Oklahoma, www.OK.gov <{$map[0].NAME}>

Contact  |  A-Z Health Index  |  Events & Meetings

get adobe reader

FOR RELEASE: June 3, 2002
CONTACT: Dick Gunn
405/271-5601

State Board of Health Meets Thursday

The Oklahoma State Board of Health will meet Thursday, June 6, at 1 p.m., in Room 307 of the Oklahoma State Department of Health, 1000 NE 10th Street, Oklahoma City. This is a regular meeting of the Board of Health. A preliminary agenda is attached.

###

Agenda for the 1:00 pm, Thursday, June 6, 2002
Regular Meeting of the Oklahoma State Board of Health
Posted at www.health.state.ok.us
Oklahoma State Department of Health
1000 N. E. 10th Street - Rm. 307
Oklahoma City, OK 73117-1299

PRELIMINARY COURTESY AGENDA
FINAL AGENDA POSTED 24 HOURS IN ADVANCE OF MEETING

A. CALL TO ORDER AND OPENING REMARKS

B. REVIEW OF MINUTES

1. Approval of Minutes for March 14, 2002 Regular Meeting

C. APPOINTMENTS

2. Licensed Marital and Family Therapist Advisory Board Appointments: 1 Public Member Authority: 59 O.S. Supp. § 1925.4(A)(2) Members: The Advisory Board shall consist of seven members who shall be appointed by the State Commissioner of Health with the advice and consent of the State Board of Health.

Hearing Aid Advisory Council Appointments: 1 Audiologist Member Authority: 63 O.S., Section 1-1753 Members: The Council shall consist of seven members consisting of four hearing aid dealers and fitters, one otolaryngologist who is certified by the American Board of Otolaryngology or is eligible for such certification, one audiologist and one lay member. Each member of the Hearing Aid Advisory Council shall be appointed by the State Board of Health and serve for terms of three years.

Oklahoma Food Service Advisory Council (presented by Rocky McElvany) Appointments: One member representing food processing education Authority: 63 O.S., § 106.3 Members: Eight members shall be appointed by the Commissioner, with the advice and consent of the Board, from a list of three names for each position provided by an association representing the majority of restaurant owners in this state.

D. SPECIAL REPORTS

Program Area Presentation: TB Division, Dr. Jon Tillinghast (This will be the second in a series of on-going presentations featuring a different program area within the Department)

E. PROPOSED RULEMAKING ACTIONS

Public Hearing to accept written or oral comments regarding proposed rulemaking actions.

3. CHAPTER 110. FEE AND FINE SCHEDULE FOR OCCUPATIONAL LICENSING [AMENDED] [EMERGENCY] - Presented by Charles Broadway PROPOSED RULES: Subchapter 5. Administrative Fine Schedule: 310:110-5-6 [NEW] AUTHORITY: Oklahoma State Board of Health; 59 O.S. 2001, § 858-621 et seq. SUMMARY: The purpose of these rules is to augment the existing fine schedule that the State Board of Health had previously used for occupational licensing by adding an administrative fine schedule for violations of the Home Inspection Licensing Act and the rules promulgated by the State Board of Health for the Committee of Home Inspector Examiners. These fine provisions have no antecedent as the Home Inspection Licensing Act became effective on November 1, 2001. The structural form of these fine rules follows the form adopted by the Construction Industries Board and this form was followed pursuant to an expectation that was originally held by the Committee that oversight of the Committee of Home Inspector Examiners might be given to the Construction Industries Board by the legislature during the 2002 session. CHAPTER LAST AMENDED: November 16, 2000 by Permanent Adoption

4. CHAPTER 256. FOOD SERVICE ESTABLISHMENT REGULATIONS ESTABLISHMENTS [AMENDED] [EMERGENCY] - Presented by Rocky McElvany / Peggy Wiebener PROPOSED RULES: Chapter 256. Food Service Establishment Regulations Establishments [AMENDED] AUTHORITY: Oklahoma State Board of Health; 63 O.S. 2001, Section 1-1101 et seq. SUMMARY: The proposal amends the present Food Service Establishment Regulations in order to correlate the regulations with the 1999 Food and Drug Administration Model Food Code. The intent is to provide public protection from foodborne infection by establishing prescriptive rules for operators of food service establishments. The proposal contains new language concerning a consumer advisory requiring notification to the public regarding food establishments, which serve raw or undercooked foods of animal origin. Pre-packaged foods establishments are excluded from warewashing sinks. Pushcarts shall have a minimum water capacity greater than five gallons. Many of the other changes involve clarification of language and modification of regulations, which were impractical, or unenforceable. Substantive changes include the addition of definitions and new language to clarify existing regulation. CHAPTER LAST AMENDED: July 6, 2000 by Permanent Adoption

