US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

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.

§63-1-106.  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.

§63-1-115.  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. charges for users for the cost of data preparation for information that is beyond the routine data disseminated by the office, and

d. time limits for the submission of data by information providers.

D.  The Division shall adopt standard nationally recognized coding systems to ensure quality in receiving and processing data.

E.  The Division shall implement mechanisms to encrypt all personal identifiers contained in any health care data upon transmission to the State Department of Health, and all such data shall remain encrypted while maintained in the Department's database or while used by a contractor.

F.  The Division may contract with an organization for the purpose of data analysis.  Any contract or renewal thereof shall be based on the need for, and the feasibility, cost and performance of, services provided by the organization.  The Division shall require any data analyzer at a minimum to:

1.  Analyze the information;

2.  Prepare policy-related and other analytical reports as determined necessary for purposes of this act; and

3.  Protect the encryption and confidentiality of the data.

G.  The Board shall have the authority to set fees and charges with regard to the collection and compilation of data requested for special reports, and for the dissemination of data.  These funds shall be deposited in the Oklahoma Health Care Information System Revolving Fund account.

H.  The Division may accept grants or charitable contributions for use in carrying out the functions set forth in the Oklahoma Health Care Information System Act from any source.  These funds shall be deposited in the Oklahoma Health Care Information System Revolving Fund.

Added by Laws 1992, c. 347, § 4, eff. Sept. 1, 1992.  Amended by Laws 1993, c. 332, § 16; Laws 1998, c. 389, § 5, eff. July 1, 1998; Laws 2000, c. 332, § 2, eff. July 1, 2000; Laws 2001, c. 353, § 1, eff. Nov. 1, 2001.

§63-1-119.  Collection of health care data.

A.  1.  The Division of Health Care Information within the State Department of Health shall, with the advice of the Health Care Information Advisory Committee and in accordance with the rules of the State Board of Health, collect health care information from information providers.

2.  The information to be collected about information providers may include, but shall not be limited to:

a. financial information including, but not limited to, consumption of resources to provide services, reimbursement, costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges, units of service, wage and salary data,

b. service information including, but not limited to, occupancy, capacity, and special and ancillary services,

c. physician profiles in the aggregate by clinical specialties and nursing services,

d. discharge data including, but not limited to, completed discharge data sets or comparable information for each patient discharged from the facility after the effective date of this act, and

e. ambulatory care data including, but not limited to, provider-specific and encounter data.

3.  The Division shall implement a demonstration project for the voluntary submission of ambulatory care data, including, but not limited to, submissions from federally qualified health centers, migrant health programs and rural health clinics as defined in Title 3 of the Federal Public Health Service Act (PL 104-299), and the Oklahoma Health Care Authority.  The Division shall complete the demonstration project by January 1, 2002.

4.  The Division shall establish a phase-in schedule for the collection of health care data.  The phase-in schedule shall provide that prior to January 1, 1994, only data currently collected shall be required to be submitted to the Division.  Thereafter, in the collection of health care data, the Division shall whenever possible utilize existing health data resources and avoid duplication in the collection of health care data.

5.  Except as provided by Section 1-120 of this title and as otherwise authorized by the provisions of the Oklahoma Health Care Information System Act, the provisions of the Oklahoma Health Care Information System Act shall not be construed to lessen or reduce the responsibility of the information provider with regard to:

a. the accuracy of the data or information submitted,

b. liability for release of the data or information to the Division, data processor or as otherwise authorized by this section, or

c. the preservation of confidentiality of such data or information until submitted to the Division.

B.  Upon the request of the State Department of Health, every state agency, board or commission shall provide the Division of Health Care Information with the health care data and other health care information requested at no charge to the Department or the Division.  Except as otherwise provided by the Health Care Information System Act for the purpose of statistical and similar reports, information which is required by state or federal law to be confidential shall not be transferred to any entity by the Division unless a separate written agreement for such transfer has been executed with the state agency, board or commission providing the information to the Division.

Added by Laws 1992, c. 347, § 5, eff. Sept. 1, 1992.  Amended by Laws 1993, c. 332, § 17; Laws 1994, c. 350, § 2, eff. Sept. 1, 1994; Laws 1996, c. 221, § 5, eff. Nov. 1, 1996; Laws 1998, c. 389, § 6, eff. July 1, 1998; Laws 2000, c. 332, § 3, eff. July 1, 2000.

§63-1-120.  Confidentiality of data - Disclosure upon court order - Immunity from liability.

A.  Except as otherwise provided by Section 1-119 of this title, the individual forms, computer tapes, or other forms of data collected by and furnished to the Division of Health Care Information or to a data processor pursuant to the Oklahoma Health Care Information System Act shall be confidential and shall not be public records as defined in the Open Records Act.

B.  After approval by the State Department of Health, the compilations prepared for release or dissemination from the data collected, except for a report prepared at the request of an individual data provider containing information concerning only its transactions, shall be public records.  The Division shall establish a Health Care Information Advisory Committee as provided in Section 1-122 of this title, to assist with determinations related to data collection, and information to be released and disseminated to the public.

C.  The confidentiality of identifying information is to be protected and the pertinent statutes, rules and regulations of the State of Oklahoma and of the federal government relative to confidentiality shall apply.

