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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 709 By: McCortney
AS INTRODUCED
An Act relating to the State Commissioner of Health;
amending 63 O.S. 2011, Section 1-106, which relates
to qualifications; exempting Commissioner from
certain qualifications under certain conditions;
updating language; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -106, is
amended to read as follows:
Section 1-106. A. The State Commissioner of Health sha ll serve
at the pleasure of the State Board of Health Governor, and shall
have skill and experience in public health duties and sanitary
sciences and shall meet at lea st one of the following
qualifications:
1. Possession of a Doctor of Medicine Degree and a license to
practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license
to practice medicine in this state;
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3. Possession of a D octoral degree in Public Health or Public
Health Administration; or
4. Possession of a M aster of Science Degree and a minimum of
five (5) years of supervisory experience in the administration of
health services.
B. The Commissioner shall be exempt from all qualifications
enumerated in subsection A of this section if the Commissioner
possesses at least a master’s degree and has experience in
management of state agencies or large projects.
C. The Commissioner shall have the following powers and duties,
unless otherwise directed by the State Board of Health Governor:
1. Have general supervisio n of the health of the citizens of
the state; make investigations, inquiries and studies concerning the
causes of disease and injury, and especially of epidemics, and the
causes of mortality, and the effects of localities, employment,
conditions and circum stances on the public health; investigate
conditions as to health, sanitation and safety of schools, prisons,
public institutions, mines, public conveyances, camps, pl aces of
group abode, and all buildings and places of public resort, and
recommend, prescribe and enforce such measures of health, sanitation
and safety for them as the Commissioner deems advisable; take su ch
measures as deemed necessary by the Commissioner to control or
suppress, or to prevent the occurrence or spread of, any
communicable, contagious or infectious disease, and provide for the
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segregation and isolation of persons having or suspected of havin g
any such disease; designate places of quarantine or isolation;
advise state and local governments on matters pertaining to health,
sanitation and safety; and abate any nuisance affecting injuriously
the health of the public or any community. Any health information
or data acquired by the Commissioner fr om any public agency, which
information or data is otherwise confidential by state or fed eral
law, shall remain confidential notwithstanding the acquisition of
this information by the Commissioner.
2. Be the executive officer and supervise the activities of the
State Department of Health, and act for the Department in all
matters except as ma y be otherwise provided in this Code; administer
oaths at any hearing or investigation conducted pursuant to this
Code; and enforce rules and standards adopted by the State Board of
Health Commissioner. All rules adopted by the State Board of Health
Commissioner are subject to the terms and conditions of the
Administrative Procedures Act.
3. Appoint an Assistant State Commissioner of Health and fix
the qualifications, duties and compensation of the Assistant State
Commissioner of Health; and employ, appoi nt and contract with, and
fix the qualifications, duties and compensation of, such other
assistants, doctors, engine ers, attorneys, sanitarians, nurses,
laboratory personnel, administrative, clerical and technical help,
investigators, aides and other perso nnel and help, either on a full -
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time, part-time, fee or contractual basis, as shall be deemed by the
Commissioner necessary, expedient, convenient or appro priate to the
performance or carrying out of any of the purposes, objectives or
provisions of this Co de, or to assist the Commissioner in the
performance of official duties and functions.
4. Cause investigations, inq uiries and inspections to be made,
and hold hearings and issue orders pursuant to the provisions of the
Administrative Procedures Act, to en force and make effective the
provisions of this Code, and all rules and standards adopted by the
State Board of Health Commissioner pursuant to law and the
Commissioner or the representative of the Commissioner shall have
the right of access to any premise s for such purpose at any
reasonable time, upon presentation of identification.
5. Authorize persons in the State D epartment of Health to
conduct investigations, inqu iries and hearings, and to perform other
acts that the Commissioner is authorized or requ ired to conduct or
perform personally.
6. Except as otherwise provided by law, all civil and criminal
proceedings under this Code shall be initiated and prosecuted by the
district attorney where the violation takes place.
7. Issue subpoenas for the atten dance of witnesses and the
production of books and records at any hearing to be conducted by
the Commissioner or the State Board of Health ; and if a person
disobeys any such subpoena, or refuses to give evidence before, or
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to allow books and records to be examined by, the Commissioner or
the Board after such person is directed to do so, the Commissioner
may file a contempt proceeding in the district court of the county
in which the premises involved are situated, or, if no premises are
involved, of the coun ty in which such person resides or has a
principal place of business, and a judge of such court, after a
trial de novo, may punish the offending person for contempt.
8. Unless otherwise required by the terms of a federal grant,
sell, exchange or otherwise dispose of personal property that has
been acquired by the State Department of Health, or any of its
components, when such property becomes obsolete or is no longer
needed; any money derived therefrom shall be deposited in the Public
Health Special Fund.
9. Sell films, educational materials, biological products and
other items produced by the State Department of Healt h; and all
proceeds therefrom shall be deposited in the Public Health Special
Fund.
10. Revoke or cancel, or suspend for any period up to o ne (1)
year, any license or permit issued under or pursuant to this Code,
or by the Commissioner, when the Commissio ner determines that ground
therefor as prescribed b y this Code exists, or that the holder of
such license or permit has violated any law, or any of the
provisions of this Code, or any rules or standards of the State
Board of Health Commissioner filed with the Secretary of State, but
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the Commissioner shall first afford the holder an opportunity to
show cause why the license or permit should not be revoked, canceled
or suspended, notice of such opportunity to be given by certified
United States Mail to the ho lder of the license or permit at the
last-known address of such holder.
11. Accept, use, disburse and administer grants, allotments,
gifts, devises, bequests, appropriations and other monies and
property offered or given to the State Department of Health, or any
component or agency thereof, by any agency of the federal
government, or any corporation or individual.
12. Be the official agency of the State of Oklahoma in all
matters relating to public health which require or authorize
cooperation of the Stat e of Oklahoma with the federal government or
any agency thereof; coordinate the activities of the State
Department of Health with those of t he federal government or any
department or agency thereof, and with other states, on matters
pertaining to public he alth, and enter into agreements for such
purpose, and may accept, use, disburse and administer, for the
office of the Commissioner or for th e State Department of Health,
for any purpose designated and on the terms and conditions thereof,
grants of money, personnel and property from the federal government
or any department or agency thereof, or from any state or state
agency, or from any other source, to promote and carry on in this
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state any program relating to the public health or the control of
disease, and enter into agreements for such purposes.
13. The State Commissioner of Health may appoint commissioned
peace officers, certified by the Council on Law Enforcement
Education and Training, to investigate violations of the Public
Health Code and to provid e security to Department facilities.
SECTION 2. 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 passage and approval.
58-1-135 DC 1/21/2021 12:49:45 PM