Oklahoma 2024 Regular Session

Oklahoma House Bill HB3333 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	HB3333 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3333 By: Roe and Swope of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Dossett of the Senate
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	HOUSE BILL 3333 By: Roe
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	39	+
	40	+
	41	+	AS INTRODUCED
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38	43		An Act relating to public health; amending 63 O.S.
39	44		2021, Section 1-103a.1, which relates to creati on of
40	45		Public Health Advisory Councils; cre ating exception;
41	46		increasing membership of the Advancement of Wellness
42	47		Advisory Council; directing appointment of certain
43	48		members; broadening jurisdictional areas of the
44	49		Advancement of Wellness Advi sory Council; and
45	50		providing an effective date .
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50	55		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
51	56		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -103a.1, is
52	57		amended to read as follows:
53	58		Section 1-103a.1 A. To assist and advise the Sta te
54	59		Commissioner of Health and the State De partment of Health, there are
55	60		hereby created:
56	61		1. The Consumer Protection Licensing Advisory Council;
57	62		2. The Trauma and Emergency Re sponse Advisory Council;
58	63		3. The Infant and Children 's Health Advisory Council;
59	64		4. The Advancement of Wellness Advisory Co uncil; and
60	65		5. The Home Care, Hospice and Palliative Care Advisory Council.
61		-	B. 1. Except for the Home Care, Hospice and Palliative Care
62		-	Advisory Council and the Advancement of Wellness Advisory Council ,
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	67	+	HB3333 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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	93	+	B. 1. Except for the Home Care, Hospice and Palliative Care
	94	+	Advisory Council and the Advancement of Wellness Advisory Council ,
89	95		each Public Health Advisory Council (Advisory Counc il) created
90	96		pursuant to subsection A of this section shall consist of seven (7)
91	97		members. Two members shall be appointed by the Governor, two
92	98		members shall be appointed by the Speake r of the House of
93	99		Representatives, two members shall be appointed by the P resident Pro
94	100		Tempore of the Senate, and one member shall be appointed by the
95	101		Commissioner. Appointments shall be for three -year terms. Members
96	102		of the Advisory Councils shall serve at the pleasure of and may be
97	103		removed from office by the appointing author ity. Members shall
98	104		continue to serve until their successors are appointed. Any vacancy
99	105		shall be filled in the same manner as the original appointments.
100	106		Four members shall constitu te a quorum.
101	107		2. The Home Care, Hospice and Palliative Care Advisory Counc il
102	108		shall consist of nine (9) members. Two members shall be appointed
103	109		by the Governor, three members shall be appointed by the Speaker of
104	110		the House of Representatives, three members shall be appointed by
105	111		the President Pro Tempore of the Senate and one memb er shall be
106	112		appointed by the Commissioner. Five members shall constitute a
107	113		quorum.
108	114		3. The Advancement of Wellness Advisory Council shall consist
109	115		of ten (10) members. Three members shall be appointed by the
110	116		Governor, three members shall be appointed by t he President Pro
111		-	Tempore of the Oklahoma State Senate, three members shall be
112		-	appointed by the Speak er of the Oklahoma House of Representati ves,
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	144	+	Tempore of the Oklahoma State Senate, three members shall be
	145	+	appointed by the Speak er of the Oklahoma House of Representati ves,
139	146		and one member shall be appointed by the Commissioner. Five members
140	147		shall constitute a quorum.
141	148		4. Each Advisory Council shall meet at least twice a year, but
142	149		no more than four times a year and shall elect a chair, a vice -chair
143	150		and a secretary from among its members. Each Advisory Council shall
144	151		only meet as required for e lection of officers, establishment of
145	152		meeting dates and times; rule deve lopment, review and
146	153		recommendation; and adoption of n onbinding resolutions to the
147	154		Department or the Commissioner concerning matters brought before the
148	155		Advisory Council. Special meetin gs may be called by the chair or by
149	156		the concurrence of any three members .
