Oklahoma § 63-684.26 - Definitions

§ 63-684.26. Definitions

As used in the Uniform Emergency Volunteer Health Practitioners

Act:

1. "Disaster relief organization" means an entity that provides

emergency or disaster relief services that include health or

veterinary services provided by volunteer health practitioners and

that:

a.

is designated or recognized as a provider of those

services pursuant to a disaster response and recovery

plan adopted by an agency of the federal government or

the State Department of Health, and

b.

regularly plans and conducts its activities in

coordination with an agency of the federal government

or the State Department of Health;

2. "Emergency" means an event or condition that is an emergency

pursuant to the Oklahoma Emergency Management Act of 2003 or the

Catastrophic Health Emergency Powers Act;

3. "Emergency declaration" means a declaration of emergency

issued by a person authorized to do so under the laws of this state

pursuant to the Oklahoma Emergency Management Act of 2003 or the

Catastrophic Health Emergency Powers Act;

4. "Emergency Management Assistance Compact" means the

interstate compact approved by Congress by Public Law No. 104321,110 Stat. 3877;

5. "Entity" means a person other than an individual;

6. "Health facility" means an entity licensed under the laws of

this or another state to provide health or veterinary services;

7. "Health practitioner" means an individual licensed under the

laws of this or another state to provide health or veterinary

services;

8. "Health services" means the provision of treatment, care,

advice or guidance, or other services, or supplies, related to the

Oklahoma Statutes - Title 63. Public Health and Safety

health or death of individuals or human populations, to the extent

necessary to respond to an emergency, including:

a.

the following, concerning the physical or mental

condition or functional status of an individual or

affecting the structure or function of the body:

(1) preventive, diagnostic, therapeutic,

rehabilitative, maintenance, or palliative care,

and

(2) counseling, assessment, procedures, or other

services,

b.

sale or dispensing of a drug, a device, equipment, or

another item to an individual in accordance with a

prescription, and

c.

funeral, cremation, cemetery, or other mortuary

services;

9. "Host entity" means an entity operating in this state which

uses volunteer health practitioners to respond to an emergency;

10. "License" means authorization by a state to engage in

health or veterinary services that are unlawful without the

authorization and includes authorization under the laws of this

state to an individual to provide health or veterinary services

based upon a national certification issued by a public or private

entity;

11. "Person" means an individual, corporation, business trust,

trust, partnership, limited liability company, association, joint

venture, public corporation, government or governmental subdivision,

agency, or instrumentality, or any other legal or commercial entity;

12. "Scope of practice" means the extent of the authorization

to provide health or veterinary services granted to a health

practitioner by a license issued to the practitioner in the state in

which the principal part of the practitioner's services are

rendered, including any conditions imposed by the licensing

authority;

13. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States;

14. "Veterinary services" means the provision of treatment,

care, advice or guidance, or other services, or supplies, related to

the health or death of an animal or to animal populations, to the

extent necessary to respond to an emergency, including, but not

limited to:

a.

diagnosis, treatment, or prevention of an animal

disease, injury, or other physical or mental condition

by the prescription, administration, or dispensing of

vaccine, medicine, surgery, or therapy,

b.

use of a procedure for reproductive management, and

Oklahoma Statutes - Title 63. Public Health and Safety

c.

monitoring and treatment of animal populations for

diseases that have spread or demonstrate the potential

to spread to humans; and

15. "Volunteer health practitioner" means a health practitioner

who provides health or veterinary services, whether or not the

practitioner receives compensation for those services and does not

include a practitioner who receives compensation pursuant to a

preexisting employment relationship with a host entity or affiliate

which requires the practitioner to provide health services in this

state, unless the practitioner is not a resident of this state and

is employed by a disaster relief organization providing services in

this state while an emergency declaration is in effect.

Added by Laws 2013, 1st Ex. Sess., c. 3, § 4, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 63, § 684.15,

which was derived from Laws 2009, c. 228, § 32, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).