106.3.Oklahoma Food Service Advisory Council. A.There is hereby created within the State Department of Health the Oklahoma Food Service Advisory Council.The purpose of the Advisory Council shall be to: 1.Advise the State Board of Health, the State Commissioner of Health, and the Department regarding food service establishments; and 2.Recommend actions to improve sanitation and consumer protection. B.The Advisory Council shall have the duty and authority to: 1.Review and approve in an advisory capacity only rules and standards for food service establishments operating in this state; 2.Evaluate, review and make recommendations regarding Department inspection activities; and 3.Recommend and approve quality indicators and data submission requirements for food service establishments which shall be used by the Department to monitor compliance with licensure requirements and to publish an annual report of food service establishment performance. C.The Oklahoma Food Service Advisory Council shall be composed of thirteen (13) members as follows: 1.Eight members shall be appointed by the Commissioner, with the advice and consent of the Board, from a list of three names for each position provided by an association representing the majority of restaurant owners in this state.Such appointments shall be as follows: a.one member shall represent the Oklahoma Restaurant Association, b.one member shall represent the Oklahoma Hotel and Motel Association, c.one member shall represent the Oklahoma Grocers Association, d.one member shall represent food service education, e.one member shall represent food processing education, f.one member shall be an independent food service operator, g.one member shall be a food processor, and h.one member shall be a citizen representing the public and shall not be a food service establishment operator or employee and shall not be a member of a food service governing board; and 2.The remaining appointments shall consist of: a.the Director of the Oklahoma City-County Health Department, or a designee, b.the Director of the Tulsa City-County Health Department, or a designee, c.two directors from other county health departments in this state or a designee, appointed by the Commissioner, and d.the Director of the State Department of Agriculture, or a designee. D.The appointments made by the Commissioner shall be for three-year terms, except that after the effective date of this act, the initial term of the representative of the public shall be for one (1) year, and the initial terms of the independent food service operator, the food processor, and the representatives of food service education and food processing education shall be for two (2) years.The initial terms of all other members appointed by the Commissioner shall be for three (3) years.After initial appointments to the Advisory Council, the Commissioner shall appoint members to three-year terms. E.The Advisory Council shall meet on a quarterly basis.Members of the Advisory Council shall serve without compensation but shall be reimbursed for travel expenses by the Department pursuant to the provisions of the State Travel Reimbursement Act. Added by Laws 1999, c. 290, § 1, eff. Nov. 1, 1999.§631107.Public Health Special Fund. There is hereby created in the State Treasury a revolving fund to be known as the Public Health Special Fund.All monies, fees and revenues collected, authorized or received from any source by the State Commissioner of Health or the State Department of Health under the provisions of this Code or any other law or any agreement shall, unless otherwise expressly provided in this Code or other law, be placed in said fund.Said fund shall be a continuing fund not subject to fiscal year limitations.All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commissioner for the purpose of maintaining and operating the State Department of Health, and in administering and executing the laws pertaining to the duties and functions of the State Department of Health. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.Amended by Laws 1986, c. 312, § 13, operative July 1, 1986.§63-1-107.1.Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 2002. §63-1-107.1A.Eldercare Revolving Fund. A.There is hereby created in the State Treasury a Revolving Fund for the State Department of Health to be designated the "Eldercare Revolving Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. B.All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of local Eldercare case management programs.A full accounting of the expenditures of the program shall be sent to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year.Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. C.The Eldercare Revolving Fund shall not be used for the costs the State Department of Health incurs in administering the local programs. D.The State Department of Health shall recognize and reimburse indirect costs for Eldercare programs, administered by contractors, if the costs are charged in accordance with an indirect cost allocation plan developed in accordance with federal guidelines established by the United States Office of Management and Budget Circular A-87.In no case shall the State Department of Health reimburse indirect costs in excess of twenty percent (20%) of total direct salaries for Eldercare and Advantage program personnel. Added by Laws 2002, c. 3, § 8, emerg. eff. Feb. 15, 2002.§63-1-107.2.Vaccine Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Vaccine Revolving Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law.All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health for the purchase of vaccines.Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. Added by Laws 1992, c. 336, § 7, eff. July 1, 1992.§63-1-107.3.Health Department Media Campaign Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated as the "Health Department Media Campaign Revolving Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law.All monies accruing to the credit of said fund shall be budgeted and expended by the State Department of Health for media campaigns.Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. Added by Laws 1993, c. 269, § 9, eff. Sept. 1, 1993.§631108.Federal fundsGrants and donations. The State Treasurer shall act as custodian of funds received by and allotted to the State Department of Health and to the State Commissioner of Health by federal agencies, when requested to do so by such federal agencies; and the State Budget Director shall maintain a system of accounts for such funds, and each allotment of funds shall be kept and accounted for as a separate fund.Such funds shall be disbursed in the same manner as state appropriated funds, except as may otherwise be requested by the federal agency allotting the funds disbursed.Grants and donations from other sources for public health purposes shall be similarly kept, accounted for or disbursed if believed by the State Commissioner of Health to be necessary or convenient to accomplish the purposes for which the grants or donations were made.Laws 1963, c. 325, art. 1, § 108.§631109.Right to choose practitioner. Nothing in this Code shall prevent citizens of this state from the free choice of any practitioner of the healing arts who is licensed to practice his profession in the State of Oklahoma, nor from the free choice of a dulyaccredited religious practitioner of any nationally recognized church or denomination who practices healing by prayer or spiritual means alone in accordance with the tenets and practices of such church or denomination, nor shall this Code be construed to permit one legalized profession of the healing arts to discriminate in any manner against any other profession of the healing arts so licensed to practice its profession by the State of Oklahoma.Laws 1963, c. 325, art. 1, § 109.§63-1-110.1.Children First Fund. A.There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Children First Fund".The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law.All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of Children First family resource programs.Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. B.The State Department of Health shall submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year, an annual report, including a full accounting of administrative expenditures from the fund for the prior fiscal year, and a summary detailing the demographic characteristics of families served including, but not limited to, the following: 1.Age and marital status of parent(s); 2.Household composition of families served; 3.Number of families accepted into the program, by location, and average length of time enrolled; 4.Referrals made on behalf of families not accepted into the program; and 5.Average actual expenditures per child during the most recent state fiscal year. C.Projects shall comply with the uniform components of the State Plan for the Prevention of Child Abuse. D.The Department shall forward to the Oklahoma Health Care Authority a report of the total number of hours of nursing services provided to families under Children First family resource programs.The Oklahoma Health Care Authority shall submit such information to the Centers for Medicaid and Medicare Services for purposes of applying for federal matching funds and shall submit any necessary applications for waivers to accomplish the provisions of this subsection. E.The State Department of Health shall contract with a university-related program for a performance-based evaluation of programs.Program sites shall fully cooperate and comply with the evaluation process, and sites shall provide weekly caseload and referral information to the State Department of Health. Added by Laws 1997, c. 375, § 1, eff. Sept. 1, 1997.Amended by Laws 1998, c. 392, § 5, eff. Sept. 1, 1998; Laws 2001, c. 356, § 5, emerg. eff. June 4, 2001; Laws 2003, c. 103, § 1, eff. Nov. 1, 2003.