Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1708 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	SB1708 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1708 By: Seifried of the Senate
7	37
8	38		and
9	39
10	40		Roe of the House
11	41
12	42
13	43
14	44
15	45		An Act relating to public health; amending 63 O.S.
16	46		2021, Section 1-103a.1, which relates to Public
17	47		Health Advisory Councils; creating exception;
18	48		increasing membership of the Advancement of Wellness
19	49		Advisory Council; directing appointment of certain
20	50		members; broadening jurisdictional areas of the
21	51		Advancement of Welln ess Advisory Council; updating
22	52		statutory reference; and providing an effective date .
23	53
24	54
25	55
26	56
27		-	SUBJECT: Advancement of Wellness Advisory Council
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -103a.1, is
32	59		amended to read as follows:
33		-
34	60		Section 1-103a.1. A. To assist and advise the State
35	61		Commissioner of Health and the State Department of He alth, there are
36	62		hereby created:
37		-
38	63		1. The Consumer Protection Licensing Advisory Council;
39		-
40	64		2. The Trauma and Emergency Response Advisory Council;
41		-
42	65		3. The Infant and Children’s Health Advisory Council;
43		-
44	66		4. The Advancement of Wellness Advi sory Council; and
45	67
	68	+	SB1708 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
	70	+	2
	71	+	3
	72	+	4
	73	+	5
	74	+	6
	75	+	7
	76	+	8
	77	+	9
	78	+	10
	79	+	11
	80	+	12
	81	+	13
	82	+	14
	83	+	15
	84	+	16
	85	+	17
	86	+	18
	87	+	19
	88	+	20
	89	+	21
	90	+	22
	91	+	23
	92	+	24
	93	+
46	94		5. The Home Care, Hospice and Palliative Care Advisory Council.
47		-
48		-	ENR. S. B. NO. 1708 Page 2
49		-
50	95		B. 1. Except for the Home Care, Hospice and Palliative Care
51	96		Advisory Council and the Advancement of Wellness Advisory Council ,
52	97		each Public Health Advisory Council (Advisory Council) created
53	98		pursuant to subsection A of this section shall consist of seven (7)
54	99		members. Two members shall be appointed by the Governor, two
55	100		members shall be appoin ted by the Speaker of the House of
56	101		Representatives, two members shall be appointed b y the President Pro
57	102		Tempore of the Senate, and one member shall be appointed by the
58	103		Commissioner. Appointments shall be for three -year terms. Members
59	104		of the Advisory Coun cils shall serve at the pleasure of and may be
60	105		removed from office by the appointing authority. Members shall
61	106		continue to serve until their successors are appointed. Any vacancy
62	107		shall be filled in the same manner as the original appointments.
63	108		Four members shall constitute a quorum.
64		-
65	109		2. The Home Care, Hospice and Palliative Care Advisor y Council
66	110		shall consist of nine (9) members. Two members shall be appointed
67	111		by the Governor, three members shall be appointed by the Speaker of
68	112		the House of Representative s, three members shall be appointed by
69	113		the President Pro Tempore of the Senate and one member shall be
70	114		appointed by the Commissioner. Five members shall constitute a
71	115		quorum.
72		-
73	116		3. The Advancement of Wellness Advisory Council shall consist
74	117		of ten (10) members. Three members shall be appointed by the
	118	+
	119	+	SB1708 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
	121	+	2
	122	+	3
	123	+	4
	124	+	5
	125	+	6
	126	+	7
	127	+	8
	128	+	9
	129	+	10
	130	+	11
	131	+	12
	132	+	13
	133	+	14
	134	+	15
	135	+	16
	136	+	17
	137	+	18
	138	+	19
	139	+	20
	140	+	21
	141	+	22
	142	+	23
	143	+	24
	144	+
75	145		Governor, three members shall be appoint ed by the President P ro
76	146		Tempore of the Senate, three members shall be appointed by the
77	147		Speaker of the House of Representatives, and one member shall be
78	148		appointed by the Com missioner. Six members shall constitute a
79	149		quorum.
80		-
81	150		4. Each Advisory Council shall meet at least twice a year, but
82	151		no more than four times a year and shall elect a chair, a vice-chair
83	152		vice chair, and a secretary from among its members. Each Advisory
84	153		Council shall only meet as required for election of officers,
85	154		establishment of meeting da tes and times; rule d evelopment, review,
86	155		and recommendation; and adoption of nonbinding resolutions to the
87	156		Department or the Commissioner concerning matters brought before the
88	157		Advisory Council. Special meetings may be called by the chair or by
89	158		the concurrence of any three mem bers.
