An Act
ENROLLED SENATE
BILL NO. 406 By: Garvin of the Senate
and
Boles and McEntire of the
House
An Act relating to the University Hospitals
Authority; amending 10 O.S. 2011, Section 175.12, as
amended by Section 32, Chapter 304, O.S.L. 2012 (10
O.S. Supp. 2020, Section 175.12), which relates to
Children’s Hospital of Oklahoma ; modifying name;
modifying purpose of hospital; deleting provisions
relating to payment; updating managing entity;
amending 10 O.S. 2011, Section 1150.3 , which relates
to Child Death Review Board; modifying names of
certain facility and certain e ntity; amending 56 O.S.
2011, Section 300, which relates to Oklahoma Medical
Center; modifying name of certain facility; allowing
University Hospitals A uthority to designate other
names; amending 57 O.S. 2011, Section 509.6 , which
relates to special correctional unit for elderly,
disabled and sick inmates ; modifying name of certain
facility; amending 63 O.S. 2011, Section 2654.2,
which relates to Oklahoma Poison Control Center;
deleting language relating to location, contracts and
implementation; amending 63 O.S. 2011, Section 3202,
as amended by Section 1, Chapter 495, O.S.L. 2019 (63
O.S. Supp. 2020, Section 3202), which relates to
definitions; modifying definitions; authorizing
Authority to assign certain facilities to cer tain
entities; prohibiting certain use of titles without
permission; amending 63 O.S. 2011, Section 3204, as
amended by Section 3, Chapter 495, O.S.L. 2019 (63
O.S. Supp. 2020, Section 3204) , which relates to
transfer of property; modifying names of certain
facilities; amending 63 O.S. 2011, Section 3206,
which relates to Children ’s Hospital; modifying name;
ENR. S. B. NO. 406 Page 2
broadening certain authority; amending 63 O.S. 2011,
Section 3224, as last amended by Section 8, Chapter
495, O.S.L. 2019 (63 O.S. Supp. 2020, Section 3224) ,
which relates to University Hospitals Trust;
clarifying name of certain facility; amending 68 O.S.
2011, Section 302-1, which relates to taxation of
cigarettes; updating certain fund; amending Section
3, Chapter 394, O.S.L. 2013, as last amended by
Section 1, Chapter 10, 2nd Extraordinary Sess ion,
O.S.L. 2018 (70 O.S. Supp. 2020, Section 18 -114.14),
which relates to salary of school employees;
clarifying location and manag ing entity of certain
facility; amending 70 O.S. 2011, Section 3307, which
relates to University Hospital Psychiatry and
Neurology Service; modifying definition; updating and
clarifying language; mak ing language gender-neutral;
amending 72 O.S. 2011, Section 356 , which relates to
cooperative program for referral and screening of
veterans; modifying names of certain facilities;
repealing 10 O.S. 2011, Section 175.13, which relates
to Oklahoma Medical Center Disbursing Fund; and
providing an effective date.
SUBJECT: University Hospitals Authority
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 175.12, as
amended by Section 32, Chapter 304, O.S.L. 2012 (10 O.S. Supp. 2020,
Section 175.12), is amended to read as follows:
Section 175.12. (a) A. The Oklahoma Children’s Hospital of
Oklahoma, including its clinics and laboratories , is hereby
designated as a service institution for the physically handicapped
children of this state, which also serv es persons under twenty-one
(21) years of age and shall ha ve the authority to extend services to
persons twenty-one (21) years or older . The Oklahoma Children ’s
Hospital shall also serve as a teaching and training hospital for
the School of Medicine of the University of Oklahoma . Payment for
ENR. S. B. NO. 406 Page 3
services by the Commis sion to the Children’s Hospital of Oklahoma
shall be based on the actual per diem cost of patient care exclusive
of professional instructional expense. In the event that the
Commission and Board of Regents of the University o f Oklahoma cannot
agree on a per diem charge for patients of the Commission, the
Director of the Office of Management and Enterprise Services, with
the approval of the Governor, is hereby authorized to establish a
rate of pay which shall prevail. The Chil dren’s Hospital of
Oklahoma shall grant the Commission a priority in the assignment of
hospital services, which are to be distributed as equita bly as is
possible among the counties of this state .
(b) B. The Commission University Hospitals Authority shall be
obligated, insofar as pract icable, to use the available facilities
of the Oklahoma Children’s Hospital of Oklahoma to a degree that
will enable the University of Oklahoma School of Medicine to
maintain its proper patient ratio for accreditation; Provided
provided, that this provisio n shall not cause undue hardship to a
patient.
SECTION 2. AMENDATORY 10 O.S. 2011, Section 1150.3, is
amended to read as follows:
Section 1150.3. A. The Child Death Review Board sh all be
composed of twenty-seven (27) members, or their designees, as
follows:
1. Fourteen of the members shall be:
a. the Chief Medical Examiner,
b. the Director of the De partment of Human Services, or a
designee, provided the designee shall be a person
assigned to the Child Welfare Division of the
Department,
c. the State Commissioner of Health,
d. the Director of the Office of Child Abuse Prevention,
e. the Director of the Oklahoma Commission on Children
and Youth,
ENR. S. B. NO. 406 Page 4
f. the Chief Child Abuse Medical Examin er,
g. the Chief of Maternal and Child Health Services of the
State Department of Health,
h. the Commissioner of Mental Health and Substance Abuse
Services,
i. the Chair of the Child Protection Committee Team of
the Oklahoma Children’s Hospital of Oklahoma,
j. the Director of the Office of Juvenile Affa irs,
k. the Chief of Injury Prevention Services of the State
Department of Health,
l. the State Epidemiologist of the State Department of
Health,
m. the Director of the Oklahoma State Bureau of
Investigation, and
n. the Chief Executive Officer of the Oklah oma Health
Care Authority; and
2. Thirteen of the members shall be appoint ed by the Director
of the Oklahoma Commission on Children and Youth, shall serve for
terms of two (2) years, and shall be eligible f or reappointment.