D.  Identifying information shall not be disclosed, and shall not be used for any purpose except for the creation and maintenance of anonymous medical case histories for statistical reporting and data analysis.

E.  The Division or other state agency receiving information pursuant to the Oklahoma Health Care Information System Act shall be subject to the same confidentiality restrictions imposed by state or federal law as the public or private agency providing the information and is prohibited from taking any administrative, investigative or other action with respect to any individual on the basis of the identifying information.  The Division data analyzer or other state agency receiving information pursuant to the Oklahoma Health Care Information System Act is further prohibited from identifying, directly or indirectly, any individual in any report of scientific research or long-term evaluation, or otherwise disclosing identities in any manner.

F.  Except as otherwise authorized by the Oklahoma Health Care Information System Act, identifying information submitted to the Division which would directly or indirectly identify any person shall not be disclosed by the Division either voluntarily or in response to any legal process, unless directed to by a court of competent jurisdiction, granted after application showing good cause therefor with notice of the hearing to the Division.  In assessing good cause the court shall only grant such application if it seeks to challenge the statistical efficacy of a finding made by the Division or alleges a violation of confidentiality by the Division.  Such application shall then be granted only when the public interest and the need for disclosure outweighs the injury to the person, to the physician-patient relationship, and to the treatment services.  Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.

G.  Any person who submits or receives data as required or authorized by the Oklahoma Health Care Information System Act shall be immune from liability in any civil action for any action taken as required by the provisions of the Oklahoma Health Care Information System Act.  This immunity is in addition to any other immunity for the same or similar acts to which the person is otherwise entitled.

H.  Any person who violates the confidentiality provisions of this section shall be punishable by a fine of Five Thousand Dollars ($5,000.00).

Added by Laws 1992, c. 347, § 6, eff. Sept. 1, 1992.  Amended by Laws 1993, c. 332, § 18; Laws 1994, c. 350, § 3, eff. Sept. 1, 1994; Laws 1998, c. 389, § 7, eff. July 1, 1998; Laws 2001, c. 353, § 2, eff. Nov. 1, 2001.

§63-1-121.  Reports.

The State Department of Health shall issue reports no less than annually which may include recommendations to the Oklahoma Legislature for any change in the statutes needed to further the purposes of the Oklahoma Health Care Information System Act.  The initial report shall be submitted by January 1, 1993.  The initial report shall include but not be limited to an implementation schedule for the development and completion of the health care information system and the status of compliance with the health care information and data submission requirements of the Division.  The system shall be fully functional and operative by January 1, 1995.  Subsequent reports may include plans for expanding the uniform data base to other medical providers including, but not limited to, all licensed health care professionals or entities providing health care services.

Added by Laws 1992, c. 347, § 7, eff. Sept. 1, 1992.  Amended by Laws 1993, c. 332, § 19; Laws 1998, c. 389, § 8, eff. July 1, 1998.

§63-1-122.  Health Care Information Advisory Committee.

A.  The State Commissioner of Health shall appoint a Health Care Information Advisory Committee to advise and assist the Division of Health Care Information with determinations related to data elements to be collected, reporting requirements, and the release and dissemination of information to the public.

B.  The membership of the Health Care Information Advisory Committee shall include, but not be limited to, the Administrator of the Oklahoma Health Care Authority, or a designee and the presidents of the following organizations, or their designees:

1.  The Oklahoma State Chamber of Commerce;

2.  The Oklahoma Hospital Association;

3.  The Oklahoma State Medical Association;

4.  The Oklahoma Osteopathic Association;

5.  The Oklahoma AFL-CIO;

6.  A statewide health care consumer coalition;

7.  The Association of Oklahoma Life Insurance Companies;

8.  The Oklahoma Health Care Association;

9.  The Oklahoma Pharmaceutical Association;

10.  The Oklahoma Dental Association;

11.  The Oklahoma State Chiropractic Association;

12.  The Oklahoma Optometric Association;

13.  The Oklahoma Physical Therapy Association;

14.  The Oklahoma Podiatric Medical Association;

15.  The Oklahoma Psychological Association; and

16.  The Oklahoma Association of Home Care.

C.  For voting purposes, a majority of the members in attendance at a meeting shall be able to take action on behalf of the Advisory Committee.

D.  The Division, with the approval of the Commissioner, may appoint health care data technical advisory committees as needed and appropriate to assist in the development of implementation methods and in the interpretation and evaluation of the data received pursuant to the Oklahoma Health Care Information System Act.

The Health Care Information Advisory Committee and any technical advisory committees established pursuant to this section shall provide information and assistance to any legislative committee or task force requesting such information or assistance.

Added by Laws 1992, c. 347, § 8, eff. Sept. 1, 1992.  Amended by Laws 1993, c. 332, § 20; Laws 1994, c. 350, § 4, eff. Sept. 1, 1994; Laws 1997, c. 238, § 4, eff. Nov. 1, 1997; Laws 1998, c. 389, § 9, eff. July 1, 1998; Laws 2001, c. 353, § 3, eff. Nov. 1, 2001.

§63-1-123.  Repealed by Laws 1994, c. 283, § 23, eff. Sept. 1, 1994.

§63-1-123.1.  Transfer of powers, duties, etc. from Oklahoma Health Care Authority to State Department of Health.

Effective July 1, 1998, all powers, duties, functions, personnel and responsibilities vested in the Oklahoma Health Care Authority for operation of the Oklahoma Health Care Information Systems Act shall be transferred to the State Department of Health.