§63-1-111.1.Repealed by Laws 2004, c. 29, § 1. §63-1-114.1.Comprehensive Childhood Lead Poisoning Prevention Program - Childhood Lead Poisoning Prevention Advisory Council. A.There is hereby established the Comprehensive Childhood Lead Poisoning Prevention Program to be administered by the State Department of Health. B.The State Board of Health shall promulgate rules for: 1.Lead toxicity screening of children ages six (6) months to seventy-two (72) months; 2.The performance of verbal risk assessments on children ages six (6) months to seventy-two (72) months; 3.The performance of blood lead tests when screening eligible children for lead poisoning, provided that screening and testing for Medicaid-eligible children shall be conducted in accordance with existing federal law; 4.Setting standards for any developmental assessments for a child identified as being lead poisoned; 5.Identifying as statewide screening requirements the minimum laboratory tests or analysis for childhood lead poisoning to be performed by medical providers for particular age or population groups; 6.The determination of risk for each child tested; 7.Detailing the diagnosis, treatment and follow-up services needed pursuant to the provisions of this act; 8.Providing for health education and counseling related to childhood lead poisoning to parents and children; and 9.Assessments and lead hazard control as part of the treatment and follow-up for a child identified as being lead poisoned. C.To assist the State Board of Health in establishing criteria, standards and rules necessary to effectuate the provisions of this section, there is hereby created the Childhood Lead Poisoning Prevention Advisory Council.The Council shall consist of fifteen (15) members to be appointed as follows: 1.Eleven members shall be appointed by the State Commissioner of Health as follows:a representative of a local housing authority, a representative of a housing industry organization, a local housing code official, a representative of a local housing project, an environmental professional, a public health nurse, a representative of the Oklahoma Chapter of the American Academy of Pediatrics, a representative of the State Medicaid Program, a clinical laboratory director, and two parents; and 2.The following four ex officio members or their designees:the State Commissioner of Health, the Executive Director of the Department of Environmental Quality, the Director of the Oklahoma Commission on Children and Youth, and the Director of the Oklahoma Housing Finance Authority. The terms of office of the appointed members shall be three (3) years.Members shall serve at the pleasure of the appointing authority.The Council shall recommend to the Board rules for the Comprehensive Childhood Lead Poisoning Prevention Program.The Council is authorized to utilize the conference rooms of the State Department of Health and to obtain administrative assistance from the Department. Added by Laws 1994, c. 158, § 1, eff. Sept. 1, 1994.§63-1-114.2.Dental Health Service. A.The Dental Health Service is hereby created within the State Department of Health. B.The Dental Health Service shall: 1.Plan, direct and coordinate all dental public health programs with local, state, and national health programs; 2.Advise the Department on matters involving oral health; and 3.Plan, implement, and evaluate all oral health programs within the Department. C.The director of the Dental Health Service shall be an experienced public health dentist licensed to practice under the State Dental Act of Oklahoma. Added by Laws 2007, c. 122, § 1, eff. Nov. 1, 2007.§63-1-115.Short title. This act shall be known and may be cited as the "Oklahoma Health Care Information System Act". Added by Laws 1992, c. 347, § 1, eff. Sept. 1, 1992.§63-1-116.Definitions. When used in the Oklahoma Health Care Information System Act: 1."Board" means the State Board of Health; 2."Commissioner" means the State Commissioner of Health; 3."Department" means the State Department of Health; 4."Health care providers" means a hospital or related institution licensed pursuant to Section 1-702 of this title, nursing facilities licensed pursuant to Section 1-1903 of this title, physicians as specified in paragraphs 1 through 7 of subsection A of Section 725.2 of Title 59 of the Oklahoma Statutes, physical therapists, physician assistants, pharmacists, nurses and home health care providers licensed pursuant to the laws of this state; 5."Third-party payor" means any entity, other than a purchaser, which is responsible for payment either to the purchaser or the health care provider for health care services rendered by the health care provider; 6."Public-supported provider" means any public or private entity supported in whole or in part by federal or state funds, or any health care provider contracting with the state for providing health care services including, but not limited to, Medicaid; 7."Identifying information" means a program identifying number assigned for purposes of statistical and data analysis, which protects and maintains patient and physician anonymity.Identifying information shall remain confidential as provided in Section 1-120 of this title; 8."Information providers" means and includes health care providers, third-party payors or public-supported providers required to report or submit information to the Division of Health Care Information pursuant to the Oklahoma Health Care Information System Act; 9."Division" means the Division of Health Care Information; and 10."Health care information system" means the system for receipt, collection, analysis, evaluation, processing, utilization and dissemination of health care data established and maintained by the Division of Health Care Information pursuant to the Oklahoma Health Care Information System Act. Added by Laws 1992, c. 347, § 2, eff. Sept. 1, 1992.Amended by Laws 1993, c. 332, § 15; Laws 1994, c. 350, § 1, eff. Sept. 1, 1994; Laws 1998, c. 389, § 3, eff. July 1, 1998; Laws 2000, c. 52, § 5, emerg. eff. April 14, 2000.§63-1-117.Legislative findings - Intent. A.As a result of rising health care costs and concerns expressed by health care providers, health care consumers, third-party payors and the general public, and as a result of public health information showing that Oklahoma has a higher death rate than the national average, the Oklahoma Legislature finds that there is an urgent need to establish and maintain, for the purposes of accurately assessing the health of the public, health care planning and cost containment, an information base for the State of Oklahoma that will facilitate ongoing analysis and evaluation of patterns and trends in the health status of Oklahomans, the utilization and costs of health care services, and the capability of the various components of the health care industry to provide needed services. B.The Oklahoma Health Care Information System shall be responsible for the development and operation of a method for collecting, processing and disseminating health care data including, but not limited to, quality, expenditure and utilization data.It is the intent of the Legislature that a uniform set of data be periodically and routinely compiled that will make possible the ongoing analysis, comparison and evaluation of trends in the quality and delivery of health care services in this state for the purpose of effective health care planning by public and private entities, cost containment, health facility development, and improving access to and quality of care. Added by Laws 1992, c. 347, § 3, eff. Sept. 1, 1992.Amended by Laws 1998, c. 389, § 4, eff. July 1, 1998; Laws 2000, c. 332, § 1, eff. July 1, 2000.§63-1-118.Division of Health Care Information - Powers and duties. A.The Division of Health Care Information is hereby created within the State Department of Health. B.The Division shall: 1.Collect from providers health care information for which the Division has established a defined purpose and a demonstrated utility that is consistent with the intent of the provisions of Section 1-117 et seq. of this title; 2.Establish and maintain a uniform health care information system; 3.Analyze health care data submitted including, but not limited to, geographic mapping of disease entities; 4.Provide for dissemination of health care data to users and consumers; 5.Provide for the training and education of information providers regarding processing and maintenance and methods of reporting required information; 6.Be authorized to access all state agency health-related data sets and shall develop mechanisms for the receipt of health care data to the Division or its agent; provided, however, all provisions for confidentiality shall remain in place; 7.Provide for the exchange of information with other agencies or political subdivisions of this state, the federal government or other states, or agencies thereof.The Division shall collaborate with county health departments, including the Oklahoma City-County Health Department and the Tulsa City-County Health Department, in developing city-county based health data sets; 8.Contract with other public or private entities for the purpose of collecting, processing or disseminating health care data; and 9.Build and maintain the data base. C.1.The State Board of Health shall adopt rules governing the acquisition, compilation and dissemination of all data collected pursuant to the Oklahoma Health Care Information System Act. 2.The rules shall include, but not be limited to: a.adequate measures to provide system security for all data and information acquired pursuant to the Oklahoma Health Care Information System Act, b.adequate procedures to ensure confidentiality of patient records, c.&n
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  • §631101. Short title. 

