Bill Number: OK51RSB 399 Date: 02-15-2007
SENATE FLOOR VERSION
THE STATE SENATE
1 Monday, February 19, 2007
2 Senate Bill No. 399
3 SB 399
4 SENATE BILL NO. 399 - By: ADELSON of the Senate and COX of the
5 House.
6 An Act relating to public health and safety; amending 63 O.S.
7 2001, Section 683.3, as amended by Section 5, Chapter 329, O.S.L.
8 2003 (63 O.S. Supp. 2006, Section 683.3), which relates to the
9 Oklahoma Emergency Management Act of 2003; modifying definitions;
10 amending Section 4, Chapter 473, O.S.L. 2003 (63 O.S. Supp. 2006,
11 Section 6104), which relates to the Catastrophic Health Emergency
12 Powers Act; modifying definitions; and providing an effective date.
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14 SECTION 1. AMENDATORY 63 O.S. 2001, Section 683.3, as
15 amended by Section 5, Chapter 329, O.S.L. 2003 (63 O.S. Supp. 2006,
16 Section 683.3), is amended to read as follows:
17 Section 683.3 As used in the Oklahoma Emergency Management
18 Act of 2003:
19 1. "Emergency management" means the preparation for and the
20 coordination of all emergency functions by organized and trained
21 persons, who will extend existent governmental functions and provide
22 other necessary nongovernmental functions, to prevent, minimize and
23 repair injury and damage resulting from natural or man-made
24 disasters developing to such an extent to cause an extreme emergency
1
1 situation to arise which by declaration of the Governor jeopardizes
2 the welfare of the citizens of this state. These emergency
3 functions include, but are not limited to, fire fighting, law
4 enforcement, medical and health, search and rescue, public works,
5 warnings, communications, hazardous materials and other special
6 response functions, evacuations of persons from affected areas,
7 emergency assistance services, emergency transportation, and other
8 functions related to preparedness, response, recovery and
9 mitigation;
10 2. "Emergency Operations Plan" means that plan which sets
11 forth the organization, administration and functions for emergency
12 management by the state or local government;
13 3. Emergency means any occasion or instance for which, in
14 the determination of the President of the United States or the
15 Governor of the State of Oklahoma, federal or state assistance is
16 needed to supplement state and local efforts and capabilities to
17 save lives and to protect property and public health and safety, or
18 to lessen or avert threat of a catastrophe in any part of the state;
19 4. Significant events means all hazardous material releases
20 of any size and type, earthquakes, fires involving large buildings
21 or facilities and large grass or wild fires, explosions, bomb
22 threats, terrorist/civil disturbance, aircraft crash, natural
23 disaster, utility disruption, dam breach, technological/man-made
24 incident, search and rescue, structural collapse, and any other
25 incident that poses significant consequences to the jurisdiction;
26 5. "Hazard mitigation" means any cost-effective measure which
27 will reduce or eliminate the effects of a natural or man-made
2
1 disaster;
2 6. "Local organization for emergency management" means an
3 organization created in accordance with the provisions of the
4 Oklahoma Emergency Management Act of 2003 by state or local
5 authority to perform local emergency management functions;
6 7. Man-made disaster means a disaster caused by acts of man
7 including, but not limited to, an act of war, terrorism, chemical
8 spill or release, or power shortages that require assistance from
9 outside the local political subdivision;
10 8. "Natural disaster" means any natural catastrophe,
11 including, but not limited to, a tornado, severe storm, high water,
12 flood waters, wind-driven water, earthquake, landslide, mudslide,
13 snowstorm, or drought which causes damage of sufficient severity and
14 magnitude to warrant hazard mitigation or the use of resources of
15 the federal government, or the state and political subdivisions
16 thereof to alleviate the damage, loss, hardship or suffering caused
17 thereby; and
18 9. "Political subdivision" shall mean any county, city, town
19 or municipal corporation of the State of Oklahoma represented by an
20 elected governing body and county and city-county health
21 departments.