The members shall be persons h aving training and experience in
matters related to the abuse or neglect of a child. The appointed
members shall include:
a. a law enforcement officer selected from lists
submitted by the executive boards of organizations
representing sheriffs and peace o fficers in this
state,
b. an attorney licensed in this state who is in priv ate
practice selected from a list submitted by th e
executive board of the Oklahoma Bar Association,
ENR. S. B. NO. 406 Page 5
c. a district attorney select ed from a list submitted by
the District Attorney ’s Council,
d. a physician selected from lists submitted by statewide
organizations representing physicians in this state,
e. a physician selected from lists submitted by statewide
organizations representi ng osteopathic physicians in
this state,
f. a member of the State Post-Adjudication Review
Advisory Board,
g. a social worker selected from a list submitted by each
organization representing social workers,
h. an individual selected from lists submitted by
Oklahoma court-appointed special advocate
associations,
i. a psychologist selected from lists submitted by
Oklahoma psychologica l associations,
j. a member of a Native American Tribe involved in the
area of protection of Native American children
selected from a list submitted by the Oklahoma Indian
Affairs Commission,
k. an individual selected from lists submitted by
Oklahoma coalitions or associations against domestic
violence and sexual assault,
l. a pediatric physician selected from lists submitt ed by
organizations of pediatric physicians or osteopaths,
and
m. a member of an emergency medical technicians
association.
B. Every two (2) years the Board shall elect from among its
membership a chair and a vice-chair. The Board shall meet at least
quarterly and may meet more frequently as necessary as determine d by
ENR. S. B. NO. 406 Page 6
the chair. Members shall serve without compensation but may be
reimbursed for necessary travel out of funds available to the
Commission pursuant to the State Travel Reimbursement Act; pro vided,
that the reimbursement shall be paid in the case of stat e employee
members by the agency employing the member.
C. With funds appro priated or otherwise available for that
purpose, the Commission shall provide administrative assistance and
services to the Child Death R eview Board.
SECTION 3. AMENDATORY 56 O.S. 2011, Section 300, is
amended to read as follows:
Section 300. The Oklahoma Medical Center shall include the
University Hospital, the Oklahoma Children’s Hospital of Oklahoma,
the O’Donaghue Rehabilitation Institution, the Child S tudy Center,
and any other institutions operated by a private entit y under a
joint operating agreement in which any of the state institutions
listed in this section are leased to a private e ntity pursuant to
the University Hospitals Authority Act . The University Hospitals
Authority may, at its discretion, designate other names under which
the Oklahoma Medical Center may operate.
SECTION 4. AMENDATORY 57 O.S. 2011, Section 509.6, is
amended to read as follows:
Section 509.6. The Department of Corrections is authorized,
pursuant to the Board of Corrections resolution on May 22, 1998 and
subject to legislative appropriation, to establish a special
correctional unit expansion at the Joseph Harp Correctional Center
in Lexington, Oklaho ma, designed solely for the imprisonment of
elderly persons, physically disabled persons, persons in need of
infirmary care, and persons in need of specialized care or treatme nt
as an outpatient in the Oklahoma City Metropolitan area in the
custody of the Department. The Department shall consider the unique
needs of the elderly offender and th e physically disabled offender
when designing the unit or renovating an existing unit for this
purpose and when implementing any program or service for such
persons.
Only the following offenders shall be eligible for placement in
the facility:
ENR. S. B. NO. 406 Page 7
1. Persons age fifty-five (55) years or older who are deemed
not suitable for placement in the g eneral population of another
facility;
2. Persons who are physically disabled up on reception into the
custody of the Department, or who become physically disabled during
the term of their incarceration within the custody of the
Department, and whose disab ility requires the continuous use of a
wheelchair or other special equipment, or whose disability requires
special assistance, services or accommodations which another
facility is not designed or equipped to meet;
3. Persons requiring an infirmary with tw enty-four-hour nursing
care; and
4. Persons having appointments or other needs f or medical
services which are provided at Griffin Memorial Hospital, Oklahoma
Memorial University Hospital or other medical facilities in the
Oklahoma City metropolitan area a nd that are coming from and
returning to other Department correctional facilities .
SECTION 5. AMENDATORY 63 O.S. 2011, Section 2654.2, is
amended to read as follows:
Section 2654.2. There is hereby created the Oklahoma Poison
Control Center within Children’s Hospital of Oklahoma. The
University Hospitals Authority shall contract with the University of
Oklahoma Health Sciences Center College of Pharmacy for the
implementation of this act . The purpose of the center is to
implement a statewide emergency poison and drug information program
designed and structured to deliver reliable, accurate, qualified
professional judgment s and responses to requests for emergency
poison and drug information data.