    This act shall be known as the Oklahoma Public Health Code. 

     

    Laws 1963, c. 325, art. 1, § 101.  

    §631102. Definitions of terms used in Code. 

    As used in this Code, unless the context requires otherwise: 

    (a) The term "Board" means the State Board of Health. 

    (b) The term "Department" means the State Department of Health. 

    (c) the term "Commissioner" means the State Commissioner of Health. 

    (d) The term "local health officer" means the County Superintendent of Health of a county, or the Medical Director of a County Department of Health, District Department of Health or Cooperative Department of Health. 

    (e) The term "person" means any individual, corporation, company, firm, partnership, association, trust, state agency, governmental instrumentality or agency, institution, county, city, town or municipal authority or trust. 

     

    Laws 1963, c. 325, art. 1, § 102.  

    §63-1-103. State Board of Health created. 

    A. 1. There is hereby created the State Board of Health, which shall consist of nine (9) members appointed by the Governor and confirmed by the Senate for regular terms of nine (9) years, except as hereinafter otherwise indicated. 

    2. Not less than four members shall hold a current license to practice medicine in this state pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act and the Oklahoma Osteopathic Medicine Act. At least one physician member shall be a person licensed to practice medicine in this state by the State Board of Osteopathic Examiners. Physician members licensed by the State Board of Medical Licensure and Supervision shall be members of the Oklahoma State Medical Association. One physician member shall be a diplomate of the American Board of Psychiatry and Neurology or be similarly qualified. 

    B. 1. The term of office of one member shall expire on June 30, 1964, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Creek, Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes, Johnston, and Coal. 

    2. The term of office of one member shall expire on June 30, 1965, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Blaine, Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson, and Cotton. 

    3. The term of office of one member shall expire on June 30, 1966, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Le Flore, Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan, Marshall, Carter, and Love. 

    4. The term of office of one member shall expire on June 30, 1967, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Cimarron, Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant, Garfield, Kay, and Noble. 

    5. The term of office of one member shall expire on June 30, 1968, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Adair, Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and Okmulgee. 

    6. The term of office of one member shall expire on June 30, 1969, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Ottawa, Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee, and Osage. 

    7. The term of office of one member shall expire on June 30, 1970, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Logan, Oklahoma, Cleveland, McClain, Garvin, Murray, and Payne. 

    8. The term of office of one member shall expire on June 30, 1971, and each nine (9) years thereafter, and such member shall be a resident of one of the following counties and shall have been a resident of one or more of such counties for not less than five (5) years immediately preceding such member's appointment: Ellis, Dewey, Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson, Harmon, and Tillman. 

    9. The term of office of one member shall expire on June 30, 1972, and each nine (9) years thereafter, and such member shall be appointed from the State of Oklahoma at large, and shall have been a resident of the state for not less than five (5) years immediately preceding such member's appointment. 

    Added by Laws 1963, c. 325, art. 1, § 103, operative July 1, 1963. Amended by Laws 1987, c. 118, § 51, operative July 1, 1987; Laws 1997, c. 238, § 1, eff. Nov. 1, 1997; Laws 2002, c. 230, § 1, eff. Nov. 1, 2002. 

     

    §63-1-104. State Board of Health – Officers – Government – Travel expenses – Powers and duties. 

    A. The State Board of Health shall elect annually from its membership a President, Vice President and Secretary. The Board shall adopt rules for its government, and may adopt an official seal for the State Department of Health. It shall hold such meetings as it deems necessary. Each member of the Board shall be paid travel expenses, as provided in the State Travel Reimbursement Act. 

    B. The Board shall have the following powers and duties: 

    1. Appoint and fix the compensation of a State Commissioner of Health; 

    2. Adopt such rules and standards as it deems necessary to carry out any of the provisions of this Code; 

    3. Accept and disburse grants, allotments, gifts, devises, bequests, funds, appropriations, and other property made or offered to it; and 

    4. Establish such divisions, sections, bureaus, offices, and positions in the State Department of Health as it deems necessary to carry out the provisions of this Code. 

    Added by Laws 1963, c. 325, art. 1, § 104, operative July 1, 1963. Amended by Laws 1976, c. 136, § 1, operative July 1, 1976; Laws 1985, c. 178, § 42, operative July 1, 1985; Laws 1997, c. 238, § 2, eff. Nov. 1, 1997. 

     

    §631105. State Department of Health created. 

    There is hereby created a State Department of Health, which shall consist of the State Commissioner of Health, and such divisions, sections, bureaus, offices, and positions as may be established by the State Board of Health, or by law. 

