Oklahoma § 63-7330 - Process to request exception to treatment step therapy protocol — Circumstances

Full text of Oklahoma Oklahoma Statutes § 63-7330 — Process to request exception to treatment step therapy protocol — Circumstances, with citation guidance and answers to common questions.

§ 63-7330. Process to request exception to treatment step therapy protocol — Circumstances

requiring an exception. .......................................................................................................................... 1793

§63-1-101. Short title.

This act shall be known as the Oklahoma Public Health Code.

Laws 1963, c. 325, art. 1, § 101.

§63-1-102. Definitions of terms used in Code.

As used in this Code, unless the context requires otherwise:

(a) The term "Board" means the State Board of Health.

(b) The term "Department" means the State Department of Health.

Health.

(d) The term "local health officer" means the County

Superintendent of Health of a county, or the Medical Director of a

County Department of Health, District Department of Health or

Cooperative Department of Health.

(e) The term "person" means any individual, corporation,

company, firm, partnership, association, trust, state agency,

governmental instrumentality or agency, institution, county, city,

town or municipal authority or trust.

Laws 1963, c. 325, art. 1, § 102.

§63-1-103. State Board of Health created.

A. 1. There is hereby created the State Board of Health, which

shall be an advisory body to the State Commissioner of Health and

shall consist of nine (9) members appointed by the Governor and

confirmed by the Senate for regular terms of nine (9) years, except

as hereinafter otherwise indicated. Effective January 14, 2019, all

duties and powers of the Board shall be transferred to the

Commissioner. Any provision in statute that provides to the Board

authority that is not advisory in nature shall be deemed to grant

the duty or power to the Commissioner.

Oklahoma Statutes - Title 63. Public Health and Safety

2. Not less than four members shall hold a current license to

practice medicine in this state pursuant to the Oklahoma Allopathic

Medical and Surgical Licensure and Supervision Act and the Oklahoma

Osteopathic Medicine Act. At least one physician member shall be a

person licensed to practice medicine in this state by the State

Board of Osteopathic Examiners. Physician members licensed by the

State Board of Medical Licensure and Supervision shall be members of

the Oklahoma State Medical Association. One physician member shall

be a diplomate of the American Board of Psychiatry and Neurology or

be similarly qualified.

3. Not less than two members shall possess at least five (5)

years of executive leadership experience in a health-related

business or industry, and whose education and experience includes

but is not limited to fiduciary, legal, business planning, or

operational decision-making authority.

B. 1. The term of office of one member shall expire on June

30, 1964, and each nine (9) years thereafter, and such member shall

be a resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Creek,

Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes,

Johnston, and Coal.

2. The term of office of one member shall expire on June 30,

1965, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Blaine,

Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson,

and Cotton.

3. The term of office of one member shall expire on June 30,

1966, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Le Flore,

Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan,

Marshall, Carter, and Love.

4. The term of office of one member shall expire on June 30,

1967, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Cimarron,

Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant,

Garfield, Kay, and Noble.

5. The term of office of one member shall expire on June 30,

1968, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

Oklahoma Statutes - Title 63. Public Health and Safety

years immediately preceding such member's appointment: Adair,

Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and

Okmulgee.

6. The term of office of one member shall expire on June 30,

1969, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Ottawa,

Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee,

and Osage.

7. The term of office of one member shall expire on June 30,

1970, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Logan,

Oklahoma, Cleveland, McClain, Garvin, Murray, and Payne.

8. The term of office of one member shall expire on June 30,

1971, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Ellis, Dewey,

Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson,

Harmon, and Tillman.

9. The term of office of one member shall expire on June 30,

1972, and each nine (9) years thereafter, and such member shall be

appointed from the State of Oklahoma at large, and shall have been a

resident of the state for not less than five (5) years immediately

preceding such member's appointment.

Added by Laws 1963, c. 325, art. 1, § 103, operative July 1, 1963.

Amended by Laws 1987, c. 118, § 51, operative July 1, 1987; Laws

1997, c. 238, § 1, eff. Nov. 1, 1997; Laws 2002, c. 230, § 1, eff.

Nov. 1, 2002; Laws 2018, c. 12, § 1, eff. Nov. 1, 2018; Laws 2018,

c. 183, § 1, eff. Jan. 14, 2019.