Added by Laws 1998, c. 389, § 10, eff. July 1, 1998.

§631201.  County board of health  Membership.

There is hereby created in each county of the state a county board of health, which shall consist of five (5) members, who shall serve without compensation, and who shall be residents of the county, appointed as follows:

(a) The State Commissioner of Health shall appoint one member, whose term shall expire on June 30, 1964, and each four (4) years thereafter.

(b) The State Commissioner of Health shall appoint another member, whose term shall expire on June 30, 1965, and each four (4) years thereafter.

(c) The judge of the district court shall appoint one member, who shall be the holder of a school administrator's certificate issued by the State Board of Education, and whose term of office shall expire on June 30, 1966, and each four (4) years thereafter.

(d) The Board of County Commissioners shall appoint one member, who shall be a doctor of medicine, doctor of osteopathy, or, if no doctor of medicine or doctor of osteopathy is available, the board of county commissioners may appoint a dentist, optometrist, or registered nurse.  The term of office of such member shall expire on June 30, 1967, and each four (4) years thereafter.

(e) The board of county commissioners shall appoint another member who may be a member of the board of county commissioners, and who shall serve at the pleasure of the board of county commissioners.

Laws 1963, c. 325, art. 2, § 201.  

§631202.  County board of health  Powers and Duties.

The county board of health shall have the following powers and duties:

(a) organize by electing a chairman and other necessary officers annually; and meet at such times, in such manner and upon such notice as the board shall prescribe.  Provided, that the board shall meet at least two times each year.

(b) establish and maintain a county department of health, if the same, in the opinion of the board, will be to the best interest of the county.

(c) enter into agreements with county boards of health of other counties, and with the governing boards or boards of health of cities, towns and school districts lying wholly or partly in the county, for the establishment and operation of district or cooperative departments of health.

(d) prepare and submit to the county excise board, annually, an estimate of its needs, and needs for the operation of the county department of health, if any, or for its proportionate part of the costs of operation of a district or cooperative department of health, if it has entered into an agreement therefor.

(e) advise with the State Commissioner of Health on matters pertaining to public health in the county, and as to the appointment of the county superintendent of health or the medical director of the county, district or cooperative department of health.

(f) adopt regulations, which shall be subject to the approval of the State Commissioner of Health, not inconsistent with law and rules and regulations of the State Board of Health, to protect the public health in the county in emergencies.

Laws 1963, c. 325, art. 2, § 202.  

§631203.  County superintendent of health  Appointment  Compensation.

(a) There is hereby created the office of county superintendent of health for each county that does not maintain a county department of health and that does not participate in the maintenance of a district department of health.

(b) The county superintendent of health shall be a regularly practicing physician, of good standing and of good moral character, and shall be a resident of the county for which he is appointed.  He shall be appointed by, and shall serve at the pleasure of, the State Commissioner of Health.  He shall be compensated for his services at a rate to be fixed by the board of county commissioners, subject to the following limitations: In counties having a population of not more than ten thousand (10,000), as shown by the last preceding Federal Decennial Census, he shall be paid not less than Two Hundred Dollars ($200.00) per annum; in counties having such a population of more than ten thousand (10,000) and not more than twenty thousand (20,000), he shall be paid not less than Three Hundred Dollars ($300.00) per annum; in counties having such a population of more than twenty thousand (20,000) and not more than forty thousand (40,000), he shall be paid not less than Five Hundred Dollars ($500.00) per annum; in counties having such a population of more than forty thousand (40,000) and not more than fifty thousand (50,000), he shall be paid not less than Seven Hundred Dollars ($700.00) per annum; and in counties having such a population in excess of fifty thousand (50,000), he shall be paid not less than One Thousand Five Hundred Dollars ($1,500.00) per annum.

Laws 1963, c. 325, art. 2, § 203.  

§631204.  County superintendent of health  Powers and Duties.

The county superintendent of health, under the supervision of the State Commissioner of Health, shall have the following powers and duties: Abolish nuisance that are inimical to public health; isolate persons infected with dangerous, communicable infectious or contagious diseases, and take appropriate action to control or suppress, or to prevent the occurrence or spread of such diseases; enforce emergency health regulations the County Board of Health; enforce the provisions of this Code, and rules and regulations of the state board of health, that are applicable to his county; and perform such other duties and functions as may be required of him by the Commissioner.

Laws 1963, c. 325, art. 2, § 204.  

§631205.  County, district and cooperative departments of health  Medical director  contracts for public health services.

(a)  The county board of health may, with the approval of the State Commissioner of Health, establish and maintain a county department of health, the maintenance and operation of which is hereby declared to be a function of county government for which appropriations may be made from the general fund of the county and the proceeds of a levy made in accordance with Section 9a, Article X, Oklahoma Constitution.

(b)  The county boards of health of two or more counties may, with the approval of the Commissioner, form a health district composed of such counties for public health purposes.  The health district shall have a district department of health which shall be operated, in such counties, in the same manner as county departments of health.