SECTION 6. AMENDATORY 63 O.S. 2011, Section 3202, as
amended by Section 1, Chapter 495, O.S.L. 2019 (63 O.S. Supp. 2020,
Section 3202), is amended to read as follows:
Section 3202. A. As used in the University Hospitals A uthority
Act:
ENR. S. B. NO. 406 Page 8
1. “University Hospitals” include the Oklahoma Memorial
Hospital, which shall be renamed University Hospital; the, Oklahoma
Children’s Hospital of Oklahoma; the Child Study Center ; and the
O’Donoghue Rehabilitation Institute and any and all inpatient and
outpatient hospital and clinica l facilities and office and research
buildings, facilities or property owned by or under the management
and control of the University Hospitals Authority or the University
Hospitals Trust;
2. “Authority” means the University Hospitals Authority;
3. “Department” means the Department of Human Services;
4. “Commission” means the Commission for Human Services or the
Oklahoma Public Welfare Commission;
5. “University Hospital” means Everett Tower and the North
Pavilion, which have been r enamed as Children’s Hospital at the
University of Oklahoma Medical Cent er the inpatient and outpatient
hospital and clinical facilities and office and resear ch buildings,
facilities or property assigned for the use of University Ho spital
by the University Hospitals Authority; and
6. “Oklahoma Children’s Hospital of Oklahoma” means the
Bielstein, Garrison, Nicholson and MRI towers which are no longer
being used as hospitals inpatient and outpatient hospital and
clinical facilities a nd office and research b uildings, facilities or
property assigned for the use of Oklahoma Childr en’s Hospital by the
University Hospitals Authority. Any statutory reference to
“Children’s Hospital of Oklahoma ” or “Children’s Hospital” shall be
construed to refer to Oklahoma Chil dren’s Hospital as defined in
this section.
B. The University Hospitals Authority may assign any inpatient
and outpatient hospital and clinical facilities, research buildings,
facilities or property and any other buildings, facilit ies or
property under its ownership or management and control to University
Hospital, Oklahoma C hildren’s Hospital or any other division or
entity which is part of University Hospitals .
C. No person or entity shall use the title “Oklahoma Children’s
Hospital” or “Children’s Hospital of Oklahoma” for any purpose
ENR. S. B. NO. 406 Page 9
without the express permission of the University Hospitals Trust.
No person or entity shall use the title “Children’s Hospital” with
respect to Children’s Hospital of Oklahoma as de fined in this
section without the expres s permission of the University Hospitals
Trust.
SECTION 7. AMENDATORY 63 O.S. 2011, Section 3204, as
amended by Section 3, Chapter 495, O.S.L. 2019 (63 O.S. Supp. 2020,
Section 3204), is amended to read as follows:
Section 3204. A. Until July 1, 1993, the University Hospitals
shall be under the jurisdiction, supervision, mana gement and control
of the Department of Human Services and the Commission for Human
Services.
B. Effective July 1, 1993, the University Hospitals are hereby
transferred from the Department of Human Services and the Commission
for Human Services to the Uni versity Hospitals Authority.
C. The transfer shall include :
1. All powers, duties, responsibilities, properties, assets,
fund balances, encumbrances, obligations, r ecords, personnel and
liabilities, including, but not limited to, liability for all
University Hospital employees’ sick leave, annual leave, holidays ,
unemployment benefits a nd workers’ compensation benefits accruing to
employees prior to July 1, 1993, whi ch are attributable to the
University Hospitals; provided, however, that any claims arisin g
under the Governmental Tort Claims Act and filed prior to July 1,
1993, and from any other actions filed prior to July 1, 1993, shall
remain the responsibility of t he Department of Human Services and
the Commission for Human Services. All claims arising prior to July
1, 1993 and for which no action has been fil ed shall be paid by the
Risk Management Program;
2. Oklahoma Children’s Hospital of Oklahoma and all buildings
and appurtenances located on land which is described as follows:
Blocks B, 3, 4, 12 and 13, and the North 30 feet of Block 14; and
Lots 6 through 15, Bl ock 21, CULBERTSON HEIGHTS ADDITION less and
except the West 7 feet of Lot 5 and all of Lots 6 th rough 19, and
the East 5 feet of Lot 20 and the North 59.5 feet of Lots 21 through
26, and the North 59.5 feet of the West 49.5 feet of Lot 27, all in
ENR. S. B. NO. 406 Page 10
Block 13, CULBERTSON HEIGHTS ADDITION to the City of Oklahoma City,
Oklahoma, and also less and except th e West 106 feet of the vacated
Northeast 12th Street abutting said Block 13; and a part of Block
20, CULBERTSON HEIGHTS ADDITION and a part of the alleys adjac ent
thereto, and a part of the SW 1/4, Section 26, T12N, R3W, I.M., and
a part of the SE 1/4, Sec . 27, T12N, R3W, I.M., Oklahoma County,
Oklahoma, and a part of vacated Kelley Avenue adjac ent thereto, more
particularly described as follows: Commencing at the NE corner of
Block 20, CULBERTSON HEIGHTS ADDITION, Oklahoma City, Oklahoma,
thence S. 0 degrees 03’ 34” E. and along the East line of said Block
20 and along the West Right -of-Way line of Stonewall Avenue a
distance of 10 ft. to the point or place of beginning; thence
continuing S. 0 degrees 03’ 34” E. and along the East line of said
Block 20 and along the West Right -of-Way line of Stonewall Avenue a
distance of 341.27 ft., thence N. 8 9 degrees 54’ 35” W. a distance
of 520.10 ft., thence N. 0 degrees 1 1’ 08” E. a distance of 18.0
ft.; thence N. 89 degrees 48’ 52” W. a distance of 12.0 ft.; thence
N. 0 degrees 11’ 08” E. a distance of 6 ft.; thence N. 89 degrees
48’ 52” W. a distance of 21.5 ft., thence N. 0 degrees 11’ 08” E. a
distance of 22.5 ft., the nce N. 89 degrees 48’ 52” W. a distance of
286.5 ft., thence N. 89 degrees 48 ’ 52” W. a distance of 27.00 feet;
thence N. 0 degrees 12 ’ 03” E. a distance of 72.50 feet; thence N.