§63-1-103a. Short title - Oklahoma Public Health Advisory Council

Modernization Act.

Section 44 of this act shall be known and may be cited as the

"Oklahoma Public Health Advisory Council Modernization Act".

Added by Laws 2013, c. 229, § 43, eff. Nov. 1, 2013.

§63-1-103a.1. Public Health Advisory Councils.

A. To assist and advise the State 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

Oklahoma Statutes - Title 63. Public Health and Safety

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 appointed 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 Representatives, 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

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. 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, and a secretary from among its members. Each Advisory

Council shall only meet as required for election of officers,

establishment of meeting dates and times; rule development, 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 members.

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:

the Governor shall appoint:

(1) one member who is a licensed radiologist

assistant, and

(2) one member who is a licensed audiologist,

the President Pro Tempore of the Senate shall appoint:

Oklahoma Statutes - Title 63. Public Health and Safety

(1)

(2)

one member who is a licensed radiologist, and

one member representing the hearing-aid-fitting

industry,

the Speaker of the House of Representatives shall

appoint:

(1) one member representing the medical

micropigmentation industry, and

(2) one member representing the hearing-impaired

public, and

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 issues that arise in a

hospital setting and issues that arise concerning emergency

response. The Trauma and Emergency Response Advisory Council shall

be composed as follows:

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,

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,

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, and

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 emergency 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

Oklahoma Statutes - Title 63. Public Health and Safety

infant and children’s health care. The Infant and Children’s Health

Advisory Council shall be composed as follows:

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,

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 visual

deficiencies in children,

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 pediatrician, and

(2) one member who is licensed by the state as a

genetic counselor, and

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.

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 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 Advancement of Wellness

Advisory Council shall be composed as follows:

the Governor shall appoint:

(1) one member who is knowledgeable about breast and

cervical cancer issues,

(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,

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,

Oklahoma Statutes - Title 63. Public Health and Safety

(2)

one member who is the president or chief

operating officer of a business that has been

designated a certified healthy business, and

(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,

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,

(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 federally recognized

tribe based in this state which maintains a

tribally operated health system, and

the Commissioner shall appoint one member who is the

Executive Director of the Tobacco Settlement 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 health, the requirements

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 business 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 knowledgeable 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:

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 Home Care

Act,

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,

Oklahoma Statutes - Title 63. Public Health and Safety

(2)

one member who is an owner or administrator of an

entity licensed in accordance with the Home Care

Act, and

(3) one member who is a member of the palliative care

patient advocacy community,

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 health agency, and

(3) one member who is an allopathic or osteopathic

physician or nurse certified in palliative care

delivery in this state, and

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 Council shall include all issues that arise

in the areas of home care, hospice services and palliative care,

including, but not limited to:

identifying methods that improve the quality and

delivery of home care, hospice and palliative care,

reviewing best practices from home care, hospice and

palliative care programs in the state,

developing information on home care, hospice and

palliative care issues for the general public, and

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 not

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 written

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;

Oklahoma Statutes - Title 63. Public Health and Safety

4. Have the authority to provide a public forum for the

discussion of issues it considers relevant to its area of

jurisdiction, and to:

pass nonbinding resolutions expressing the sense of

the Advisory Council, and

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 their 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 requirements

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.

Added by Laws 2013, c. 229, § 44, eff. Nov. 1, 2013. Amended by

Laws 2014, c. 141, § 1, eff. Nov. 1, 2014; Laws 2015, c. 11, § 1,

eff. Nov. 1, 2015; Laws 2020, c. 96, § 1, eff. Nov. 1, 2020; Laws

2024, c. 131, § 1, eff. Nov. 1, 2024.

§63-1-104. State Commissioner of Health – Powers and duties.

A. The State Commissioner of Health may adopt an official seal

for the State Department of Health. The State Commissioner of

Health shall hold such meetings as he or she deems necessary.

B. The Commissioner shall have the following powers and duties:

1. Adopt such rules and standards as he or she deems necessary

to carry out any of the provisions of the Oklahoma Public Health

Code;

2. Accept and disburse grants, allotments, gifts, devises,

bequests, funds, appropriations, and other property made or offered

to the Department; and

3. Establish such divisions, sections, bureaus, offices, and

positions in the State Department of Health as the Commissioner

deems necessary to carry out the provisions of this Code.