(c)  Cooperative departments of health may be formed by agreement between the county board of health of any county maintaining a county department of health, or the county boards of health of counties in a health district, and the governing boards of cities, towns, and school districts lying wholly or partly in such county or health district.  Any such agreement shall stipulate what health services will be provided to the cities, towns and school districts, which may be all or any of the services that may be provided by a county department of health, and shall also fix the amounts of funds to be paid by the cities, towns, and school districts for the services.  All agreements made under the provisions of this section shall be subject to the approval of the State Commissioner of Health.

(d)  A county department of health, a district department of health and a cooperative department of health shall be under the direction of a medical director, who shall perform his duties under the supervision of the Commissioner, and who shall, in addition to his other duties, perform the same powers, duties and functions in the county, in the health district, or in the cooperative department, as is provided by law for county superintendents of health.  The Commissioner shall appoint and fix the duties and compensation of the medical director, who shall be a physician licensed under the laws of this state, and shall employ and fix the duties and compensation of such other personnel as he deems necessary for the operation of the county department of health, the district department of health, or the cooperative department of health, all such personnel to be employed under provisions of the Oklahoma Personnel Act and paid by state warrant.  Reimbursements to the State Department of Health shall be paid by the county from the Section 9a of Article X of the Oklahoma Constitution, mill levy revenues, payable for the benefit of such county health department, district department of health, or the cooperative department of health and payable within thirty (30) days of receipt of an invoice therefor.  Provided that, in any such local health department operating under the direction of a medical director who serves less than full time, the Commissioner may delegate nonmedical administrative duties to another employee of the county, district, or cooperative health department.

(e)  The board of health of any county may contract with the department of health of any neighboring county or the State Department of Health to provide the county any or all public health services.  The county receiving the services shall pay the department rendering the services according to a schedule of fees and payments mutually agreed upon by the State Board of Health and the county or counties affected.  Such schedule of fees and payments shall be equal to the cost of the services provided.

Laws 1971, c. 119, § 2205.  Amended by Laws 1990, c. 265, § 36, operative July 1, 1990.

  

§63-1-206.  Functions of health departments.

A.  A county department of health, a district department of health, a cooperative department of health, and a city-county department of health shall, in their respective jurisdictions:

1.  Maintain programs for disease prevention and control, health education, guidance, maternal and child health, including school health services, health in the working environment, nutrition and other matters affecting the public health;

2.  Provide preventive services to the chronically ill and aged;

3.  Maintain vital records and statistics;

4.  Assist the State Commissioner of Health in the performance of official duties, and perform such other acts as may be required by the Commissioner; and

5.  Enter into written agreements with the governing body of any municipality or county for the performance of services within the respective jurisdictions and authorities that are necessary and proper pursuant to the authority granted to municipalities and counties by the Constitution and the laws of this state.

B.  A county department of health, a district department of health, a cooperative department of health, and a city-county department of health may maintain programs for mental health and day care for children.

C.  Nothing contained herein relating to pollution shall be in conflict with the existing jurisdiction of any other state environmental agency.

D.  Except as otherwise provided by law, responsibility for the licensing and inspection of nursing facilities and specialized facilities, as defined in the Nursing Home Care Act and for the enforcement of state health and safety standards applicable to such facilities, shall be reserved to the State Department of Health and shall be exercised pursuant to the provisions of the Nursing Home Care Act.

E.  Except as otherwise provided by law, responsibility for the licensing and inspection of any establishment where food or drink is offered for sale or sold, in accordance with the provisions of Section 1-1118 of this title, and for the enforcement of state health and safety standards applicable to such establishments, shall be reserved to the State Department of Health.

Added by Laws 1963, c. 325, art. 2, § 206, operative July 1, 1963.  Amended by Laws 1967, c. 260, § 2, emerg. eff. May 8, 1967; Laws 1993, c. 145, § 303, eff. July 1, 1993; Laws 1995, c. 230, § 1, eff. July 1, 1995; Laws 1998, c. 314, § 9, eff. July 1, 1998.

§63-1-206.1.  Nonphysician services - Fees - Agreements to provide services - Disposition of funds.

A.  County, district, cooperative and city-county health departments, with the approval of the State Commissioner of Health, may collect fees for health services such as nursing, chronic disease screening, immunizations, maternal and child health services, genetic services, physical therapy, occupational therapy, dietetic, social work and home health aid given to patients in their homes, for mental health and guidance services and for dental care rendered in facilities operated by said departments, and may collect fees for such services as shall be authorized by the State Board of Health.  Such fees shall be collected from persons financially able to pay for such services, and from insurers, governmental agencies or other persons obligated to reimburse for such services, and shall be collected in accordance with a schedule of fees approved by the State Commissioner of Health.

B.  Fees for environmental services may be collected with the approval of the Executive Director of the Department of Environmental Quality as authorized by the Environmental Quality Board.

C.  County, district, cooperative, and city-county health departments may enter into agreements with individuals and with public and private agencies to provide health services enumerated in subsection (a) of this section to said health departments and also to supply these services to organizations or agencies.  Such agreements shall be subject to approval of the State Commissioner of Health, and shall specify services to be performed and amounts to be paid.

D.  Money received by a county, district, or city-county health department pursuant to a contractual arrangement, as fees for services, or from some other source, shall be deposited with the county treasurer in the county where earned as provided for in Section 681 of Title 19 of the Oklahoma Statutes.