150	157		C. 1. All members of the Consumer Protection Lice nsing
151	158		Advisory Council shall be knowledgeable of certain consumer issues
152	159		as specified below. The Consumer Protection Licensing Adv isory
153	160		Council shall be composed as follows :
154	161		a. the Governor shall appoin t:
155	162		(1) one member who is a licensed radiologist
156	163		assistant, and
157	164		(2) one member who is a licensed audiologist,
158	165		b. the President Pro Tempore of the Oklahoma State Senate
159	166		shall appoint:
160	167		(1) one member who is a licensed radiologist , and
161		-	(2) one member representing the hearing -aid-fitting
162		-	industry,
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164		-	ENGR. H. B. NO. 3333 Page 4 1
	169	+	HB3333 HFLR Page 4
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	195	+	(2) one member representing the hearing -aid-fitting
	196	+	industry,
189	197		c. the Speaker of the Oklahoma House of Representatives
190	198		shall appoint:
191	199		(1) one member representing the medical
192	200		micropigmentation industry, and
193	201		(2) one member representing the hearing -impaired
194	202		public, and
195	203		d. the Commissioner shall appoint one member representing
196	204		a diagnostic x-ray facility.
197	205		2. The jurisdiction areas of the Consumer Protection Licensing
198	206		Advisory Council shall include the hearing -aid-fitting industry, the
199	207		medical micropigment ation industry, the radiation industry and such
200	208		other areas as designated by the Commissioner.
201	209		D. 1. All members of the Trauma and Emergency Response
202	210		Advisory Council shall be knowledgeable of issues that arise i n a
203	211		hospital setting and issues that arise concerning emergency
204	212		response. The Trauma and Emerge ncy Response Advisory Council shall
205	213		be composed as follows:
206	214		a. the Governor shall appoint:
207	215		(1) one member who is an administrative director of a
208	216		licensed ambulance service, and
209	217		(2) one member who is a B oard Certified Emergency
210	218		Physician,
211		-	b. the President Pro Tempore of the Oklahoma State Senate
212		-	shall appoint:
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214		-	ENGR. H. B. NO. 3333 Page 5 1
	220	+	HB3333 HFLR Page 5
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	246	+	b. the President Pro Tempore of the Oklahoma State Senate
	247	+	shall appoint:
239	248		(1) one member who is a representative from a
240	249		hospital with trauma and emergency services, and
241	250		(2) one member who is a trauma surgeon with
242	251		privileges at a hospital with trauma and
243	252		emergency operative services,
244	253		c. the Speaker of the Oklahoma House of Representatives
245	254		shall appoint:
246	255		(1) one member representing the trauma registrar of a
247	256		licensed hospital that is classified as providing
248	257		trauma and emergency operative services, and
249	258		(2) one member who is an Emergency Medical
250	259		Technician, and
251	260		d. the Commissioner shall appoint one member who is a
252	261		critical care nurse.
253	262		2. The jurisdictional areas of the Trauma and Emerge ncy
254	263		Response Advisory Council shall includ e emergency response systems
255	264		development, injury prevention, catastrophic heal th emergency,
256	265		trauma systems improvement and developm ent and such other areas
257	266		designated by the Commissioner.
258	267		E. 1. All members of the Infant and Children's Health Advisory
259	268		Council shall be knowledgeable of issues that arise in the area of
260		-	infant and children's health care. The Infant and Children 's Health
261		-	Advisory Council shall be composed as follows:
262		-	a. the Governor shall appoint:
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264		-	ENGR. H. B. NO. 3333 Page 6 1
	270	+	HB3333 HFLR Page 6
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	296	+	infant and children's health care. The Infant and Children 's Health
	297	+	Advisory Council shall be composed as follows:
	298	+	a. the Governor shall appoint:
289	299		(1) one member who works for the state or for a
290	300		political subdivision on child abuse issues, and
291	301		(2) one member who is know ledgeable about childhood
292	302		immunizations,
293	303		b. the President Pro Tempore of the Oklahoma State Senate
294	304		shall appoint:
295	305		(1) one member who is knowledgeable about newborn
296	306		screening issues,
297	307		(2) one member licensed by the state as an
298	308		optometrist who has knowledge of vision screen ing
299	309		for children, and
300	310		(3) one member who is a license d ophthalmologist in
301	311		this state with the knowledge of treating visua l
302	312		deficiencies in children,
303	313		c. the Speaker of the Oklahoma House of Representatives
304	314		shall appoint:
305	315		(1) one member who is licensed by the state a s a
306	316		physician and works as a pediatrician, and
307	317		(2) one member who is licensed by the state as a
308	318		genetic counselor, and
309		-	d. the Commissioner shall appoint o ne member who is a
310		-	physician licensed by the state who specializes in the
311		-	diagnosis and treatment of c hildhood injuries in a
312		-	trauma setting.
