1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3333 By: Roe
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6 AS INTRODUCED
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7 An Act relating to public health; amending 63 O.S.
7 2021, Section 1-103a.1, which relates to creation of
8 Public Health Advisory Councils; creating exception;
8 increasing membership of the Advancement of Wellness
9 Advisory Council; directing appointment of certain
9 members; broadening jurisdictional areas of the
10 Advancement of Wellness Advisory Council; and
10 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. 2021, Section 1-103a.1, is
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15 amended to read as follows:
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16 Section 1-103a.1 A. To assist and advise the State
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17 Commissioner of Health and the State Department of Health, there are
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18 hereby created:
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19 1. The Consumer Protection Licensing Advisory Council;
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20 2. The Trauma and Emergency Response Advisory Council;
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21 3. The Infant and Children's Health Advisory Council;
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22 4. The Advancement of Wellness Advisory Council; and
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23 5. The Home Care, Hospice and Palliative Care Advisory Council.
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 1 B. 1. Except for the Home Care, Hospice and Palliative Care
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2 Advisory Council and the Advancement of Wellness Advisory Council,
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3 each Public Health Advisory Council (Advisory Council) created
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4 pursuant to subsection A of this section shall consist of seven (7)
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5 members. Two members shall be appointed by the Governor, two
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6 members shall be appointed by the Speaker of the House of
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7 Representatives, two members shall be appointed by the President Pro
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8 Tempore of the Senate, and one member shall be appointed by the
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9 Commissioner. Appointments shall be for three-year terms. Members
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10 of the Advisory Councils shall serve at the pleasure of and may be
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11 removed from office by the appointing authority. Members shall
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12 continue to serve until their successors are appointed. Any vacancy
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13 shall be filled in the same manner as the original appointments.
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14 Four members shall constitute a quorum.
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15 2. The Home Care, Hospice and Palliative Care Advisory Council
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16 shall consist of nine (9) members. Two members shall be appointed
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17 by the Governor, three members shall be appointed by the Speaker of
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18 the House of Representatives, three members shall be appointed by
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19 the President Pro Tempore of the Senate and one member shall be
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20 appointed by the Commissioner. Five members shall constitute a
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21 quorum.
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22 3. The Advancement of Wellness Advisory Council shall consist
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23 of ten (10) members. Three members shall be appointed by the
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24 Governor, three members shall be appointed by the President Pro
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Req. No. 9119 Page 2
 1 Tempore of the Oklahoma State Senate, three members shall be
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2 appointed by the Speaker of the Oklahoma House of Representatives,
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3 and one member shall be appointed by the Commissioner. Five members
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4 shall constitute a quorum.
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5 4. Each Advisory Council shall meet at least twice a year, but
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6 no more than four times a year and shall elect a chair, a vice-chair
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7 and a secretary from among its members. Each Advisory Council shall
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8 only meet as required for election of officers, establishment of
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9 meeting dates and times; rule development, review and
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10 recommendation; and adoption of nonbinding resolutions to the
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11 Department or the Commissioner concerning matters brought before the
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12 Advisory Council. Special meetings may be called by the chair or by
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13 the concurrence of any three members.
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14 C. 1. All members of the Consumer Protection Licensing
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15 Advisory Council shall be knowledgeable of certain consumer issues
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16 as specified below. The Consumer Protection Licensing Advisory
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17 Council shall be composed as follows:
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18 a. the Governor shall appoint:
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19 (1) one member who is a licensed radiologist
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20 assistant, and
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21 (2) one member who is a licensed audiologist,
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22 b. the President Pro Tempore of the Oklahoma State Senate
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23 shall appoint:
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24 (1) one member who is a licensed radiologist, and
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 1 (2) one member representing the hearing-aid-fitting
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2 industry,
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3 c. the Speaker of the Oklahoma House of Representatives
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4 shall appoint:
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5 (1) one member representing the medical
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6 micropigmentation industry, and
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7 (2) one member representing the hearing-impaired
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8 public, and
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9 d. the Commissioner shall appoint one member representing
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10 a diagnostic x-ray facility.
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11 2. The jurisdiction areas of the Consumer Protection Licensing
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12 Advisory Council shall include the hearing-aid-fitting industry, the
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13 medical micropigmentation industry, the radiation industry and such
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14 other areas as designated by the Commissioner.
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15 D. 1. All members of the Trauma and Emergency Response
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16 Advisory Council shall be knowledgeable of issues that arise in a
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17 hospital setting and issues that arise concerning emergency
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18 response. The Trauma and Emergency Response Advisory Council shall
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19 be composed as follows:
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20 a. the Governor shall appoint:
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21 (1) one member who is an administrative director of a
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22 licensed ambulance service, and
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23 (2) one member who is a Board Certified Emergency
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24 Physician,
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 1 b. the President Pro Tempore of the Oklahoma State Senate
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2 shall appoint:
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3 (1) one member who is a representative from a
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4 hospital with trauma and emergency services, and
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5 (2) one member who is a trauma surgeon with
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6 privileges at a hospital with trauma and
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7 emergency operative services,
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8 c. the Speaker of the Oklahoma House of Representatives
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9 shall appoint:
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10 (1) one member representing the trauma registrar of a
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11 licensed hospital that is classified as providing
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12 trauma and emergency operative services, and
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13 (2) one member who is an Emergency Medical
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14 Technician, and
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15 d. the Commissioner shall appoint one member who is a
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16 critical care nurse.
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17 2. The jurisdictional areas of the Trauma and Emergency
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18 Response Advisory Council shall include emergency response systems
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19 development, injury prevention, catastrophic health emergency,
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20 trauma systems improvement and development and such other areas
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21 designated by the Commissioner.