90		-
91		-
92		-	ENR. S. B. NO. 1708 Page 3
93	159		C. 1. All members of the Consumer Protection Licensing
94	160		Advisory Council shall be knowledgeable of certain consumer issues
95	161		as specified below. The Consumer Protection Licensing Advisory
96	162		Council shall be composed as follows:
97		-
98	163		a. the Governor shall ap point:
99		-
100	164		(1) one member who is a licensed radiologist
101	165		assistant, and
	166	+	(2) one member who is a licensed audiologist,
	167	+	b. the President Pro Tempore of the Se nate shall appoint:
	168	+	(1) one member who is a licensed radiologist, and
102	169
103		-	(2) one member who is a licensed audiologist,
104		-
105		-	b. the President Pro Tempore of the Senate shall appoint:
106		-
107		-	(1) one member who is a licensed radiologist, and
	170	+	SB1708 HFLR Page 4
	171	+	BOLD FACE denotes Committee Amendments. 1
	172	+	2
	173	+	3
	174	+	4
	175	+	5
	176	+	6
	177	+	7
	178	+	8
	179	+	9
	180	+	10
	181	+	11
	182	+	12
	183	+	13
	184	+	14
	185	+	15
	186	+	16
	187	+	17
	188	+	18
	189	+	19
	190	+	20
	191	+	21
	192	+	22
	193	+	23
	194	+	24
108	195
109	196		(2) one member representing the hea ring-aid-fitting
110	197		industry,
111		-
112	198		c. the Speaker of the House of Representatives shall
113	199		appoint:
114		-
115	200		(1) one member representing the medical
116	201		micropigmentation indu stry, and
117		-
118	202		(2) one member representing the hearing -impaired
119	203		public, and
120		-
121	204		d. the Commissioner shall appoint one member representing
122	205		a diagnostic x-ray facility.
123		-
124	206		2. The jurisdiction areas of the Consumer Protection Licensing
125	207		Advisory Council shall include the hearing-aid-fitting industry, the
126	208		medical micropigmentation industry, the radiation industry , and such
127	209		other areas as designated by the Commissioner.
128		-
129	210		D. 1. All members of the Trauma and Emergency Response
130	211		Advisory Council shall be knowledgeable of issue s that arise in a
131	212		hospital setting and issues that arise concerning emergency
132	213		response. The Trauma and E mergency Response Advisory Council shall
133	214		be composed as follows:
134		-
135		-
136		-	ENR. S. B. NO. 1708 Page 4
137	215		a. the Governor shall appoint:
138		-
139	216		(1) one member who is an administrative director of a
140	217		licensed ambulance service, and
141		-
142	218		(2) one member who is a Board Certified Emergency
143	219		Physician board-certified emergency physician ,
144	220
	221	+	SB1708 HFLR Page 5
	222	+	BOLD FACE denotes Committee Amendments. 1
	223	+	2
	224	+	3
	225	+	4
	226	+	5
	227	+	6
	228	+	7
	229	+	8
	230	+	9
	231	+	10
	232	+	11
	233	+	12
	234	+	13
	235	+	14
	236	+	15
	237	+	16
	238	+	17
	239	+	18
	240	+	19
	241	+	20
	242	+	21
	243	+	22
	244	+	23
	245	+	24
	246	+
145	247		b. the President Pro Tempore of the Senate shall appoint:
146		-
147	248		(1) one member who is a representative from a
148	249		hospital with trauma and emergency services, and
149		-
150	250		(2) one member who is a trauma surgeon with
151	251		privileges at a hospital with trauma and
152	252		emergency operative services,
153		-
154	253		c. the Speaker of the House of Representatives shall
155	254		appoint:
156		-
157	255		(1) one member representing the trauma registrar of a
158	256		licensed hospital that is classified as providing
159	257		trauma and emergency operative services, and
160		-
161	258		(2) one member who is an Emergency Medical Technician
162	259		emergency medical technician , and
163		-
164	260		d. the Commissioner shall appoint one member who is a
165	261		critical care nurse.
166		-
167	262		2. The jurisdictional areas of the Trauma and Emergency
168	263		Response Advisory Council shall include emerge ncy response systems
169	264		development, injury prevention, catastrophic health emergency,
170	265		trauma systems improvement and development and such other areas
171	266		designated by the Commissioner.