C. The State Commissioner of Health shall be appointed by the

Governor, with the advice and consent of the Senate. The

Commissioner shall serve at the pleasure of the Governor and may be

removed or replaced without cause. Compensation for the

Commissioner shall be determined pursuant to Section 3601.2 of Title

74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Laws 1963, c. 325, art. 1, § 104, operative July 1, 1963.

Amended by Laws 1976, c. 136, § 1, operative July 1, 1976; Laws

1985, c. 178, § 42, operative July 1, 1985; Laws 1997, c. 238, § 2,

eff. Nov. 1, 1997; Laws 2018, c. 183, § 2, eff. Jan. 14, 2019.

§63-1-105. State Department of Health created.

There is hereby created a State Department of Health, which

shall consist of the State Commissioner of Health, and such

divisions, sections, bureaus, offices, and positions as may be

established by the Commissioner, or by law.

Added by Laws 1963, c. 325, art. 1, § 105, operative July 1, 1963.

Amended by Laws 2018, c. 183, § 3, eff. Jan. 14, 2019.

§63-1-105a. Liability insurance for certain employees.

The Department of Health is authorized to purchase or provide,

from funds available for the operation of the Department, liability

insurance for the State Board of Health, the Commissioner of Health,

and such other employees of the Department as may be designated by

the Board. The insurance coverage shall protect such persons from

personal civil liability for errors and omissions resulting from the

discharge of their official duties. This section shall in no way be

construed as waiving the governmental immunity of the state.

Added by Laws 1982, c. 299, § 17, emerg. eff. May 28, 1982.

§63-1-105b. Soliciting residents for nursing care facilities.

Any employee of the State Department of Health who willfully or

knowingly accepts anything of value from any person, firm,

association, partnership or corporation for securing or soliciting

residents for any facility subject to the Nursing Home Care Act, the

Residential Care Act, the Continuum of Care and Assisted Living Act,

or any other long-term care facility licensed by the Department,

upon conviction thereof, shall be guilty of a felony.

Added by Laws 2000, c. 340, § 10, eff. July 1, 2000.

§63-1-105c. Conflicts of interest.

A. The State Department of Health shall:

1. Ensure that no employee of the Department whose

responsibilities relate in any manner to long-term care is subject

to a conflict of interest which would impair the ability of the

person to carry out his or her employment duties in an impartial

manner including, but not limited to:

ownership or investment interest by the employee or a

member of the employee’s immediate family represented

by equity, debt or other financial relationship in a

long-term care facility or a long-term care service,

employment by, under contract to, or participation by

the employee or a member of the employee’s immediate

Oklahoma Statutes - Title 63. Public Health and Safety

family in the management of, a long-term care

facility, except as provided in Section 1-1914.2 of

Title 63 of the Oklahoma Statutes and with the

approval of the State Commissioner of Health, or

the receipt or the right of the employee or a member

of the employee’s immediate family to receive directly

or indirectly remuneration, in cash or in kind, under

a compensation arrangement with an owner or operator

of a long-term care facility; and

2. Establish and specify, in writing, mechanisms to identify

and remove conflicts of interest referred to in this section

including, but not limited to:

the methods by which the Department will examine

individuals and members of the individuals' immediate

family members to identify the conflicts, and

the actions that the Department will require the

individuals and such family members to take to

eliminate such conflicts.

B. For purposes of this section, the term “immediate family”

means:

1. The spouse of the employee;

2. The parents of the spouse of the employee;

3. A child by birth or adoption;

4. A stepchild;

5. A parent;

6. A grandparent;

7. A grandchild;

8. A sibling of the employee;

9. The spouse of any immediate family member specified in this

subsection; or

10. Such other relationship deemed necessary by the State Board

of Health as determined by rule.

Added by Laws 2000, c. 340, § 11, eff. July 1, 2000.

§63-1-105d. Tobacco Prevention and Cessation Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated the "Tobacco

Prevention and Cessation Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies deposited to the credit of the fund by law.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State

Department of Health for purposes of paragraph 2 of subsection C of

Section 1, Chapter 340, O.S.L. 2000. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Laws 2000, c. 340, § 20, eff. July 1, 2000. Amended by

Laws 2012, c. 304, § 472.

NOTE: Editorially renumbered from § 105d of this title to provide

consistency in numbering.