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314		-	ENGR. H. B. NO. 3333 Page 7 1
	320	+	HB3333 HFLR Page 7
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	346	+	d. the Commissioner shall appoint o ne member who is a
	347	+	physician licensed by the state who specializes in the
	348	+	diagnosis and treatment of c hildhood injuries in a
	349	+	trauma setting.
339	350		2. The jurisdictional areas of the Infant and Children 's Health
340	351		Advisory Council shall include all issues that ari se in the area of
341	352		health care for infants and children and such other areas as
342	353		designated by the Commi ssioner.
343	354		F. 1. All members of the Advancement of We llness Advisory
344	355		Council shall be knowledgeable of issues th at arise in the area of
345	356		advancing the health of all Oklahomans. The Advancement of Wellness
346	357		Advisory Council shall be composed as follows:
347	358		a. the Governor shall appoint:
348	359		(1) one member who is know ledgeable about breast and
349	360		cervical cancer issues, and
350	361		(2) one member who is knowledgeable about orga n donor
351	362		issues, and
352	363		(3) one member who is knowledgeable about
353	364		cardiometabolic disease including obesit y,
354	365		dyslipidemia, hypertension, and diabetes ,
355	366		b. the President Pro Tempore of the Oklahoma State Senate
356	367		shall appoint:
357		-	(1) one member who is mayor of a cit y or town that
358		-	has been designated a certifie d healthy community
359		-	in an urban setting, and
360		-	(2) one member who is the p resident or chief
361		-	operating officer of a business that has been
362		-	designated a certified healthy bu siness, and
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364		-	ENGR. H. B. NO. 3333 Page 8 1
	369	+	HB3333 HFLR Page 8
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	395	+	(1) one member who is mayor of a cit y or town that
	396	+	has been designated a certifie d healthy community
	397	+	in an urban setting, and
	398	+	(2) one member who is the p resident or chief
	399	+	operating officer of a business that has been
	400	+	designated a certified healthy bu siness, and
389	401		(3) one member who represents an Urban Indian Health
390	402		Center in this state or a nonprofit organization
391	403		with a major focus on improving public health for
392	404		citizens of federally recognized Indian tribes in
393	405		this state,
394	406		c. the Speaker of the House of Representatives shall
395	407		appoint:
396	408		(1) one member who is the mayor of a city or town
397	409		that has been designated a certified healthy
398	410		community in a rural setting, and
399	411		(2) one member who is the president or chief
400	412		operating officer of a business that has been
401	413		designated a certified healthy business in an
402	414		urban setting, and
403	415		(3) one member who represents a fe derally recognized
404	416		Indian tribe based in this state which maintains
405	417		a tribally operated health care system, and
406		-	d. the Commissioner shall appoint one member who is the
407		-	Executive Director of the Tobacco S ettlement Endowment
408		-	Trust.
409		-	2. The jurisdictional areas of the Advancement of Wellness
410		-	Advisory Council shall include all issues that ar ise in the areas of
411		-	tobacco usage and cessation, organ and tissue donation,
412		-	cardiometabolic disease, American Indian hea lth, the requirements
413	418
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	445	+	d. the Commissioner shall appoint one member who is the
	446	+	Executive Director of the Tobacco S ettlement Endowment
	447	+	Trust.
