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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1669 By: West (Kevin)
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2011, Section 6102, which relates to the
Catastrophic Health Emergency Powers Act; modifying
legislative findings; amending 63 O.S. 2011, Section
6103, which relates to the purpose of the
Catastrophic Health Emergency Powers Act; modifying
purposes; amending 63 O.S. 2011, Section 6105, which
relates to the Oklahoma Catastrophic Heal th Emergency
Planning Task Force; modifying membership; amending
63 O.S. 2011, Section 6301, which relates to reports
required from certain health care providers;
requiring executive order to authorize reporting
requirements; amending 63 O.S. 2011, Section 6302,
which relates to investigations of exposed
individuals; requiring executive order to authorize
investigations; amending 63 O.S. 2011, Section 6401,
which relates to a declaration of a state of
catastrophic health emergency; requiring Governor to
provide certain notification to the Speaker of the
House of Representati ves and the President Pro
Tempore of the Senate; amending 63 O.S. 2011, Section
6402, which relates to executive order declaring a
state of catastrophic health emergency; requiring
statement of specific authorities requested in
executive order; amending 63 O.S. 2011, Section 6403,
which relates to activation of disaster response and
recovery aspects of emergency plans; requiring
certain meetings for duration of the emergency;
amending 63 O.S. 2011, Section 6405, which relates to
special session of State Leg islature; clarifying call
of special session; modifying time of special
session; amending 63 O.S. 2011, Section 6802, which
relates to transfer of monies from state funds;
requiring itemized report to Legislature; amending 26
O.S. 2011, Section 2 -107, which relates to authority
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of the Secretary of the State Election Board;
authorizing Secretary to promulgate emergency rules
upon activation of Catastrophic Health Emergency
Powers Act; authorizing disapproval by Legislature;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 6102, is
amended to read as follows:
Section 6102. The Oklahoma Legislature finds that:
1. Guided by principles of justice and anti discrimination, it
is the duty of this state to act with fairness and tolerance towards
individuals and groups during catastrophic health emergencies;
2. The right of people to civil rights, liberty, bodily
integrity and privacy must be respected and consistent with
maintaining and preserving the health and security of the public
during a catastrophic health emergency;
3. The government must do more to protect the health, safety,
and general well-being of its citizens during a catastrophic health
emergency;
2. 4. New and emerging dangers, including emergent and
resurgent infectious diseases and incidents of civilian mass
casualties, pose serious and immediate threats during a catastrophi c
health emergency;
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3. 5. A renewed focus on the prevention, detecti on, management,
and containment of catastrophic health emergencies is needed;
4. 6. Catastrophic health emergency threats, including those
caused by nuclear, biological or chemical event s, may require the
exercise of extraordinary government powers and fu nctions;
5. 7. This state must have the ability to respond, rapidly and
effectively, to potential or actual catastrophic health emergencies;
6. 8. The exercise of catastrophic health em ergency powers must
promote the common good;
7. 9. Catastrophic emergency health emergency powers must be
grounded in a thorough scientific understanding of public health
threats and disease transmission;
8. Guided by principles of justice and antidiscri mination, it
is the duty of this state to act with fairness and toler ance towards
individuals and groups during catastrophic health emergencies;
9. The rights of people to liberty, bodily integrity, and
privacy must be respected to the fullest extent poss ible consistent
with maintaining and preserving the health and securi ty of the
public during a catastrophic health emergency;
10. This act is necessary to protect the health and safety of
the citizens of this state during a catastrophic health emergency;
and
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11. The provisions of Sections 9 6401 through 25 6804 of this
act title shall only be activated upon the occurrence of a
catastrophic health emergency.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 6103, is
amended to read as f ollows:
Section 6103. The purposes of the Catastrophic Health Emerge ncy
Powers Act are:
1. To ensure the civil rights and liberties of the citizens of