5. CHAPTER 276. HOME INSPECTION INDUSTRY [NEW] [EMERGENCY] - Presented by Charles Broadway PROPOSED RULES: Chapter 276. Home Inspection Industry [NEW] AUTHORITY: Oklahoma State Board of Health; 59 O.S. 2001, § 858-621 et seq. SUMMARY: The purpose of these rules is to set forth the Home Inspection Industry regulations mandated by the Home Inspection Licensing Act. These rules have no antecedent and the Home Inspection Licensing Act became effective on November 1, 2001. The rules adopt and set forth standards of workmanship, examination procedures, licensure fees, continuing education requirements and prohibited acts. The structural form of the rules follows the form adopted by the Construction Industries Board and this form was followed pursuant to an expectation that was originally held by the Committee that oversight of the Committee of Home Inspector Examiners might be given to the Construction Industries Board by the legislature during the 2002 session. CHAPTER LAST AMENDED: n/a

6. CHAPTER 285. LODGING ESTABLISHMENT REGULATIONS ESTABLISHMENTS [AMENDED] [EMERGENCY/PERMANENT] - Presented by Rocky McElvany / Peggy Wiebener PROPOSED RULES: Subchapter 3. Facility Maintenance: 310:285-3-14 [AMENDED] AUTHORITY: Oklahoma State Board of Health; 63 O.S. 2001, Section 1-1201 SUMMARY: The proposal amends Subchapter 3 of the present Lodging Establishment Regulations in order to clarify limitations of food service at a lodging facility. The intent is to maintain public protection from foodborne infection by allowing limited food service in lodging facilities. The changes involve clarification of language and modification to regulations, which were impractical or unenforceable. The substantive is: if food service is provided at a lodging establishment it shall be limited to non-potentially hazardous food and commercially packaged potentially hazardous foods. Equipment is limited to a two-compartment sink and hand sink. Any other type of food service in a lodging establishment shall meet the requirements of Chapter 256 of the Food Service Establishment Regulations. CHAPTER LAST AMENDED: May 23, 1991 by Permanent Adoption

7. CHAPTER 529. MULTIDISCIPLINARY TEAMS [NEW] [EMERGENCY] - Presented by Sally Carter / Dr. Edd Rhoades PROPOSED RULES: Chapter 529. Multidisciplinary Teams [NEW] AUTHORITY: 63 O.S. 1991, § § 1-227.1, et seq., as amended; 10 O.S. Supp. 2000, §7110 SUMMARY: The purpose of this chapter is to identify the requirements for multidisciplinary teams. The first subchapter will identify the purpose and common definitions. Each subsequent subchapter will identify the authority for the specific program, describe the service(s) provided by the multidisciplinary team, and provide the established guidelines for the multidisciplinary team. CHAPTER LAST AMENDED: n/a

8. CHAPTER 535. IMMUNIZATIONS [AMENDED] [EMERGENCY] - Presented by Susan Mendus / Dr. Mike Crutcher PROPOSED RULES: 310:535-1-2 [AMENDED]; 310:535-1-3 [AMENDED] AUTHORITY: Oklahoma State Board of Health; 70 O.S. § § 1210.191 et seq. SUMMARY: This rule change allows for: 1) vaccinations to be given <=4 days before the minimum interval or age to be counted as valid; 2) DTaP #4, if administered >=4 months after DTaP #3, to be counted as valid (instead of the current minimum interval of 6 months); 3) the minimum interval between hepatitis A first and second doses to be 6 calendar months, instead of the current six months (6 x 28 days); and, 4) specifying the minimum age for DTaP #5 to be four years of age. Changes #3 and #4 will only apply to immunizations given after January 1, 2003. CHAPTER LAST AMENDED: September 21, 2000 by Permanent Adoption

9. CHAPTER 566. COMPREHENSIVE BREAST AND CERVICAL DETECTION AND TREATMENT [NEW] [EMERGENCY/PERMANENT] - Presented by Adeline Yerkes / Dr. Mike Crutcher PROPOSED RULES: Chapter 566. Comprehensive Breast and Cervical Cancer Detection and Treatment [NEW] AUTHORITY: Oklahoma State Board of Health; 63 O.S. 2001, § 1-104, 1-502 SUMMARY: The proposed rule establishes eligibility criteria for uninsured women to receive breast and/or cervical cancer treatment. The rule establishes the comprehensive breast and cervical cancer early detection program components: early detection methods, diagnostic services for women with abnormal screening findings, educational training for health care providers, public awareness and epidemiological trend studies. The overall goal is to reduce the mortality rates among women with breast and cervical cancer CHAPTER LAST AMENDED: n/a

F. FINDING OF EMERGENCY

10. CHAPTER 110. FEE AND FINE SCHEDULE FOR OCCUPATIONAL LICENSING [AMENDED] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that compelling extraordinary circumstances exist due to the essential agency services that are required and mandated by law in the area of the home inspection industry.