§63-1-105e. Duties of Department of Health.

A. The State Department of Health shall:

1. Perform duties and responsibilities as directed by the State

Commissioner of Health to ensure compliance with relevant provisions

of this act;

2. Fix and collect fees for the certification of compliance of

health maintenance organizations pursuant to the provisions of

Section 6907 of Title 36 of the Oklahoma Statutes; and

3. Perform any and all health-related services, within the

scope of practice, as prescribed by state law, by the State Board of

Health, or by standards of care for medical services. When the

Department provides a health-related service to any person covered

by an applicable health insurance plan, the Department may submit a

claim for said service to the appropriate insurance company, health

maintenance organization or preferred provider organization. Upon

receipt of the claim, said insurance company, health maintenance

organization or preferred provider organization shall reimburse the

Department for the service provided in accordance with the standard

and customary rate schedule established by the plan. All health

insurance plans doing business in Oklahoma shall recognize the

public health service delivery model utilized by the Department, as

an appropriate provider of services for reimbursement.

B. All actions of the Department shall be subject to the

provisions of the Administrative Procedures Act.

C. Fees and insurance reimbursement payments collected shall be

deposited in the Public Health Special Fund in the State Treasury.

Added by Laws 2003, c. 197, § 54, eff. Nov. 1, 2003. Amended by

Laws 2011, c. 105, § 1, eff. Nov. 1, 2011.

§63-1-105f. Office of Accountability Systems.

A. The Office of Accountability Systems of the State Department

of Health (OAS) shall have the authority to:

1. Coordinate audits and investigations and make reports to the

State Board of Health and State Commissioner of Health within the

State Department of Health and State Health Officer relating to the

administration of programs and operations of the State Department of

Health;

2. Except as otherwise prohibited by current law, access all

records, reports, audits, reviews, documents, papers,

recommendations, or other material which relate to programs and

operations with respect to which the Director of the Office of

Accountability Systems has responsibilities;

Oklahoma Statutes - Title 63. Public Health and Safety

3. Request assistance from other state, federal and local

government agencies;

4. Issue administrative subpoenas for the production of all

information, documents, reports, answers, records, accounts, papers,

and other data and documentary evidence;

5. Administer to or take from any current or former employee of

the State Department of Health an oath, affirmation, or affidavit;

6. Receive and investigate complaints or information from an

employee of the Department, service recipient or member of the

public concerning the possible existence of an activity within the

State Department of Health constituting a violation of law, rules or

regulations, mismanagement, gross waste of funds, abuse of authority

or a substantial and specific danger to the public health and

safety;

7. Cause to be issued on behalf of OAS credentials, including

an identification card with the State Seal; and

8. Keep confidential all actions and records relating to OAS

complaints.

B. It shall be the duty and responsibility of the Director and

staff of the Office of Accountability Systems to:

1. Keep the State Board of Health and the State Commissioner of

Health fully informed of matters relating to fraud, abuses,

deficiencies and other serious problems of which the Director is

aware relating to the administration of programs and operations

within the State Department of Health. Further, the Director shall

recommend corrective action concerning such matters and report to

the State Board of Health and the State Commissioner of Health on

the progress of the corrective matters, except when such matters

relate to the State Commissioner of Health or the performance of his

or her duties in such capacity. Matters directly involving the

Commissioner may be reported by the Director to the Board without

providing notice to the Commissioner;

2. Report to and be under the direct supervision of the State

Board of Health and shall not be subject to supervision or report to

any other State Department of Health employee. Unless otherwise

instructed by the State Board of Health, staff of the Office of

Accountability Systems and independent contractors performing

internal investigative services for the Office of Accountability

Systems shall be directly supervised by the Director of the Office

of Accountability Systems and not subject to the supervision of or

required to report to any other State Department of Health employee.

Neither the State Commissioner of Health nor any other employee of

the State Department of Health shall prevent, prohibit, or obstruct

the Director from initiating, implementing or completing any

investigation or from issuing any subpoena during the course of an

investigation or audit regarding the State Department of Health; and

Oklahoma Statutes - Title 63. Public Health and Safety

3. Report expeditiously to the appropriate law enforcement

entity whenever the Director has reasonable grounds to believe that

there has been a felonious violation of state or federal criminal

law.