this state while providing for their safety;
2. To require the development of a comprehensive plan to
provide for a coordinated, appropriate response in the event of a
catastrophic health emergency;
2. 3. To authorize the reporting and collection of data and
records, the management of state property, the protection of
persons, and access to communications during a catastrophic health
emergency;
3. 4. To facilitate the ear ly detection of a catastrophic
health emergency, and allow for immediate investigation of such a
catastrophic health emergency by granting access to health
information of individuals unde r specified circumstances;
4. 5. To grant state and local officials the authority during a
catastrophic health emergency to provide care , treatment, and
vaccination to persons who are interested in being vaccinated and to
persons who are ill or who have b een exposed to transmissible
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diseases, and to separate affected indiv iduals from the population
at large to interrupt disease transmission;
5. 6. To ensure during a catastrophic health emergency that the
needs of infected or exposed persons are properly a ddressed to the
fullest extent possible, given the primary goal of co ntrolling
serious health threats without unduly interfering with civil rights
and liberties; and
6. 7. To provide, during a catastrophic health emergency, state
and local officials with the ability to prevent, detect, manage, and
contain health threats wi thout unduly interfering with civil rights
and liberties; and
8. To provide the Governor , during a catastrophic health
emergency, the power to grant local officials certain clearly
defined authorities.
SECTION 3. AMENDATORY 63 O. S. 2011, Section 6105, is
amended to read as follows:
Section 6105. A. There is hereby created the Oklahoma
Catastrophic Health Emergency Planning Task Force. The purpose of
the task force is to prepare a plan for responding to a catastrophic
health emergency.
B. The task force shall be comprised as follows:
1. The cabinet secretary with responsibilities for health and
human services, who shall serve as chair of the task force;
2. The State Commissioner of Health or a designee;
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3. The Director of the Department of Public Safety or a
designee;
4. The State Attorney General or a designee;
5. The Administrative Director of the Courts or a designee;
6. The Director of Civil Emergency Management or a designee;
7. Two Three members of the State Senate , two members of the
majority party and one member of the minority party, to be appointed
by the President Pro Tempore of the Senate;
8. Two Three members of the Oklahoma House of Represen tatives,
two members of the majority party and one member of the mino rity
party, to be appointed by the Speaker of the House of
Representatives;
9. The Director of the Tulsa City -County Health Department or a
designee;
10. The Director of the Oklahoma Ci ty-County Health Department
or a designee;
11. The State Fire Marsha l;
12. A representative of the Oklahoma State Board of Medical
Licensure and Supervision to be appointed by the State Board of
Medical Licensure and Supervision;
13. A representative of the State Board of Osteopathic
Examiners to be appointed by the Stat e Board of Osteopathic
Examiners;
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14. A representative of the Governor to be appointed by the
Governor;
15. A person appointed by the Governor representing a statewide
organization representing hospitals;
16. A representative of the Oklahoma Nurses Asso ciation to be
appointed by the Oklahoma Nurses Association; and
17. A representative of the Oklahoma Psychological Association
to be appointed by the Oklahoma Psychological Association ;
18. The Director of the Department of Corrections or a
designee;
19. Two members of law enforcement, who shall be a county
sheriff, chief of police of a municipality or other equivalent law
enforcement officer having administrative responsibilities or a
designee. One member shall be appointed by the Speaker of the House
of Representatives and one member shall be appointed by the
President Pro Tempore of the Senate;
20. Two members from the private sector with expertise in
disaster relief, one appointed by the Speaker of the House of
Representatives and one appointed by t he President Pro Tempore of
the Senate; and
21. Four members from the private -sector business community,
two appointed by the Speaker of the House of Representatives and two
appointed by the President Pro Tempore of the Senate .
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C. Appointees shall serve at the pleasure of the appointing
authority.