22 SECTION 2. AMENDATORY Section 4, Chapter 473, O.S.L.
23 2003 (63 O.S. Supp. 2006, Section 6104), is amended to read as
24 follows:
25 Section 6104. As used in the Catastrophic Health Emergency
26 Powers Act:
27 1. Bioterrorism means the intentional use of any
3
1 microorganism, virus, infectious substance, or biological product
2 that may be engineered as a result of biotechnology, or any
3 naturally occurring or bioengineered component of any such
4 microorganism, virus, infectious substance, or biological product,
5 to cause death, disease, or other biological malfunction in a human,
6 an animal, a plant, or another living organism in order to influence
7 the conduct of government or to intimidate or coerce a civilian
8 population;
9 2. Catastrophic health emergency means an occurrence of
10 imminent threat of an illness or health condition that:
11 a. is believed to be caused by any of the following:
12 (1) a nuclear attack,
13 (2) bioterrorism, [or]
14 (3) a chemical attack, or
15 (4) the appearance of a novel or previously controlled
16 or eradicated infectious agent or biological toxin, and
17 b. poses a high probability of any of the following
18 harms:
19 (1) a large number of deaths in the affected population,
20 (2) a large number of serious or long-term disabilities
21 in the affected population, or
22 (3) widespread exposure to an infectious or toxic agent
23 that poses a significant risk of substantial future harm to a large
24 number of people in the affected population;
25 3. Chain of custody means the methodology of tracking
26 specimens for the purpose of maintaining control and accountability
27 from initial collection to final disposition of the specimens and
4
1 providing for accountability at each stage of collecting, handling,
2 testing, storing, and transporting the specimens and reporting test
3 results;
4 4. Contaminated waste means:
5 a. biological waste, which includes blood and blood
6 products, excretions, exudates, secretions, suctioning and other
7 body fluids, and waste materials saturated with blood or body
8 fluids,
9 b. cultures and stocks, which includes etiologic agents
10 and associated biologicals, including specimen cultures and dishes
11 and devices used to transfer, inoculate, and mix cultures, wastes
12 from production of biologicals and serums, and discarded live and
13 attenuated vaccines,
14 c. pathological waste, which includes biopsy materials
15 and all human tissues, anatomical parts that emanate from surgery,
16 obstetrical procedures, necropsy or autopsy and laboratory
17 procedures, and animal carcasses exposed to pathogens in research
18 and the bedding and other waste from such animals, but does not
19 include teeth or formaldehyde or other preservative agents, and
20 d. sharps, which includes needles, intravenous (IV)
21 tubing with needles attached, scalpel blades, lancets, breakable
22 glass tubes, and syringes that have been removed from their original
23 sterile containers;
24 5. Health care facility means any nonfederal institution,
25 building, or agency or portion thereof, whether public or private or
26 for profit or nonprofit, that is used, operated, or designed to
27 provide health services, medical treatment, or nursing,
5
1 rehabilitative, or preventive care to any person or persons. This
2 includes, but is not limited to: ambulatory surgical facilities,
3 hospitals, infirmaries, intermediate care facilities, kidney
4 dialysis centers, long-term care facilities, mental health centers,
5 outpatient facilities, public health centers, rehabilitation
6 facilities, residential treatments facilities, skilled nursing
7 facilities, special care facilities, medical laboratories, and adult
8 day-care centers. This also includes, but is not limited to, the
9 following related property when used for or in connection with the
10 foregoing: laboratories; research facilities; pharmacies; laundry
11 facilities; health personnel training and lodging facilities;
12 patient, guest, and health personnel food service facilities; and
13 offices and office buildings for persons engaged in health care
14 professions or services;
15 6. Health care provider means any person or entity who
16 provides health care services including, but not limited to,
17 physicians, pharmacists, dentists, physician assistants, nurse
18 practitioners, registered and other nurses, paramedics, emergency
19 medical or laboratory technicians, and ambulance and emergency
20 medical workers;
21 7. Infectious disease means a disease caused by a living
22 organism or other pathogen, including a fungus, bacillus, parasite,
23 protozoan, or virus. An infectious disease may, or may not, be
24 transmissible from person to person, animal to person, or insect to
25 person;
26 8. Isolation means the physical separation and confinement
27 of an individual or groups of individuals who are infected or
6
1 reasonably believed to be infected with a transmissible or possibly
2 transmissible disease from nonisolated individuals, to prevent or
3 limit the transmission of the disease to nonisolated individuals;
4 9. Mental health support personnel means, but is not
5 limited to, psychiatrists, psychologists, social workers, and
6 volunteer crisis counseling groups;
7 10. Protected health information means any information,
8 whether oral, written, electronic, visual, or any other form, that
9 relates to the past, present, or future physical or mental health
10 status, condition, treatment, service, products purchased, or
11 provision of care of an individual, and that reveals the identity of
12 the individual whose health care is the subject of the information,
13 or where there is a reasonable basis to believe such information
14 could be utilized either alone or with other information that is, or
15 should reasonably be known to be, available to predictable
16 recipients of such information to reveal the identity of that
17 individual;
18 11. Public health authority means the Oklahoma State
19 Commissioner of Health; or local health department that acts
20 principally to protect or preserve the health of the public; or any
21 person directly authorized to act on behalf of the Oklahoma State
22 Commissioner of Health or local health department;
23 12. Public safety authority means the Commissioner of
24 Public Safety; or any local government agency that acts principally
25 to protect or preserve the public safety; or any person directly
26 authorized to act on behalf of the Commissioner of Public Safety or
27 local agency;
7
1 13. Quarantine means the physical separation and
2 confinement of an individual or groups of individuals, who are or
3 may have been exposed to a transmissible or possibly transmissible
4 disease and who do not show signs or symptoms of a transmissible
5 disease, from nonquarantined individuals, to prevent or limit the
6 transmission of the disease to nonquarantined individuals;
7 14. Specimens means, but is not limited to, blood, sputum,
8 urine, stool, other bodily fluids, wastes, tissues, and cultures
9 necessary to perform required tests;
10 15. Tests means, but is not limited to, any diagnostic or
11 investigative analyses necessary to prevent the spread of disease or
12 protect the health, safety, and welfare of the public;
13 16. Transmissible disease means an infectious disease that
14 can be transmitted from person to person; and
15 17. Trial court means the district court for the area in
16 which isolation or quarantine is to occur, a court designated by the
17 Public Health Emergency Plan under the Catastrophic Health Emergency
18 Powers Act, or to the district court for the area in which a
19 catastrophic health emergency has been declared.
20 SECTION 3. This act shall become effective November 1, 2007.
21 COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY & HOMELAND
22 SECURITY, dated 2-13-07 - DO PASS, As Coauthored.
23 Req. No. \*Req. No.*\Page 6
24 SB399 SFLR1State Senate
25 (Bold face denotes Committee Amendments)
8