An Act
ENROLLED SENATE
BILL NO. 736 By: Kidd of the Senate
and
McEntire of the House
An Act relating to county boards of health; ame nding
63 O.S. 2011, Section 1 -202, which relates to powers
and duties; modifying allowable agreements; amendi ng
63 O.S. 2011, Section 1-205, which relates to
contracts for public health services; allowing
certain agreement between counties; amending 63 O.S .
2011, Section 1-208, which relates to f unds for
operation; allowing certain combination of resources;
and providing an effective date.
SUBJECT: County boards of health
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1-202, is
amended to read as follows:
Section 1-202. The county board of health shall have the
following powers and duties:
1. Organize by electing a chair and other necessary officers
annually and meet at such times, in such manner and upon such notice
as the board shall prescr ibe. Provided, that the board sha ll meet
at least two times each year;
2. Establish and maintain a county department of health, if the
same, in the opinion of the board, will be to the best interest of
the county;
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3. Enter into agreements with county bo ards of health of other
counties, and with the governing boards or boards of health of
cities, towns and school districts lying wholly or partly in the
county, for the establishment and operation of district or
cooperative departments of health ;
4. Prepare and submit to the county excise board, annually, an
estimate of its needs, and needs for the operation of the county
department of health, if any, or for its proportionate part of the
costs of operation of a dis trict or cooperative department of
health, if it has entered into an agreemen t therefor;
5. Advise with the State Commissioner of Health on matters
pertaining to public health in the county, and as to the appointment
of the county superintendent of health or the medical director of
the county, district or cooperative department of health; and
6. Adopt regulations, which shall be subject to the approval of
the State Commissioner of Health and shall not be more stringent
than state law and rules and regulat ions of the State Board of
Health, to protect the public health in the county in emergencies.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -205, is
amended to read as follows:
Section 1-205. (a) A. The county board of health may, wi th the
approval of the State Commission er of Health, establish and mainta in
a county department of health , the maintenance and operation of
which is hereby declared to be a function of county government for
which appropriations may be made from the general fund of the county
and the proceeds of a levy made in accordance with Section 9a,
Article X, of Article X of the Oklahoma Constitution.
(b) B. The county boards of health of two or more counties may,
with the approval of the Commissioner, form a health district
composed of such counties for p ublic health purposes. The health
district shall may have a district department of health which shall
be operated, in such counties, in the same manner as county
departments of health. A health district may also be comprised of
multiple county health dep artments operating under agreement to
share resources for purposes of enhancing health outcomes for the
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member counties, provided costs are allocated in proportion to
resources utilized by each county.
(c) C. Cooperative departments of health may be forme d by
agreement between the county board of health of any county
maintaining a county department of health, or the county boards of
health of counties in a health district, and the governing boards of
cities, towns, and school districts lying wholly or part ly in such
county or health distri ct. Any such agreement shall st ipulate what
health services will be provided to the cities, towns and school
districts, which may be all or any of the services that may be
provided by a county department of health, and sh all also fix the
amounts of funds to be paid by the cities, towns, and school
districts for the services. All agreements made under the
provisions of this section shall be subject to the approval of the
State Commissioner of Health.
(d) D. A county department of health, a district depart ment of
health and a cooperative department of health shall be under the
direction of a medical director, who shall perform his or her duties
under the supervision of the Commission er, and who shall, in
addition to his other duties, perform the same powers , duties and
functions in the county, in the health district, or in the
cooperative department, as is provided by law for county
superintendents of health. The Commissioner shall a ppoint and fix
the duties and compensatio n of the medical director, who sha ll be a
physician licensed under the laws of this state, and shall employ
and fix the duties and compensation of such other personnel as he
the Commissioner deems necessary for the op eration of the county
department of health, the district department of he alth, or the
cooperative department of health, all such personnel to be employed
under provisions of the Oklahoma Personnel Act and paid by state
warrant. Reimbursements to the State Department of Health shall be
paid by the county from the Section 9a 9A of Article X of the
Oklahoma Constitution, mill levy revenues, payable for the benefit
of such county health department, district department of health, or
the cooperative department o f health and payable within thirty (30)
days of receipt of an invoice the refor. Provided that, in any su ch
local health department operating under the direction of a medical
director who serves less than full time, the Commissioner may
delegate nonmedical administrative duties to another emplo yee of the
county, district, or co operative health department.
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(e) E. The board of health or board of county commissioners of
any county may contract with the department board of health or board
of county commissione rs of any neighboring county or the State
Department of Health to provide the county any or all public he alth
services. The county receiving the services shall pay for the
department rendering the of services according to a schedule of fees
and payments mutually agreed upon by the State Board of Health and
the county or counti es affected. Such schedule of fees and payments
shall be equal to the cost of the services provided.
SECTION 3. AMENDATORY 63 O.S. 2011, Section 1 -208, is
amended to read as follows:
Section 1-208. (a) A. It shall be the duty o f the county
excise board of each county if funds are available to make necessary
appropriations to provide sufficient funds to pay the amounts d ue
under any agreement entered into by the county board of health, or
by any city, town, or school district of the county, for or in
connection with a district department of health or a cooperative
department of health; and such funds shall be accounted fo r,
obligated, expended and disbursed a s directed by the State
Commissioner of Health, who may require any or al l such funds to be
combined with others to be used for similar or related purposes.
(b) B. The Commissioner may enter into agreements with count y
boards of health, and with city -county boards of health, whereby
state funds will be used in conjunction wit h county funds for the
operation of county, district, cooperative and city -county
departments of health. The Commissioner may pay such funds on a
reimbursement or percentage of budget ary expenditures basis, or
other basis; and if directed to do so by the Commissioner, the
county clerk shall add the amount of any such funds to specified
items of appropriation, and no further action or appropriation b y
the county excise board shall be re quired to make such funds
available for expenditure.
C. Counties may, for the purposes of enhancing acce ss to health
initiatives and maximizing operational impact, agree to combine
resources including county millage in a manner designating one
county as the operational hub. In doing so, the m illage provided by
each county within the consortium shall be expended or reserved for
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the county of origin, ensuring each county ’s millage investment is
expended for the benefit of the county residents .
SECTION 4. This act shall become ef fective November 1, 202 1.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 21st 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: _______________________________ __