89 degrees 48’ 51” W. a distance of 25.65 feet; thence N. 23 degrees
29’ 12” W. a distance of 250.50 feet to a point on the South Right-
of-Way line of N.E. 13th Street; thenc e S. 89 degrees 48’ 51” E. and
along the South Right -of-Way line of N.E. 13th Street a dist ance of
649.76 feet; to a point in the East line of said SE 1/4 of S ection
27, T12N, R3W, thence S. 0 degrees 06’ 23” W. along the East line of
said Section 27, a di stance of 10.0 ft., thence N. 89 degrees 33 ’
42” E. and parallel to and 10 ft., South of th e North line of said
Block 20 of said CULBERTSON HEIGHTS ADDITION a distance of 342.10
ft. to the point or place of beginning; and
3. a. Oklahoma Memorial University Hospital and all
buildings and appurtenances located on land which is
described as follows : A part of the South Half of the
Southeast Quarter of Section 27, T12N, R3W o f the
Indian Meridian AND a part of the North Half of the
Northeast Quarter of Sectio n 34, T12N, R3W, of the
Indian Meridian, all in Oklahoma County, Oklahoma,
more particularly described as follows: Beginning at
the Southwest corner of Block 13, HOWE ’S CAPITOL
ENR. S. B. NO. 406 Page 11
ADDITION; thence N. 0 degrees 10’ 36” E. along the
East line of Phillips Avenu e a distance of 674.64 feet
to a point on the South line of Northeast 13th Street;
thence S. 89 degrees 48’ 51” E. along the South line
of said Northeast 13th Street a dis tance of 620.30
feet; thence S. 23 degrees 29’ 12” E. a distance of
250.50 feet; thence S. 89 degrees 48’ 51” E. a
distance of 25.65 feet; thence S. 0 degrees 12 ’ 03” W.
a distance of 72.50 feet; thence S. 89 degrees 48’ 51”
E. a distance of 27.00 feet; th ence S. 00 degrees 12’
03” W. a distance of 443.57 feet; thence S. 89 degrees
43’ 03” E. a distance of 32.95 feet; thence S. 00
degrees 14’ 28” W. along the East line of a retai ning
wall a distance of 733.66 feet to a point on the South
line of Block 1 of OAK PARK ADDITION; thence S. 89
degrees 52’ 55” W. along the South line of Blocks 1
and 7 of OAK PARK ADDITION a distance of 810.11 feet
to the Southwest corner of said Block 7; thence N. 00
degrees 10’ 36” E. along the West line of said Block
7, OAK PARK ADDITION a distance of 213.87 feet; thence
N. 89 degrees 49’ 24” W. a distance of 3.4 0 feet;
thence N. 00 degrees 10 ’ 36” E. along the West line of
Block 24, HOWE’S CAPITOL ADDITION a distance of 190.00
feet; thence S. 89 degrees 49 ’ 24” E. a distance of
8.10 feet; thence N. 00 degrees 10’ 36” E. along the
West line of Block 18, HOWE ’S CAPITOL ADDITION a
distance of 405.00 feet to the Point of Beginning and
containing 1,146,572 S quare Feet or 26.32 Acres more
or less;
b. That portion of the property describ ed in subparagraph
a known as the Research Building shall be transferred
to the Authority, but shall be leased to the
University of Oklahoma for a term of not less than
forty (40) years from the date thereof; and
c. All of Blocks 1 and 2 of Culbertson Heig hts Addition,
and all of Block 3 and Lots 3 through 20 and the North
50 feet of Lots 21 through 38 of Block 12, Oak Park
Addition to the City of Oklahoma City, Oklahoma ,
including the encompassed and abutting portions of the
vacated Northeast 11th Street, Park Place and
ENR. S. B. NO. 406 Page 12
Northeast 10th Street, and the abutting portion of
Everest Avenue and the alley way in Block 12 of the
said Oak Park Addition.
D. Properties to be retained by th e Department of Human
Services include:
1. The Service Center Building and lan d located on: The South
100 feet of Block 12 and all of Block 17, Oak Park Addit ion to the
City of Oklahoma City, Oklahoma , including the encompassed or
abutting portions of va cated Everest Avenue and Northeast 9th
Street. (219,300 sq. ft., 5.03 acres); and
2. The Management Information Division Building and land
located on: The West 7 feet of Lot 5 and all of Lots 6 through 19,
and the East 5 feet of Lot 20 and the North 59. 5 feet of Lots 21
through 26, and the North 59.5 feet of the West 49.5 feet of Lot 27,
all in Block 13, Culbertson Heights Addition to the City of Oklahoma
City, Oklahoma, and also including the West 106 feet of the vacated
Northeast 12th Street abutting s aid Block 13. (82,199 sq. ft., 1.89
acres).
E. Appropriate conveyances shall be executed to effectuate the
transfers specified by subsections B, C and D of this section.
SECTION 8. AMENDATORY 63 O.S. 2011, Section 3206, is
amended to read as follows:
Section 3206. Oklahoma Children’s Hospital of Oklahoma shall
serve as a general hospital and service institution for persons
under twenty-one (21) years of age and shall ha ve the authority to
extend transplant services to persons twenty-one (21) years or
older.
