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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3333 By: Roe
AS INTRODUCED
An Act relating to public health; amending 63 O.S.
2021, Section 1-103a.1, which relates to creation of
Public Health Advisory Councils; cre ating exception;
increasing membership of the Advancement of Wellness
Advisory Council; directing appointment of certain
members; broadening jurisdictional areas of the
Advancement of Wellness Advi sory Council; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -103a.1, is
amended to read as follows:
Section 1-103a.1 A. To assist and advise the State
Commissioner of Health and the State De partment of Health, there are
hereby created:
1. The Consumer Protection Licensing Advisory Council;
2. The Trauma and Emergency Re sponse Advisory Council;
3. The Infant and Children 's Health Advisory Council;
4. The Advancement of Wellness Advisory Co uncil; and
5. The Home Care, Hospice and Palliative Care Advisory Council.
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B. 1. Except for the Home Care, Hospice and Palliative Care
Advisory Council and the Advancement of Wellness Advisory Council ,
each Public Health Advisory Council (Advisory Counc il) created
pursuant to subsection A of this section shall consist of seven (7)
members. Two members shall be appointed by the Governor, two
members shall be appointed by the Speake r of the House of
Representatives, two members shall be appointed by the P resident Pro
Tempore of the Senate, and one member shall be appointed by the
Commissioner. Appointments shall be for three -year terms. Members
of the Advisory Councils shall serve at the pleasure of and may be
removed from office by the appointing author ity. Members shall
continue to serve until their successors are appointed. Any vacancy
shall be filled in the same manner as the original appointments.
Four members shall constitu te a quorum.
2. The Home Care, Hospice and Palliative Care Advisory Counc il
shall consist of nine (9) members. Two members shall be appointed
by the Governor, three members shall be appointed by the Speaker of
the House of Representatives, three members shall be appointed by
the President Pro Tempore of the Senate and one memb er shall be
appointed by the Commissioner. Five members shall constitute a
quorum.
3. The Advancement of Wellness Advisory Council shall consist
of ten (10) members. Three members shall be appointed by the
Governor, three memb ers shall be appointed by t he President Pro
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Tempore of the Oklahoma State Senate, three members shall be
appointed by the Speak er of the Oklahoma House of Representati ves,
and one member shall be appointed by the Commissioner. Five members
shall constitute a quorum.
4. Each Advisory Council shall meet at least twice a year, but
no more than four times a year and shall elect a chair, a vice -chair
and a secretary from among its members. Each Advisory Council shall
only meet as required for election of officers, establishment of
meeting dates and times; rule deve lopment, review and
recommendation; and adoption of n onbinding resolutions to the
Department or the Commissioner concerning matters brought before the
Advisory Council. Special meetings may be called by the chair or by
the concurrence of any three members .
C. 1. All members of the Consumer Protection Lice nsing
Advisory Council shall be knowledgeable of certain consumer issues
as specified below. The Consumer Protection Licensing Advisory
Council shall be composed as follows :
a. the Governor shall appoin t:
(1) one member who is a licensed radiologist
assistant, and
(2) one member who is a licensed audiologist,
b. the President Pro Tempore of the Oklahoma State Senate
shall appoint:
(1) one member who is a licensed radiologist , and
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(2) one member representing the hearing -aid-fitting
industry,
c. the Speaker of the Oklahoma House of Representatives
shall appoint:
(1) one member representing the medical
micropigmentation industry, and
(2) one member representing the hearing -impaired
public, and
d. the Commissioner shall appoint one member representing
a diagnostic x-ray facility.
2. The jurisdiction areas of the Consumer Protection Licensing
Advisory Council shall include the hearing -aid-fitting industry, the
medical micropigment ation industry, the radiation industry and such
other areas as designated by the Commissioner.
D. 1. All members of the Trauma and Emergency Response
Advisory Council shall be knowledgeable of issues that arise in a
hospital setting and issues that arise concerning emergency
response. The Trauma and Emerge ncy Response Advisory Council shall
be composed as follows:
a. the Governor shall appoint:
(1) one member who is an administrative director of a
licensed ambulance service, and
(2) one member who is a B oard Certified Emergency
Physician,
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b. the President Pro Tempore of the Oklahoma State Senate
shall appoint:
(1) one member who is a representative from a
hospital with trauma and emergency services, and
(2) one member who is a trauma surgeon with
privileges at a hospital with trauma and
emergency operative services,
c. the Speaker of the Oklahoma House of Representatives
shall appoint:
(1) one member representing the trauma registrar of a
licensed hospital that is classified as providing
trauma and emergency operative services, and
(2) one member who is an Emergency Medical
Technician, and
d. the Commissioner shall appoint one member who is a
critical care nurse.
2. The jurisdictional areas of the Trauma and Emergency
Response Advisory Council shall includ e emergency response systems
development, injury prevention, catastrophic heal th emergency,
trauma systems improvement and developm ent and such other areas
designated by the Commissioner.
E. 1. All members of the Infant and Children 's Health Advisory
Council shall be knowledgeable of issues that arise in the area of
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infant and children's health care. The Infant and Children 's Health
Advisory Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who works for the state or for a
political subdivision on child abuse issues, and
(2) one member who is know ledgeable about childhood
immunizations,
b. the President Pro Tempore of the Oklahoma State Senate
shall appoint:
(1) one member who is knowledgeable about newborn
screening issues,
(2) one member licensed by the state as an
optometrist who has knowledge of vision screen ing
for children, and
(3) one member who is a license d ophthalmologist in
this state with the knowledge of treating visual
deficiencies in children,
c. the Speaker of the Oklahoma House of Representatives
shall appoint:
(1) one member who is licensed by the state a s a
physician and works as a pediatrician, and
(2) one member who is licensed by the state as a
genetic counselor, and
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d. the Commissioner shall appoint o ne member who is a
physician licensed by the state who specializes in the
diagnosis and treatment of c hildhood injuries in a
trauma setting.