     

    Laws 1963, c. 325, art. 1, § 105.  

    §631105a. Liability insurance for certain employees. 

    The Department of Health is authorized to purchase or provide, from funds available for the operation of the Department, liability insurance for the State Board of Health, the Commissioner of Health, and such other employees of the Department as may be designated by the Board. The insurance coverage shall protect such persons from personal civil liability for errors and omissions resulting from the discharge of their official duties. This section shall in no way be construed as waiving the governmental immunity of the state. 

     

    Added by Laws 1982, c. 299, § 17, emerg. eff. May 28, 1982.  

    §63-1-105b. Soliciting residents for nursing care facilities. 

    Any employee of the State Department of Health who willfully or knowingly accepts anything of value from any person, firm, association, partnership or corporation for securing or soliciting residents for any facility subject to the Nursing Home Care Act, the Residential Care Act, the Continuum of Care and Assisted Living Act, or any other long-term care facility licensed by the Department, upon conviction thereof, shall be guilty of a felony. 

    Added by Laws 2000, c. 340, § 10, eff. July 1, 2000. 

     

    §63-1-105c. Conflicts of interest. 

    A. The State Department of Health shall: 

    1. Ensure that no employee of the Department whose responsibilities relate in any manner to long-term care is subject to a conflict of interest which would impair the ability of the person to carry out his or her employment duties in an impartial manner including, but not limited to: 

    a.  ownership or investment interest by the employee or a member of the employee’s immediate family represented by equity, debt or other financial relationship in a long-term care facility or a long-term care service, 

    b.  employment by, under contract to, or participation by the employee or a member of the employee’s immediate family in the management of, a long-term care facility, except as provided in Section 1-1914.2 of Title 63 of the Oklahoma Statutes and with the approval of the State Commissioner of Health, or 

    c.  the receipt or the right of the employee or a member of the employee’s immediate family to receive directly or indirectly remuneration, in cash or in kind, under a compensation arrangement with an owner or operator of a long-term care facility; and 

    2. Establish and specify, in writing, mechanisms to identify and remove conflicts of interest referred to in this section including, but not limited to: 

    a.  the methods by which the Department will examine individuals and members of the individuals' immediate family members to identify the conflicts, and 

    b.  the actions that the Department will require the individuals and such family members to take to eliminate such conflicts. 

    B. For purposes of this section, the term “immediate family” means: 

    1. The spouse of the employee; 

    2. The parents of the spouse of the employee; 

    3. A child by birth or adoption; 

    4. A stepchild; 

    5. A parent; 

    6. A grandparent; 

    7. A grandchild; 

    8. A sibling of the employee; 

    9. The spouse of any immediate family member specified in this subsection; or 

    10. Such other relationship deemed necessary by the State Board of Health as determined by rule. 

    Added by Laws 2000, c. 340, § 11, eff. July 1, 2000. 

     

    §63-1-105d. Tobacco Prevention and Cessation Revolving Fund. 

    There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Tobacco Prevention and Cessation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for purposes of paragraph 2 of subsection C of Section 1 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    Added by Laws 2000, c. 340, § 20, eff. July 1, 2000. 

     

    NOTE: Editorially renumbered from § 105d of this title to provide consistency in numbering. 

     

    §63-1-105e. Duties of Department of Health. 

    A. The State Department of Health shall: 

    1. Perform duties and responsibilities as directed by the State Commissioner of Health to ensure compliance with relevant provisions of this act; and 

    2. Fix and collect fees for the certification of compliance of health maintenance organizations pursuant to the provisions of Section 7 of the Health Maintenance Organization Act of 2003. 

    B. All actions of the Department shall be subject to the provisions of the Administrative Procedures Act. 

    C. Fees collected shall be deposited in the Public Health Special Fund in the State Treasury. 

    Added by Laws 2003, c. 197, § 54, eff. Nov. 1, 2003. 

     

    §63-1-105f. Office of Accountability Systems. 

    A. The Office of Accountability Systems of the State Department of Health (OAS) shall have the authority to: 

    1. Coordinate audits and investigations and make reports to the State Board of Health and State Commissioner of Health within the State Department of Health and State Health Officer relating to the administration of programs and operations of the State Department of Health; 

    2. Except as otherwise prohibited by current law, access all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to programs and operations with respect to which the Director of the Office of Accountability Systems has responsibilities; 

    3. Request assistance from other state, federal and local government agencies; 

    4. Issue subpoenas for the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence that is in the custody or control of the State Department of Health; 

    5. Administer to or take from any current or former employee of the State Department of Health an oath, affirmation, or affidavit; 

    6. Receive and investigate complaints or information from an employee of the Department, service recipient or member of the public concerning the possible existence of an activity within the State Department of Health constituting a violation of law, rules or regulations, mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety; 

    7. Cause to be issued on behalf of OAS credentials, including an identification card with the State Seal; and 

    8. Keep confidential all actions and records relating to OAS complaints. 

    B. It shall be the duty and responsibility of the Director and staff of the Office of Accountability Systems to: 

    1. Keep the State Board of Health and the State Commissioner of Health fully informed of matters relating to fraud, abuses, deficiencies and other serious problems of which the Director is aware relating to the administration of programs and operations within the State Department of Health. Further, the Director shall recommend corrective action concerning such matters and report to the State Board of Health and the State Commissioner of Health on the progress of the corrective matters; 

    2. Report to and be under the direct supervision of the State Board of Health. Unless otherwise directed by the State Board of Health, the Director shall report to and be under the general supervision of the State Commissioner of Health, but shall not be subject to supervision or report to any other State Department of Health employee. Unless otherwise instructed by the State Board of Health, staff of the Office of Accountability Systems and independent contractors performing internal investigative services for the Office of Accountability Systems shall be directly supervised by the Director of the Office of Accountability Systems and not subject to the supervision of or required to report to any other State Department of Health employee. Neither the State Commissioner of Health nor any other employee of the State Department of Health shall prevent, prohibit, or obstruct the Director from initiating, implementing or completing any investigation or from issuing any subpoena during the course of an investigation or audit regarding the State Department of Health; and 

    3. Report expeditiously to the appropriate law enforcement entity whenever the Director has reasonable grounds to believe that there has been a felonious violation of state or federal criminal law. 

    Added by Laws 2006, c. 101, § 1, eff. July 1, 2006. Amended by Laws 2008, c. 119, § 1, emerg. eff. May 5, 2008. 

     

    §63-1-106. State Commissioner of Health - Qualifications - Powers and duties. 