Added by Laws 2006, c. 101, § 1, eff. July 1, 2006. Amended by Laws

2008, c. 119, § 1, emerg. eff. May 5, 2008; Laws 2011, c. 105, § 2,

eff. Nov. 1, 2011; Laws 2018, c. 29, § 1, eff. Nov. 1, 2018.

§63-1-106. See the following versions:

OS 63-1-106v1 (SB 949, Laws 2025, c. 215, § 13)

OS 63-1-106v2 (HB 2013, Laws 2025, c. 377, § 3)

§63-1-106.1. Fee schedule for licenses, permits and other health

services.

A. The State Board of Health may establish a system of fees to

be charged for health services and for services rendered to members

of the public in the issuance and renewal of licenses and permits by

the State Commissioner of Health and the State Department of Health.

This provision is subject to the following limitations:

1. No schedule of fees may be established or amended by the

Board except during such times as the Legislature is in session;

provided, the Board may establish or amend a schedule of fees at a

time when the Legislature is not in session if the fees or schedule

of fees has been specifically authorized by the Legislature or has

been approved by the Contingency Review Board. The State Board of

Health must follow the procedures required by Article I of the

Administrative Procedures Act for adoption of rules and regulations

in establishing or amending any such schedule of fees; and

2. The Board shall charge fees only within the following

ranges, except as may be otherwise provided for in this title.

For license or permit issuance: $50.00 to $2,000.00

For license or permit renewal: $10.00 to $500.00

For health services: $25.00 to $250.00

provided further, that any facility exempt from the requirement to

obtain a permit based on date of construction or start-up may be

assessed an annual permit renewal fee equivalent.

B. The Board's authority to establish such a fee schedule shall

extend to all programs administered by the State Commissioner of

Health and the State Department of Health, regardless of whether the

statutes creating such programs are codified in the Oklahoma Public

Health Code.

C. The Board shall base its schedule of licensing or permitting

fees upon the reasonable costs of review and inspection services

rendered in connection with each license and permit program, but

shall be within the ranges specified in subsection A of this

section, except as may be otherwise specified in this section. The

Department shall establish a system of training for all personnel

Oklahoma Statutes - Title 63. Public Health and Safety

who render review and inspection services in order to assure uniform

statewide application of rules and regulations and the Board shall

also base the fee on reasonable costs associated with the training

of those personnel. Such fees shall not be used in the operation of

local health departments whose personnel do not participate fully in

applicable State Department of Health training and standardization

programs.

D. The Board may exempt by rule any class of licensee or

permittee or any class of facility or activity to be licensed or

permitted from the requirements of the fee schedule if the Board

determines that the creation of such a schedule for any such class

would work an unreasonable economic hardship.

E. All statutory fees now in effect for health services and for

the issuance and renewal of any license or permit administered by

the State Commissioner of Health and the State Department of Health

within the jurisdiction of the Department shall remain in effect

until such time as the Board acts to implement new fee schedules

pursuant to the provisions of this Code.

F. Unless a longer duration is specified for certain permits by

the rules and regulations of the Board, licenses and permits issued

by the Commissioner of Health shall be for a one-year period.

Added by Laws 1984, c. 162, § 2, emerg. eff. May 1, 1984. Amended

by Laws 1987, c. 206, § 16, operative July 1, 1987; Laws 1987, c.

236, § 2, emerg. eff. July 20, 1987; Laws 1991, c. 293, § 1, emerg.

eff. May 30, 1991; Laws 1991, c. 335, § 22, emerg. eff. June 15,

1991; Laws 1992, c. 215, § 20, emerg. eff. May 15, 1992; Laws 1992,

c. 373, § 12, eff. July 1, 1992; Laws 1993, c. 145, § 308, eff. July

1, 1993; Laws 2005, c. 282, § 1, emerg. eff. June 6, 2005.

NOTE: Laws 1991, c. 287, § 10 repealed by Laws 1991, c. 335, § 37,

emerg. eff. June 15, 1991. Laws 1992, c. 183, § 1 repealed by Laws

1992, c. 373, § 22, eff. July 1, 1992. Laws 1993, c. 163, § 1

repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.

§63-1-106.2. Uniform application to be used in credentialing

process.

