Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB267 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 267 By: Seifried and Garvin of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Boatman, Fugate, and
12	42		Pittman of the House
13		-
14		-
15	43
16	44
17	45		An Act relating to public health; amending 63 O.S.
18	46		2021, Section 1-103a.1, which relates to Public
19	47		Health Advisory Councils; creating exception;
20	48		increasing membership of the Advancement of Wellness
21	49		Advisory Council; directing appointment of certain
22	50		members; broadening jurisdictional areas of the
23	51		Advancement of Wellness Advisory Council ; and
24	52		providing an effective date.
25	53
26	54
27		-
28		-
29		-	SUBJECT: Advancement of Wellness Advisory Council
30		-
31	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	56		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -103a.1, is
34	57		amended to read as follows:
35		-
36	58		Section 1-103a.1. A. To assist and advise the S tate
37	59		Commissioner of Health and the State Depa rtment of Health, there are
38	60		hereby created:
	61	+	1. The Consumer Protection Licensing Advisory Council;
	62	+	2. The Trauma and Emergency Response Advisory Council;
	63	+	3. The Infant and Children ’s Health Advisory Council;
	64	+	4. The Advancement of Wellness Advisory Coun cil; and
	65	+	5. The Home Care, Hospice and Palliative Care Advisory Council.
39	66
40		-	1. The Consumer Protection Licensing Advisory Council;
41		-
42		-	2. The Trauma and Emergency Response Advisory Council;
43		-
44		-	3. The Infant and Children ’s Health Advisory Counc il;
45		-
46		-	4. The Advancement of Wellness Advisory Coun cil; and
47		-
48		-	ENR. S. B. NO. 267 Page 2
49		-
50		-	5. The Home Care, Hospice and Palliative Care Advisory Council.
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51	92
52	93		B. 1. Except for the Home Care, Hospi ce and Palliative Care
53	94		Advisory Council and the Advancement of Wellness Advisory Council ,
54	95		each Public Health Advisory Council (Advisory Council ) created
55	96		pursuant to subsection A of this section shall consist of seven (7)
56	97		members. Two members shall be appointed by th e Governor, two
57	98		members shall be appoi nted by the Speaker of the House of
58	99		Representatives, two members shall be appointed by the Pre sident Pro
59	100		Tempore of the Senate, and one member shall be appointed by the
60	101		Commissioner. Appointments shall be for three -year terms. Members
61	102		of the Advisory Councils shall serve at the pleasure of and may be
62	103		removed from office by the appointing authorit y. Members shall
63	104		continue to serve until their successors are appointed. Any vacancy
64	105		shall be filled in the same manner as the original appointments.
65	106		Four members shall constitute a quorum.
66		-
67	107		2. The Home Care, Hospice and Palliative Care Advisory Council
68	108		shall consist of nine (9) members. Two members shall be appointed
69	109		by the Governor, three members shall be appointed by the Speaker of
70	110		the House of Representativ es, three members shall be appointed by
71	111		the President Pro Tempore of the Senate and one member shall be
72	112		appointed by the Commissioner. Five members shall constitute a
73	113		quorum.
74		-
75	114		3. The Advancement of Wellness Advisory C ouncil shall consist
76	115		of ten (10) members. Three members shall be appointed by the
77	116		Governor, three members shall be appointed by the President Pro
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78	144		Tempore of the Senate, three members shall be appointed by the
79	145		Speaker of the House of Representatives, and one member shall be
80	146		appointed by the Commissioner. Five members shall constitute a
81	147		quorum.
82		-
83	148		4. Each Advisory Council shall meet at l east twice a year, but
84	149		no more than four times a year and shall elect a chair, a vice -chair
85	150		and a secretary from among its m embers. Each Advisory Council shall
86	151		only meet as required for election of officers, e stablishment of
87	152		meeting dates and times; rule development, review and
88	153		recommendation; and adoption of nonbinding resolutions to the
89	154		Department or the Commissioner concern ing matters brought before the
90		-
91		-	ENR. S. B. NO. 267 Page 3
92	155		Advisory Council. Special meetings may be called by th e chair or by
93	156		the concurrence of any three mem bers.