2. The jurisdictional areas of the Infant and Children 's Health
Advisory Council shall include all issues that ari se in the area of
health care for infants and children and such other areas as
designated by the Commi ssioner.
F. 1. All members of the Advancement of We llness Advisory
Council shall be knowledgeable of issues that arise in the area of
advancing the health of all Oklahomans. The Advancement of Wellness
Advisory Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is know ledgeable about breast and
cervical cancer issues, and
(2) one member who is knowledgeable about orga n donor
issues, and
(3) one member who is knowledgeable about
cardiometabolic disease including obesit y,
dyslipidemia, hypertension, and diabetes ,
b. the President Pro Tempore of the Oklahoma State Senate
shall appoint:
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(1) one member who is mayor of a cit y or town that
has been designated a certifie d healthy community
in an urban setting, and
(2) one member who is the p resident or chief
operating officer of a business that has been
designated a certified healthy business, and
(3) one member who represents an Urban Indian Health
Center in this state or a nonprofit organization
with a major focus on improving public health for
citizens of federally recognized Indian tribes in
this state,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member who is the mayor of a city or town
that has been designated a certified healthy
community in a rural setting, and
(2) one member who is the president or chief
operating officer of a business that has been
designated a certified healthy business in an
urban setting, and
(3) one member who represents a fe derally recognized
Indian tribe based in this state which maintains
a tribally operated health care system, and
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d. the Commissioner shall appoint one member who is the
Executive Director of the Tobacco S ettlement Endowment
Trust.
2. The jurisdictional areas of the Advancement of Wellness
Advisory Council shall include all issues that ar ise in the areas of
tobacco usage and cessation, organ and tissue donation,
cardiometabolic disease, American Indian hea lth, the requirements
for a city or town in the state to be designated as a certified
healthy community, the requirements for a business to be designated
as a certified healthy business and such other a reas as designated
by the Commissioner.
G. 1. All members of the Home Care, Hospice and Palliative
Care Advisory Council shall be knowledgeable of issues that arise in
the administration a nd practice of home care, hospice and palliative
care services. The Home Care, Hospice and Palliative Care Advisory
Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is the owner or administrator of
an entity licensed in accordance with the
Oklahoma Hospice Licensing Act, and
(2) one member who is an owner or administrator of an
entity licensed in accordance with the Oklahoma
Home Care Act,
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b. the President Pro Tempore of the Oklahoma State Senate
shall appoint:
(1) one member who is an owner or administrator of an
entity licensed in accordance wit h the Oklahoma
Hospice Licensing Act,
(2) one member who is an owner or administrator of an
entity licensed in accordance with the Oklahoma
Home Care Act, and
(3) one member who is a member of the palliative care
patient advocacy community,
c. the Speaker of the Oklahoma House of Representative s
shall appoint:
(1) one member representing the public who is or was
a legal guardian of a recipient of hospice
services,
(2) one member representing the publi c who is a
recipient or legal guardian of a recipient of
services from a home health agency, and
(3) one member who is an allopathic or osteopathic
physician or nurse certified in palliative care
delivery in this state, and
d. the Commissioner shall appoin t one member representing
an association which advocates on behalf of home care
or hospice issues.
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2. The jurisdictional areas of the Home Care, Hospice and
Palliative Care Advisory Council shall include all issues that arise
in the areas of home care, ho spice services and palliative care,
including, but not limited to:
a. identifying methods that i mprove the quality and
delivery of home care, hospice and palliative care,
b. reviewing best practices from home care, hospice and
palliative care programs in t he state,
c. developing information on home care, hospice and
palliative care issues for the gen eral public, and
d. such other areas as designated by the Commissioner.
H. In addition to other powers and duties assigned to each
Advisory Council pursuant to this section, each Advisory Council,
within its jurisdictional ar ea, shall:
1. Have authority to recommend to the Commissioner rules on
behalf of the Department. The Department shall not have standing to
recommend to the Commissioner permanent rules or changes to such
rules within the jurisdiction of an Advisory Counc il which have not
been submitted previously to the appropriate Advisory Council for
action;
2. Before recommending any permanent rules to the Commissioner,
give public notice, offer an oppo rtunity for public comment and
conduct a public rulemaking hearing when required by the
Administrative Procedures Act;
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3. Have the authority to make nonbinding written
recommendations to the Commissioner or to the Department which have
been concurred upon by at least a majority of the membership of the
Advisory Council;
4. Have the authority to pro vide a public forum for the
discussion of issues it considers relevant to its area of
jurisdiction, and to:
a. pass nonbinding resolutions expressing the sense of
the Advisory Council, and
b. make recommendations to the Commis sioner or the
Department concerning the need and the desirability of
conducting meetings, workshops and seminars; and
5. Cooperate with each other Advisory Council, the public, the
Commissioner and the Commissioner of Health in order to coordinate
the rules within their respective jur isdictional areas and to
achieve maximum efficiency and effectiveness in furthering the
objectives of the Department.
I. The Advisory Councils shall not recomm end rules for
promulgation by the Commissioner unless all applicab le requirements
of the Administrative Procedures Act have been followed, including
but not limited to notice, rule -impact statement and rulemaking
hearings.
J. Members of the Advisory Counc ils shall serve without
compensation. The Advisory Councils are a uthorized to utilize the
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conference rooms of the Department and obtain administrative
assistance from the Department, as required.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9119 TJ 01/04/24