A. The State Commissioner of Health shall promulgate rules

necessary to develop a uniform application which shall be used in

the credentialing process of health care providers. The State

Department of Health shall develop such application form for:

1. Initial privileges or membership in a hospital or other

entity requiring credentials verification, except for a contracted

entity as defined by Section 4002.2 of Title 56 of the Oklahoma

Statutes; and

2. Recredentialing or reappointment in a hospital or other

entity requiring credentials verification, except for a contracted

entity as defined by Section 4002.2 of Title 56 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety

B. Any entity requiring credentials verification may require

supplemental information.

Added by Laws 1998, c. 210, § 1, eff. July 1, 1998. Amended by Laws

2023, c. 253, § 1, eff. Nov. 1, 2023.

§63-1-106.3. Oklahoma Food Service Advisory Council

A. There is hereby created within the State Department of

Health the Oklahoma Food Service Advisory Council. The purpose of

the Advisory Council shall be to:

1. Advise the State Board of Health, the State Commissioner of

Health, and the Department regarding food service establishments;

and

2. Recommend actions to improve sanitation and consumer

protection.

B. The Advisory Council shall have the duty and authority to:

1. Review and approve in an advisory capacity only rules and

standards for food service establishments operating in this state;

2. Evaluate, review and make recommendations regarding

Department inspection activities; and

3. Recommend and approve quality indicators and data submission

requirements for food service establishments which shall be used by

the Department to monitor compliance with licensure requirements and

to publish an annual report of food service establishment

performance.

C. The Oklahoma Food Service Advisory Council shall be composed

of fourteen (14) members as follows:

1. Nine members shall be appointed by the Commissioner, with the

advice and consent of the Board, from a list of three names for each

position provided by an association representing the majority of

restaurant owners in this state. Such appointments shall be as

follows:

one member shall represent the Oklahoma Restaurant

Association,

one member shall represent the Oklahoma Hotel and

Motel Association,

one member shall represent the Oklahoma Grocers

Association,

one member shall represent food service education,

one member shall represent food processing education,

one member shall be an independent food service

operator,

one member shall be a food processor,

one member shall represent the School Nutrition

Association of Oklahoma, and

one member shall be a citizen representing the public

and shall not be a food service establishment operator

Oklahoma Statutes - Title 63. Public Health and Safety

or employee and shall not be a member of a food

service governing board; and

2. The remaining appointments shall consist of:

the Director of the Oklahoma City-County Health

Department, or a designee,

the Director of the Tulsa City-County Health

Department, or a designee,

two directors from other county health departments in

this state or designees, appointed by the

Commissioner, and

the Director of the Oklahoma Department of

Agriculture, Food, and Forestry or a designee.

D. The appointments made by the Commissioner shall be for threeyear terms, except that after the effective date of this act, the

initial term of the representative of the public shall be for one

(1) year, and the initial terms of the independent food service

operator, the food processor, the representatives of food service

education, and food processing education shall be for two (2) years.

The initial terms of all other members appointed by the Commissioner

shall be for three (3) years. After initial appointments to the

Advisory Council, the Commissioner shall appoint members to threeyear terms.

E. The Advisory Council shall meet on a quarterly basis.

Members of the Advisory Council shall serve without compensation but

shall be reimbursed for travel expenses by the Department pursuant

to the provisions of the State Travel Reimbursement Act.

Added by Laws 1999, c. 290, § 1, eff. Nov. 1, 1999. Amended by Laws

2016, c. 319, § 1, eff. Nov. 1, 2016.

§63-1-106.4. Chief Medical Officer.

A. The Chief Medical Officer shall serve at the discretion and

pleasure of the State Commissioner of Health.

B. The Chief Medical Officer must:

1. Be a resident of the State of Oklahoma; and

2. Be licensed and in good standing as a medical doctor or

doctor of osteopathy in Oklahoma.

C. With the approval of the State Commissioner of Health, the

Chief Medical Officer may maintain a clinical practice to retain

expertise and remain current in his or her specialized field.

D. The Chief Medical Officer may:

1. Advise the Commissioner and agency staff in all matters

related to public health and effective delivery of public health

services;

2. Provide professional judgment, medical and public health

guidance to the Commissioner and other department leadership to

ensure that health policy and program resource allocation decisions

are medically appropriate, that timely prevention actions are taken,

Oklahoma Statutes - Title 63. Public Health and Safety

and that policy reflects sound medical and public health principles

and priorities;

3. Actively participate in the development of the agency

strategic goals and the state public health improvement plan; and

4. Perform other duties as assigned by the Commissioner.

Added by Laws 2022, c. 85 § 2, emerg. eff. April 26, 2022.