172		-
173	267		E. 1. All members of the Infant and Children ’s Health Advisory
174	268		Council shall be knowledgeable of issues that arise in the area of
175	269		infant and children’s health care. The Infant and Children ’s Health
176	270		Advisory Council shall be composed as follows:
177	271
	272	+	SB1708 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
	274	+	2
	275	+	3
	276	+	4
	277	+	5
	278	+	6
	279	+	7
	280	+	8
	281	+	9
	282	+	10
	283	+	11
	284	+	12
	285	+	13
	286	+	14
	287	+	15
	288	+	16
	289	+	17
	290	+	18
	291	+	19
	292	+	20
	293	+	21
	294	+	22
	295	+	23
	296	+	24
	297	+
178	298		a. the Governor shall appoint:
179		-
180		-	ENR. S. B. NO. 1708 Page 5
181		-
182	299		(1) one member who works for the state or for a
183	300		political subdivision on child abuse issues, and
184		-
185	301		(2) one member who is knowledgeable about childhood
186	302		immunizations,
187		-
188	303		b. the President Pro Tempore of the Sena te shall appoint:
189		-
190	304		(1) one member who is knowledgeable about newborn
191	305		screening issues,
192		-
193	306		(2) one member licensed by the state as an
194	307		optometrist who has knowledge of vision screening
195	308		for children, and
196		-
197	309		(3) one member who is a licensed ophthalmologist in
198	310		this state with the knowledge of treating visual
199	311		deficiencies in children,
200		-
201	312		c. the Speaker of the House of Repres entatives shall
202	313		appoint:
203		-
204	314		(1) one member who is licensed by the state as a
205	315		physician and works as a pediatrician, and
206		-
207	316		(2) one member who is licensed by the state as a
208	317		genetic counselor, and
209		-
210	318		d. the Commissioner shall appoint one member who is a
211	319		physician licensed by the state who specializes in the
212	320		diagnosis and treatment of childhood injuries in a
213	321		trauma setting.
214	322
	323	+	SB1708 HFLR Page 7
	324	+	BOLD FACE denotes Committee Amendments. 1
	325	+	2
	326	+	3
	327	+	4
	328	+	5
	329	+	6
	330	+	7
	331	+	8
	332	+	9
	333	+	10
	334	+	11
	335	+	12
	336	+	13
	337	+	14
	338	+	15
	339	+	16
	340	+	17
	341	+	18
	342	+	19
	343	+	20
	344	+	21
	345	+	22
	346	+	23
	347	+	24
	348	+
215	349		2. The jurisdictional areas of the Infant and Children’s Health
216	350		Advisory Council shall include all issues that arise in the a rea of
217	351		health care for infants and children and such other areas as
218	352		designated by the Commissioner.
219		-
220	353		F. 1. All members of the Advancement of Wellness Advisory
221	354		Council shall be knowledgeable of issues that arise in the area of
222		-
223		-	ENR. S. B. NO. 1708 Page 6
224	355		advancing the health of all Oklahomans. The Advan cement of Wellness
225	356		Advisory Council shall be composed as follows:
226		-
227	357		a. the Governor shall appoint:
228		-
229	358		(1) one member who is knowledgeable about breast and
230	359		cervical cancer issues, and
231		-
232	360		(2) one member who is knowledgeable about organ donor
233	361		issues, and
234		-
235	362		(3) one member who is knowledgeable about
236	363		cardiometabolic disease including obesity,
237	364		dyslipidemia, hypertension, and diabetes ,
238		-
239	365		b. the President Pro Tempore of the Senate shall appoint:
240		-
241	366		(1) one member who is mayor of a city or town that
242	367		has been designated a certified healthy community
243	368		in an urban setting, and
244		-
245	369		(2) one member who is the president or chief
246	370		operating officer of a business that has been
247	371		designated a certified healthy business , and
	372	+
	373	+	SB1708 HFLR Page 8
	374	+	BOLD FACE denotes Committee Amendments. 1
	375	+	2
	376	+	3
	377	+	4
	378	+	5
	379	+	6
	380	+	7
	381	+	8
	382	+	9
	383	+	10
	384	+	11
	385	+	12
	386	+	13
	387	+	14
	388	+	15
	389	+	16
	390	+	17
	391	+	18
	392	+	19
	393	+	20
	394	+	21
	395	+	22
	396	+	23
	397	+	24
248	398
249	399		(3) one member who represents an Urban Indian Health
250	400		Center in this state or a nonprofit organization
251	401		with a major focus on improving public health for
252	402		citizens of federally recognized tribes in this
253	403		state,
254		-
255	404		c. the Speaker of the House of Representatives shall
256	405		appoint:
257		-
258	406		(1) one member who is the mayor of a city or town
259	407		that has been designated a certified healthy
260	408		community in a rural setting, and
261		-
262	409		(2) one member who is the president or chief
263	410		operating officer of a business that has been
264	411		designated a certified healthy business in an
265	412		urban setting, and
266		-
267		-	ENR. S. B. NO. 1708 Page 7
268		-
269	413		(3) one member who represents a fed erally recognized
270	414		tribe based in this state which maintains a
271	415		tribally operated health system, and
272		-
273	416		d. the Commissioner shall appoint one member who is the
274	417		Executive Director of the Tobacco Settlement Endowment
275	418		Trust.