D. No later than December 31, 2004 2021, the task force shall
deliver a plan for responding to a catastrophic health emergency to
the Governor, the President Pro Tempore of the State Senate, and the
Speaker of the Oklahoma House of Representatives. The plan shall
include provisions or guidelines for the following:
1. Notification of and communication with the population during
a catastrophic health emergency;
2. Central coordination of resources, manpower, an d services,
including coordination of responses by state, local, tribal, and
federal agencies during a catastrophic health emergency;
3. The location, procurement, storage, transportatio n,
maintenance, and distribution of essential materials including, bu t
not limited to, medical supplies, drugs, vaccines, food, shelter,
clothing, and beds during a catastrophic health emergency;
4. The role of law enforcement agencies in response to a
catastrophic health emergency;
5. The method of evacuating populations and housing and feeding
evacuated populations during a catastrophic health emergency;
6. The identification and training of health care providers to
diagnose and treat persons with infe ctious disease during a
catastrophic health emergency;
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7. The treatment of persons who have been exposed to or who are
infected with diseases or health conditions that may be the cause of
a catastrophic health emergency;
8. The safe disposal of contamina ted wastes and human remains
during a catastrophic health emergency;
9. The safe and effective control of persons treated during a
catastrophic health emergency;
10. Tracking the source and outcomes of infected persons during
a catastrophic health emerge ncy;
11. Ensuring that during a catastrophic health emergency each
city and county within the state identifies the following:
a. sites where medical supplies, food, and other
essentials can be distributed to the population,
b. sites where public health an d emergency workers can be
housed and fed, and
c. routes and means of transportation of people and
materials;
12. The recognition of cultural norms, values, religious
principles, and traditions that may be relevant during a
catastrophic health emergency; and
13. Other measures necessary to carry out the purposes of this
act.
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E. The task force shall distribute this plan to those who will
be responsible for its implementation, other interested persons and
the public and seek their review and comments.
F. The task force shall annually review its plan for responding
to a catastrophic health emergency.
G. Staff assistance for the task force shall be provided upon
request by the chair of the task force by the agency or agencies
determined to be appropriate by the chair.
H. Members of the task force shall receive no compensati on for
serving on the task force, but shall receive travel reimbursement as
follows:
1. Legislative members of the task force shall be reimbursed
for their necessary travel expenses incu rred in the performance of
their duties in accordance with Section 45 6 of Title 74 of the
Oklahoma Statutes; and
2. Nonlegislative members of the task force shall be reimbursed
pursuant to the Oklahoma Travel Reimbursement Act by their employing
or appointing agencies.
SECTION 4. AMENDATORY 63 O.S . 2011, Section 6301, is
amended to read as follows:
Section 6301. A. The provisions of this section shall be
contingent upon a specific executive order by the Governor
activating the reporting requirements.
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B. A health care provider, coroner, or medica l examiner shall
report all cases of persons who harbor any illness or health
condition that may be potential cause of a catastrophic health
emergency. Reportable illnesses and health co nditions include, but
are not limited to, the diseases caused by the biological agents
listed in 42 C.F.R., Section 72, app. A (2000) and any illnesses or
health conditions identified by the public health authority.
B. C. In addition to the foregoing requ irements for health care
providers, a pharmacist shall report any unu sual or increased
prescription rates, unusual types of prescriptions, or unusual
trends in pharmacy visits that may be potential causes of a
catastrophic health emergency. Prescription -related events that
require a report include, but are not limited to:
1. An unusual increase in the number of prescriptions or over -
the-counter pharmaceuticals to treat conditions that the public
health authority identifies through regulations;
2. An unusual increase in the number of prescriptions for
antibiotics; and
3. Any prescription that treats a disease that is relatively
uncommon or may be associated with bioterrorism.
C. D. The report shall be made electronically or in writing
within twenty-four (24) hours to the public health authority. The
report shall include as much of the following information as is
available: the specific illness or health condition that is the
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subject of the report; the name of the patient, date of birth, sex,
race, occupation, and current home and work addresses, including
city and county; the name and address of the health care provider,
coroner, or medical examiner and of the reporting individual, if
different; and any other information needed to locate the patient
for follow-up. For cases related to animal or insect bites, the
suspected locating information of the biting animal or insect, and
the name and address of any known owner, shall be reported.