§63-1-106v1. State Commissioner of Health - Qualifications - Powers

and duties.

A. The State Commissioner of Health shall serve at the pleasure

of the Governor, and shall have skill and experience in public

health duties and sanitary sciences and shall meet at least one of

the following qualifications:

1. Possession of a Doctor of Medicine Degree and a license to

practice medicine in this state;

2. Possession of an Osteopathic Medicine Degree and a license

to practice medicine in this state;

3. Possession of a Doctoral degree in Public Health or Public

Health Administration; or

4. Possession of a Master of Science Degree and a minimum of

five (5) years of supervisory experience in the administration of

health services.

B. The Commissioner shall be exempt from all qualifications

enumerated in subsection A of this section if the Commissioner

possesses at least a master’s degree and has experience in

management of state agencies or large projects.

C. The Commissioner shall have the following powers and duties,

unless otherwise directed by the Governor:

1. Have general supervision of the health of the citizens of

the state; make investigations, inquiries and studies concerning the

causes of disease and injury, and especially of epidemics, and the

causes of mortality, and the effects of localities, employment,

conditions and circumstances on the public health; investigate

conditions as to health, sanitation and safety of schools, prisons,

public institutions, mines, public conveyances, camps, places of

group abode, and all buildings and places of public resort, and

recommend, prescribe and enforce such measures of health, sanitation

and safety for them as the Commissioner deems advisable; take such

measures as deemed necessary by the Commissioner to control or

suppress, or to prevent the occurrence or spread of, any

communicable, contagious or infectious disease, and provide for the

segregation and isolation of persons having or suspected of having

any such disease; designate places of quarantine or isolation;

advise state and local governments on matters pertaining to health,

sanitation and safety; and abate any nuisance affecting injuriously

the health of the public or any community. Any health information

or data acquired by the Commissioner from any public agency, which

Oklahoma Statutes - Title 63. Public Health and Safety

information or data is otherwise confidential by state or federal

law, shall remain confidential notwithstanding the acquisition of

this information by the Commissioner;

2. Be the executive officer and supervise the activities of the

State Department of Health, and act for the Department in all

matters except as may be otherwise provided in this Code; administer

oaths at any hearing or investigation conducted pursuant to this

Code; and enforce rules and standards adopted by the Commissioner.

All rules adopted by the Commissioner are subject to the terms and

conditions of the Administrative Procedures Act;

3. Appoint an Assistant State Commissioner of Health and fix

the qualifications, duties and compensation of the Assistant State

Commissioner of Health; and employ, appoint and contract with, and

fix the qualifications, duties and compensation of, such other

assistants, doctors, engineers, attorneys, sanitarians, nurses,

laboratory personnel, administrative, clerical and technical help,

investigators, aides and other personnel and help, either on a fulltime, part-time, fee or contractual basis, as shall be deemed by the

Commissioner necessary, expedient, convenient or appropriate to the

performance or carrying out of any of the purposes, objectives or

provisions of this Code, or to assist the Commissioner in the

performance of official duties and functions;

4. Cause investigations, inquiries and inspections to be made,

and hold hearings and issue orders pursuant to the provisions of the

Administrative Procedures Act, to enforce and make effective the

provisions of this Code, and all rules and standards adopted by the

Commissioner pursuant to law and the Commissioner or the

representative of the Commissioner shall have the right of access to

any premises for such purpose at any reasonable time, upon

presentation of identification;

5. Authorize persons in the State Department of Health to

conduct investigations, inquiries and hearings, and to perform other

acts that the Commissioner is authorized or required to conduct or

perform personally;

6. Except as otherwise provided by law, all civil and criminal

proceedings under this Code shall be initiated and prosecuted by the

district attorney where the violation takes place;