    A. The State Commissioner of Health shall serve at the pleasure of the State Board of Health, and shall have skill and experience in public health duties and sanitary sciences and shall meet at least one of the following qualifications: 

    1. Possession of a Doctor of Medicine Degree and a license to practice medicine in this state; 

    2. Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state; 

    3. Possession of a Doctoral degree in Public Health or Public Health Administration; or 

    4. Possession of a Master of Science Degree and a minimum of five (5) years of supervisory experience in the administration of health services. 

    B. The Commissioner shall have the following powers and duties, unless otherwise directed by the State Board of Health: 

    1. Have general supervision of the health of the citizens of the state; make investigations, inquiries and studies concerning the causes of disease and injury, and especially of epidemics, and the causes of mortality, and the effects of localities, employment, conditions and circumstances on the public health; investigate conditions as to health, sanitation and safety of schools, prisons, public institutions, mines, public conveyances, camps, places of group abode, and all buildings and places of public resort, and recommend, prescribe and enforce such measures of health, sanitation and safety for them as the Commissioner deems advisable; take such measures as deemed necessary by the Commissioner to control or suppress, or to prevent the occurrence or spread of, any communicable, contagious or infectious disease, and provide for the segregation and isolation of persons having or suspected of having any such disease; designate places of quarantine or isolation; advise state and local governments on matters pertaining to health, sanitation and safety; and abate any nuisance affecting injuriously the health of the public or any community. Any health information or data acquired by the Commissioner from any public agency, which information or data is otherwise confidential by state or federal law, shall remain confidential notwithstanding the acquisition of this information by the Commissioner. 

    2. Be the executive officer and supervise the activities of the State Department of Health, and act for the Department in all matters except as may be otherwise provided in this Code; administer oaths at any hearing or investigation conducted pursuant to this Code; and enforce rules and standards adopted by the State Board of Health. All rules adopted by the State Board of Health are subject to the terms and conditions of the Administrative Procedures Act. 

    3. Appoint an Assistant State Commissioner of Health and fix the qualifications, duties and compensation of the Assistant State Commissioner of Health; and employ, appoint and contract with, and fix the qualifications, duties and compensation of, such other assistants, doctors, engineers, attorneys, sanitarians, nurses, laboratory personnel, administrative, clerical and technical help, investigators, aides and other personnel and help, either on a full-time, part-time, fee or contractual basis, as shall be deemed by the Commissioner necessary, expedient, convenient or appropriate to the performance or carrying out of any of the purposes, objectives or provisions of this Code, or to assist the Commissioner in the performance of official duties and functions. 

    4. Cause investigations, inquiries and inspections to be made, and hold hearings and issue orders pursuant to the provisions of the Administrative Procedures Act, to enforce and make effective the provisions of this Code, and all rules and standards adopted by the State Board of Health pursuant to law and the Commissioner or the representative of the Commissioner shall have the right of access to any premises for such purpose at any reasonable time, upon presentation of identification. 

    5. Authorize persons in the State Department of Health to conduct investigations, inquiries and hearings, and to perform other acts that the Commissioner is authorized or required to conduct or perform personally. 

    6. Except as otherwise provided by law, all civil and criminal proceedings under this Code shall be initiated and prosecuted by the district attorney where the violation takes place. 

    7. Issue subpoenas for the attendance of witnesses and the production of books and records at any hearing to be conducted by the Commissioner or the State Board of Health; and if a person disobeys any such subpoena, or refuses to give evidence before, or to allow books and records to be examined by, the Commissioner or the Board after such person is directed to do so, the Commissioner may file a contempt proceeding in the district court of the county in which the premises involved are situated, or, if no premises are involved, of the county in which such person resides or has a principal place of business, and a judge of such court, after a trial de novo, may punish the offending person for contempt. 

    8. Unless otherwise required by the terms of a federal grant, sell, exchange or otherwise dispose of personal property that has been acquired by the State Department of Health, or any of its components, when such property becomes obsolete or is no longer needed; any money derived therefrom shall be deposited in the Public Health Special Fund. 

    9. Sell films, educational materials, biological products and other items produced by the State Department of Health; and all proceeds therefrom shall be deposited in the Public Health Special Fund. 

    10. Revoke or cancel, or suspend for any period up to one (1) year, any license or permit issued under or pursuant to this Code, or by the Commissioner, when the Commissioner determines that ground therefor as prescribed by this Code exists, or that the holder of such license or permit has violated any law, or any of the provisions of this Code, or any rules or standards of the State Board of Health filed with the Secretary of State, but the Commissioner shall first afford the holder an opportunity to show cause why the license or permit should not be revoked, canceled or suspended, notice of such opportunity to be given by certified United States Mail to the holder of the license or permit at the last-known address of such holder. 

    11. Accept, use, disburse and administer grants, allotments, gifts, devises, bequests, appropriations and other monies and property offered or given to the State Department of Health, or any component or agency thereof, by any agency of the federal government, or any corporation or individual. 

    12. Be the official agency of the State of Oklahoma in all matters relating to public health which require or authorize cooperation of the State of Oklahoma with the federal government or any agency thereof; coordinate the activities of the State Department of Health with those of the federal government or any department or agency thereof, and with other states, on matters pertaining to public health, and enter into agreements for such purpose, and may accept, use, disburse and administer, for the office of the Commissioner or for the State Department of Health, for any purpose designated and on the terms and conditions thereof, grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and carry on in this state any program relating to the public health or the control of disease, and enter into agreements for such purposes. 

    13. The State Commissioner of Health may appoint commissioned peace officers, certified by the Council on Law Enforcement Education and Training, to investigate violations of the Public Health Code and to provide security to Department facilities. 

    Added by Laws 1963, c. 325, art. 1, § 106, operative July 1, 1963. Amended by Laws 1980, c. 159, § 17, emerg. eff. April 2, 1980; Laws 1986, c. 148, § 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, § 52, operative July 1, 1987; Laws 1987, c. 225, § 42, eff. July 1, 1987; Laws 1991, c. 293, § 4, emerg. eff. May 30, 1991; Laws 1995, c. 230, § 20, eff. July 1, 1995; Laws 1997, c. 238, § 3, eff. Nov. 1, 1997; Laws 2004, c. 456, § 1, eff. Nov. 1, 2004. 

     

    §63-1-106.1. Fee schedule for licenses, permits and other health services. 