276		-
277	419		2. The jurisdictional areas of the Adv ancement of Wellness
278	420		Advisory Council shall include all issues that arise in the areas of
279	421		tobacco usage and cessation, organ and tissue donation ,
280	422		cardiometabolic disease, American Indian health , the requirements
	423	+
	424	+	SB1708 HFLR Page 9
	425	+	BOLD FACE denotes Committee Amendments. 1
	426	+	2
	427	+	3
	428	+	4
	429	+	5
	430	+	6
	431	+	7
	432	+	8
	433	+	9
	434	+	10
	435	+	11
	436	+	12
	437	+	13
	438	+	14
	439	+	15
	440	+	16
	441	+	17
	442	+	18
	443	+	19
	444	+	20
	445	+	21
	446	+	22
	447	+	23
	448	+	24
	449	+
281	450		for a city or town in t he state to be design ated as a certified
282	451		healthy community, the requirements for a business to be designated
283	452		as a certified healthy business and such other areas as designa ted
284	453		by the Commissioner.
285		-
286	454		G. 1. All members of the Home Care, Hospice and Palliative
287	455		Care Advisory Council shall be knowledgeable of issues that arise in
288	456		the administration and practice of home care, hospice and palliative
289	457		care services. The Home Care, H ospice and Palliative Care Advisory
290	458		Council shall be composed as follows:
291		-
292	459		a. the Governor shall appoint:
293		-
294	460		(1) one member who is the owner or administrator of
295	461		an entity licensed in accordance with the
296	462		Oklahoma Hospice Licensing Act, and
297		-
298	463		(2) one member who is an owner or administrator of an
299	464		entity licensed in accordance with the Oklahoma
300	465		Home Care Act,
301		-
302	466		b. the President Pro Tempore of the Senate shall appoint:
303		-
304	467		(1) one member who is an owner or administrator of an
305	468		entity licensed in accordance with the Oklahoma
306	469		Hospice Licensing Act,
307		-
308		-
309		-	ENR. S. B. NO. 1708 Page 8
310	470		(2) one member who is an owner or administrator of an
311	471		entity licensed in accordanc e with the Oklahoma
312	472		Home Care Act, and
313	473
	474	+	SB1708 HFLR Page 10
	475	+	BOLD FACE denotes Committee Amendments. 1
	476	+	2
	477	+	3
	478	+	4
	479	+	5
	480	+	6
	481	+	7
	482	+	8
	483	+	9
	484	+	10
	485	+	11
	486	+	12
	487	+	13
	488	+	14
	489	+	15
	490	+	16
	491	+	17
	492	+	18
	493	+	19
	494	+	20
	495	+	21
	496	+	22
	497	+	23
	498	+	24
	499	+
314	500		(3) one member who is a member of the palliative care
315	501		patient advocacy community,
316		-
317	502		c. the Speaker of the House of Representatives shall
318	503		appoint:
319		-
320	504		(1) one member representing the public who is or was
321	505		a legal guardian of a recipient of hospice
322	506		services,
323		-
324	507		(2) one member representing the public who is a
325	508		recipient or legal guardian of a recipient of
326	509		services from a home hea lth agency, and
327		-
328	510		(3) one member who is an allopathic or osteopathic
329	511		physician or nurse certified in pallia tive care
330	512		delivery in this state, and
331		-
332	513		d. the Commissioner shall appoint one member representing
333	514		an association which advocates on behalf of home care
334	515		or hospice issues.