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22 E. 1. All members of the Infant and Children's Health Advisory
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23 Council shall be knowledgeable of issues that arise in the area of
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 1 infant and children's health care. The Infant and Children's Health
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2 Advisory Council shall be composed as follows:
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3 a. the Governor shall appoint:
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4 (1) one member who works for the state or for a
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5 political subdivision on child abuse issues, and
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6 (2) one member who is knowledgeable about childhood
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7 immunizations,
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8 b. the President Pro Tempore of the Oklahoma State Senate
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9 shall appoint:
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10 (1) one member who is knowledgeable about newborn
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11 screening issues,
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12 (2) one member licensed by the state as an
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13 optometrist who has knowledge of vision screening
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14 for children, and
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15 (3) one member who is a licensed ophthalmologist in
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16 this state with the knowledge of treating visual
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17 deficiencies in children,
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18 c. the Speaker of the Oklahoma House of Representatives
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19 shall appoint:
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20 (1) one member who is licensed by the state as a
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21 physician and works as a pediatrician, and
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22 (2) one member who is licensed by the state as a
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23 genetic counselor, and
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 1 d. the Commissioner shall appoint one member who is a
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2 physician licensed by the state who specializes in the
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3 diagnosis and treatment of childhood injuries in a
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4 trauma setting.
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5 2. The jurisdictional areas of the Infant and Children's Health
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6 Advisory Council shall include all issues that arise in the area of
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7 health care for infants and children and such other areas as
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8 designated by the Commissioner.
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9 F. 1. All members of the Advancement of Wellness Advisory
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10 Council shall be knowledgeable of issues that arise in the area of
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11 advancing the health of all Oklahomans. The Advancement of Wellness
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12 Advisory Council shall be composed as follows:
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13 a. the Governor shall appoint:
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14 (1) one member who is knowledgeable about breast and
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15 cervical cancer issues, and
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16 (2) one member who is knowledgeable about organ donor
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17 issues, and
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18 (3) one member who is knowledgeable about
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19 cardiometabolic disease including obesity,
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20 dyslipidemia, hypertension, and diabetes,
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21 b. the President Pro Tempore of the Oklahoma State Senate
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22 shall appoint:
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 1 (1) one member who is mayor of a city or town that
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2 has been designated a certified healthy community
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3 in an urban setting, and
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4 (2) one member who is the president or chief
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5 operating officer of a business that has been
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6 designated a certified healthy business, and
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7 (3) one member who represents an Urban Indian Health
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8 Center in this state or a nonprofit organization
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9 with a major focus on improving public health for
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10 citizens of federally recognized Indian tribes in
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11 this state,
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12 c. the Speaker of the House of Representatives shall
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13 appoint:
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14 (1) one member who is the mayor of a city or town
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15 that has been designated a certified healthy
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16 community in a rural setting, and
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17 (2) one member who is the president or chief
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18 operating officer of a business that has been
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19 designated a certified healthy business in an
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20 urban setting, and
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21 (3) one member who represents a federally recognized
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22 Indian tribe based in this state which maintains
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23 a tribally operated health care system, and
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 1 d. the Commissioner shall appoint one member who is the
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2 Executive Director of the Tobacco Settlement Endowment
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3 Trust.
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4 2. The jurisdictional areas of the Advancement of Wellness
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5 Advisory Council shall include all issues that arise in the areas of
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6 tobacco usage and cessation, organ and tissue donation,
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7 cardiometabolic disease, American Indian health, the requirements
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8 for a city or town in the state to be designated as a certified
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9 healthy community, the requirements for a business to be designated
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10 as a certified healthy business and such other areas as designated
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11 by the Commissioner.
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12 G. 1. All members of the Home Care, Hospice and Palliative
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13 Care Advisory Council shall be knowledgeable of issues that arise in
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14 the administration and practice of home care, hospice and palliative
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15 care services. The Home Care, Hospice and Palliative Care Advisory
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16 Council shall be composed as follows:
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17 a. the Governor shall appoint:
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18 (1) one member who is the owner or administrator of
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19 an entity licensed in accordance with the
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20 Oklahoma Hospice Licensing Act, and
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21 (2) one member who is an owner or administrator of an
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22 entity licensed in accordance with the Oklahoma
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23 Home Care Act,
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 1 b. the President Pro Tempore of the Oklahoma State Senate
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2 shall appoint:
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3 (1) one member who is an owner or administrator of an
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4 entity licensed in accordance with the Oklahoma
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5 Hospice Licensing Act,
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6 (2) one member who is an owner or administrator of an
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7 entity licensed in accordance with the Oklahoma
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8 Home Care Act, and
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9 (3) one member who is a member of the palliative care
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10 patient advocacy community,
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11 c. the Speaker of the Oklahoma House of Representatives
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12 shall appoint:
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13 (1) one member representing the public who is or was
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14 a legal guardian of a recipient of hospice
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15 services,
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16 (2) one member representing the public who is a
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17 recipient or legal guardian of a recipient of
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18 services from a home health agency, and
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19 (3) one member who is an allopathic or osteopathic
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20 physician or nurse certified in palliative care
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21 delivery in this state, and
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22 d. the Commissioner shall appoint one member representing
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23 an association which advocates on behalf of home care
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24 or hospice issues.
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 1 2. The jurisdictional areas of the Home Care, Hospice and
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2 Palliative Care Advisory Council shall include all issues that arise
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3 in the areas of home care, hospice services and palliative care,
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4 including, but not limited to:
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5 a. identifying methods that improve the quality and
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6 delivery of home care, hospice and palliative care,
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7 b. reviewing best practices from home care, hospice and
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8 palliative care programs in the stat