STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1655	By:	Hulbert

AS INTRODUCED

An Act relating to public health and safety; directing State Board of Health to promulgate rules to license certain facilities; providing exceptions; specifying powers and duties of State Department of Health; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-864.1 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  The State Board of Health shall promulgate rules and standards to license private facilities and organizations which provide treatment, counseling, recovery and rehabilitation services directed toward alcohol- and drug-dependent persons.  Such rules and standards shall include, but not be limited to, provisions for temperature settings, lighting, ventilation, and other physical conditions that affect the health, safety and welfare of alcohol- and drug-dependent persons.  For purposes of this act, such facilities and organizations shall be known as a “licensed facility” or “licensed facilities”.
B.  The following shall be exempt from the provisions of this act:
1.  Individual persons in private practice as licensed physicians, licensed psychologists, licensed social workers, registered nurses, licensed professional counselors, licensed marriage and family therapists, licensed behavioral practitioners, individual members of the clergy, and certified alcohol or drug abuse counselors.  The exemption shall apply only to an individual professional person in their private practice and not to any treatment facility operated by the person;
2.  Properly licensed hospitals, psychiatric and medical surgical facilities;
3.  Programs or facilities operated by a state agency;
4.  Programs conducted and facilities operated by Alcoholics Anonymous;
5.  Programs conducted and facilities operated by the Salvation Army;
6.  Faith-based, nonresidential recovery programs; or
7.  Residential recovery-based programs with a resident capacity of less than twelve.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-864.2 of Title 63, unless there is created a duplication in numbering, reads as follows:
The State Department of Health shall have the power and duty to:
1.  Issue, renew, deny, modify, suspend, and revoke licenses for licensed facilities within the state;
2.  Enforce any rules promulgated by the State Board of Health regarding licensed facilities and require the submission and review of reports from any licensed facility;
3.  Employ or designate personnel to conduct investigations and inspections, to make reports of the condition of licensed facilities, and to take necessary action to protect and safeguard the health, safety, and welfare of alcohol- and drug-dependent persons;
4.  Establish a procedure for receipt and investigation of complaints regarding a licensed facility;
5.  Advise, consult, and cooperate with other agencies of this state, the federal government, and with affected groups and political subdivisions;
6.  Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for licensure;
7.  Establish civil penalties for violations of Board rules; and
8.  Institute and maintain or intervene in any action or proceeding where deemed necessary by the Department to protect the health, safety, and welfare of any alcohol- and drug-dependent person in a licensed facility.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-6522	AM	01/17/13