94		-
95	157		C. 1. All members of the Consum er Protection Licensing
96	158		Advisory Council shall be knowledgeable of certain consumer i ssues
97	159		as specified below. The Consume r Protection Licensing Advisory
98	160		Council shall be composed as follows:
99		-
100	161		a. the Governor shall ap point:
101		-
102	162		(1) one member who is a licensed radiologist
103	163		assistant, and
	164	+	(2) one member who is a licensed audiologist,
	165	+	b. the President Pro Tempore of the Senate shall appoint:
	166	+	(1) one member who is a licensed radiol ogist, and
104	167
105		-	(2) one member who is a licensed audiologist,
106		-
107		-	b. the President Pro Tempore of the Senate shall appoint:
108		-
109		-	(1) one member who is a licensed radiologist, and
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110	193
111	194		(2) one member representing the hea ring-aid-fitting
112	195		industry,
113		-
114	196		c. the Speaker of the House of Representatives shall
115	197		appoint:
116		-
117	198		(1) one member representing the med ical
118	199		micropigmentation industry, and
119		-
120	200		(2) one member representing the hearing -impaired
121	201		public, and
122		-
123	202		d. the Commissioner shall appoint one member representing
124	203		a diagnostic x-ray facility.
125		-
126	204		2. The jurisdiction areas of the Consumer Protection Licensing
127	205		Advisory Council shall include the hearing -aid-fitting industry, the
128	206		medical micropigmentatio n industry, the radiation industry and such
129	207		other areas as designated by the Commissi oner.
130		-
131	208		D. 1. All members of the Trauma and Emergency Response
132	209		Advisory Council shall be knowledgeable of issues that arise in a
133	210		hospital setting and issues that arise con cerning emergency
134		-
135		-	ENR. S. B. NO. 267 Page 4
136	211		response. The Trauma and Em ergency Response Advisory Council shall
137	212		be composed as follows:
138		-
139	213		a. the Governor shall appoint:
140		-
141	214		(1) one member who is an admi nistrative director of a
142	215		licensed ambulance service, and
143		-
144	216		(2) one member who is a Board Certified Emergency
145	217		Physician,
146	218
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147	245		b. the President Pro Tempore of the Senate shall appo int:
148		-
149	246		(1) one member who is a representative from a
150	247		hospital with trauma and emergency services, and
151		-
152	248		(2) one member who is a trauma surgeon with
153	249		privileges at a hospital wi th trauma and
154	250		emergency operative services,
155		-
156	251		c. the Speaker of the House of Representa tives shall
157	252		appoint:
158		-
159	253		(1) one member representing the trauma registrar of a
160	254		licensed hospital that is classified as providin g
161	255		trauma and emergency operative services, and
162		-
163	256		(2) one member who is an Emergency Medical
164	257		Technician, and
165		-
166	258		d. the Commissioner shall a ppoint one member who is a
167	259		critical care nurse.
168		-
169	260		2. The jurisdictional areas of the T rauma and Emergency
170	261		Response Advisory Council shall include emergency response systems
171	262		development, injury prevention, catastrophic health emergency,
172	263		trauma systems improv ement and development and such other areas
173	264		designated by the Commissioner.
174		-
175	265		E. 1. All members of the Infant and Children ’s Health Advisory
176	266		Council shall be knowledgeable of issues that arise in the area of
177		-
178		-	ENR. S. B. NO. 267 Page 5
179	267		infant and children’s health care. The Infant an d Children’s Health
180	268		Advisory Council shall be composed as follows:
181	269
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182	296		a. the Governor shall appoint:
183		-
184	297		(1) one member who works for the state or for a
185	298		political subdivision on child abuse issues, and
186		-
187	299		(2) one member who is knowledgeable about childhood
188	300		immunizations,
189		-
190	301		b. the President Pro Tempore of the Senate shall appoint:
191		-
192	302		(1) one member who is knowledgeable about newborn
193	303		screening issues,
194		-
195	304		(2) one member licensed by the state as an
196	305		optometrist who has knowledge of vision sc reening
197	306		for children, and
198		-
199	307		(3) one member who is a licensed ophthalmologist in
200	308		this state with the knowledge of treating visu al
201	309		deficiencies in children,
202		-
203	310		c. the Speaker of the House of Representatives shall
204	311		appoint:
205		-
206	312		(1) one member who is licensed by the sta te as a
207	313		physician and works as a pediat rician, and
208		-
209	314		(2) one member who is licensed by the state as a
210	315		genetic counselor, and
211		-
212	316		d. the Commissioner shall appoint one m ember who is a
213	317		physician licensed by the state w ho specializes in the
214	318		diagnosis and treatment of childhood injuries in a
215	319		trauma setting.
216	320
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217	347		2. The jurisdictional areas of the Infant and Children ’s Health
218	348		Advisory Council shall include all issues that arise i n the area of
219	349		health care for infants and childr en and such other areas as
220	350		designated by the Commissioner.