335		-
336	516		2. The jurisdictional areas of the Home Care, Hospice and
337	517		Palliative Care Advisory Cou ncil shall include all issues that arise
338	518		in the areas of home care, hospice services and palliative care,
339	519		including, but not limited to:
340		-
341	520		a. identifying methods that improve the quality and
342	521		delivery of home care, hospice and palliative care,
343		-
344	522		b. reviewing best practices from home care, hospice and
345	523		palliative care programs in the state,
346	524
	525	+	SB1708 HFLR Page 11
	526	+	BOLD FACE denotes Committee Amendments. 1
	527	+	2
	528	+	3
	529	+	4
	530	+	5
	531	+	6
	532	+	7
	533	+	8
	534	+	9
	535	+	10
	536	+	11
	537	+	12
	538	+	13
	539	+	14
	540	+	15
	541	+	16
	542	+	17
	543	+	18
	544	+	19
	545	+	20
	546	+	21
	547	+	22
	548	+	23
	549	+	24
	550	+
347	551		c. developing information on home care, hospice and
348	552		palliative care issues for the general public, and
349		-
350	553		d. such other areas as designated by the Commissioner.
351		-
352		-
353		-	ENR. S. B. NO. 1708 Page 9
354	554		H. In addition to other powers and duties assigned to each
355	555		Advisory Council pursuant to this section, each Advisory Council,
356	556		within its jurisdictional area, shall:
357		-
358	557		1. Have authority to recommend to the Commissioner rules on
359	558		behalf of the Department. The Department shall not have standing to
360	559		recommend to the Commissioner permanent rules or changes to such
361	560		rules within the jurisdiction of an Advisory Council which have n ot
362	561		been submitted previously to the appropriate Advisory Council for
363	562		action;
364		-
365	563		2. Before recommending any permanent rules to the Commissioner,
366	564		give public notice, offer an opportunity for public comment and
367	565		conduct a public rulemaking hearing when required by the
368	566		Administrative Procedures Act;
369		-
370	567		3. Have the authority to make nonbinding writ ten
371	568		recommendations to the Commissioner or to the Department which have
372	569		been concurred upon by at least a majority of the membership of the
373	570		Advisory Council;
374		-
375	571		4. Have the authority to provide a public forum for the
376	572		discussion of issues it considers relevant to its area of
377	573		jurisdiction, and to:
378	574
	575	+	SB1708 HFLR Page 12
	576	+	BOLD FACE denotes Committee Amendments. 1
	577	+	2
	578	+	3
	579	+	4
	580	+	5
	581	+	6
	582	+	7
	583	+	8
	584	+	9
	585	+	10
	586	+	11
	587	+	12
	588	+	13
	589	+	14
	590	+	15
	591	+	16
	592	+	17
	593	+	18
	594	+	19
	595	+	20
	596	+	21
	597	+	22
	598	+	23
	599	+	24
	600	+
379	601		a. pass nonbinding resolutions expressing the sense of
380	602		the Advisory Council, and
381		-
382	603		b. make recommendations to the Commissioner or the
383	604		Department concerning the need and the desirability of
384	605		conducting meetings, workshops, and seminars; and
385		-
386	606		5. Cooperate with each other Advisory Council, the public, the
387	607		Commissioner, and the Commissioner of Health in order to coordinate
388	608		the rules within the ir respective jurisdictional areas and to
389	609		achieve maximum efficiency and effectiveness in furthering the
390	610		objectives of the Department.
391		-
392	611		I. The Advisory Councils shall not recommend rules for
393	612		promulgation by the Commissioner unless all applicable requiremen ts
394	613		of the Administrative Procedures Act have been followed, including
395		-
396		-	ENR. S. B. NO. 1708 Page 10
397	614		but not limited to notice, rule-impact statement, and rulemaking
398	615		hearings.
399		-
400	616		J. Members of the Advisory Councils shall serve without
401	617		compensation. The Advisory Councils are authorized to utilize the
402	618		conference rooms of the Department and obtain administrative
403	619		assistance from the Department, as required.
404		-
405	620		SECTION 2. This act shall become effective November 1, 2024.
406	621
407		-
408		-	ENR. S. B. NO. 1708 Page 11
409		-	Passed the Senate th e 4th day of March, 2024.
410		-
411		-
412		-
413		-	Presiding Officer of the Senate
414		-
415		-
416		-	Passed the House of Representatives the 17th day of April, 2024.
417		-
418		-
419		-
420		-	Presiding Officer of the House
421		-	of Representatives
422		-
423		-	OFFICE OF THE GOVERNOR
424		-	Received by the Office of the Governor this ____________________
425		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
426		-	By: _________________________________
427		-	Approved by the Governor of the State of Oklahoma this _______ __
428		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
429		-
430		-	_________________________________
431		-	Governor of the State of Oklahoma
432		-
433		-
434		-	OFFICE OF THE SECRETARY OF STATE
435		-	Received by the Office of the Secretary of State this _______ ___
436		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
437		-	By: _________________________________
	622	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, date d
	623	+	04/09/2024 - DO PASS.