Oklahoma 2022 Regular Session

Oklahoma House Bill HB1014 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 5, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 1014 By: Roe of the House
4	35
5	36		and
6	37
7	38		Simpson of the Senate
8		-
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14	44		An Act relating to public health; amending 63 O.S.
15	45		2011, Section 1-502.2, as amended by Section 1,
16	46		Chapter 118, O.S.L. 20 20 (63 O.S. Supp. 2020, Section
17	47		1-502.2), which relates to confidentiality of certain
18	48		information; including certain records; excluding
19	49		information and records held by certain entities;
20	50		removing reference; requiring release of certain
21	51		information in accord ance with federal law; removing
22	52		certain identification requirements; updating
23	53		reference; amending 63 O.S. 2011, Section 1 -507,
24	54		which relates to schools and the attendance of
25		-	diseased pupils; transferring responsibility from
26		-	teachers to schools; updating permission -granting
27		-	entities; and declaring an e mergency.
	55	+	diseased pupils; including people suspected of having
	56	+	a communicable disease; tran sferring responsibility
	57	+	from teachers to scho ols; updating permission -
	58	+	granting entities; and declaring an emergency.
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29	60
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32		-
33		-	SUBJECT: Public health
34		-
35	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
36		-
37	64		SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -502.2, as
38	65		amended by Section 1, Chapter 118, O.S.L. 2 020 (63 O.S. Supp. 2020,
39	66		Section 1-502.2), is amended to read as follows:
	67	+	Section 1-502.2. A. Unless otherwise provided by law, all
	68	+	information and records created, received, investigated, held or
	69	+	maintained by the State Department of Health, concerning any person
40	70
41		-	Section 1-502.2 A. Unless otherwise provided by law, all
42		-	information and records created, received, investigated, held, or
43		-	maintained by the State Department of Health concerning any person
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44	97		who has participated in a public health investigation or who may
45	98		have any communicable or noncommunicable disease which is required
46		-	to be reported pursuant to Sections 1 -501 through 1-532.1 of this ~~ENR. H. B. NO. 1014 Page 2~~
	99	+	to be reported pursuant to Sections 1 -501 through 1-532.1 of this
47	100		title or information and records of any disease which are held or
48	101		maintained by any state agency, health care provider or facility,
49	102		physician, health professional, laboratory, clinic, blood bank,
50	103		funeral director, third -party payor, or any other agenc y, person, or
51		-	organization in the state shall be confidential . Any information
	104	+	organization in the state , shall be confidential. Any information
52	105		obtained pursuant to the requirements of Sections 1 -501 through 1-
53	106		532.1 of this title records of the Department and shall not be
54	107		required to be produced pursuant to the Oklaho ma Open Records Act.
55	108		Any information authorized to be released pursuant to paragraphs 1
56	109		through 8 of this subsection shall be released in such a way that no
57	110		person can be identified unless otherwise provided for in such
58	111		paragraph or by law. Such information shall not be released except
59	112		under the following circumstances:
60		-
61	113		1. Release is made upon court order;
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63	114		2. Release is made in writing, by or with the written consent
64	115		of the person whose information is being kept confidential or with
65	116		the written consent of the legal guardian or legal custodian of such
66	117		person, or if such person is a minor, with the written consent of
67	118		the parent or legal guardian of such minor;
68		-
69	119		3. Release is necessary as determined by the State Department
70	120		of Health to protect the health an d well-being of the general public
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71	148		and such release is authorized or required under and released in
72	149		accordance with the Health Insurance Portability and Accountability
73	150		Act of 1996. Any such order for release by the Department and any
74	151		review of such order shall be in accordance with the procedures
75	152		specified in Sections 309 through 323 of Title 75 of the Oklahoma
76	153		Statutes. Only the initials of the person whose information is
77	154		being kept confidential shall be on public record for such
78	155		proceedings unless the o rder by the Department specifies the release
79	156		of the name of such person and such order is not appealed by such
80	157		person or such order is upheld by the reviewing court ;
81		-
82	158		4. Release is made of medical or epidemiological information to
83	159		those persons who have ha d risk exposures pursuant to Section 1 -
84	160		502.1 of this title;
85		-
86	161		5. Release is made of medical or epidemiological information to
87	162		health professionals, appropriate state or federal agencies, or
88	163		district courts to enforce the provisions of Sections 1 -501 through
89	164		1-532.1 of this title and related rules and regulat ions concerning
90	165		the control and treatment of communicable or noncommunicable
91		-	diseases; ENR. H. B. NO. 1014 Page 3
92		-
	166	+	diseases;
93	167		6. Release is made of specific medical or epidemiological
94	168		information for statistical purposes whether within the State of
95		-	Oklahoma or throughout the United States, in such a way that no
96		-	person can be identified;
	169	+	Oklahoma state or throughout the United States, in such a way that
	170	+	no person can be identified;
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98	198		7. Release is made of medical information among health care
99	199		providers, their agents or employees, within the continuum of care
100	200		for the purpose of diagno sis and treatment of the person whose
101		-	information is released whether within the State of Oklahoma or
102		-	throughout the United States; or
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	201	+	information is relea sed whether within the State of Oklahoma state
	202	+	or throughout the United States; or
104	203		8. When the patient is an inmate in the custody of the
105	204		Department of Corrections or a private prison or facility u nder
106	205		contract with the Department of Corrections, and the releas e of the
107	206		information is necessary:
108		-
109	207		a. to prevent or lessen a serious and imminent threat to
110	208		the health or safety of a person or the public, and it
111	209		is to a person or persons reasonably able to prevent
112	210		or lessen the threat, including the target of the
113	211		threat, or
114		-
115	212		b. for law enforcement authorities to identify or
116	213		apprehend an individual where it appears from all the
117	214		circumstances that the individual has escaped from a
118	215		correctional institution or fr om lawful custody.