221		-
222		-	ENR. S. B. NO. 267 Page 6
223		-
224	351		F. 1. All members of the Advancement of Wellness Advisory
225	352		Council shall be knowledgeable of issues that arise in the area of
226	353		advancing the health o f all Oklahomans. The Advancement of Wellness
227	354		Advisory Council shall be composed as follows:
228		-
229	355		a. the Governor shall appoint:
230		-
231	356		(1) one member who is knowledgeable about breast and
232	357		cervical cancer issues, and
233		-
234	358		(2) one member who is knowledgeable about organ do nor
235	359		issues, and
236		-
237	360		(3) one member who is knowledgea ble about
238	361		cardiometabolic disease including ob esity,
239	362		dyslipidemia, hypertension, and diabetes ,
240		-
241	363		b. the President Pro Tempore of the Senate shall appoint:
242		-
243	364		(1) one member who is mayor of a city or town that
244	365		has been designated a certified healthy community
245	366		in an urban setting, and
246		-
247	367		(2) one member who is the president or chief
248	368		operating officer of a business that has been
249	369		designated a certified healthy business , and
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250	396
251	397		(3) one member who represents an Urban Indian Hea lth
252	398		Center in this state or a nonprofit organization
253	399		with a major focus on improving public he alth for
254	400		citizens of federally recognized tribes in this
255	401		state,
256		-
257	402		c. the Speaker of the House of Representatives shall
258	403		appoint:
259		-
260	404		(1) one member who is the mayor of a city or town
261	405		that has been designated a certifi ed healthy
262	406		community in a rural setting, and
263		-
264		-
265		-	ENR. S. B. NO. 267 Page 7
266	407		(2) one member who is the president or chief
267	408		operating officer of a business that has been
268	409		designated a certified healthy bus iness in an
269	410		urban setting, and
270		-
271	411		(3) one member who represents a federally recognized
272	412		tribe based in this state which maintains a
273	413		tribally operated health system, and
274		-
275	414		d. the Commissioner shall appoint one member who is the
276	415		Executive Director of the Tobacco S ettlement Endowment
277	416		Trust.
278		-
279	417		2. The jurisdictional areas of the Advancement of Wellness
280	418		Advisory Council shall include all issues tha t arise in the areas of
281	419		tobacco usage and cessation, organ and tissue donation ,
282	420		cardiometabolic disease, American Indian hea lth, the requirements
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283	448		for a city or town in the state to be designated as a certified
284	449		healthy community, the requirements for a busi ness to be designated
285	450		as a certified healthy busines s and such other areas as designated
286	451		by the Commissioner.
287		-
288	452		G. 1. All members of the Home Care, Hospice and Pa lliative
289	453		Care Advisory Council shall be knowledg eable of issues that arise in
290	454		the administration and practice of home care, hospice and palliative
291	455		care services. The Home Care, Hospice and Palliative Care Advisory
292	456		Council shall be composed as follows:
293		-
294	457		a. the Governor shall appoint:
295		-
296	458		(1) one member who is the owner or administrator of
297	459		an entity licensed in accordance with the
298	460		Oklahoma Hospice Licensi ng Act, and
299		-
300	461		(2) one member who is an owner or administrator of an
301	462		entity licensed in accordance with the Oklah oma
302	463		Home Care Act,
303		-
304	464		b. the President Pro Tempore of the Senate shall appoint:
305		-
306		-
307		-	ENR. S. B. NO. 267 Page 8
308	465		(1) one member who is an owner or administrator of an
309	466		entity licensed in accordance with the Oklahoma
310	467		Hospice Licensing Act,
311		-
312	468		(2) one member who is an owner or administrator of an
313	469		entity licensed in accordance with the Oklahoma
314	470		Home Care Act, and
315	471
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316	498		(3) one member who is a mem ber of the palliative care
317	499		patient advocacy communit y,
318		-
319	500		c. the Speaker of the House of Representatives shall
320	501		appoint:
321		-
322	502		(1) one member representing the public who is or was
323	503		a legal guardian of a recipient of hospi ce
324	504		services,
325		-
326	505		(2) one member representing the p ublic who is a
327	506		recipient or legal guardian of a reci pient of
328	507		services from a home health agency, and
329		-
330	508		(3) one member who is an allopathic or osteopathic
331	509		physician or nurse certified in palliative care
332	510		delivery in this state, and
333		-
334	511		d. the Commissioner shall ap point one member representing
335	512		an association which a dvocates on behalf of home care
336	513		or hospice issues.