	448	+	2. The jurisdictional areas of the Advancement of Wellness
	449	+	Advisory Council shall include all issues that ar ise in the areas of
	450	+	tobacco usage and cessation, organ and tissue donation,
	451	+	cardiometabolic disease, American Indian hea lth, the requirements
439	452		for a city or town in the state to be designated as a certified
440	453		healthy community, the requirements for a business to be designated
441	454		as a certified healthy business and such other a reas as designated
442	455		by the Commissioner.
443	456		G. 1. All members of the Home Care, Hospice and Palliative
444	457		Care Advisory Council shall be knowledgeable of issues that arise in
445	458		the administration a nd practice of home care, hospice and palliative
446	459		care services. The Home Care, Hospice and Palliative Care Advisory
447	460		Council shall be composed as follows:
448	461		a. the Governor shall appoint:
449	462		(1) one member who is the owner or administrator of
450	463		an entity licensed in accordance with the
451	464		Oklahoma Hospice Licensing Act, and
452	465		(2) one member who is an owner or administrator of an
453	466		entity licensed in accordance with the Oklahoma
454	467		Home Care Act,
455		-	b. the President Pro Tempore of the Oklahoma State Senate
456		-	shall appoint:
457		-	(1) one member who is an owner or administrator of an
458		-	entity licensed in accordance with the Oklahoma
459		-	Hospice Licensing Act,
460		-	(2) one member who is an owner or administrator of an
461		-	entity licensed in accordance with the Oklahoma
462		-	Home Care Act, and
463	468
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	470	+	BOLD FACE denotes Committee Amendments. 1
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	495	+	b. the President Pro Tempore of the Oklahoma State Senate
	496	+	shall appoint:
	497	+	(1) one member who is an owner or administrator of an
	498	+	entity licensed in accordance with the Oklahoma
	499	+	Hospice Licensing Act,
	500	+	(2) one member who is an owner or administrator of an
	501	+	entity licensed in accordance with the Oklahoma
	502	+	Home Care Act, and
489	503		(3) one member who is a member of the palliative care
490	504		patient advocacy community,
491	505		c. the Speaker of the Oklahoma House of Representative s
492	506		shall appoint:
493	507		(1) one member representing the public who is or was
494	508		a legal guardian of a recipient of hospice
495	509		services,
496	510		(2) one member representing the publi c who is a
497	511		recipient or legal guardian of a recipient of
498	512		services from a home health agency, and
499	513		(3) one member who is an allopathic or osteopathic
500	514		physician or nurse certified in palliative care
501	515		delivery in this state, and
502	516		d. the Commissioner shall appoin t one member representing
503	517		an association which advocat es on behalf of home care
504	518		or hospice issues.
505		-	2. The jurisdictional areas of the Home Care, Hospice and
506		-	Palliative Care Advisory Council shall include all issues that arise
507		-	in the areas of home care, ho spice services and palliative care,
508		-	including, but not limited to:
509		-	a. identifying methods that i mprove the quality and
510		-	delivery of home care, hospice and palliative care,
511		-	b. reviewing best practices from home care, hospice and
512		-	palliative care programs in t he state,
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	546	+	2. The jurisdictional areas of the Home Care, Hospice and
	547	+	Palliative Care Advisory Council shall include all issues that arise
	548	+	in the areas of home care, ho spice services and palliative care,
	549	+	including, but not limited to:
	550	+	a. identifying methods that i mprove the quality and
	551	+	delivery of home care, hospice and palliative care,
	552	+	b. reviewing best practices from home care, hospice and
	553	+	palliative care programs in t he state,
539	554		c. developing information on home care, hosp ice and
540	555		palliative care issues for the gen eral public, and
541	556		d. such other areas as designated by the Commissioner.