SECTION 9. AMENDATORY 63 O.S. 2011 , Section 3224, as
last amended by Section 8, Chapter 495 , O.S.L. 2019 (63 O.S. Supp.
2020, Section 3224), is amended to r ead as follows:
Section 3224. A. The State of Oklahoma expressly approves the
creation of a public trust to be denominated the “University
Hospitals Trust”, of which the State of Oklahoma shall be the
ENR. S. B. NO. 406 Page 13
beneficiary, provided s uch approval shall be contingent upon the
following conditions being satis fied:
1. Finalizing of the Declaration of Trust;
2. Adoption of the Declaration of Trust by an official ac tion
of the trustees of the Trust;
3. Submission of the Trust for accepta nce of the beneficial
interest and approval as required by Section 177 of Title 60 of the
Oklahoma Statutes; and
4. The approved Declaration of Trust shall:
a. clearly state that th e principal purpose of the
University Hospitals Trust is to effectuate the
purposes of the University Hospitals Authority as
established in the Univ ersity Hospitals Authority Act,
b. except as otherwise provided by law, provide that the
fee simple title to real property held by the
University Hospitals Authority shall not be
transferred, conveyed, or assigned to the University
Hospitals Trust without the express consent of the
Legislature as the gover ning entity of the beneficiary
pursuant to Section 176 of Title 60 of the Oklahoma
Statutes,
c. provide that any indebtedness incur red by the
University Hospitals Trust or the trustees of the
Trust shall not be secured with or create a lien upon
real property to which title is held by the University
Hospitals Authority and shall not involve the bondi ng
capacity of the University Hospi tals Authority,
d. provide that the trust estate of the University
Hospitals Trust shall not include fee simple title to
real property owned by the University Hospitals
Authority,
e. clearly state that the creation of t he University
Hospitals Trust shall n ot in any way reduce, limit or
ENR. S. B. NO. 406 Page 14
interfere with the power granted to the Uni versity
Hospitals Authority in the University Hospi tals
Authority Act,
f. provide that any lease or contract ual agreement
involving use of the r eal property to which title is
held by the University Hospitals Authority and any
improvements thereto shall con tain a provision and
covenants requiring the proper maintenance and upkeep
of the real property and improvem ents,
g. provide that the trustees of the University Hospitals
Trust shall be the acting members of the University
Hospitals Authority as provided i n the University
Hospitals Authority Act, and
h. provide that the trustees of the University Hospitals
Trust shall have the duty to submit an annual report
to the Governor, the Presi dent Pro Tempore of the
Senate and the Speaker of the House of
Representatives. The report shall be submitted by
January 1 of each year and shall include an account of
all operations, actions of the Trust, account o f all
revenue received and disbursed by the Trust for the
previous fiscal year. The report shall also provide a
complete accounting of how the Trust meets its prima ry
function of effectuating the purposes of the
University Hospitals Authority, as establis hed in the
University Hospitals Authorit y Act.
B. The University Hospitals Trust shall require any agreements
which it enters into with any entity pursuant to Secti on 3226 of
this title for the operations of facilities le ased by the University
Hospitals Authority to the Trust to include, but no t be limited to:
1. The inclusion of four of the five members of the Trus t as
four of the five members representing the Stat e of Oklahoma as state
appointees to the governing commit tee created pursuant to a propos ed
agreement;
ENR. S. B. NO. 406 Page 15
2. Binding arbitration shal l not be involved in such agreements
for resolving issues under considerat ion by the governing committee;
and
3. Major decisions shall be resolved by the governing
committee, and approval of any major decision b y the governing
committee must include the a pproval of a majority of the state
appointees and the approval of a majori ty of the members of the
private entity appointees to the governing committee. Major
decisions shall includ e:
a. approval of the annual operating and capital budgets,
b. sale or disposition of assets that individually have a
fair market value over Two Hun dred Fifty Thousand
Dollars ($250,000.00),
c. the termination or transfer or material addition or
material diminution of medical servic es at the
Oklahoma Medical Center related to an d part of a
teaching program of the University of Oklahoma Health
Sciences Center, and
d. other major decisions as may be agr eed upon by the
Trust and the private entity.
C. To the extent it is determined b y legislative enactment that
the Trust has expend ed funds in contravention of its mission as set
forth in this section, the Trust shall remit, upon thirty (30) days’
written notice from the University Hospitals Authority, such sum or
sums to the University Hospitals Authority.
D. In the event the Trust enters into a joint venture or
acquires an interest in a not -for-profit entity to effectuate the
administration of the missio n of the Trust, that entity shall not be
subject to the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act. Any informati on submitted to or compiled by the Trust
with respect to marketing plans, financial statements, trade
secrets, research conce pts, methods or products or any other
proprietary information submitted to or com piled by the Trust,
persons, firms, associations, partnerships, agencies, corporations,
institutions of higher education, no nprofit research institutions or
ENR. S. B. NO. 406 Page 16
other entities shall be confidential, except to the extent that the
person or entity which provided such information or which is the
subject of such information consents to disclosure. Executive
sessions may be held to dis cuss such materials if deemed necessary
by the Trust. The provisions of this subsection shall not apply to
budgetary information re lated to appropriations or the
appropriations process.
E. In addition to the powers and exemptions granted to state
beneficiary public trusts organized under Section 176 et s eq. of
Title 60 of the Oklahoma Statutes, the Trust shall possess all the
statutory powers and exemptions provided to the Universit y Hospitals
Authority.
