Okla. Stat. tit. 63, § 63-1-106v2

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 81

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

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 full-

time, 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
t 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.

Oklahoma Statutes - Title 63. Public Health and Safety Page 82

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 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 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
r 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,

Oklahoma Statutes - Title 63. Public Health and Safety Page 83

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.

13. The State Commissioner of Health may 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.

14. Pursuant to Section 1-106 of this title, the State

Commissioner of Health shall appoint a Chief Medical Officer who

reports directly to the State Commissioner of Health.

15. The State Commissioner of Health shall, in consultation

with local and national organizations that provide education or

services related to epilepsy conditions, provide guidance to medical

doctors, osteopathic physicians, nurse practitioners, and physician

assistants who have the primary responsibility for treatment of a

person with epilepsy to assist in determining whether a patient is

at elevated risk for sudden unexpected death in epilepsy (SUDEP),

including, but not limited to, whether the patient has had

convulsive seizures, the frequency and recency of such seizures, and

whether the patient's symptoms have subsided in response to

medicinal or surgical treatment. The Chief Medical Examiner shall

provide to all employees of the Chief Medical Examiner's Office

information about sudden unexpected death in epilepsy (SUDEP).