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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1708 By: Seifried of the Senate
and
Roe of the House
An Act relating to public health; amending 63 O.S.
2021, Section 1-103a.1, which relates to Public
Health Advisory Councils; creating exception;
increasing membership of the Advancement of Wellness
Advisory Council; directing appointment of certain
members; broadening jurisdictional areas of the
Advancement of Welln ess Advisory Council; updating
statutory reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE 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 Department of He alth, there are
hereby created:
1. The Consumer Protection Licensing Advisory Council;
2. The Trauma and Emergency Response Advisory Council;
3. The Infant and Children’s Health Advisory Council;
4. The Advancement of Wellness Advi sory Council; and
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5. The Home Care, Hospice and Palliative Care Advisory Council.
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 Council) 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 appoin ted by the Speaker of the House of
Representatives, two members shall be appointed b y the President 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 Coun cils shall serve at the pleasure of and may be
removed from office by the appointing authority. 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 constitute a quorum.
2. The Home Care, Hospice and Palliative Care Advisor y Council
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 Representative s, three members shall be appointed by
the President Pro Tempore of the Senate and one member 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
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Governor, three members shall be appoint ed by the President P ro
Tempore of the Senate, three members shall be appointed by the
Speaker of the House of Representatives, and one member shall be
appointed by the Com missioner. Six 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
vice chair, and a secretary from among its members. Each Advisory
Council shall only meet as required for election of officers,
establishment of meeting da tes and times; rule d evelopment, review,
and recommendation; and adoption of nonbinding 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 mem bers.
C. 1. All members of the Consumer Protection Licensing
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 ap point:
(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 Se nate shall appoint:
(1) one member who is a licensed radiologist, and
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(2) one member representing the hea ring-aid-fitting
industry,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member representing the medical
micropigmentation indu stry, 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 micropigmentation 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 issue s that arise in a
hospital setting and issues that arise concerning emergency
response. The Trauma and E mergency 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 Board Certified Emergency
Physician board-certified emergency physician ,
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b. the President Pro Tempore of the 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 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
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 include emerge ncy response systems
development, injury prevention, catastrophic health emergency,
trauma systems improvement and development 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
infant and children’s health care. The Infant and Children ’s Health
Advisory Council shall be composed as follows:
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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 knowledgeable about childhood
immunizations,
b. the President Pro Tempore of the Sena te 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 screening
for children, and
(3) one member who is a licensed ophthalmologist in
this state with the knowledge of treating visual
deficiencies in children,
c. the Speaker of the House of Repres entatives shall
appoint:
(1) one member who is licensed by the state as a
physician and works as a pediatrician, and
(2) one member who is licensed by the state as a
genetic counselor, and
d. the Commissioner shall appoint one member who is a
physician licensed by the state who specializes in the
diagnosis and treatment of childhood injuries in a
trauma setting.
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2. The jurisdictional areas of the Infant and Children’s Health
Advisory Council shall include all issues that arise in the a rea of
health care for infants and children and such other areas as
designated by the Commissioner.
F. 1. All members of the Advancement of Wellness Advisory
Council shall be knowledgeable of issues that arise in the area of
advancing the health of all Oklahomans. The Advan cement of Wellness
Advisory Council shall be composed as follows:
a. the Governor shall appoint:
(1) one member who is knowledgeable about breast and
cervical cancer issues, and
(2) one member who is knowledgeable about organ donor
issues, and
(3) one member who is knowledgeable about
cardiometabolic disease including obesity,
dyslipidemia, hypertension, and diabetes ,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is mayor of a city or town that
has been designated a certified healthy community
in an urban setting, and
(2) one member who is the president or chief
operating officer of a business that has been
designated a certified healthy business , and
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(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 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 fed erally recognized
tribe based in this state which maintains a
tribally operated health system, and
d. the Commissioner shall appoint one member who is the
Executive Director of the Tobacco Settlement Endowment
Trust.
2. The jurisdictional areas of the Adv ancement of Wellness
Advisory Council shall include all issues that arise in the areas of
tobacco usage and cessation, organ and tissue donation ,
cardiometabolic disease, American Indian health , the requirements
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for a city or town in t he state to be design ated as a certified
healthy community, the requirements for a business to be designated
as a certified healthy business and such other areas as designa ted
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 and practice of home care, hospice and palliative
care services. The Home Care, H ospice 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,
b. the President Pro Tempore of the Senate shall appoint:
(1) one member who is an owner or administrator of an
entity licensed in accordance with the Oklahoma
Hospice Licensing Act,
(2) one member who is an owner or administrator of an
entity licensed in accordanc e with the Oklahoma
Home Care Act, and
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(3) one member who is a member of the palliative care
patient advocacy community,
c. the Speaker of the House of Representatives 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 public who is a
recipient or legal guardian of a recipient of
services from a home hea lth agency, and
(3) one member who is an allopathic or osteopathic
physician or nurse certified in pallia tive care
delivery in this state, and
d. the Commissioner shall appoint one member representing
an association which advocates on behalf of home care
or hospice issues.
2. The jurisdictional areas of the Home Care, Hospice and
Palliative Care Advisory Cou ncil shall include all issues that arise
in the areas of home care, hospice services and palliative care,
including, but not limited to:
a. identifying methods that improve the quality and
delivery of home care, hospice and palliative care,
b. reviewing best practices from home care, hospice and
palliative care programs in the state,
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c. developing information on home care, hospice and
palliative care issues for the general 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 area, 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 Council which have n ot
been submitted previously to the appropriate Advisory Council for
action;
2. Before recommending any permanent rules to the Commissioner,
give public notice, offer an opportunity for public comment and
conduct a public rulemaking hearing when required by the
Administrative Procedures Act;
3. Have the authority to make nonbinding writ ten
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 provide a public forum for the
discussion of issues it considers relevant to its area of
jurisdiction, and to:
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a. pass nonbinding resolutions expressing the sense of
the Advisory Council, and
b. make recommendations to the Commissioner 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 the ir respective jurisdictional areas and to
achieve maximum efficiency and effectiveness in furthering the
objectives of the Department.
I. The Advisory Councils shall not recommend rules for
promulgation by the Commissioner unless all applicable requiremen ts
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 Councils shall serve without
compensation. The Advisory Councils are authorized to utilize the
conference rooms of the Department and obtain administrative
assistance from the Department, as required.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, date d
04/09/2024 - DO PASS.