F. The Trust shall have the authority or may contr act with a
joint operator or with a foundation supp orting the programs of
Oklahoma Children’s Hospital to sell naming rights to pr operty owned
or leased by the Trust, provided procee ds from the sale of naming
rights are used to effectuate the purposes of t he University
Hospitals Authority as established in the University Hospitals
Authority Act and are specifica lly approved by the Tr ust, which
shall have absolute discretion in grantin g or denying naming rights.
Naming rights shall not include any interest in the property by the
purchaser other than the nam ing rights.
SECTION 10. AMENDATORY 68 O.S. 2011, Sect ion 302-1, is
amended to read as follows:
Section 302-1. (a) A. In addition to the tax levied in Section
302 of this title, t here is hereby levied upon the sale, use, gift,
possession, or consumption of cigarettes, as defined in Section s 301
through 325 of this title, within the State of Oklahoma a tax at the
rate of two and one-half (2 1/2) mills per cigarette. Such tax
shall be evidenced by tax stamps as now provided for by law for
other cigarette taxes, except that as to cigarette pac kages of less
than ten cigarettes for free distribution as samples, the tax levied
in this section shall be computed and paid as provided for ot her
cigarette taxes without affixing stamps on each such package.
(b) B. No part of the revenues resulting from th e additional
tax levied in this section shall be used in determining the amount
of cigarette tax collections to be paid into the State of Okl ahoma
ENR. S. B. NO. 406 Page 17
Building Bonds of 1961 Sinking Fund pursuant to the provisi ons of
Sections 57.31 through 57.43 of Title 62 of the Oklahoma Statutes,
into the State of Oklahoma Building Bonds of 1965 Sinking Fund
pursuant to the provisions of Sections 57.51 through 5 7.60 of Title
62 of the Oklahoma Statutes, or into the State of O klahoma
Institutional Building Bonds of 1965 Sinki ng Fund pursuant to the
provisions of Sections 57.61 through 57.73 of Title 62 of the
Oklahoma Statutes.
(c) C. The revenues resulting from the additional tax levied in
this section through June 30, 1968, shall be apportioned by the
Oklahoma Tax Commission a nd transmitted to the State Treasurer, who
shall deposit the same in the State Treasury in a fund to be known
as the “State of Oklahoma Bu ilding Bonds of 1968 Reserve Fund”,
which fund is hereby created. The Legislature shall appropriate
monies from such fund or so much thereof as may be deemed necessary;
first, for the payment of interest and principal upon any bonds
issued for capital imp rovements pursuant to the provisions of
Section 38 of Article X o f the Oklahoma Constitution; second, for
other capital improvements at state institutions; third, for
operating expenses of such ca pital improvements; and fourth, for any
other purposes of st ate government. From and after July 1, 1968,
all revenues resulting from the additional tax levied in this
section, except revenues dedicated to the retirement of the State of
Oklahoma Building Bonds of 1968, Series A, B, C, D and E, or any
refunding of any or all of such series, and except revenues required
to be deposited in the Oklahoma Memorial Hospital Fund University
Hospitals Authority Disbursing Fund , shall be apportioned by the
Oklahoma Tax Commission and transmitted to the State Treasurer, who
shall deposit the same in the General Revenue Fund.
(d) D. The cigarette tax levied in this section shall be
collected and administered in all respects not inconsistent with as
now or hereafter provided for by law for other cigarette taxes now
levied, collected and administered pursuant to the provisions of
Sections 301 through 325 of this title.
SECTION 11. AMENDATORY Section 3, Chapter 394, O.S.L.
2013, as last amended by Section 1, Chapter 10, 2nd Extraordinary
Session, O.S.L. 2018 (70 O.S. Supp. 2020, Section 18-114.14), is
amended to read as follows:
ENR. S. B. NO. 406 Page 18
Section 18-114.14. A. Beginning with the 2018 -2019 school
year, certified personnel, as defined in Section 26 -103 of this
title, in the public schools of Oklahoma shall receive in salary
and/or fringe benefits not less than the amounts specified in the
following schedule:
MINIMUM SALARY SCHEDULE
National
Years of Bachelor’s Board Master’s Doctor’s
Experience Degree Certification Degree Degree
0 $36,601 $37,759 $37,991 $39,381
1 $37,035 $38,193 $38,425 $39,815
2 $37,469 $38,628 $38,859 $40,249
3 $37,904 $39,062 $39,294 $40,684
4 $38,338 $39,496 $39,728 $41,118
5 $38,810 $39,968 $40,200 $41,590
6 $39,273 $40,432 $40,663 $42,054
7 $39,737 $40,895 $41,127 $42,517
8 $40,200 $41,358 $41,590 $42,980
9 $40,663 $41,822 $42,054 $43,444
10 $41,684 $42,844 $43,568 $45,945
11 $42,177 $43,336 $44,061 $46,438
12 $42,670 $43,829 $44,554 $46,931
13 $43,162 $44,322 $45,047 $47,424
ENR. S. B. NO. 406 Page 19
14 $43,655 $44,815 $45,539 $47,916
15 $44,167 $45,327 $46,052 $48,430
16 $44,660 $45,820 $46,545 $48,923
17 $45,153 $46,313 $47,038 $49,416
18 $45,646 $46,806 $47,531 $49,909
19 $46,139 $47,299 $48,024 $50,402
20 $46,652 $47,813 $48,538 $50,917
21 $47,145 $48,306 $49,031 $51,410
22 $47,639 $48,799 $49,524 $51,903
23 $48,132 $49,292 $50,018 $52,397
24 $48,625 $49,785 $50,511 $52,890
25 $50,049 $51,232 $51,971 $54,395
Master’s Degree +
Years of National Board
Experience Certification
0 $39,149
1 $39,583
2 $40,018
3 $40,452
4 $40,886
5 $41,358
ENR. S. B. NO. 406 Page 20
6 $41,822
7 $42,285
8 $42,749
9 $43,212
10 $44,728
11 $45,221
12 $45,713
13 $46,206
14 $46,699
15 $47,212
16 $47,705
17 $48,198
18 $48,691
19 $49,184
20 $49,698
21 $50,192
22 $50,685
23 $51,178
24 $51,671
25 $53,153
B. 1. When determining the Mi nimum Salary Schedule, “fringe
benefits” shall mean all or part of retirement benefits, exc luding
ENR. S. B. NO. 406 Page 21
the contributions made pursuant to subsection A of Section 17-108.1
of this title and the flexible benefit allowance pursuant to Section
26-105 of this title from the flexible benefit allowance funds
disbursed by the State Board of Education and the State Board of
Career and Technology Education pursuant to Section 26 -104 of this
title.