D. E. Any animal case of a zoonotic disease that is suspected
to be a bioterrorism event or associated with an outbreak shall be
reported to the State Veterinarian. Appropriate clinical specimens
will be required to be rapidly submitted for laboratory
confirmation. The State Veterinarian or State Veterinary Diagnostic
Laboratory Director or a designee will immediately report by
telephone confirmed veterinary cases of public health importance to
the State Department of Health.
E. F. For the purposes of this section, "health care provider "
shall include out-of-state medical laboratories, provided that the
out-of-state laboratories have agr eed to the reporting requirements
of this state. Results must be reported by the laboratory that
performs the test, but an in -state laboratory that sends specimens
to an out-of-state laboratory is also responsible for reporting
results.
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F. G. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules.
SECTION 5. AMENDATORY 63 O.S. 2011, Section 6302, is
amended to read as follows:
Section 6302. A. The provisions of subse ction B of this
section shall be contingent upon a specific executive order by the
Governor activating the investigatory requirements.
B. The public health authority shall ascertain the existence of
cases of an illness or health condition that may be pote ntial causes
of a catastrophic health emergency ;, investigate all such cases for
sources of infection or contamination and to ensure that they are
subject to proper control measures ;, and define the distribution of
the illness or health condition. To fulf ill these duties, the
public health authority shall identify exposed individuals as
follows:
1. Acting on information developed in accordance with Section 6
6301 of this act title, or other reliable information, the public
health authority shall identify all individuals thought to have been
exposed to an illness or health condition that may be a potential
cause of a catastrophic health emergency; and
2. The public health authority shall counsel and interview such
individuals where needed to assist in the positive identification of
exposed individuals and develop information relating to the source
and spread of the illness or health condition. Such information
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includes the name and addres s, including city and county, of any
person from whom the illness or health condition may have been
contracted and to whom the illness or health condition may have
spread.
B. C. The public health authority, for examination purposes,
shall close, evacuate, or decontaminate any facility or
decontaminate or destroy any materi al when the authority reasonably
suspects that such facility or material may endanger the public
health.
C. D. The public health authority may enforce the provisions of
this section in accordance with existing enforcement rules. An
order of the public he alth authority given to effectuate the
purposes of this section shall be enforceable immediately by the
public safety authority.
SECTION 6. AMENDATORY 63 O.S. 20 11, Section 6401, is
amended to read as follows:
Section 6401. A sta te of catastrophic health emergency may be
declared by the Governor upon the occurrence of a "catastrophic
health emergency" as defined in paragraph 2 of Section 4 6104 of
this act title. Prior to such a declaration, the Governor shall
consult with the public health authority and may consult with any
additional public health or other experts as needed. The Governor
shall notify the Speaker of the House of Representatives and the
President Pro Tempore of the Senate of the powers being requested.
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SECTION 7. AMENDATORY 63 O.S. 2011, Section 6402, is
amended to read as follows:
Section 6402. A. A state of catastrophic health emergency
shall be declared by an execut ive order that specifies:
1. The nature of the catastrophic health e mergency;
2. The political subdivisions or geographic areas subject to
the declaration;
3. The conditions that have brought about the catastrophic
health emergency;
4. The duration of the state of the catastrophic health
emergency, if less than thirty ( 30) days; and
5. The primary public health authority responding to the
catastrophic health emergency.
B. In the event of an extension of the duration of the state of
the catastrophic health emergency, the Governor shall state the
specific authorities he or she is requesting in the executive order.
SECTION 8. AMENDATORY 63 O.S. 2011, Section 6403, is
amended to read as follows:
Section 6403. A. The declaration of a state of catastrophic
health emergency shall activate the disast er response and recovery
aspects of the state, local, and inter -jurisdictional disaster
emergency plans in the affected political subdivisions or geographic
areas. Such declaration autho rizes the deployment and use of any
forces to which the plans apply a nd the use or distribution of any
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supplies, equipment, and materials and facilities assembled,
stockpiled, or available pursuant to this act.