119		-
120	216		B. For the purposes of this section only, "w ritten consent"
121	217		means that the person whose information is required to be kept
122	218		confidential by this section or the person legally authorized to
123	219		consent to release by this section has been info rmed of all persons
124	220		or organizations to whom such information ma y be released or
125	221		disclosed by the specific release granted. Consent obtained for
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126	249		release of information, pursuant to paragraph 2 of subsection A of
127	250		this section, shall not be considered valid unless, prior to
128	251		consent, the person consenting to the release was given notice of
129	252		the provisions for release of confidential information pursuant to
130	253		this section. The provisions of this subsection shall not apply to
131	254		written authorizations to disclose in formation to the Social
132	255		Security Administration.
133		-
134	256		C. 1. The State Department of Health may convene a
135	257		confidential meeting of a multidisciplinary team for recommendation
136		-	on school placement of a student who is infected with the human ~~ENR. H. B. NO. 1014 Page 4~~
	258	+	on school placement of a student who is infected with the human
137	259		immunodeficiency virus . The multidisciplinary team shall include,
138	260		but not be limited to, the following:
139		-
140	261		a. the parent, parents, legal representative, or legal
141	262		guardian or legal custodian of the student,
142		-
143	263		b. the physician of the student,
144		-
145	264		c. a representative from the superintende nt's office of
146	265		the affected school district,
147		-
148	266		d. a representative from the State Department of
149	267		Education, and
150		-
151	268		e. a representative from the State Department of Health.
152		-
153	269		Each member of the team shall be responsible for protecting the
154	270		confidentiality of the stu dent and any information made available to
155	271		such person as a memb er of the team. The multidisciplinary team
156	272		shall be exempt from the requirements of Sections 301 through 314 of
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157	300		Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19
158	301		of Title 51 of the Oklahoma Statutes.
159		-
160	302		2. Each member of the local school b oard having jurisdiction
161	303		over the student shall also be responsible for protecting the
162	304		confidentiality of the student and any information made available to
163	305		such person as a school board member .
164		-
165	306		D. The State Department of Health may convene a confidential
166	307		meeting of a multidisciplinary advisory committee to make
167	308		recommendations regarding the practice of health care workers who
168	309		are infected with the human immunodeficiency virus (HIV) or
169	310		hepatitis B virus (HBV), who may be performing exposure -prone
170	311		procedures. The membership of the multidisciplinary advisory
171	312		committee shall include, but not be limited to, the following:
172		-
173	313		1. The State Commissioner of Health or designee;
174		-
175	314		2. Legal counsel to the St ate Commissioner of Health;
176		-
177	315		3. The state epidemiologist or desi gnee;
178		-
179	316		4. An infectious disease specialist with expertise in HIV/HBV
180	317		infection; and
181		-	ENR. H. B. NO. 1014 Page 5
182	318		5. Two practicing health care workers from the same discipline
183	319		as the HIV/HBV-infected health care worker.
184		-
185	320		In addition, the health care worker being discussed, and/or an
186	321		advocate, and the personal physician of the health care worker being
187	322		discussed shall be invited to the multidisciplinary advisory
188	323		committee meeting. Discussion of the case shall be made withou t
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189	351		using the actual name of the health care worker. Each member of the
190	352		multidisciplinary advisory committee shall be responsible for
191	353		protecting the confidentiality of the HIV/HBV -infected health care
192	354		worker and the confidentiality of any information made a vailable to
193	355		such person as a member of the multidisciplinary adv isory committee.