    A. The State Board of Health may establish a system of fees to be charged for health services and for services rendered to members of the public in the issuance and renewal of licenses and permits by the State Commissioner of Health and the State Department of Health. This provision is subject to the following limitations: 

    1. No schedule of fees may be established or amended by the Board except during such times as the Legislature is in session; provided, the Board may establish or amend a schedule of fees at a time when the Legislature is not in session if the fees or schedule of fees has been specifically authorized by the Legislature or has been approved by the Contingency Review Board. The State Board of Health must follow the procedures required by Article I of the Administrative Procedures Act for adoption of rules and regulations in establishing or amending any such schedule of fees; and 

    2. The Board shall charge fees only within the following ranges, except as may be otherwise provided for in this title. 

    For license or permit issuance: $50.00 to $2,000.00 

    For license or permit renewal: $10.00 to $500.00 

    For health services: $25.00 to $250.00 

    provided further, that any facility exempt from the requirement to obtain a permit based on date of construction or start-up may be assessed an annual permit renewal fee equivalent. 

    B. The Board's authority to establish such a fee schedule shall extend to all programs administered by the State Commissioner of Health and the State Department of Health, regardless of whether the statutes creating such programs are codified in the Oklahoma Public Health Code. 

    C. The Board shall base its schedule of licensing or permitting fees upon the reasonable costs of review and inspection services rendered in connection with each license and permit program, but shall be within the ranges specified in subsection A of this section, except as may be otherwise specified in this section. The Department shall establish a system of training for all personnel who render review and inspection services in order to assure uniform statewide application of rules and regulations and the Board shall also base the fee on reasonable costs associated with the training of those personnel. Such fees shall not be used in the operation of local health departments whose personnel do not participate fully in applicable State Department of Health training and standardization programs. 

    D. The Board may exempt by rule any class of licensee or permittee or any class of facility or activity to be licensed or permitted from the requirements of the fee schedule if the Board determines that the creation of such a schedule for any such class would work an unreasonable economic hardship. 

    E. All statutory fees now in effect for health services and for the issuance and renewal of any license or permit administered by the State Commissioner of Health and the State Department of Health within the jurisdiction of the Department shall remain in effect until such time as the Board acts to implement new fee schedules pursuant to the provisions of this Code. 

    F. Unless a longer duration is specified for certain permits by the rules and regulations of the Board, licenses and permits issued by the Commissioner of Health shall be for a one-year period. 

    Added by Laws 1984, c. 162, § 2, emerg. eff. May 1, 1984. Amended by Laws 1987, c. 206, § 16, operative July 1, 1987; Laws 1987, c. 236, § 2, emerg. eff. July 20, 1987; Laws 1991, c. 293, § 1, emerg. eff. May 30, 1991; Laws 1991, c. 335, § 22, emerg. eff. June 15, 1991; Laws 1992, c. 215, § 20, emerg. eff. May 15, 1992; Laws 1992, c. 373, § 12, eff. July 1, 1992; Laws 1993, c. 145, § 308, eff. July 1, 1993; Laws 2005, c. 282, § 1, emerg. eff. June 6, 2005. 

    NOTE: Laws 1991, c. 287, § 10 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1992, c. 183, § 1 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992. Laws 1993, c. 163, § 1 repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993. 

     

    §63-1-106.2. Uniform application to be used in credentialing process. 

    A. By January 1, 1999, the State Board of Health shall promulgate rules necessary to develop a uniform application which shall be used in the credentialing process of health care providers. The State Department of Health shall develop such application form for: 

    1. Initial privileges or membership in a hospital, managed care organization, or other entity requiring credentials verification; and 

    2. Recredentialing or reappointment in a hospital, managed care organization, or other entity requiring credentials verification. 

    B. Any entity requiring credentials verification may require supplemental information. 

    Added by Laws 1998, c. 210, § 1, eff. July 1, 1998. 

     

    §63-1-106.3. Oklahoma Food Service Advisory Council. 

    A. There is hereby created within the State Department of Health the Oklahoma Food Service Advisory Council. The purpose of the Advisory Council shall be to: 

    1. Advise the State Board of Health, the State Commissioner of Health, and the Department regarding food service establishments; and 

    2. Recommend actions to improve sanitation and consumer protection. 

    B. The Advisory Council shall have the duty and authority to: 

    1. Review and approve in an advisory capacity only rules and standards for food service establishments operating in this state; 

    2. Evaluate, review and make recommendations regarding Department inspection activities; and 

    3. Recommend and approve quality indicators and data submission requirements for food service establishments which shall be used by the Department to monitor compliance with licensure requirements and to publish an annual report of food service establishment performance. 

    C. The Oklahoma Food Service Advisory Council shall be composed of thirteen (13) members as follows: 

    1. Eight members shall be appointed by the Commissioner, with the advice and consent of the Board, from a list of three names for each position provided by an association representing the majority of restaurant owners in this state. Such appointments shall be as follows: 

    a.  one member shall represent the Oklahoma Restaurant Association, 

    b.  one member shall represent the Oklahoma Hotel and Motel Association, 

    c.  one member shall represent the Oklahoma Grocers Association, 

    d.  one member shall represent food service education, 

    e.  one member shall represent food processing education, 

    f.  one member shall be an independent food service operator, 

    g.  one member shall be a food processor, and 

    h.  one member shall be a citizen representing the public and shall not be a food service establishment operator or employee and shall not be a member of a food service governing board; and 

    2. The remaining appointments shall consist of: 

    a.  the Director of the Oklahoma City-County Health Department, or a designee, 

    b.  the Director of the Tulsa City-County Health Department, or a designee, 

    c.  two directors from other county health departments in this state or a designee, appointed by the Commissioner, and 

    d.  the Director of the State Department of Agriculture, or a designee. 

    D. The appointments made by the Commissioner shall be for three-year terms, except that after the effective date of this act, the initial term of the representative of the public shall be for one (1) year, and the initial terms of the independent food service operator, the food processor, and the representatives of food service education and food processing education shall be for two (2) years. The initial terms of all other members appointed by the Commissioner shall be for three (3) years. After initial appointments to the Advisory Council, the Commissioner shall appoint members to three-year terms. 

    E. The Advisory Council shall meet on a quarterly basis. Members of the Advisory Council shall serve without compensation but shall be reimbursed for travel expenses by the Department pursuant to the provisions of the State Travel Reimbursement Act. 

    Added by Laws 1999, c. 290, § 1, eff. Nov. 1, 1999. 

     

    §631107. Public Health Special Fund. 

