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Tribal Consultation Meeting Oklahoma State Department of Health
March 2 @ 10:00 am - 12:30 pm
In an effort to work with our sovereign tribal partners on a government-to-government basis the Oklahoma State Department of Health (OSDH) will be hosting Tribal Consultation on Monday, March 2nd, 2020 in Oklahoma City. We truly value our tribal partnerships and would appreciate your guidance and input on these proposed rule updates. If you are able to attend or send representation please RSVP to StephenW@health.ok.gov
Each year program areas within the agency identify desired rule changes to find efficiencies and to better protect and serve the public. These proposed changes are drafted and presented for public comment and tribal consultation. After comments are considered and any necessary changes are incorporated, the final drafts are submitted to the Secretary of State and go through the 2020 legislative session for approval.
We will have program area experts in attendance to present an overview of the proposed changes, answer questions and facilitate any needed discussion. Please feel free to reach out with any questions or comments anytime before March 2nd. Thank you for your time and partnership.
Below are brief summaries describing the rule changes. Attached are the full documents including the ‘Rule Impact Statements’ as well as the full rule language (strikethrough is language being omitted from the current rule, underlined is language being added to current rule). Additionally, all information can be found on the OSDH website here:https://www.ok.gov/health/Organization/Proposed_Amendments_to_OSDH_Rules/index.html
Monday March 2, 2020 – 10:00 am to 12:30 pm
Oklahoma City-County Health Department – NE Regional Health and Wellness Campus
2600 NE 63rd St, Oklahoma City, OK 73111
Rule Making Timeline:
- January 17 to March 2 – Review Period
- March 2 – Tribal Consultation
- March 6 – Last day for comments to be considered before submission
- February 3 to May 29 – Legislative Session (rules move through the approval process)
- Summer 2020 – Rules become effective soon after legislative session adjourns
CHAPTER 2. PROCEDURES OF THE STATE DEPARTMENT OF HEALTH
Revises process for administrative proceedings by modifying the requirements for ‘legal service of instruments’ related to administrative hearings before the Oklahoma State Department of Health. Reduces the ability of Respondents who are licensed by the department to avoid service of legal instrument and delay administrative proceedings.
Additionally, this rule will modify the process for determining licensure eligibility considering an applicant’s criminal history. This new Rule will allow applicants to request an initial determination of whether an applicant’s criminal history record would potentially disqualify him or her from obtaining an occupational license or certification. This process will apply to all occupational licenses, permits or certifications issued by the Oklahoma State Department of Health.
CHAPTER 105. VITAL STATISTICS
The current rule provides a requirement for identification and establishes fees for services. The proposed amendment will require the State Department of Health to provide a list of acceptable identification to include government issued photographic identification, alternative forms of identification, and an alternative electronic process. Additionally the Department is directed to provide the legal forms that shall be used to delegate personal powers related to birth records and attestation for identity. This is required to meet the requirement in law to maintain record integrity and establish that each applicant meets the requirements set in law for release of a record. There is no change to fees requested.
CHAPTER 260. GOOD MANUFACTURING PRACTICE REGULATIONS
This proposed rule change will address numerous items relating to food manufacturing, processing, packing, holding, transporting and salvage operations that fall under state regulation. The proposed changes will protect consumers from adulterated or misbranded foods, and establish definitions, set standards, provides for food establishment plan review, license issuance, inspection, employee restriction, and license suspension.
Examples of topics covered:
- Personnel and hygiene
- Grounds and plants
- Sanitary operations
- Equipment and utensils
- Processes and controls
- Reconditioning (or salvageable food items)
- Record keeping
- Facility construction
- Food storage and disposal
CHAPTER 515. COMMUNICABLE DISEASE AND INJURY REPORTING
The proposal updates the existing rules in accordance with recommendations from the Council of State and Territorial Epidemiologists (CSTE), the Centers for Disease Control and Prevention, and local health care partners pertaining to reportable diseases and injuries. The proposal revises the list of conditions of public health importance that require investigation and implementation of prevention activities and time frames for required reporting and requiring all laboratories and providers to report lymphogranuloma venereum (LGV) which is a type of chlamydia’ bacteria that attacks the lymphatic system. The additional specification of LGV will ensures that Oklahoma can better describe the type of infections or outbreaks that are occurring within the state and monitor the trends.
CHAPTER 528. CHILDREN FIRST ELIGIBILITY REQUIREMENTS
Expands income eligibility to above 185% Federal Poverty Level while prioritizing lower income participants. The Children First program is for first time moms where a specially trained public health nurse will conduct home visits to provide education on pregnancy, labor and delivery, and parenting skills such as feeding, bathing, and toilet training.
Services will be prioritized to Children First Mothers whose household income is no greater than 185% of the federal poverty level. No more than 15% of a nurse home visitor’s caseload should be above 185% of the federal poverty level.