2. If a school district intends to provide retirement benefits
to a teacher such that the teacher ’s salary would be less than the
amounts set forth in the minimum sa lary schedule specified in
subsection A of this section, the district shall be required to
provide written notification to the teacher prior to his or her
employment or, if already employed by the district, n o later than
thirty (30) days prior to the date the district elects to provide
retirement benefits such that the teacher ’s salary would be less
than the minimum salary schedule.
C. Any of the degrees referred to in this section shall be from
a college recognized by the State Board of Education. The Bo ard
shall accept teaching experience from out-of-state school districts
that are accredited by the state board of education or appropriate
state accrediting agency f or the districts. The Board shall accept
teaching experience from out-of-country schools that are accredited
or otherwise endorsed by the appropriate national or regional
accrediting or endorsement authority. Out -of-country certification
documentation in a language other than English shall be ana lyzed by
an educational credential evaluation se rvice in accordance with
industry standards and guidelines and approved by the State
Department of Education. The person seeking to have credit granted
for out-of-country teaching experience shall be respons ible for all
costs of the analysis by a credenti al evaluation service. The Board
shall accept teaching experience from primary and secondary schools
that are operated by the United States Department of Defense or are
affiliated with the United States Depa rtment of State.
D. For the purpose of state sa lary increments and retirement,
no teacher shall be granted credit for more than five (5) years of
active duty in the military service or out -of-state or out-of-
country teaching experience as a certified teac her or its
equivalent. Nothing in this section shall prohibit boards of
education from crediting more years of experience on district salary
schedules than those allowed for state purposes.
ENR. S. B. NO. 406 Page 22
E. The State Board of Education shall recognize, for purposes
of certification and salary increments, all the ye ars of experience
of a:
1. Certified teacher who teaches in the educational program of
the Department of Corrections, beginning with fiscal year 1981;
2. Vocational rehabilitation counselor under the Depart ment of
Human Services if the counselor was empl oyed as a certified teacher
by the State Department of Education when the Division of Vocational
Rehabilitation was transferred from the State Board of Career and
Technology Education or the State Board of Ed ucation to the Oklahoma
Public Welfare Commissio n on July 1, 1968;
3. Vocational rehabilitation counselor which were completed
while employed by the Department of Human Services if such counselor
was certified as a teacher or was eligible for certificatio n as a
teacher in Oklahoma;
4. Certified teache r which were completed while employed by the
Department of Human Services Child Study Center located at
University Hospital, if the teacher was certified as a teache r in
Oklahoma; and
5. Certified school psy chologist or psychometrist which were
completed while employed as a doctoral in tern, psychological
assistant, or psychologist with any agency of the State of Oklahoma
if the experience primarily involved work with persons of school- or
preschool-age and if the person was, at the time the experience was
acquired, certified as, or elig ible for certification as, a school
psychologist or psychometrist.
F. The provisions of this section shall not apply to teachers
who have entered into postretirement employment with a public school
in Oklahoma and are still recei ving a monthly retirement benefit.
G. If a person employed as certified personnel, as defined in
Section 26-103 of this title, by a school district during the 2017-
2018 school year was receiving a salar y above the step level
indicated by the State Minimu m Salary Schedule for the 2 017-2018
school year, the person shall receive a salary increase amount equal
ENR. S. B. NO. 406 Page 23
to the amount indicated in subsection A for the step lev el indicated
for the person, provided they remain employed by the same district,
unless the hours or the duties of the cer tified personnel are
reduced proportionately.
SECTION 12. AMENDATORY 70 O.S. 2011, Section 3307, is
amended to read as follows:
Section 3307. A. It shall be the policy of the State and is
the intent of this section to provide the citizens of Oklahoma with
a diagnostic and remedial psychiatry and neurology s ervice, to
provide the School of Medicine of the University of Oklahoma with a
means of furnishing professional education and research in
psychiatry and neurology, to provide for the administration and us e
of the facilities, located in the University Hospi tal, for this
purpose.