7. Issue subpoenas for the attendance of witnesses and the

production of books and records at any hearing to be conducted by

the Commissioner and issue subpoenas for the testimony of

individuals or for the production of records in connection with an

investigation conducted by the Office of Client Advocacy within the

State Department of Health; and if a person disobeys any such

subpoena, or refuses to give evidence before, or to allow books and

records to be examined by, the Commissioner after such person is

directed to do so, the Commissioner may file a contempt proceeding

in the district court of the county in which the premises involved

Oklahoma Statutes - Title 63. Public Health and Safety

are situated, or, if no premises are involved, of the county in

which such person resides or has a principal place of business, and

a judge of such court, after a trial de novo, may punish the

offending person for contempt;

8. Unless otherwise required by the terms of a federal grant,

sell, exchange or otherwise dispose of personal property that has

been acquired by the State Department of Health, or any of its

components, when such property becomes obsolete or is no longer

needed; any money derived therefrom shall be deposited in the Public

Health Special Fund;

9. Sell films, educational materials, biological products and

other items produced by the State Department of Health; and all

proceeds therefrom shall be deposited in the Public Health Special

Fund;

10. Revoke or cancel, or suspend for any period up to one (1)

year, any license or permit issued under or pursuant to this Code,

or by the Commissioner, when the Commissioner determines that ground

therefor as prescribed by this Code exists, or that the holder of

such license or permit has violated any law, or any of the

provisions of this Code, or any rules or standards of the

Commissioner filed with the Secretary of State, but the Commissioner

shall first afford the holder an opportunity to show cause why the

license or permit should not be revoked, canceled or suspended,

notice of such opportunity to be given by certified United States

Mail to the holder of the license or permit at the last-known

address of such holder;

11. Accept, use, disburse and administer grants, allotments,

gifts, devises, bequests, appropriations and other monies and

property offered or given to the State Department of Health, or any

component or agency thereof, by any agency of the federal

government, or any corporation or individual;

12. Be the official agency of the State of Oklahoma in all

matters relating to public health which require or authorize

cooperation of the State of Oklahoma with the federal government or

any agency thereof; coordinate the activities of the State

Department of Health with those of the federal government or any

department or agency thereof, and with other states, on matters

pertaining to public health, and enter into agreements for such

purpose, and may accept, use, disburse and administer, for the

office of the Commissioner or for the State Department of Health,

for any purpose designated and on the terms and conditions thereof,

grants of money, personnel and property from the federal government

or any department or agency thereof, or from any state or state

agency, or from any other source, to promote and carry on in this

state any program relating to the public health or the control of

disease, and enter into agreements for such purposes;

Oklahoma Statutes - Title 63. Public Health and Safety

13. Appoint commissioned peace officers, certified by the

Council on Law Enforcement Education and Training, to investigate

violations of the Public Health Code and to provide security to

Department facilities; and

14. Pursuant to Section 1-106.4 of this title, appoint a Chief

Medical Officer who reports directly to the Commissioner.

Added by Laws 1963, c. 325, art. 1, § 106, operative July 1, 1963.

Amended by Laws 1980, c. 159, § 17, emerg. eff. April 2, 1980; Laws

1986, c. 148, § 1, emerg. eff. April 29, 1986; Laws 1987, c. 118, §

52, operative July 1, 1987; Laws 1987, c. 225, § 42, eff. July 1,

1987; Laws 1991, c. 293, § 4, emerg. eff. May 30, 1991; Laws 1995,

c. 230, § 20, eff. July 1, 1995; Laws 1997, c. 238, § 3, eff. Nov.

1, 1997; Laws 2004, c. 456, § 1, eff. Nov. 1, 2004; Laws 2022, c.

85, § 1, emerg. eff. April 26, 2022; Laws 2025, c. 215, § 13, emerg.

eff. May 13, 2025.

§63-1-106v2. State Commissioner of Health - Qualifications - Powers

and duties.

A. The State Commissioner of Health shall serve at the pleasure

of the Governor, and shall have skill and experience in public

health duties and sanitary sciences and shall meet at least one of

the following qualifications:

1. Possession of a Doctor of Medicine Degree and a license to

practice medicine in this state;

2. Possession of an Osteopathic Medicine Degree and a license

to practice medicine in this state;

3. Possession of a Doctoral degree in Public Health or Public

Health Administration; or

4. Possession of a Master of Science Degree and a minimum of

five (5) years of supervisory experience in the administration of

health services.

B. The Commissioner shall be exempt from all qualifications

enumerated in subsection A of this section if the Commissioner

possesses at least a master's degree and has experience in