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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 255 By: Dahm
AS INTRODUCED
An Act relating to prevention and control of di sease;
defining terms; specifying appli cability of act;
authorizing conduction of contact tracing under
certain conditions; providing for qualifications and
training requirements for contact tracers; requiring
execution and maintenance of certain sworn aff idavit;
prohibiting certain discl osure of identity; limiting
collection of data; prohibiti ng production of contact
data under subpoena except under certain conditions;
imposing certain requirements relating to contact
data; specifying con fidentiality of contact data;
stating voluntary nature of contact tracing;
providing certain liability prote ctions; prohibiting
certain use of location data; allowing individual to
voluntarily authorize use of location data for
specified purpose; prohibiting c ertain collection,
maintenance and obtainment of cert ain data; providing
exceptions; directing implementation and maintenance
of certain procedures; requiring destruction of
certain contact data through specified means;
providing for certain civil action; creating
misdemeanor offense; specifying that actions and
remedies are cumulative; directing promulgatio n of
rules; amending the Oklahoma Open Records Act;
providing exception; providing for codification; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 1-508.1 of Title 63, unless
there is created a duplication in numbering , reads as follows:
As used in this act:
1. “Contact” means an individual who i s known to have
associated with an infected individ ual and who has the opportunity
to become infected;
2. “Contact data” means information collected through contact
tracing. The term includes names or medical, epidemiological,
individual mobility or other data;
3. “Contact tracer” means a person employe d, contracted, or
engaged by the State Department of Health, a county health
department or a city-county health department to conduct contact
tracing;
4. “Contact tracing” means identifying individuals who may have
been exposed to an infected individual f or the purpose of containing
the spread of a communicable disease by notifying a contact of the
exposure and need for testing and self-quarantine; and
5. “Infected individual” means an individual known or
reasonably suspected to be infected with a communi cable disease.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 1-508.2 of Title 63, unless
there is created a duplication in numbering, re ads as follows:
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A. This act shall not apply to a law enforcement agency or
peace officer.
B. This state, a political subdivision of this state , or an
agent of this state or of a political subdivision of this state may
conduct contact tracing only in accordance with this act.
C. Subject to the availability of funds, the State Department
of Health, a county health department or a city-county health
department may employ, contract for, or engage the services of
contact tracers if the department determines that contact tracing is
necessary to perform a public health duty required by law.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-508.3 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Commissioner of Health by rule shall prescribe
qualification and training requirements for contact tracers to
ensure contact tracers comply with this act. A contact tracer shall
not conduct contact tracing und er this act unless the contact tracer
satisfies the qualification and training requirements prescribed by
rules of the Commissioner.
B. Before collecting any contact data, a contact tracer shall
execute a sworn affidavit in the form prescribed by the State
Department of Health acknowledging the contact tracer’s familiarity
with the requirements of this act, including confidentiality.
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C. The State Department of Health, a county health department
or a city-county health department employing, contracting with or
engaging the services of a contact tracer shall maintain a copy of
the contact tracer’s affidavit until the later of:
1. The first anniversary of the date the cont act tracer’s
duties end; or
2. The date the retention period for the affidavit expires
under an applicable records re tention schedule.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-508.4 of Title 63, unless
there is created a duplicati on in numbering, reads as follows:
A. A contact tracer shall not disclose to a contact the
identity of an infected individual.
B. A contact tracer may collect only contact data specifically
authorized by rules of the Commissioner.
C. The State Department of Health, a county health department,
a city-county health department or a contact tracer shall not
produce contact data under a subpoena unless the subpoena is:
1. Issued by a court; and
2. Accompanied by a valid prote ctive order preventing further
disclosure of the data.
D. The State Department of Health, a county health department,
a city-county health department or a contact tracer:
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1. Shall use contact data for contact tracing purposes only and
is prohibited from using the contact data for any other purpose;
2. Shall ensure the contact data remains confidential;
3. Shall not release or disclose the contact data unless the
release or disclosure:
a. is necessary to conduct contact tracing , and
b. complies with the laws of this state governing
prevention and control of disease including, but not
limited to, Section 1-501 et seq. of Title 63 of the
Oklahoma Statutes; and
4. Shall ensure the contact data is safely and securely
destroyed in accordance with department rule when the contact data
is no longer necessary for contact tracing .
E. Contact data collected unde r this act shall be confidential
and shall not be subject to disclosure under the Oklahoma Open
Records Act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-508.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Department of Health, a county health department,
a city-county health department or a contact tracer shall not
require an individual to participate i n contact tracing or prohibit
an individual from participating in contact tracing.
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B. A contact or infected individual who in good faith discloses
to a contact tracer information requested by the contact tracer in
accordance with this act is not criminally or civilly liable for the
disclosure.
C. A contact or infected individual who fails to participate in
contact tracing is not criminally or civilly liable for the failure
to participate.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 1-508.6 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Except as provided by subsection B of this s ection, the
State Department of Health, a county health department, a city-
county health department or a contact tracer shall not use location
data obtained from a cell phone , or other device through which
personal wireless services are transmitted, to identify or track
directly or indirectly the movement of individuals for contact
tracing purposes.
B. An individual may voluntarily elect to authorize the State
Department of Health, a county health department, a city-county
health department or a contact tracer to utilize the individual’s
location data for contact tracing pu rposes.
C. A contact tracer shall not require a third party to collect
or maintain location data regarding contacts or infected individuals
for contact tracing purposes.
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D. Except as provided by subsection E of this se ction, a
contact tracer shall not obtain contact data related to a contac t or
infected individual from a third party.
E. A contact tracer may obtain contact data voluntarily
collected and maintained by a third party only if:
1. The third party provides t he data to the contact tracer
voluntarily and with the consent of the inf ected individual or
contact whose information is disclosed; or
2. The data is provided pursuant to a valid warrant.
F. The State Department of Health, a county health department
or a city-county health department shall implement and maintain
reasonable procedures including any appropriate corrective action to
protect from unlawful use or disclosure any contact data collected
or maintained by the department under this act.
G. The State Department of Health, a county health department
or a city-county health department shall destroy or arrange for the
destruction of contact data the department is not required to retain
that is within the department’s custody or control by shredding,
erasing or otherwise modifying the contact data to ensure it is
unreadable or indecipherable through any means.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-508.7 of Title 63, unless
there is created a duplication in numbe ring, reads as follows:
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A. A person may bring a civil action to enjoin a violation of
this act.
B. A person commits an offense if the person knowingly violates
this act. An offense under this subsection shall be a misdemeanor.
C. The actions and remedi es provided by this act are not
exclusive and are in addition to any other action or remedy provided
by law.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1-508.8 of Title 63, unless
there is created a duplication in numbering , reads as follows:
The State Commissioner of Health shall adopt rules necessary to
implement this act.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 24A.33 of Title 51, unless there
is created a duplication in numbering , reads as follows:
Contact data collected by the State Department of Health, a
county health department, a city -county health department or a
contact tracer under this act shall be co nfidential and may be kept
confidential by the department.
SECTION 10. It being immediately necessary for the pr eservation
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 p assage and approval.
58-1-1274 DC 1/4/2021 3:51:33 PM