337		-
338	514		2. The jurisdictiona l areas of the Home Care, Hospice and
339	515		Palliative Care Advisory Council shall include a ll issues that arise
340	516		in the areas of home care , hospice services and palliative care,
341	517		including, but not limited to:
342		-
343	518		a. identifying methods that improve the quality and
344	519		delivery of home care, hospice and pall iative care,
345		-
346	520		b. reviewing best practices from ho me care, hospice and
347	521		palliative care programs in the state,
348	522
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349	548
350		-	ENR. S. B. NO. 267 Page 9
351	549		c. developing information on home care , hospice and
352	550		palliative care issues for the general public, and
353		-
354	551		d. such other areas as designated by the Comm issioner.
355		-
356	552		H. In addition to other powers and du ties assigned to each
357	553		Advisory Council pursuan t to this section, each Advisory Council,
358	554		within its jurisdictional area, shall:
359		-
360	555		1. Have authority to recommend to the Comm issioner rules on
361	556		behalf of the Depart ment. The Department shall not have standing to
362	557		recommend to the Commissioner permanent rules or changes to such
363	558		rules within the jurisdiction of an Advisory Council which have not
364	559		been submitted previously to the app ropriate Advisory Council for
365	560		action;
366		-
367	561		2. Before recommending any permanent rules to t he Commissioner,
368	562		give public notice, offer an opportunity for public comment and
369	563		conduct a public rulemaking hearing when required by the
370	564		Administrative Procedures Act;
371		-
372	565		3. Have the authority to make nonbindi ng written
373	566		recommendations to the Commissioner o r to the Department which have
374	567		been concurred upon by at least a majority of the membership of the
375	568		Advisory Council;
376		-
377	569		4. Have the authority to provide a public forum for the
378	570		discussion of issues it considers relevant to its area of
379	571		jurisdiction, and to:
380	572
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	586	+	13
	587	+	14
	588	+	15
	589	+	16
	590	+	17
	591	+	18
	592	+	19
	593	+	20
	594	+	21
	595	+	22
	596	+	23
	597	+	24
	598	+
381	599		a. pass nonbinding resolutions expressing the se nse of
382	600		the Advisory Council, and
383		-
384	601		b. make recommendations to the Commissioner or the
385	602		Department concerning the need and the d esirability of
386	603		conducting meetings, wo rkshops and seminars; and
387		-
388	604		5. Cooperate with eac h other Advisory Council, the public, the
389	605		Commissioner and the Commissioner of Health in order to coordinate
390	606		the rules within their respective jurisdictional areas and to
391	607		achieve maximum efficiency and effect iveness in furthering the
392	608		objectives of the Depa rtment.
393		-
394		-	ENR. S. B. NO. 267 Page 10
395		-
396	609		I. The Advisory Councils shall not re commend rules for
397	610		promulgation by the Commissioner u nless all applicable requirements
398	611		of the Administrative Procedures Act h ave been followed, including
399	612		but not limited to notice, rule -impact statement and rule making
400	613		hearings.
401		-
402	614		J. Members of the Advisory C ouncils shall serve without
403	615		compensation. The Advis ory Councils are authorized to utilize the
404	616		conference rooms of the Depar tment and obtain administrative
405	617		assistance from the Department, as required.
406		-
407	618		SECTION 2. This act shall become effec tive November 1, 2023.
408	619
409		-
410		-	ENR. S. B. NO. 267 Page 11
411		-	Passed the Senate the 14th day of March, 2023.
412		-
413		-
414		-
415		-	Presiding Officer of the Senate
416		-
417		-
418		-	Passed the House of Representatives the 19th day of April, 2023.
419		-
420		-
421		-
422		-	Presiding Officer of the House
423		-	of Representatives
424		-
425		-	OFFICE OF THE GOVERNOR
426		-	Received by the Office of the Governor this _______ _____________
427		-	day of _________________ __, 20_______, at _______ o'cloc k _______ M.
428		-	By: _______________________________ __
429		-	Approved by the Governor of the State of Oklahoma this _____ ____
430		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
431		-
432		-	_________________________________
433		-	Governor of the State of Oklahoma
434		-
435		-
436		-	OFFICE OF THE SECRETARY OF STATE
437		-	Received by the Office of the Secretary of State this _______ ___
438		-	day of __________________, 20 _______, at _______ o'clock _______ M.
439		-	By: _______________________________ __
	620	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/06/2023 -
	621	+	DO PASS, As Coauthored.