1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 736 By: Kidd
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6 AS INTRODUCED
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7 An Act relating to county boards of health; amending
7 63 O.S. 2011, Section 1-202, which relates to powers
8 and duties; modifying allowable agreements; amending
8 63 O.S. 2011, Section 1-205, which relates to
9 contracts for public health services; allowing
9 certain agreement between counties; amending 63 O.S.
10 2011, Section 1-208, which relates to funds for
10 operation; allowing certain combination of resources;
11 and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2011, Section 1-202, is
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15 amended to read as follows:
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16 Section 1-202. The county board of health shall have the
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17 following powers and duties:
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18 1. Organize by electing a chair and other necessary officers
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19 annually and meet at such times, in such manner and upon such notice
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20 as the board shall prescribe. Provided, that the board shall meet
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21 at least two times each year;
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22 2. Establish and maintain a county department of health, if the
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23 same, in the opinion of the board, will be to the best interest of
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24 the county;
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 1 3. Enter into agreements with county boards of health of other
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2 counties, and with the governing boards or boards of health of
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3 cities, towns and school districts lying wholly or partly in the
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4 county, for the establishment and operation of district or
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5 cooperative departments of health;
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6 4. Prepare and submit to the county excise board, annually, an
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7 estimate of its needs, and needs for the operation of the county
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8 department of health, if any, or for its proportionate part of the
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9 costs of operation of a district or cooperative department of
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10 health, if it has entered into an agreement therefor;
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11 5. Advise with the State Commissioner of Health on matters
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12 pertaining to public health in the county, and as to the appointment
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13 of the county superintendent of health or the medical director of
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14 the county, district or cooperative department of health; and
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15 6. Adopt regulations, which shall be subject to the approval of
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16 the State Commissioner of Health and shall not be more stringent
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17 than state law and rules and regulations of the State Board of
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18 Health, to protect the public health in the county in emergencies.
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19 SECTION 2. AMENDATORY 63 O.S. 2011, Section 1-205, is
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20 amended to read as follows:
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21 Section 1-205. (a) A. The county board of health may, with the
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22 approval of the State Commissioner of Health, establish and maintain
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23 a county department of health, the maintenance and operation of
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24 which is hereby declared to be a function of county government for
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 1 which appropriations may be made from the general fund of the county
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2 and the proceeds of a levy made in accordance with Section 9a,
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3 Article X, of Article X of the Oklahoma Constitution.
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4 (b) B. The county boards of health of two or more counties may,
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5 with the approval of the Commissioner, form a health district
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6 composed of such counties for public health purposes. The health
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7 district shall may have a district department of health which shall
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8 be operated, in such counties, in the same manner as county
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9 departments of health. A health district may also be comprised of
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10 multiple county health departments operating under agreement to
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11 share resources for purposes of enhancing health outcomes for the
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12 member counties, provided costs are allocated in proportion to
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13 resources utilized by each county.
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14 (c) C. Cooperative departments of health may be formed by
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15 agreement between the county board of health of any county
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16 maintaining a county department of health, or the county boards of
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17 health of counties in a health district, and the governing boards of
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18 cities, towns, and school districts lying wholly or partly in such
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19 county or health district. Any such agreement shall stipulate what
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20 health services will be provided to the cities, towns and school
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21 districts, which may be all or any of the services that may be
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22 provided by a county department of health, and shall also fix the
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23 amounts of funds to be paid by the cities, towns, and school
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24 districts for the services. All agreements made under the
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 1 provisions of this section shall be subject to the approval of the
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2 State Commissioner of Health.
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3 (d) D. A county department of health, a district department of
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4 health and a cooperative department of health shall be under the
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5 direction of a medical director, who shall perform his or her duties
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6 under the supervision of the Commissioner, and who shall, in
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7 addition to his other duties, perform the same powers, duties and
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8 functions in the county, in the health district, or in the
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9 cooperative department, as is provided by law for county
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10 superintendents of health. The Commissioner shall appoint and fix
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11 the duties and compensation of the medical director, who shall be a
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12 physician licensed under the laws of this state, and shall employ
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13 and fix the duties and compensation of such other personnel as he
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14 the Commissioner deems necessary for the operation of the county
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15 department of health, the district department of health, or the
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16 cooperative department of health, all such personnel to be employed
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17 under provisions of the Oklahoma Personnel Act and paid by state
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18 warrant. Reimbursements to the State Department of Health shall be
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19 paid by the county from the Section 9a 9A of Article X of the
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20 Oklahoma Constitution, mill levy revenues, payable for the benefit
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21 of such county health department, district department of health, or
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22 the cooperative department of health and payable within thirty (30)
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23 days of receipt of an invoice therefor. Provided that, in any such
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24 local health department operating under the direction of a medical
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 1 director who serves less than full time, the Commissioner may
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2 delegate nonmedical administrative duties to another employee of the
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3 county, district, or cooperative health department.
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4 (e) E. The board of health or board of county commissioners of
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5 any county may contract with the department board of health or board
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6 of county commissioners of any neighboring county or the State
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7 Department of Health to provide the county any or all public health
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8 services. The county receiving the services shall pay for the
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9 department rendering the of services according to a schedule of fees
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10 and payments mutually agreed upon by the State Board of Health and
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11 the county or counties affected. Such schedule of fees and payments
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12 shall be equal to the cost of the services provided.
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13 SECTION 3. AMENDATORY 63 O.S. 2011, Section 1-208, is
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14 amended to read as follows:
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15 Section 1-208. (a) A. It shall be the duty of the county
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16 excise board of each county if funds are available to make necessary
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17 appropriations to provide sufficient funds to pay the amounts due
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18 under any agreement entered into by the county board of health, or
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19 by any city, town, or school district of the county, for or in
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20 connection with a district department of health or a cooperative
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21 department of health; and such funds shall be accounted for,
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22 obligated, expended and disbursed as directed by the State
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23 Commissioner of Health, who may require any or all such funds to be
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24 combined with others to be used for similar or related purposes.
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 1 (b) B. The Commissioner may enter into agreements with county
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2 boards of health, and with city-county boards of health, whereby
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3 state funds will be used in conjunction with county funds for the
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4 operation of county, district, cooperative and city-county
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5 departments of health. The Commissioner may pay such funds on a
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6 reimbursement or percentage of budgetary expenditures basis, or
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7 other basis; and if directed to do so by the Commissioner, the
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8 county clerk shall add the amount of any such funds to specified
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9 items of appropriation, and no further action or appropriation by
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10 the county excise board shall be required to make such funds
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11 available for expenditure.
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12 C. Counties may, for the purposes of enhancing access to health
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13 initiatives and maximizing operational impact, agree to combine
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14 resources including county millage in a manner designating one
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15 county as the operational hub. In doing so, the millage provided by
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16 each county within the consortium shall be expended or reserved for
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17 the county of origin, ensuring each county’s millage investment is
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18 expended for the benefit of the county residents.
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19 SECTION 4. This act shall become effective November 1, 2021.
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21 58-1-347 DC 1/21/2021 1:29:11 PM
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