194	356		The multidisciplinary advisory committee shall be exempt from the
195	357		requirements of the Oklahoma Open Meeting Act and the Oklahoma Open
196	358		Records Act.
197		-
198	359		E. Upon advice of the mult idisciplinary advisory committee, the
199	360		State Commissioner of Heal th or designee may notify an appropriate
200	361		official at the health care facility where the HIV/HBV -infected
201	362		health care worker practices that the health care worker is
202	363		seropositive for HIV and/or HBV. Notification shall be made only
203	364		when necessary to monitor the ability of the HIV/HBV -infected health
204	365		care worker to comply with universal precautions and appropriate
205	366		infection control practices, and/or to monitor the ongoing
206	367		functional capacity of t he health care worker to perform his or her
207	368		duties. Notificatio n shall occur through one of the following
208	369		officials:
209		-
210	370		1. The facility administrator;
211		-
212	371		2. The hospital epidemiologist;
213		-
214	372		3. The chair of the infection control committee of the
215	373		facility; or
	374	+	4. The medical chief of staff of the facility.
216	375
217		-	4. The medical chief of staff of the facility.
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218	401
219	402		F. If the HIV/HBV-infected health care worker fails or refuses
220	403		to comply with the recommendations of the multidisciplinary advisory
221	404		committee, the State Commissioner of Health or designee may take
222	405		such actions as may be required to perform the duties imposed by the
223		-	laws of the State of Oklahoma, and may advise the appropriate
224		-	licensing board.
225		-	ENR. H. B. NO. 1014 Page 6
	406	+	laws of the State of Oklahoma, this state and may advise the
	407	+	appropriate licensing board.
226	408		G. Any person who negligently, knowingly or intentionally
227	409		discloses or fails to protect medical or epidemiolog ical information
228	410		classified as confidential pursuant to this section, upon
229	411		conviction, shall be guilty of a misdemeanor punishable by the
230	412		imposition of a fine of not less than One Thousand Dollars
231	413		($1,000.00) or by imprisonment in the county jail for not m ore than
232	414		thirty (30) days, or by both such fine and imprisonment.
233		-
234	415		H. Any person who negligently, knowingly or intentionally
235	416		discloses or fails to protect medical or epidemiological information
236	417		classified as confidential pursuant to this section shall be c ivilly
237	418		liable to the person who is the subject of the disclosure for court
238	419		costs, attorney fees, exemplary damages and all actual damages,
239	420		including damages for economic, bodily or psychological harm which
240	421		is are proximately caused by the disclosure.
241		-
242	422		SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -507, is
243	423		amended to read as follows:
244		-
245	424		Section 1-507. No person having a communicable disease shall be
246	425		permitted to attend a private or public school, and it shall be the
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247	453		duty of the parent o r guardian of any such person, and the teacher
248	454		school of such person, to exclude from the school such person until
249	455		the expiration of the period of isolation or quarantine ordered for
250	456		the case, or until permission to do so shall have been given by the
251	457		local health officer county health department or the State
252	458		Department of Health .
253		-
254	459		SECTION 3. It being immediately necessary for the preservation
255	460		of the public peace, health or safety, an emergency is hereby
256	461		declared to exist, by reason whereof t his act shall take effect and
257	462		be in full force from and after its passage a nd approval.
258		-	ENR. H. B. NO. 1014 Page 7
259		-	Passed the House of Representatives the 11th day of March, 2021.
260		-
261		-
262		-
263		-
264		-	Presiding Officer of the House
265		-	of Representatives
266		-
267		-
268		-	Passed the Senate the 13th day of April, 2021.
269		-
270		-
271		-
272		-
273		-	Presiding Officer of the Senate
274		-
275		-
276		-
277		-	OFFICE OF THE GOVERNOR
278		-	Received by the Office of the Governor this ____________________
279		-	day of ___________________, 20_______, at _______ o'clock _______ M.
280		-	By: _________________________________
281		-	Approved by the Governor of the State of Oklahoma this _________
282		-	day of ___________________ , 20_______, at _______ o'clock _______ M.
283		-
284		-
285		-	_________________________________
286		-	Governor of the State of Oklahoma
287		-
288		-	OFFICE OF THE SECRETARY OF STATE
289		-	Received by the Office of the Secretary of State this __________
290		-	day of ___________________, 20_______, at _______ o'clock _______ M.
291		-	By: _________________________________
292		-
	463	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	464	+	April 5, 2021 - DO PASS