E.  With the approval of the State Commissioner of Health, such funds shall be transferred, in accordance with provisions of Sections 683 and 684 of Title 19 of the Oklahoma Statutes, and added to specified items of the Health Department's appropriations, and no further action or appropriation by the county excise board shall be required to make such available for expenditure.  The county board of health, the city-county board of health, or a person designated to act on behalf of either board is authorized to effect transfer of these funds, and to specify the item or items of appropriation to which they are to be added, in accordance with the State Health Commissioner's approval.

Added by Laws 1968, c. 266, § 1, emerg. eff. April 29, 1968.  Amended by Laws 1979, c. 117, § 1; Laws 1984, c. 162, § 1, emerg. eff. May 1, 1984; Laws 1993, c. 145, § 304, eff. July 1, 1993.

§631207.  Cooperative  departments of health  Agreements for.

Cooperative departments of health may be formed by agreement between the county board of health of any county maintaining a county  department of health, or the county boards of health of counties in a health district, and the governing boards of cities, towns, and school districts lying wholly or partly in such county or health district.  Any such agreement shall stipulate what health services will be provided to the cities, towns, and school districts, which may be all or any of the services that may be provided by a county  department of health, and shall also fix the amount of funds to be paid by the cities, towns, and school districts for the services. All agreements made under the provisions of this section shall be subject to the approval of the State Commissioner of Health.

Laws 1963, c. 325, art. 2, § 207.  

§631208.  Funds for operation of health departments.

(a) It shall be the duty of the county excise board of each county if funds are available to make necessary appropriations to provide sufficient funds to pay the amounts due under any agreement entered into by the county board of health, or by any city, town, or school district of the county, for or in connection with a district department of health or a cooperative department of health; and such funds shall be accounted for, obligated, expended and disbursed as directed by the State Commissioner of Health, who may require any or all such funds to be combined with others to be used for similar or related purposes.

(b) The Commissioner may enter into agreements with county boards of health, and with citycounty boards of health, whereby state funds will be used in conjunction with county funds for the operation of county, district, cooperative and citycounty departments of health. The Commissioner may pay such funds on a reimbursement or percentage of budgetary expenditures basis, or other basis; and if directed to do so by the Commissioner, the county clerk shall add the amount of any such funds to specified items of appropriation, and no further action or appropriation by the county excise board shall be required to make such funds available for expenditure.

Laws 1963, c. 325, art. 2, § 208; Laws 1967, c. 260, § 3, emerg. eff. May 8, 1967.  

§631208.1.  Regional guidance centers and services.

(a) The State Board of Health may establish regional guidance centers for regions designated by the Board, such regions to be selected by the Board on the basis of area, geographical location, population, and other factors deemed essential to indicate a need for guidance services.  The center for a region shall be in a county having a county department of health or participating in a cooperative, district, or citycounty department of health, and shall be under the administrative direction of the medical director of the county, cooperative, district, or citycounty department of health, and under the supervision of the State Commissioner of Health.  The county board of health or the citycounty board of health of a county served by a regional guidance center and the State Commissioner of Health may enter into agreements for payment of operating expenses of the center, and the county board of health, or citycounty board of health, may include an amount for its part of the costs in its budget or annual estimate of needs.

(b) The State Board of Health shall adopt rules, regulations, and standards for the operation of regional guidance centers, and to carry out the purposes of this section; and may formulate a schedule of fees to be charged for guidance services furnished to persons who are financially able to pay for the services.  The State Board of Health may enter into agreements with individuals and with public or private agencies for services to be furnished to a guidance center and may also enter into agreements to furnish guidance services to public or private agencies.  All fees collected shall be remitted to the State Commissioner of Health, who shall deposit the same in a special account in the State Treasury.  Such fees shall be accounted for by region of source and shall be used by the State Commissioner of Health to provide guidance services in the regions from which the fees are derived.  County funds payable under agreements entered into under provisions of the preceding paragraph shall be accounted for, obligated, expended and disbursed as directed by the State Commissioner of Health.  Provided, however, that by agreement between a county or citycounty board of health and the Commissioner of Health, such county funds may be remitted to the State Commissioner of health who shall deposit such funds in the same special account in the State Treasury created for fees collected and shall be disbursed as is provided for fees.

(c) Guidance services furnished in a region under the provisions of this section shall, subject to existing laws, include evaluation, counseling, and referral for treatment, when indicated, of individuals with emotional or behavioral problems, and other persons in need of guidance services; consultant services to law enforcement agencies, schools, courts, other state or local agencies, and other persons or agencies concerned with persons or families with mental health and/or child development problems; and other guidance services that are now or may be in the future authorized to be performed by the State Department of Health or local departments of health.

Laws 1963, c. 370, § 10; Laws 1967, c. 260, § 4, emerg. eff. May 8, 1967.  

§63-1-209.  Cities and towns - Health authorities - Ordinances.

A.  1.  Except as may be otherwise provided by city charter, the governing board of each city or incorporated town shall serve, ex officio, as the board of health for such city or town, and shall appoint, and fix the duties and compensation of, a health officer and other personnel to enforce the ordinances of such city or town relating to public health.

