Recently Adopted Amendments to the State Board of Health Rules

The Office of Administrative Rules (OAR) is responsible for publishing The Oklahoma Administrative Code and The Oklahoma Register and implementing the provisions of Article 1 of the Administrative Procedures Act [75 O.S., Sections 250 et seq.]. The OAR maintains the official records of the state's rules and rulemaking notices, and provides assistance to approximately 150 regulatory agencies in the rulemaking process.

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Rule changes adopted by the State Board of Health on March 28, 2008, and pending approval by the Legislature and Governor include:

Chapter 105, Vital Statistics: The proposal increases the fee for a vital record search or for a birth or death certificate to Twenty Dollars ($20.00) per search or certificate. Additionally, this rule proposal increases the fee for amendment of birth and death certificates, issuance of a delayed birth certificate or an adoption certificate, and amendment of a birth or death certificate due to court order to Twenty-five Dollars ($25.00) per item.

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Rule changes adopted by the State Board of Health on March 13, 2008, and pending approval by the Legislature and Governor include:

Chapter 002, Procedures of the State Board of Health: This proposal establishes PERMANENT rules allowing a contract to be executed between a charitable health care provider and the Oklahoma State Department of Health or a city-county health department to provide health care services to medically indigent persons at, or on referral from a free clinic, where such providers would be considered a state employee for purposes of the Governmental Tort Claims Act. 

Chapter 110, Fee and Fine Schedule for Occupational Licensing: Implements the Fire Extinguisher Licensing Act. The proposed rule creates the administrative citations for companies and individuals performing Fire Extinguisher work without proper licensure.

Chapter 205, Alarm and Locksmith Industry: Eliminates pre-licensing training requirement for initial licensing and allows optional school or employer based training; includes a definition for electronic access control that was inadvertently left out of the previous rule.

Chapter 210, Barbers: Changes term of apprentice license to 24 months from 12; increases fee from $10 for a one year license to $50 for a two-year license, raises the fee for a 12 month hardship apprentice license from $10 to $25; allows a barber who holds a license from another state or entity to obtain an Oklahoma license without taking the Oklahoma barber exam; creates a $200 fee for a reciprocal barber license.

Chapter 250, Fee Schedule for Environmental Health Services: Increases in fees for food service establishment permits and/or establishment of fees for certain nonprofit establishments that are currently exempt from fees; Current funding supports only about 50% of program costs.

Chapter 345, Registration Of Sanitarians and Environmental Specialists: Increase of the registration fees for initial full registration from $20 to $25 per registration; in training to full registration from $20 to $25 per registration; yearly renewal from $7.50 to $25 per registration; lifetime from $20 to $60 per registration; and provides for an examination fee of $30 for applicants taking the Oklahoma examination as a qualification for initial registration.

Chapter 400, Licensed Marital and Family Therapists: Establishes a time limit to re-apply following revocation of licensure and clarifies the re-application procedures; allows for consideration to approve out-of-state, on-site supervisors; establishes renewal requirements for approved supervisors; establishes continuing education requirements.

Chapter 403, Licensed Behavioral Practitioners: Clarifies acceptable supervision setting and who can provide on-site supervision; establishes a time limit to re-apply following revocation of licensure and clarifies the re-application procedures; allows for consideration to approve out-of-state, on-site supervisors; establishes renewal requirements for approved supervisors; establishes continuing education requirements.

Chapter 405, Licensed Professional Counselors: Clarifies discrimination against clients and licensure by endorsement requirements; establishes a time limit to re-apply following revocation of licensure and clarifies the re-application procedures; allows for consideration to approve out-of-state, on-site supervisors; establishes renewal requirements for approved supervisors; clarifies acceptable supervision setting and who can provide on-site supervision; establishes continuing education requirements.

NEW – Chapter 451, Fire Extinguisher Industry: Create a rule chapter necessary to implement a new section of law codified in the Oklahoma Statutes as Section 1820.1 of Title 59, known as the "Fire Extinguisher Licensing Act". The purpose of the Act is to regulate the sale, installation, and servicing of portable fire extinguishers; creates categories of licensure, definitions, qualifications, and requirements for companies, managers, technicians, salespersons, and trainees along with the respective licensing fees.

Chapter 638, Drug And Alcohol Testing: This rule implements the Standards for Workplace Drug and Alcohol Testing Act as amended effective November 1, 2006 and supersedes emergency rules promulgated at the February 1, 2007 Board of Health meeting.

Chapter 641, Emergency Medical Services: Clarifies language related to "closest ambulance rule," mutual aid agreements, transfer of care communications, and requirements for participation in regional trauma advisory boards; incorporates HIPAA requirements; updates requirements for pediatric equipment; deletes air ambulance requirements covered by FAA regulations.

Chapter 662, Home Care Agencies: Establishes standards, procedures, and fees for licensure of agencies providing companion and sitter services as required by House Bill 1580.

Chapter 663, Continuum of Care and Assisted Living: The proposed amendments are re-submitted in their entirety as reviewed and adopted at the Oklahoma State Board of Health, March 8, 2007, meeting. No additional amendments are offered. The re-submission is due to an error in distribution in which an earlier draft, not adopted by the State Board of Health, was distributed to the Legislature, Governor's office and Secretary of State for final adoption and publication in the Oklahoma Register, Volume 24, Number 19, OAR Docket #07-1090.

Chapter 667, Hospital Standards: This rule modifies hospital licensure standards to be consistent with Federal standards that became effective January 26, 2007 and supersedes emergency rules promulgated at the February 1, 2007 Board of Health meeting that became effective on April 2, 2007.

Chapter 675, Nursing and Specialized Facilities: The proposed amendments are re-submitted in their entirety as reviewed and adopted at the Oklahoma State Board of Health, March 8, 2007, meeting. No additional amendments are offered. The re-submission is due to an error in distribution in which an earlier draft, not adopted by the State Board of Health, was distributed to the Legislature, Governor's office and Secretary of State for final adoption and publication in the Oklahoma Register, Volume 24, Number 19, OAR Docket #07-1096.

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Rule changes adopted by the State Board of Health on February 7, 2008, and pending approval by the Legislature and Governor include:

Chapter 521. Control and Treatment of Communicable Disease: Changes the existing Subchapters and broadens the definitions to be applicable to all communicable diseases affected by this rule and updates language related to tuberculosis treatment. The new Subchapter increases the ability of the OSDH to control and treat communicable diseases, thus decreasing the likelihood of spread of infectious agents and infection of the susceptible population, and reducing threats to the public health.

Chapter 526. Dental Services: This proposal amends the existing rule providing definitions and requirements of the Oklahoma Dental Loan Repayment Program (Program). It is apparent existing language may become a barrier to participation in the Program. This proposal makes it possible for the 30% minimum Medicaid recipient requirement to be met either by an unduplicated count of the patients treated or a count of patient visits.

Chapter 550. Newborn Screening Program: This proposal amends the existing rule. This action will establish a more encompassing and expanded newborn screening panel commensurate with the uniform panel recommended by the American College of Medical Genetics (ACMG) and the Oklahoma Genetics Advisory Council (OGAC). These amendments require all newborns be screened for additional genetic disorders of biotinidase deficiency, amino acid disorders, fatty acid oxidation disorders, and organic acid disorders detectable via the Department's laboratory technology utilized in newborn screening and approved by the Commissioner of Health and clarifies definitions, testing of newborns, specimen collection requirements, physician follow-up and reporting and program information.

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Proposed Amendments to the State Board of Health Rules