(a) B. The following terms when used in this section shall mean
as herein defined:
(1) 1. “University Hospital Hospitals” shall mean the Oklahoma
Memorial Hospital of the Oklahoma Medical Center . include University
Hospital, Oklahoma Ch ildren’s Hospital and any and all inpatient and
outpatient hospital and clinical facilities a nd office and research
buildings, facilities or property owned by or under the management
and control of the University Hospitals Authority or the University
Hospitals Trust;
(2) 2. “Psychiatry and Neurology Service ” shall mean the
diagnostic and therapeu tic service for mental patients established
in the psychiatric and neurological facilities of the University
Hospital.;
(3) 3. “Psychiatric and neurological faci lities” shall mean the
psychiatry and neurology unit of the University Hospital and such
ancillary facilities as may be necessary for its operation.;
(4) 4. “Chief” shall mean the Chief of the Psychiatry and
Neurology Service.;
(5) 5. “School of Medicine” shall mean the School of Medicine
of the University of Oklahoma Medical Cent er.; and
ENR. S. B. NO. 406 Page 24
(6) 6. “Board” shall mean the Board of Regents of the
University of Oklahoma.
(b) C. The psychiatry and neurology unit (commonly called the
neuro-psychiatric unit) of the University Hospital shall be such
clinics and laboratories of the University Hospital as may be
required, together with the psychiatric and neurological facilities
of the School of Medicine and the University Hospital.
D. The Board shall establish a Psychiatry and Neurology Service
in the psychiatric and neurological facilities, to be used as a
training and research unit for the teaching of psychiatry and
neurology. The Service shall be established and operated under such
conditions and terms as ma y be instituted by the School of Medicine
and University Hospital with the approval of the Board and subject
to the provisions of this section.
(c) E. The Board shall appoint a full time Chief of Psychiatry
and Neurology Service. The Chief of Psychiatry and Neurology
Service shall be:
(1) He shall be licensed 1. Licensed to practice medicine in
this state and shall be qualified to supervise residency training
and shall meet the standards established by the American Board of
Psychiatry and Neurology or it s successor.;
(2) He shall be appointed 2. Appointed as a member of the
faculty of the School of Medicine in the Department of Psychiatry
and Neurology.; and
(3) He shall be in 3. In charge of the Psychiatry and Neurology
Service, subject to the genera l policies and direction of the
University Hospital administration.
(d) F. The admission of patien ts to the University Hospital
Psychiatry and Neurology Service and the trial release of patients
shall be based on the following criteria .:
(1) 1. Admission shall be on the basis of the teaching needs,
and requirements of the School of Medicine, in accord ance with
regulations approved by the Board.;
ENR. S. B. NO. 406 Page 25
(2) 2. Admission shall be in conformity with the mental heal th
laws providing for the admission of mental pa tients to mental
hospitals.;
(3) 3. “Trial release” from inpatient to outpatient status is
authorized in conformity with the state mental health laws in
recognition of special therapeutic requirements of certain mental
patients as determined by the Chief . Such trial release will shall
be in the custody of the responsible relative or guardian .; and
(4) 4. In case such custody is not assumed by the responsible
relative or guardian within one week after written notice from the
Chief, the patient may be co mmitted or transferred by the Director
of the Department of Mental Health and Substance Abuse Services to
the appropriate state mental hospital.
(e) G. 1. Authority is hereby provide d for the transfer of any
patient of the psychiatri c and neurological fa cilities and services
of the University Hospital to a component facility of the Department
of Mental Health and Substance Abuse Services and for the transfer
of any patient of a compon ent facility of that Department to the
University Hospital psychiatric a nd neurological facilities and
services under such procedures as the Department and the School of
Medicine may adopt, subject to the provisions of this section and
the mental health la ws of this state.
(1) 2. The transfer of such patien ts shall be for the following
purposes:
a. to provide necessary patients for the teaching of
diagnosis and therapy of ment al illness, according to
the needs of the School of Medicine,
b. to make special diagnostic and/or therapeutic measures
available to the patients, and
c. to maintain the Psychiatry and Neurology Service of
the University Hospital as a short term diagnostic and
therapeutic facility.
ENR. S. B. NO. 406 Page 26
(2) 3. The procedure for transfer of patients provided for in
Paragraph (d), subparagraph (4) and this paragraph this subsection
and in paragraph 4 of subsection F of this section shall be
determined by a board of three (3) memb ers, one each to be appointed
by the Director of the Department of Mental Health and Substance
Abuse Services, the Superintendent of the University Ho spital, and
the State Commissioner of Health.
(f) H. The discharge of certified patients from the Psychia try
and Neurology Service shall be determined by the consensus of a
board of three (3) members from the Department of Psychiatry and
Neurology, including the Chief. The Chief shall notify the court,
which certified the patient originally, that the Board h as concluded
that the patient so certified is mentally well and is being
discharged.
SECTION 13. AMENDATORY 72 O.S. 2011, Section 356, is
amended to read as follows:
Section 356. A. The Department and the health science centers
and other medical facilities of the University of Oklahoma, Oklahoma
Children’s Hospital of Oklahoma, Oklahoma Memorial Hospital ,
University Hospital or the Oklahoma College of Osteopathic Medicine
shall institute a cooperative program to:
1. Refer veterans to appropriate state and federal agencies for
the purpose of filing claims to remedy medical and financial
problems caused by the veteran ’s exposure to chemical defoliants or
herbicides or other causative ag ents, including Agent Orange; and
2. Initiate an education program for health professionals on
the detection, diagnosis and treatment of the sym ptoms associated
with exposure to chemical defoliants or herbicides or other
causative agents, including Agent Orange.
B. The Commissioner shall adopt rules necessary to the
administration of the programs authorized by this section.
SECTION 14. REPEALER 10 O.S. 2011, Section 175.13, is
hereby repealed.
SECTION 15. This act shall become effective November 1, 2021.
ENR. S. B. NO. 406 Page 27
Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 20th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________