2.  Except as otherwise provided by this subsection, the governing board may adopt such ordinances and rules as it deems necessary for the protection of the public health; provided such ordinances and rules are not inconsistent with state laws or rules of the State Board of Health.  The governing board shall enforce such laws and rules as may be required by the State Commissioner of Health and may, by agreement with the medical director of the county or district department of health, delegate to such department the authority to enforce ordinances of the city or town relating to public health.  Except as otherwise provided by law, responsibility for licensing, regulation and inspection of nursing facilities and specialized facilities, as defined in the Nursing Home Care Act and for enforcement of state health and safety standards applicable to such facilities, shall be reserved to the State Department of Health and shall be exercised pursuant to the provisions of the Nursing Home Care Act.

3.  Except as otherwise provided by law, responsibility for the licensing and inspection of any establishment where food or drink is offered for sale or sold, in accordance with the provisions of Section 1-1118 of this title, and for the enforcement of state health and safety standards applicable to such establishments, shall be reserved to the State Department of Health.

B.  The governing board of each city or incorporated town may adopt and enforce such ordinances as it deems necessary for the protection of the environment, provided such ordinances are not inconsistent with state laws or rules of the Environmental Quality Board.  The governing board may, by agreement with the Department of Environmental Quality, delegate to the local representative of the Department of Environmental Quality the authority to investigate ordinances of the city or town relating to the environment and submit such investigative results to the clerk of the city or town.

Added by Laws 1963, c. 325, art. 2, § 209, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 305, eff. July 1, 1993; Laws 1995, c. 230, § 2, eff. July 1, 1995; Laws 1998, c. 314, § 10, eff. July 1, 1998.

§631209.1.  County boards of health as sponsoring agency for National Health Service Corps assignees.

There is hereby created authority for county boards of health as established under Title 63, Chapter 1, Public Health Code, Section 1202, to be the sponsoring agency for our National Health Service Corps assignees as established by Public Law 91623, known as the Emergency Health Personnel Act of 1970.  This authority with the  concurrence of the Commissioner of Health shall extend to include the sponsoring agency establishing rules of collection of fees for such personnel  and disbursement of the fees in accordance with agreements reached by the U.S.  Public Health Service in the assignment of Corps personnel under the sponsorship of the county health board.

Laws 1972, c. 184, § 13, emerg. eff. April 7, 1972.  

§631210.  Citycounty board of health in certain counties  Membership.

There is hereby created in any county of the State of Oklahoma with a population of more than two hundred twentyfive thousand (225,000), according to the latest Federal Decennial Census, and containing within its boundaries a city with a population of more than one hundred fifty thousand (150,000), according to the latest Federal Decennial Census, a citycounty board of health composed of nine (9) members.  The membership of the Board shall be composed of five members appointed by the city council of such city, or city commission, whichever applies, and four members appointed by the board of county commissioners of such county.  Each member shall serve a term of six (6) years, except, that of the members initially appointed by the city council, or city commission, whichever applies, one member initially appointed shall serve a term of two (2) years, one member initially appointed shall serve a term of three (3) years, one member initially appointed shall serve a term of four (4) years, one member initially appointed shall serve a term of five (5) years, and one member initially appointed shall serve a term of six (6) years; provided, however, that in any such city having a city board of health created under its charter provisions, the members of such city board of health and the tenure of the city board of health members of the citycounty board of health shall be coterminous with the city board of Health.  Of the members initially appointed by the board of county commissioners, one member initially appointed shall serve a term of two (2) years, one member initially appointed shall serve a term of three (3) years, one member initially appointed shall serve a term of five (5) years, and one member initially appointed shall serve a term of six (6) years.  The appointing authority shall appoint new members as the terms of office of its initial appointees expire. Wherever a citycounty board of health is now in existence, the current board members shall be retained, until the termination of their present appointment, by the appointing authorities.

Laws 1963, c. 325, art. 2, § 210.  

§631211.  Organization  Meetings  Compensation.

Such citycounty board of health shall organize by electing a chairman and other necessary officers and shall meet at such times, in such manner, and upon such notice as the board shall prescribe; provided, that at least one meeting shall be held annually.  The members of such board shall serve without compensation.

Laws 1963, c. 325, art. 2, § 211.  

§631212.  Powers and duties of city  county board of health.

It shall be the duty of the citycounty board of health to recommend ordinances, rules and regulations to the governing body of any city or town within its jurisdiction and to the board of county commissioners of the county within which such board exists in matters pertaining to the preservation and promotion of public health, and to assist in the formulation and adoption of uniform health ordinances, rules and regulations within the jurisdiction of such board.  Such board, in addition to the powers and duties set forth in Sections 210 to 218 of this article, shall have all the powers, rights and duties which are now or may hereafter be conferred by the statutes of this state upon city or county boards of health, except the making of rules and regulations.

Laws 1963, c. 325, art. 2, § 212.  

§631212.1.  Peace officer certificates for certain employees.

Any employee of a citycounty health department who is serving as a peace officer shall obtain a certificate as provided in Section 3311 of Title 70 of the Oklahoma Statutes.

Added by Laws 1987, c. 206, § 38, operative July 1, 1987; Laws 1987, c. 236, § 24, emerg. eff. July 20, 1987.  

§631213.  Board of county commissioners  Rules and Regulations  Fees.

(a) The Board of County Commissioners in any county that qualifies under Section 210 of this article is hereby authorized and empowered to make and enforce all reasonable rules and regulations with regard to the preservation and promotion of public health; provided, that any such rules or regulations shall have first been recommended or approved by the citycounty board of health, and further provided that such rules and regulations shall not be inconsistent with state laws or rules and regulations of the State Board of Health.  Such rules and regulations shall be operative throughout the county, except within the limits of incorporated cities and towns.