    There is hereby created in the State Treasury a revolving fund to be known as the Public Health Special Fund. All monies, fees and revenues collected, authorized or received from any source by the State Commissioner of Health or the State Department of Health under the provisions of this Code or any other law or any agreement shall, unless otherwise expressly provided in this Code or other law, be placed in said fund. Said fund shall be a continuing fund not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commissioner for the purpose of maintaining and operating the State Department of Health, and in administering and executing the laws pertaining to the duties and functions of the State Department of Health. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

     

    Amended by Laws 1986, c. 312, § 13, operative July 1, 1986.  

    §63-1-107.1. Repealed by Laws 2002, c. 3, § 25, emerg. eff. Feb. 15, 2002. 

    §63-1-107.1A. Eldercare Revolving Fund. 

    A. There is hereby created in the State Treasury a Revolving Fund for the State Department of Health to be designated the "Eldercare Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. 

    B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of local Eldercare case management programs. A full accounting of the expenditures of the program shall be sent to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    C. The Eldercare Revolving Fund shall not be used for the costs the State Department of Health incurs in administering the local programs. 

    D. The State Department of Health shall recognize and reimburse indirect costs for Eldercare programs, administered by contractors, if the costs are charged in accordance with an indirect cost allocation plan developed in accordance with federal guidelines established by the United States Office of Management and Budget Circular A-87. In no case shall the State Department of Health reimburse indirect costs in excess of twenty percent (20%) of total direct salaries for Eldercare and Advantage program personnel. 

    Added by Laws 2002, c. 3, § 8, emerg. eff. Feb. 15, 2002. 

     

    §63-1-107.2. Vaccine Revolving Fund. 

    There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated the "Vaccine Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Health for the purchase of vaccines. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    Added by Laws 1992, c. 336, § 7, eff. July 1, 1992. 

     

    §63-1-107.3. Health Department Media Campaign Revolving Fund. 

    There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated as the "Health Department Media Campaign Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of said fund shall be budgeted and expended by the State Department of Health for media campaigns. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    Added by Laws 1993, c. 269, § 9, eff. Sept. 1, 1993. 

     

    §631108. Federal funds Grants and donations. 

    The State Treasurer shall act as custodian of funds received by and allotted to the State Department of Health and to the State Commissioner of Health by federal agencies, when requested to do so by such federal agencies; and the State Budget Director shall maintain a system of accounts for such funds, and each allotment of funds shall be kept and accounted for as a separate fund. Such funds shall be disbursed in the same manner as state appropriated funds, except as may otherwise be requested by the federal agency allotting the funds disbursed. Grants and donations from other sources for public health purposes shall be similarly kept, accounted for or disbursed if believed by the State Commissioner of Health to be necessary or convenient to accomplish the purposes for which the grants or donations were made. 

     

    Laws 1963, c. 325, art. 1, § 108.  

    §631109. Right to choose practitioner. 

    Nothing in this Code shall prevent citizens of this state from the free choice of any practitioner of the healing arts who is licensed to practice his profession in the State of Oklahoma, nor from the free choice of a dulyaccredited religious practitioner of any nationally recognized church or denomination who practices healing by prayer or spiritual means alone in accordance with the tenets and practices of such church or denomination, nor shall this Code be construed to permit one legalized profession of the healing arts to discriminate in any manner against any other profession of the healing arts so licensed to practice its profession by the State of Oklahoma. 

     

    Laws 1963, c. 325, art. 1, § 109.  

    §63-1-110.1. Children First Fund. 

    A. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Children First Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Health for operation of Children First family resource programs. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment. 

    B. The State Department of Health shall submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by January 15 of each year, an annual report, including a full accounting of administrative expenditures from the fund for the prior fiscal year, and a summary detailing the demographic characteristics of families served including, but not limited to, the following: 

    1. Age and marital status of parent(s); 

    2. Household composition of families served; 

    3. Number of families accepted into the program, by location, and average length of time enrolled; 

    4. Referrals made on behalf of families not accepted into the program; and 

    5. Average actual expenditures per child during the most recent state fiscal year. 

    C. Projects shall comply with the uniform components of the State Plan for the Prevention of Child Abuse.  

    D. The Department shall forward to the Oklahoma Health Care Authority a report of the total number of hours of nursing services provided to families under Children First family resource programs. The Oklahoma Health Care Authority shall submit such information to the Centers for Medicaid and Medicare Services for purposes of applying for federal matching funds and shall submit any necessary applications for waivers to accomplish the provisions of this subsection. 

    E. The State Department of Health shall contract with a university-related program for a performance-based evaluation of programs. Program sites shall fully cooperate and comply with the evaluation process, and sites shall provide weekly caseload and referral information to the State Department of Health. 

    Added by Laws 1997, c. 375, § 1, eff. Sept. 1, 1997. Amended by Laws 1998, c. 392, § 5, eff. Sept. 1, 1998; Laws 2001, c. 356, § 5, emerg. eff. June 4, 2001; Laws 2003, c. 103, § 1, eff. Nov. 1, 2003. 

     

    §63-1-111.1. Repealed by Laws 2004, c. 29, § 1. 

    §63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program - Childhood Lead Poisoning Prevention Advisory Council. 

    A. There is hereby established the Comprehensive Childhood Lead Poisoning Prevention Program to be administered by the State Department of Health. 

    B. The State Board of Health shall promulgate rules for: 

    1. Lead toxicity screening of children ages six (6) months to seventy-two (72) months; 

    2. The performance of verbal risk assessments on children ages six (6) months to seventy-two (72) months; 

    3. The performance of blood lead tests when screening eligible children for lead poisoning, provided that screening and testing for Medicaid-eligible children shall be conducted in accordance with existing federal law; 

    4. Setting standards for any developmental assessments for a child identified as being lead poisoned; 

    5. Identifying as statewide screening requirements the minimum laboratory tests or analysis for childhood lead poisoning to be performed by medical providers for particular age or population groups; 

    6. The determination of risk for each child tested; 

    7. Detailing the diagnosis, treatment and follow-up services needed pursuant to the provisions of this act; 

    8. Providing for health education and counseling related to childhood lead poisoning to parents and children; and 

    9. Assessments and lead hazard control as part of the treatment and follow-up for a child identified as being lead poisoned. 

