Req. No. 1454 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1016 By: Dahm
AS INTRODUCED
An Act relating to the Catastrophic Health Emergency
Powers Act; amending 63 O.S. 2011, Section 6104,
which relates to definitions; adding additional
provision to definition; and providing an effecti ve
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 6104, is
amended to read as follows:
Section 6104. As used in the Catastrophic Health Emergency
Powers Act:
1. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance, or biological product
that may be engineered as a result of biotechnology, or any
naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological product,
to cause death, disease , or other biological malfunction in a human,
an animal, a plant, or another living organism in order t o influence
Req. No. 1454 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the conduct of government or to intimidate or coerce a civilian
population;
2. “Catastrophic health emergency ” means an occurrence of
imminent threat of a n illness or health condition that:
a. is believed to be caus ed by any of the following:
(1) a nuclear attack,
(2) bioterrorism,
(3) a chemical attack, or
(4) the appearance of a novel or previously
controlled or eradicated infectious agent or
biological toxin, and
b. poses a high probability of any of the following
harms:
(1) a large number of deaths in the affect ed
population,
(2) a large number of serious or long -term
disabilities in the affected population, or
(3) widespread exposure to an infectious or toxic
agent that poses a significant risk of
substantial future harm to a large number o f
people in the affect ed population, or
(4) overloading of hospitals, emergency rooms and
medical facilities beyond their cap acity to serve
the affected population;
Req. No. 1454 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. “Chain of custody” means the methodology of tracking
specimens for the purpose of maintaining control and acc ountability
from initial collection to final disposition of the specimens and
providing for accountability at each stage of collecting, handling ,
testing, storing, and transporting the specimens and reporti ng test
results;
4. “Contaminated waste” means:
a. “biological waste”, which includes blood and blood
products, excretions, exudates, secretions, suctionin g
and other body fluids, and waste mat erials saturated
with blood or body fluids,
b. “cultures and stocks”, which includes etiologic agents
and associated biologicals, including specimen
cultures and dishes and devices used to transfer,
inoculate, and mix cultures, wastes from production of
biologicals and serums, and discarded live and
attenuated vaccines,
c. “pathological waste”, which includes biopsy materials
and all human tissues, anatomical parts that emanate
from surgery, obstetrical procedures, necr opsy or
autopsy and laboratory procedu res, and animal
carcasses exposed to pathogens in research and the
bedding and other waste from such animals, bu t does
Req. No. 1454 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not include teeth or formaldehyde or other
preservative agents, and
d. “sharps”, which includes nee dles, intravenous (IV)
tubing with needles attached, scalpel blades, lancets,
breakable glass tubes , and syringes that have been
removed from their or iginal sterile containers ;
5. “Health care facility ” means any nonfederal institution,
building, or agency or portion thereof, whether public o r private or
for profit or nonprofit, that is used, operated , or designed to
provide health services, medical tr eatment, or nursing,
rehabilitative, or preventive care to any person or persons. This
includes, but is not limited to: ambulatory surgical fa cilities,
hospitals, infirmaries, intermediate care facilities , kidney
dialysis centers, long -term care facilities, mental health centers,
outpatient facilities, public health centers, rehabilitation
facilities, residential treatments facilities, skilled n ursing
facilities, special care facilities, medical laboratori es, and adult
day-care centers. This also include s, but is not limited to, the
following related property when used for or in connection with the
foregoing: laboratories; research facilities; pharmacies; laundry
facilities; health personnel training and lodging facilities;
patient, guest, and health per sonnel food service facilities; and
offices and office buildings for persons engaged in health care
professions or services;
Req. No. 1454 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. “Health care provider” means any person or entity who
provides health care se rvices including, but not limited to,
physicians, pharmacists, dentists, physician assistants, nurse
practitioners, registered and other nurses, paramedics, emergency
medical or laboratory techn icians, and ambulance and emergency
medical workers;
7. “Infectious disease” means a disease caused by a living
organism or other pathogen , including a fungus, bacillus, parasite,
protozoan, or virus. An infectious d isease may, or may not, be
transmissible from person to person, animal to person, or insect to
person;
8. “Isolation” means the physical separation a nd confinement of
an individual or groups of individuals who are infected or
reasonably believed to be inf ected with a transmissible or possibly
transmissible disease from nonisolated individuals, to preven t or
limit the transmission of the disease to noni solated individuals;
9. “Mental health support personnel ” means, but is not limited
to, psychiatrists, ps ychologists, social workers , and volunteer
crisis counseling groups;
10. “Protected health informat ion” means any information,
whether oral, written, electronic, visual, or any other form, that
relates to the past, present , or future physical or mental he alth
status, condition, treatment, ser vice, products purchased , or
provision of care of an individua l, and that reveals the identity of
Req. No. 1454 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the individual whose health care is the subject of the information,
or where there is a reasonable basis to believe such information
could be utilized either alone or with other information that is, or
should reasonably be known to be, available to predictable
recipients of such information to reveal the identity of that
individual;
11. “Public health authority ” means the Oklahoma State
Commissioner of Health; or local health department that acts
principally to protect o r preserve the health of the public; or any
person directly authorized to act on behalf of the Oklahoma State
Commissioner of Health or local health departm ent;
12. “Public safety authority ” means the Commissioner of Public
Safety; or any local government agency that acts principally to
protect or preserve the public safety; or any person directly
authorized to act on behalf of the Commissioner of Public Saf ety or
local agency;
13. “Quarantine” means the physical separation and confinement
of an individual or groups of individuals, who are or may have be en
exposed to a transmissible or possibly transmissible disease and who
do not show signs or symptoms of a transmissible disease, from
nonquarantined individuals, to prevent or limit the transmission of
the disease to nonquarantined individuals;
Req. No. 1454 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
14. “Specimens” means, but is not limited to, blood, sputum,
urine, stool, other bodily fluids, wastes, tissues , and cultures
necessary to perform requir ed tests;
15. “Tests” means, but is not limited to, any diagn ostic or
investigative analyses necessary to preve nt the spread of disease or
protect the health, safety , and welfare of the public;
16. “Transmissible disease” means an infectious disease that
can be transmitted from person to person; and
17. “Trial court” means the district court for the area in
which isolation or quarantine is to occur, a court designated by the
Public Health Emergency Plan under the Cat astrophic Health Emergency
Powers Act, or to the district court for the area in which a
catastrophic health emergency has been declared.
SECTION 2. This act shall become effective Novem ber 1, 2021.
58-1-1454 MR 1/21/2021 9:24:32 PM