CHAPTER 256. FOOD SERVICE ESTABLISHMENT REGULATIONS ESTABLISHMENTS [AMENDED] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that public interest requires seeking of emergency certification of the rules in Chapter 256. Unless an emergency is declared and certified, these rules cannot go into effect until approximately June 2003, which would unreasonably delay implementation of rules to improve food safety, to eliminate food borne infection, and to incorporate current model food code standards in Oklahoma Food Service Establishments.

CHAPTER 276. HOME INSPECTION INDUSTRY [NEW] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that compelling extraordinary circumstances exist due to the essential agency services that are required and mandated by law in the area of the home inspection industry.

CHAPTER 285. LODGING ESTABLISHMENT REGULATIONS ESTABLISHMENTS [AMENDED] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that public interest requires seeking of emergency certification of the rules in Chapter 285. Unless an emergency is declared and certified, this rule cannot go into effect until approximately July 14, 2002, which would mean no rules would be in effect to implement the provisions of the Lodging Establishment Regulations.

CHAPTER 529. MULTIDISCIPLINARY TEAMS [NEW] NEED FOR EMERGENCY ADOPTION: In State Fiscal Year 2001, 48 children died from child maltreatment in Oklahoma. These rules are necessary to more effectively respond, investigate and combat child abuse and neglect. If these rules are not implemented, the most detrimental effect would be on multidisciplinary teams focused on intervening in child abuse. These multidisciplinary teams would not be given a functional status ranking and therefore would not be eligible to receiving funding from the Department of Human Services Child Abuse Multidisciplinary Team Account (approximately $2.4 million). If multidisciplinary teams did not receive funding, less effective child protection methods would be employed and more children would be at risk for child maltreatment in Oklahoma.

CHAPTER 535. IMMUNIZATIONS [AMENDED] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that a compelling extraordinary circumstance necessitates the seeking of emergency certification of the rules and regulations adopted today. These actions provide modern tools for the protection of public health in their respective fields of regulation. These proposed amendments will prevent Oklahomans from being re-vaccinated unnecessarily.

CHAPTER 566. COMPREHENSIVE BREAST AND CERVICAL DETECTION AND TREATMENT [NEW] NEED FOR EMERGENCY ADOPTION: The State Board of Health finds that a compelling public interest requires seeking an emergency certification to the rules in Chapter 566. Unless an emergency is declared and certified, these rules cannot become effective until approximately June, 2003. Such an unreasonable delay will result in uninsured women continuing to be denied early detection screening, diagnosis and treatment for breast and cervical cancer, resulting in a delay in reducing the mortality rates from these cancers for Oklahoma women.

G. CONSIDERATION OF STANDING COMMITTEES' REPORTS AND ACTION

11. Executive Committee, Dr. Graves, Chair Discussion and Possible Action on the following: a) Approval of Receipt of Proceeds from Sale of Revenue Bonds (SB-973 signed into law 6/7/2000) b) Rural Health c) Oklahoma State 20 Program c) Legislative Update

Finance and Audit Committee - Haskell Evans, Jr., Chair Discussion and Possible Action on the following: a) Financial Report b) Update on Audit Activities/Audits in Progress

Ethical Practices Ad-Hoc Committee - Dr. Gregory, Chair Discussion and Possible Action on the following: a) Office of Accountability Systems

Internal Evaluation Committee - Dr. Gregory, Chair a) Update

Public Health Policy Committee - Dr. Deckert, Chair Discussion and Possible Action on the following: a) Mid-Year Report on State of the State's Health: Health Disparities b) Presbyterian Health Foundation Application

Nominating Committee Report & Election of Officers 2002-2003 - Dr. Gregory, Chair a) President; b) Vice-President; and c) Secretary/Treasurer

G. COMMISSIONER'S REPORT

H. PRESIDENT'S REPORT

I. ADJOURNMENT

###

Creating a State of Health Logo