B. During a state of catastrophic health eme rgency, the
Governor may:
1. Suspend the provisions of any regulator y statute prescribing
procedures for conducting state business, or the orders and rules of
any state agency, to the extent that strict compliance with the same
would prevent, hinder, or d elay necessary action (including
emergency purchases) by the public h ealth authority to respond to
the catastrophic health emergency, or increase the health threat to
the population;
2. Utilize all available resources of the state government and
its political subdivisions, as reasonably necessary , to respond to
the catastrophic health emergency;
3. Transfer the direction, personnel, or functions of state
departments and agencies in order to perform or facilitate response
and recovery programs regarding th e catastrophic health emergency;
4. Mobilize all or any part of the National Guard into service
of the state. An order directing the National Guard to report for
active duty shall state the purpose for which it is mobilized and
the objectives to be accom plished;
5. Provide aid to and seek aid from other states during the
catastrophic health emergency in accordance with any interstate
emergency compact made with this state; and
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6. Seek aid from the federal government for the catastrophic
health emergency in accordance with federal programs or
requirements.
C. The public health authority shall coordinate all matters
pertaining to the catastrophic health emergency response of the
state. The public health authority shall have primary jurisdiction,
responsibility, and authority for:
1. Planning and executing catastrophic he alth emergency
assessment, mitigation, preparedness response, and recovery for the
state;
2. Coordinating catastrophic health emergency response between
state and local authorities durin g a catastrophic health emergency;
3. Collaborating with relevant fe deral government authorities,
elected officials of other states, private organizations or
companies during a catastrophic health emergency;
4. Coordinating recovery operations and mitiga tion initiatives
subsequent to catastrophic health emergencies; and
5. Organizing public information activities regarding
catastrophic health emergency response operations.
D. After the declaration of a state of catastrophic health
emergency, special ide ntification for all public health personnel
working during the catast rophic health emergency shall be issued as
soon as possible. The identification shall indicate the authority
of the bearer to exercise public health functions and emergency
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powers during the state of catastrophic health emergency. Public
health personnel shall wear the identification in plain view.
E. The Governor or a designee shall meet at a minimum twice per
week with the House and Senate members of the Oklahoma Catastrophic
Health Emergency Planning Task Force for the duration of the
emergency to discuss actions that have been taken and actions that
will be taken. The House and Senate task force members may report
updates back to their respective chambers.
SECTION 9. AMENDATORY 63 O.S. 2011, Section 6405, is
amended to read as follows:
Section 6405. A. The Governor shall terminate the declaration
of a state of catastrophic health emergency by executive order upon
finding that the occurrence of the conditio n that caused the
catastrophic health emergency no longer poses a hig h probability of
a large number of deaths in the affected population, a large number
of incidents of serious permanent or long -term disability in the
affected population, or a significant risk of substantial future
harm to a large number of people in the a ffected population.
B. Notwithstanding any other provision of the Catastrophic
Health Emergency Powers Act, the declaration of a state of
catastrophic health emergency shall be terminate d automatically
after thirty (30) days unless renewed by the Governor under the same
standards and procedures set forth in this act. Any such renewal
shall also be terminated automatically after thirty (30) days unless
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renewed by the Governor under the sa me standards and procedures set
forth in the Catastrophic Health Emer gency Powers Act.
C. If the Governor declares a catastrophic health emergency,
the State Legislature shall automatically be called into Special
Session by call of the Governor at 8:00 a.m. 10:00 a.m. on the
morning of the second business day following the date of such
declaration for the purpose of concurring with or terminating the
catastrophic health emergency. The State Legislature , by concurrent
resolution, may terminate a state of c atastrophic health emergency
at any time. Thereupon, the Governor sh all, by appropriate action ,
end the state of catastrophic health emergency. Such termination by
the State Legislature shall override any renewal by the Governor.
