Okla. Stat. tit. 63, § 63-1-103a.1

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 Page 63

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:

a. the Governor shall appoint:

(1) one member who is a licensed radiologist

assistant, and

(2) one member who is a licensed audiologist,

b. the President Pro Tempore of the Senate shall appoint:

Oklahoma Statutes - Title 63. Public Health and Safety Page 64

(1) one member who is a licensed radiologist, and

(2) one member representing the hearing-aid-fitting

industry,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member representing the medical

micropigmentation industry, and
a licensed audiologist,

b. the President Pro Tempore of the Senate shall appoint:

Oklahoma Statutes - Title 63. Public Health and Safety Page 64

(1) one member who is a licensed radiologist, and

(2) one member representing the hearing-aid-fitting

industry,

c. 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

d. 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:

a. 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,

b. 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,

c. 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

d. 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

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

Advisory Council shall be composed as follows:

a. 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,

b. 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,

c. 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

d. 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:

a. the Governor shall appoint:
ues 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:

a. 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,

b. 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,

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(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,

c. 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

d. 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:

a. 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,

b. 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,

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(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,

c. 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
t, and

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

patient advocacy community,

c. 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

d. 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:

a. identifying methods that improve the quality and

delivery of home care, hospice and palliative care,

b. reviewing best practices from home care, hospice and

palliative care programs in the state,

c. developing information on home care, hospice and

palliative care issues for the general public, and

d. 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;

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

discussion of issues it considers relevant to its area of

jurisdiction, and to:

a. pass nonbinding resolutions expressing the sense of

the Advisory Council, and

b. 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.