542	557		H. In addition to other powers and duties assigned to each
543	558		Advisory Council pursuant to this section, each Advisory Council,
544	559		within its jurisdictional area, shall:
545	560		1. Have authority to recommend to the Commissioner rules on
546	561		behalf of the Department. The Department shall not have standing to
547	562		recommend to the Commissioner permanent rules or changes to such
548	563		rules within the jurisdiction of an Ad visory Council which have not
549	564		been submitted previously to the appropriate Advisory Council for
550	565		action;
551	566		2. Before recommending any permanent rules to the Commissioner,
552	567		give public notice, offer an oppo rtunity for public comment and
553	568		conduct a public rulema king hearing when required by the
554	569		Administrative Procedures Act;
555		-	3. Have the authority to make nonbinding written
556		-	recommendations to the Commissioner or to the Department which have
557		-	been concurred upon by at least a majority of the membership of the
558		-	Advisory Council;
559		-	4. Have the authority to pro vide a public forum for the
560		-	discussion of issues it considers relevant to its area of
561		-	jurisdiction, and to:
562	570
563		-	ENGR. H. B. NO. 3333 Page 12 1
	571	+	HB3333 HFLR Page 12
	572	+	BOLD FACE denotes Committee Amendments. 1
564	573		2
565	574		3
566	575		4
567	576		5
568	577		6
569	578		7
570	579		8
571	580		9
572	581		10
573	582		11
574	583		12
575	584		13
576	585		14
577	586		15
578	587		16
579	588		17
580	589		18
581	590		19
582	591		20
583	592		21
584	593		22
585	594		23
586	595		24
587	596
	597	+	3. Have the authority to make nonbinding written
	598	+	recommendations to the Commissioner or to the Department which have
	599	+	been concurred upon by at least a majority of the membership of the
	600	+	Advisory Council;
	601	+	4. Have the authority to pro vide a public forum for the
	602	+	discussion of issues it considers relevant to its area of
	603	+	jurisdiction, and to:
588	604		a. pass nonbinding resolutions expressing the sense of
589	605		the Advisory Council, and
590	606		b. make recommendations t o the Commissioner or the
591	607		Department concerning the need and the desirability of
592	608		conducting meetings, workshops and seminars; and
593	609		5. Cooperate with each other Advisory Council, the public, the
594	610		Commissioner and the Commissioner of Health in order to coordi nate
595	611		the rules within their respective jur isdictional areas and to
596	612		achieve maximum efficiency and effectiveness in furthering the
597	613		objectives of the Department.
598	614		I. The Advisory Councils shall not recomm end rules for
599	615		promulgation by the Commissioner unless all applicable requirements
600	616		of the Administrative Procedures Act have been followed, including
601	617		but not limited to notice, rule -impact statement and rulemaking
602	618		hearings.
603	619		J. Members of the Advisory Counc ils shall serve without
604	620		compensation. The Advisory Co uncils are authorized to utilize the
605		-	conference rooms of the Department and obtain administrative
606		-	assistance from the Department, as required.
607		-	SECTION 2. This act shall become effective November 1, 2024.
608	621
609		-	ENGR. H. B. NO. 3333 Page 13 1
	622	+	HB3333 HFLR Page 13
	623	+	BOLD FACE denotes Committee Amendments. 1
610	624		2
611	625		3
612	626		4
613	627		5
614	628		6
615	629		7
616	630		8
617	631		9
618	632		10
619	633		11
620	634		12
621	635		13
622	636		14
623	637		15
624	638		16
625	639		17
626	640		18
627	641		19
628	642		20
629	643		21
630	644		22
631	645		23
632	646		24
633	647
634		-	Passed the House of Representatives the 27th day of February,
635		-	2024.
	648	+	conference rooms of the Department and obtain administrative
	649	+	assistance from the Department, as required.
	650	+	SECTION 2. This act shall become effective November 1, 2024.
636	651
637		-
638		-
639		-
640		-	Presiding Officer of the House
641		-	of Representatives
642		-
643		-
644		-	Passed the Senate the ___ day of __________, 2024.
645		-
646		-
647		-
648		-
649		-	Presiding Officer of the Senate
650		-
651		-
	652	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/15/2024 -
	653	+	DO PASS.