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SENATE FLOOR VERSION
March 2, 2023
SENATE BILL NO. 267 By: Seifried and Garvin of the
Senate
and
Boatman and Fugate 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 Wellness Advisory Council ; 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 S tate
Commissioner of Health and the State Department of Health, 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 Advisory Council; and
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5. The Home Care, Hospice and Palliative Care Advisory Council.
B. 1. Except for the Home Care, Hospi ce 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 th e Governor, two
members shall be appoi nted by the Speaker of the House of
Representatives, two members shall be appointed by 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 Councils 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 Advisory 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 Representativ es, 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 C ouncil shall consist
of ten (10) members. Three members shall be appointed by the
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Governor, three members shall be appointed by the President Pro
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 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 m embers. Each Advisory Council shall
only meet as required for election of officers, e stablishment of
meeting dates and times; rule development, review and
recommendation; and adoption of nonbinding resolutions to the
Department or the Commissioner concern ing matters brought before the
Advisory Council. Special meetings may be called by th e chair or by
the concurrence of any three members.
C. 1. All members of the Consum er Protection Licensing
Advisory Council shall be knowledgeable of certain consumer i ssues
as specified below. The Consumer Protection Licensing Advisory
Council shall be composed as follows:
a. the Governor shall appoint:
(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 Senate shall appoint:
(1) one member who is a licensed radiol ogist, and
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(2) one member representing the hearing-aid-fitting
industry,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member representing the med ical
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 micropigmentatio n industry, the radiation industry and such
other areas as designated by the Commissi oner.
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 con cerning emergency
response. The Trauma and Emergency Response Advisory Council shall
be composed as follows:
a. the Governor shall appoint:
(1) one member who is an admi nistrative director of a
licensed ambulance service, and
(2) one member who is a Board Certified Emergency
Physician,
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b. the President Pro Tempore of the Senate shall appo int:
(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 wi th trauma and
emergency operative services,
c. the Speaker of the House of Representa tives 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 a ppoint one member who is a
critical care nurse.
2. The jurisdictional areas of the T rauma and Emergency
Response Advisory Council shall include emergency response systems
development, injury prevention, catastrophic health emergency,
trauma systems improv ement 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 an d 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 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 screening
for children, and
(3) one member who is a licensed ophthalmologist in
this state with the knowledge of treating visu al
deficiencies in children,
c. the Speaker of the House of Representatives shall
appoint:
(1) one member who is licensed by the state as a
physician and works as a pediat rician, 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 w ho 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 area of
health care for infants and childr en 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 Advancement 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 knowledgea ble 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 certifi ed 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 bus iness in an
urban setting, and
(3) one member who represents a federally 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 S ettlement Endowment
Trust.
2. The jurisdictional areas of the Advancement 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 hea lth, the requirements
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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 busines s and such other areas as designated
by the Commissioner.
G. 1. All members of the Home Care, Hospice and Palliative
Care Advisory Council shall be knowledg eable of issues that arise in
the administration and 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 Licensi ng 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 accordance with the Oklahoma
Home Care Act, and
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(3) one member who is a member of the palliative care
patient advocacy communit y,
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 hospi ce
services,
(2) one member representing the public who is a
recipient or legal guardian of a reci pient 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 appoint one member representing
an association which a dvocates on behalf of home care
or hospice issues.
2. The jurisdictiona l areas of the Home Care, Hospice and
Palliative Care Advisory Council shall include a ll 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 ho me 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 du ties assigned to each
Advisory Council pursuant to this section, each Advisory Council,
within its jurisdictional area, shall:
1. Have authority to recommend to the Comm issioner 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 not
been submitted previously to the app ropriate Advisory Council for
action;
2. Before recommending any permanent rules to t he 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 written
recommendations to the Commissioner o r 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 d esirability of
conducting meetings, workshops and seminars; and
5. Cooperate with eac h other Advisory Council, the public, the
Commissioner and the Commissioner of Health in order to coordinate
the rules within their respective jurisdictional areas and to
achieve maximum efficiency and effectiveness in furthering the
objectives of the Depa rtment.
I. The Advisory Councils shall not recommend rules for
promulgation by the Commissioner u nless all applicable requirements
of the Administrative Procedures Act h ave been followed, including
but not limited to notice, rule -impact statement and rule making
hearings.
J. Members of the Advisory Councils shall serve without
compensation. The Advis ory Councils are authorized to utilize the
conference rooms of the Depar tment and obtain administrative
assistance from the Department, as required.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
March 2, 2023 - DO PASS