    C. To assist the State Board of Health in establishing criteria, standards and rules necessary to effectuate the provisions of this section, there is hereby created the Childhood Lead Poisoning Prevention Advisory Council. The Council shall consist of fifteen (15) members to be appointed as follows: 

    1. Eleven members shall be appointed by the State Commissioner of Health as follows: a representative of a local housing authority, a representative of a housing industry organization, a local housing code official, a representative of a local housing project, an environmental professional, a public health nurse, a representative of the Oklahoma Chapter of the American Academy of Pediatrics, a representative of the State Medicaid Program, a clinical laboratory director, and two parents; and 

    2. The following four ex officio members or their designees: the State Commissioner of Health, the Executive Director of the Department of Environmental Quality, the Director of the Oklahoma Commission on Children and Youth, and the Director of the Oklahoma Housing Finance Authority. 

    The terms of office of the appointed members shall be three (3) years. Members shall serve at the pleasure of the appointing authority. The Council shall recommend to the Board rules for the Comprehensive Childhood Lead Poisoning Prevention Program. The Council is authorized to utilize the conference rooms of the State Department of Health and to obtain administrative assistance from the Department. 

    Added by Laws 1994, c. 158, § 1, eff. Sept. 1, 1994. 

     

    §63-1-114.2. Dental Health Service. 

    A. The Dental Health Service is hereby created within the State Department of Health. 

    B. The Dental Health Service shall: 

    1. Plan, direct and coordinate all dental public health programs with local, state, and national health programs; 

    2. Advise the Department on matters involving oral health; and 

    3. Plan, implement, and evaluate all oral health programs within the Department. 

    C. The director of the Dental Health Service shall be an experienced public health dentist licensed to practice under the State Dental Act of Oklahoma. 

    Added by Laws 2007, c. 122, § 1, eff. Nov. 1, 2007. 

     

    §63-1-115. Short title. 

    This act shall be known and may be cited as the "Oklahoma Health Care Information System Act". 

    Added by Laws 1992, c. 347, § 1, eff. Sept. 1, 1992. 

     

    §63-1-116. Definitions. 

    When used in the Oklahoma Health Care Information System Act: 

    1. "Board" means the State Board of Health; 

    2. "Commissioner" means the State Commissioner of Health; 

    3. "Department" means the State Department of Health; 

    4. "Health care providers" means a hospital or related institution licensed pursuant to Section 1-702 of this title, nursing facilities licensed pursuant to Section 1-1903 of this title, physicians as specified in paragraphs 1 through 7 of subsection A of Section 725.2 of Title 59 of the Oklahoma Statutes, physical therapists, physician assistants, pharmacists, nurses and home health care providers licensed pursuant to the laws of this state; 

    5. "Third-party payor" means any entity, other than a purchaser, which is responsible for payment either to the purchaser or the health care provider for health care services rendered by the health care provider; 

    6. "Public-supported provider" means any public or private entity supported in whole or in part by federal or state funds, or any health care provider contracting with the state for providing health care services including, but not limited to, Medicaid; 

    7. "Identifying information" means a program identifying number assigned for purposes of statistical and data analysis, which protects and maintains patient and physician anonymity. Identifying information shall remain confidential as provided in Section 1-120 of this title; 

    8. "Information providers" means and includes health care providers, third-party payors or public-supported providers required to report or submit information to the Division of Health Care Information pursuant to the Oklahoma Health Care Information System Act; 

    9. "Division" means the Division of Health Care Information; and 

    10. "Health care information system" means the system for receipt, collection, analysis, evaluation, processing, utilization and dissemination of health care data established and maintained by the Division of Health Care Information pursuant to the Oklahoma Health Care Information System Act. 

    Added by Laws 1992, c. 347, § 2, eff. Sept. 1, 1992. Amended by Laws 1993, c. 332, § 15; Laws 1994, c. 350, § 1, eff. Sept. 1, 1994; Laws 1998, c. 389, § 3, eff. July 1, 1998; Laws 2000, c. 52, § 5, emerg. eff. April 14, 2000. 

     

    §63-1-117. Legislative findings - Intent. 

    A. As a result of rising health care costs and concerns expressed by health care providers, health care consumers, third-party payors and the general public, and as a result of public health information showing that Oklahoma has a higher death rate than the national average, the Oklahoma Legislature finds that there is an urgent need to establish and maintain, for the purposes of accurately assessing the health of the public, health care planning and cost containment, an information base for the State of Oklahoma that will facilitate ongoing analysis and evaluation of patterns and trends in the health status of Oklahomans, the utilization and costs of health care services, and the capability of the various components of the health care industry to provide needed services. 

    B. The Oklahoma Health Care Information System shall be responsible for the development and operation of a method for collecting, processing and disseminating health care data including, but not limited to, quality, expenditure and utilization data. It is the intent of the Legislature that a uniform set of data be periodically and routinely compiled that will make possible the ongoing analysis, comparison and evaluation of trends in the quality and delivery of health care services in this state for the purpose of effective health care planning by public and private entities, cost containment, health facility development, and improving access to and quality of care. 

    Added by Laws 1992, c. 347, § 3, eff. Sept. 1, 1992. Amended by Laws 1998, c. 389, § 4, eff. July 1, 1998; Laws 2000, c. 332, § 1, eff. July 1, 2000. 

     

    §63-1-118. Division of Health Care Information - Powers and duties. 

    A. The Division of Health Care Information is hereby created within the State Department of Health. 

    B. The Division shall: 

    1. Collect from providers health care information for which the Division has established a defined purpose and a demonstrated utility that is consistent with the intent of the provisions of Section 1-117 et seq. of this title; 

    2. Establish and maintain a uniform health care information system; 

    3. Analyze health care data submitted including, but not limited to, geographic mapping of disease entities; 

    4. Provide for dissemination of health care data to users and consumers; 

    5. Provide for the training and education of information providers regarding processing and maintenance and methods of reporting required information; 

    6. Be authorized to access all state agency health-related data sets and shall develop mechanisms for the receipt of health care data to the Division or its agent; provided, however, all provisions for confidentiality shall remain in place; 

    7. Provide for the exchange of information with other agencies or political subdivisions of this state, the federal government or other states, or agencies thereof. The Division shall collaborate with county health departments, including the Oklahoma City-County Health Department and the Tulsa City-County Health Department, in developing city-county based health data sets; 

    8. Contract with other public or private entities for the purpose of collecting, processing or disseminating health care data; and 

    9. Build and maintain the data base. 

    C. 1. The State Board of Health shall adopt rules governing the acquisition, compilation and dissemination of all data collected pursuant to the Oklahoma Health Care Information System Act. 

    2. The rules shall include, but not be limited to: 

    a.  adequate measures to provide system security for all data and information acquired pursuant to the Oklahoma Health Care Information System Act, 

    b.  adequate procedures to ensure confidentiality of patient records, 

    c.&n

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