(b) The Board of County Commissioners is also authorized to provide for the levying and collection of fees for services performed by such citycounty health department outside the boundaries of incorporated cities and towns within such county.  Any person who violates any rule or regulation made by such board of county commissioners under the authority of this section shall be guilty of a misdemeanor.

Laws 1963, c. 325, art. 2, § 213.  

§631214.  Citycounty health departments  Agreement for creation  Medical director and other employees.

A.  The board of county commissioners of any county and the governing body of any city which qualify under Section 1-210 of this title shall enter into an agreement providing for the creation of a citycounty health department, and such contracting bodies shall by agreement provide for the method of operation thereof, the selection of a director of such department, and the proportionate share of personnel and/or money that each shall contribute for the operation and support of such department.

B.  The qualifications of the director shall be determined by the citycounty board of health, with the advice of the State Commissioner of Health, and subject to approval by the governing body of the city and the board of county commissioners of the county.  The director, with the approval of the citycounty board of health, the board of county commissioners of the county, and the governing body of the city, or the city manager in cities having a managerial form of government, shall appoint other personnel of the department.

C.  The employees of a city-county health department shall possess minimum qualifications as set forth in a system of personnel administration delineating job specifications and a compensation plan adopted by the citycounty board of health, and approved by the State Commissioner of Health, the board of county commissioners and the governing body of the city.  By March 1, 1991, the city-county health department shall establish a personnel, merit and promotion system which shall be approved by the Commissioner of Public Health.  The employees shall also be eligible for membership in any life or health insurance plan of the county and the county retirement program, subject to the same conditions or restrictions that apply to county employees.  Any state employees officed or located at or assigned to a city-county health department shall be subject to the state system of personnel administration and shall be eligible for membership in the state employees insurance and retirement programs.

D.  Such citycounty health department shall, under the supervision of the director, enforce and administer all municipal and county ordinances, rules and regulations, and all state laws, and rules and regulations of the State Board of Health pertaining to public health matters in the jurisdiction where it is created, or in any area where it has jurisdiction to operate by agreement.

Amended by Laws 1990, c. 239, § 1, eff. Sept. 1, 1990.

§63-1-215.  Duties of director of city-county health department.

The director of the city-county health department shall direct and supervise all public health activities in the county, except in incorporated cities and towns which are not governed by the provisions of Sections 210 to 218 of this article, and which have not entered into any agreement for the operation of the health department of such city or town.  Such director shall administer and enforce all municipal and county ordinances and rules relating to public health matters, and he shall also administer state laws, and rules of the State Board of Health pertaining to public health, subject to administrative supervision of the State Commissioner of Health.  Any other powers, authority, duties or functions which are now or may hereafter be conferred by law on county or city superintendents of public health are hereby conferred on such director of the city-county health department.

Added by Laws 1963, c. 325, art. 2, § 215, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 306, eff. July 1, 1993; Laws 1995, c. 285, § 21, eff. July 1, 1995; Laws 1998, c. 314, § 7, eff. July 1, 1998.

§63-1-216.  Agreements with other municipalities, agencies and organizations.

The city-county board of health in any county wherein a city-county health department has been created as hereinbefore provided shall, subject to the approval of the board of county commissioners of the county and the governing body of the city which created and operates such city-county health department, have authority to enter into agreements with other counties, cities, towns, school districts, the State Health Department, the Department of Environmental Quality, or any state agency or institution, or philanthropic, voluntary or charitable organization, for the operation of the health department and the administering of health or environmental, as appropriate, services of such county, city, town, school district, agency or institution by such city-county health department, and may provide in the agreement for contribution by such participating body to the financial support of the city-county health department.

Added by Laws 1963, c. 325, art. 2, § 216, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 307, eff. July 1, 1993.

§631217.  Fees  Disposition.

All fees authorized by municipal or county ordinances, rules or regulations shall be collected as such ordinances, rules or regulations may provide and such fees shall become a part of the general revenue of the unit of government levying the same.

Laws 1963, c. 325, art. 2, § 217.  

§631218.  Annual budget.

The citycounty board of health, in cooperation with the Director of the citycounty health department, shall prepare an annual budget for the operation of the citycounty health department and submit the same, together with recommendations as to the respective contributions, to the board of county commissioners and to each city, town, school district or other agency or organization participating in the operation of such citycounty health department as hereinabove provided.  Such budget and recommendations shall act as a guide to such participants in providing for the operating and financing of such citycounty health department for the current or ensuing fiscal year.

Laws 1963, c. 325, art. 2, § 218.  

§631218.1.  Travel expenses  Reimbursement  Claims.

Upon direction of the director of a citycounty health department, with approval of the board of county commissioners of the county, employees of such citycounty health department may be reimbursed for use of their personally owned automobiles while performing their duties on official business for the Department at a rate not to exceed that allowed for mileage to state employees. Travel claims for reimbursement on a mileage basis shall be accompanied by a detailed statement showing an adequate basis for computing the miles of travel and the purpose for the travel, and may be paid from any funds available for that purpose.

Laws 1969, c. 146, § 1, emerg. eff. April 10, 1969; Laws 1974, c. 273, § 1, emerg. eff. May 29, 1974.  