CHAPTER 531. VISION SCREENING
Changes include allowing the use of photo screeners for children under 72 months of age. These rule changes also permit the Oklahoma State Department of Health (Department) to determine “any vision screening tool determined by the Department to be a comparably effective and efficient screening tool” enabling the Department to approve use of future evidence-based screening technology or tool as new peer-reviewed research becomes available and tools are recommended by experts in the field.
CHAPTER 535. IMMUNIZATION REGULATIONS
The proposed changes modify the process for obtaining and submitting religious and personal vaccine exemptions for children enrolled in Oklahoma schools or child care centers. Religious and personal exemptions may be obtained after receiving an approved brief educational presentation provided by any local county health department regarding the risks associated with not being vaccinated and the benefits vaccinations provide to the individual and the community. To be approved, the completed exemption form along with evidence of completed instruction is required.
The school shall maintain a copy of the approved exemption in the child’s records. The proposed rule requires that exemptions submitted prior to a student entering 7th grade expire at the end of the student’s 6th grade year. A new exemption is required to be completed and submitted to the Oklahoma State Department of Health by the parent or guardian prior to enrolling the child in 7th grade.
The proposed rule creates an expiration date to exemptions before entry to seventh grade and a new exemption form should be submitted to the department. Religious and personal exemptions may be obtained after submitting a completed exemption form and attending a brief instructional presentation regarding the value of vaccination and the risks of not being vaccinated.
CHAPTER 540. INFANT HEARING SCREENING
The current rule references “regional sites” for follow-up screenings. However, regional sites no longer exist due to the expansion of screening capabilities at local county health departments and other health care provider locations. This proposal expands screening options for Oklahoma families to assist infants in receiving recommended follow-up. This proposal sets forth parameters to ensure national guidelines are met for screening by one month of life and hearing loss diagnosis by three months of life. The proposal establishes the manner and timeframe deemed appropriate by the Oklahoma State Department of Health to report hearing screening and diagnostic results as reporting results can guide individualized case management needs of infants through the early hearing detection and early intervention process. The proposal updates the current rule regarding when a newborn can be referred to audiologist for diagnostic hearing evaluation so that language reflects recommendations by the national Joint Committee on Infant Hearing.
CHAPTER 638. DRUG AND ALCOHOL TESTING
An amendment is provided to update the minimum personnel qualifications of the Director of Drug Screen Testing Facilities. This action will expand eligibility requirements for this role to allow for varied education, experience, and professional certifications.
CHAPTER 681. MEDICAL MARIJUANA CONTROL PROGRAM
The proposed new and amended rules contain emergency rules that the Oklahoma State Department of Health proposes to adopt as permanent rules. The proposed rulemaking would make permanent the 2019 emergency rules at OAC 310:681 which the Department adopted to fulfill requirements and to provide procedures and processes necessary to implement legislative changes mandated by SB162, HB2612, HB2601, SB882, HB2613, SB 532, and SB1030, as codified under 63 O.S. §§ 420 et seq., 63 O.S. §§ 427.1 et seq., 63 O.S. §§ 427a et seq.
Patient license changes include the removal of board certification as a requirement for physicians recommending medical marijuana, as well as the addition of physicians licensed by the Board of Podiatric Medical Examiners as physicians that can provide recommendations. The requirement that patients smile with their mouth closed in their picture has 3 been removed. The processing time for patient licenses changed from 14 calendar days to 14 business days, and a reduced application fee for 100% disabled veterans has been established.
Medical marijuana business changes that are addressed in the proposed permanent rules include adding a definition for business licensee to be consistent with 63 O.S. §427.14, the increased application processing timeline, renewal application process, new residency documentation requirements, and approved waste disposal method to destroy root balls, stems, fan leaves, and seeds. Additionally, medical marijuana businesses will need to provide a certificate of compliance with zoning classifications, municipal ordinances, and all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes. The definition of school is modified to now include preschools for the purposes of the 1,000 feet requirement for dispensaries. The proposed rules establish new business compliance components that include the authority for certain business types to sell to other business types, the requirement to participate in a seed-to-sale inventory tracking system, to test harvest and product batches, and to comply with new packaging and labeling requirements.
The proposed permanent rules address several new license categories: transporter, transporter agent, short-term patient, research facility, education facility, testing laboratory, and waste disposal facility (including waste disposal permits). The rule proposals include provisions for testing laboratory operating requirements and sampling requirements. It also modifies testing requirements and testing thresholds and provides provisions regarding remediation of medical marijuana and medical marijuana products. The proposed rules also include provisions related to a quality assurance laboratory for oversight of licensed testing laboratories and inventory management for current and new license.
Stephen Weaver, MPA
Oklahoma State Department of Health
(405) 271 5170