D. All orders or legisl ative actions terminating the
declaration of a state of catastrophic health emergency shall
indicate the nature of the emergency, the area or areas threatened,
and the conditions that make possible the termination of the
declaration.
SECTION 10. AMENDATORY 63 O.S. 2011, Section 6802, is
amended to read as follows:
Section 6802. A. During a catastrophic health emergency, the
Governor may transfer from any fund available to the Governor in the
State Treasury sums of money as may be necessary during a state of
catastrophic health emergency.
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B. Monies so transferred shall be repaid to the fund from which
they were transferred when monies become available for that purpose,
by legislative appropriation or otherwise.
C. A transfer of fu nds by the Governor under the provisions of
this section may be made only when one or more of the following
conditions exist:
1. No appropriation or other authorization is available to meet
the catastrophic health emergency;
2. An appropriation is insuff icient to meet the catastrophic
health emergency; or
3. Federal monies available for such a catastrophic health
emergency require the use of state or other public monies.
D. All expenses incurred by the state during a state of
catastrophic health emergen cy shall be subject to the following
limitations:
1. No expense shall be incurred against the monies authorized
under this section, without the general approval of the Governor;
2. The aggregate amount of all expenses incurred pursuant to
this section shall not exceed Fifty Million Dollars ($50,000,000.00)
for any fiscal year; and
3. Monies authorized for a state of catastrophic health
emergency in prior fiscal years may be used in subsequent fiscal
years only for the catastrophic health emergency for wh ich they were
authorized. Monies authorized for a catastrophic healt h emergency
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in prior fiscal years, and expended in subsequent fiscal years for
the catastrophic health emergency for which they were authorized,
apply toward the fifty -million-dollar expense limit for the fiscal
year in which they were authorized .
Itemized reports detailing any use of state dollars shall be
provided every ten (10) days to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate .
SECTION 11. AMENDATORY 26 O.S. 2011, Section 2 -107, is
amended to read as follows:
Section 2-107. A. The Secretary of the State Election Board
shall be the administrative officer of the State Election Board and
shall have general supervisory au thority over county election boards
and shall have the authority to p rovide administrative supervision
to any county election board, as well as the authority to stand in
the place of the secretary of the county election board for the
purpose of employing c ounty election board personnel when a vacancy
exists in the office of the secretary of the county election board.
The Secretary shall have the authority to employ and fix the
salaries and duties of such personnel as may be necessary to perform
the duties of the State Election Board. The Secretary may
promulgate, repeal or modify such rules or regulations as the
Secretary deems necessary to facilitate and assist in achieving and
maintaining uniformity in the application, operation and
interpretation of the state and federal election laws and a maximum
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degree of correctness, impartiality and efficiency in administration
of the election laws; provided, however, that such rules or
regulations, to be binding and effective, must have been officially
adopted by the Secretary of the State Election Board; the procedure
and adoption of such rules and regulations shall be subject to the
provisions of the Administrative Procedures Act. The Secretary
shall promote and encourage voter registration and voter
participation in elections. The Secretary shall be the chief state
election official responsible for coordination of state
responsibilities under the National Voter Registration Act of 1993
and under the Help America Vote Act of 2002. The Secretary shall
have the authority to implement programs for confirmation of voter
registration and for removal of ineligible voters in compliance with
general Oklahoma election law and requirements of the National Voter
Registration Act of 1993.
B. If the Catastrophic Health Emerg ency Powers Act has been
activated pursuant to an executive order, th e Secretary of the State
Election Board may promulgate emergency rules, which the Secretary
deems necessary to protect the public health while simultaneously
maintaining the integrity of the election process. Emergency rules
promulgated under this subsect ion shall not be subject to the
provisions of the Administrative Procedures Act and shall remain
effective unless disapproved by adoption of a concurrent resolution
by a constitutional ma jority of each chamber of the Legislature.
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SECTION 12. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-6160 AB 12/28/21