§631219.  Child guidance programs, community mental health services and community facilities for mentally retarded authorized.

The board of county commissioners of any county, or the board of county commissioners of two or more counties jointly, is hereby authorized, at the option and approval of said board or boards, to conduct a child guidance program, and/or community health center and/or community facility for the mentally retarded, separate and apart from or in conjunction with the county department of health, and to request as a part of the county budget an appropriation of not to exceed an amount equal to the net proceeds of a levy of threefourths (3/4) mill on the dollar valuation of taxable property in the county for such purpose or purposes; and to employ personnel, within the limits of such funds, to conduct such program or programs.  Provided, that any center or facility for mental health services established or maintained hereunder shall first be approved by the State Director of Mental Health on advice of the Board of Mental Health and shall operate under the guidelines of the Oklahoma Mental Health Services Act; and any center or facility for mental retardation services established or maintained hereunder shall first be approved by the Director of the Department of Institutions, Social and Rehabilitative Services on the advice of the Oklahoma Welfare Commission and shall operate under regulations prescribed by the Oklahoma Public Welfare Commission.

Laws 1963, c. 325, art. 2, § 219; Laws 1974, c. 265, § 1.  

§631222.1.  Governing boards  Membership  Tenure.

A.  Every county or combination of counties desirous of establishing a mental health center and/or facilities for the mentally retarded shall establish a community mental health board and/or mental retardation governing board each of which shall be composed of not less than seven (7) members.  The members of such governing boards shall be appointed by the board of county commissioners of said county.  The term of office of members of the governing board shall be three (3) years, except that of the members first appointed the term of three members shall be for one (1) year, and the term of two members shall be for two (2) years.  All members shall serve without pay.

B.  When any combination of counties desires to establish a mental health center and/or facilities for the mentally retarded, the chairman of the board of county commissioners of each participating county shall appoint two (2) members of a selection committee, which committee shall select the governing board.

Laws 1974, c. 265, § 2.  

§631222.2.  Duties of governing boards.

The duties of each of the governing boards shall be:

1.  For the community mental health board, the duties prescribed by the Community Mental Health Services Act, Sections 601 through 609, Title 43A, Oklahoma Statutes; and

2.  For the mental retardation board, the duties prescribed for the Oklahoma Welfare Commission by Sections 301 through 335, Title 43A, Oklahoma Statutes.

Laws 1974, c. 265, § 3.  

§631222.3.  Support of programs.

The board of county commissioners may allocate part or all of the proceeds of the threefourthsmill levy provided for by Section 1219, as amended by Section 1 of this act, Title 63, Oklahoma Statutes, to the county health department for establishment or support of child guidance centers as part of the county health department.  The county board of health shall continue in responsibility for child guidance centers receiving funds in accordance with the provisions of Section 1202, Title 63, Oklahoma Statutes.

Laws 1974, c. 265, § 4.  

§631222.4.  Screening of minors to avoid duplication of services.

In order to avoid duplication of services between the community mental health centers funded by the Department of Mental Health and Substance Abuse Services and the child guidance centers funded by the State Department of Health, minors shall be screened by the child guidance centers and referred to the most appropriate service provider.

Added by Laws 1987, c. 206, § 40, operative July 1, 1987; Laws 1987, c. 236, § 26, emerg. eff. July 20, 1987; Amended by Laws 1990, c. 51, § 129, emerg. eff. April 9, 1990.

§631223.  Constitutional levy for health department.

A levy of not to exceed two and onehalf (2 1/2) mills on the dollar of assessed valuation of a county may be levied annually in accordance with the provisions of Section 9A, Article 10, Oklahoma Constitution, for the purpose of providing funds to maintain or aid in maintaining a county, district or cooperative department of health, where such levy is approved by a majority of the qualified ad valorem taxpaying voters of the county, voting on the question at an election called for such purpose; and the amount of the levy so approved may continue to be made annually until repealed by a majority of the qualified ad valorem taxpaying voters of the county, voting on the question at an election called for such purpose.

Laws 1963, c. 325, art. 2, § 223.  

§631224.  Election on constitutional levy.

An election to authorize a levy under the provisions of the preceding section may be called by the  board of county commissioners, in its official discretion.  Such election may also be called by initiative petition filed with the county clerk, signed by sixteen percent (16%) of the legal voters of the county, such percent to be based upon the total number of votes cast at the last general election in the county for the state office receiving the highest number of votes at such election in the county.  Whenever the election is called by either method, the  board of county commissioners shall fix the date for the election and shall cause to be published in at least one issue each week, for four (4) weeks, of a newspaper having general circulation in the county, a notice stating that the election has been called, the date and purpose of the election, and the number of mills on the dollar of assessed valuation of the county to be voted upon; and the notice may contain any other information believed appropriate by the board.  The election shall be conducted by the county election board, in the same manner as elections to select county officers, and the cost of holding the election shall be paid from county funds.  The secretary of the county election board shall certify the results of the election to the board of county commissioners, and after receiving such certification the board of county commissioners shall notify the county excise board if the levy shall have been approved.

Laws 1963, c. 325, art. 2, § 224.  

§631225.  Repeal of constitutional levy.

An election on a proposed repeal of a levy previously approved pursuant to the two preceding sections shall be called and held in the same manner as required for an election on approval of a levy; and the county excise board shall be notified