STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 726	By:	Holt

AS INTRODUCED

An Act relating to public health; amending 63 O.S. 2011, Section 1-502.1, which relates to communicable diseases; renaming the Oklahoma Cerebral Palsy Commission as the J.D. McCarty Center Commission; amending 63 O.S. 2011, Sections 485.3, 485.4, 485.9, and 485.11, as amended by Section 504, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2012, Section 485.11), which relate to the Oklahoma Cerebral Palsy Commission; renaming the Oklahoma Cerebral Palsy Commission as the J.D. McCarty Center Commission; deleting obsolete references; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 1-502.1, is amended to read as follows:
Section 1-502.1.  A.  All agencies and organizations that regularly employ emergency medical technicians, paramedics, fire fighters, peace officers, as defined in Section 648 of Title 21 of the Oklahoma Statutes, correctional officers and employees, or health care workers, all mental health or mentally retarded treatment or evaluation programs that employ persons involved with providing care for patients, the J.D. McCarty Center for Children with Developmental Disabilities, and all juvenile institutions of the Department of Human Services shall implement the universal precautions for the prevention of the transmission of communicable diseases published by the Centers for Disease Control, U.S. Public Health Service, in the Morbidity and Mortality Weekly Report, Volume 36, Number 2S or as subsequently amended.
B.  The State Board of Health shall promulgate rules and guidelines that will implement a system of notification of emergency medical technicians, paramedics, fire fighters, health care workers, funeral directors and peace officers relating to risk exposures during health care activities, emergency response activities or funeral preparations.  Risk exposure shall be defined by the State Board of Health to be exposure that is epidemiologically demonstrated to have the potential for transmitting a communicable disease.
C.  The Mental Health Board, Commission for Human Services, Oklahoma Cerebral Palsy J.D. McCarty Center Commission, and State Board of Corrections shall each promulgate rules, guidelines or policies to provide for such notification of risk exposures to persons employed by such agencies.
SECTION 2.     AMENDATORY     63 O.S. 2011, Section 485.3, is amended to read as follows:
Section 485.3.  A.  The Oklahoma Cerebral Palsy J.D. McCarty Center Commission is hereby authorized and empowered to:
1.  Establish and maintain the J.D. McCarty Center for Children with Developmental Disabilities, to provide care, maintenance, training, treatment, habilitation and rehabilitation of persons afflicted with cerebral palsy and other developmental disabilities within such institute;
2.  Set fees and charges for patient services;
3.  Provide care, maintenance, training, treatment and rehabilitation services to children not afflicted with cerebral palsy or developmental disabilities but who may benefit from the services available from the J.D. McCarty Center for Children with Developmental Disabilities, as determined to be practicable by the Oklahoma Cerebral Palsy J.D. McCarty Center Commission;
4.  Provide services to any adults who may benefit from services available from the J.D. McCarty Center for Children with Developmental Disabilities, as determined to be practicable by the Oklahoma Cerebral Palsy J.D. McCarty Center Commission; provided, that services to adults shall not diminish any services available to children;
5.  Enter into contracts for the purchase of real estate or other property and to buy or sell real estate, personal property and equipment necessary or incidental to the carrying out of the provisions of Sections 485.1 through 485.11 of this title; and
6.  Enter into contracts with the Commission for Department of Human Services and with other agencies of the state and of the counties in furtherance of the provisions of Sections 485.1 through 485.11 of this title; provided, the Oklahoma Cerebral Palsy J.D. McCarty Center Commission shall receive from the Commission for Department of Human Services payments aggregating a minimum of One Hundred Thousand Dollars ($100,000.00) annually from funds set aside in the Children with Special Health Care Needs Program; and provided further, the Oklahoma Cerebral Palsy J.D. McCarty Center Commission may negotiate with the Commission for Department of Human Services or its successors for additional payments above One Hundred Thousand Dollars ($100,000.00) from such funds.
B.  The Commission shall be charged with the duties of management and control of the J.D. McCarty Center for Children with Developmental Disabilities and shall have power to sue or be sued in its own name.
C.  The Attorney General shall furnish the Commission with legal representation.  The Commission shall not contract for private legal counsel except for extraordinary situations other than normal day-to-day situations, and when approved by the Attorney General.
D.  For the purposes of moving the J.D. McCarty Center for Children with Developmental Disabilities to its new facilities, the Oklahoma Cerebral Palsy J.D. McCarty Center Commission may sell surplus property and fixtures.  Such sale of surplus property and fixtures shall be exempt from Sections 62.2 through 62.6 of Title 74 of the Oklahoma Statutes.  The Commission shall sell such surplus property and fixtures at fair market value as determined by the members of the Commission.  The process for the sale and transfer of title shall originate with the Commission.  All proceeds from such sale of the property and fixtures shall be deposited into the J.D. McCarty Center for Children with Developmental Disabilities Revolving Fund.
SECTION 3.     AMENDATORY     63 O.S. 2011, Section 485.4, is amended to read as follows:
Section 485.4.  The Oklahoma Cerebral Palsy J.D. McCarty Center Commission is authorized to accept and receive gifts and bequests of money and property, both real and personal, which may be tendered by will or gift, conditionally or unconditionally, for the use of the Commission in the exercise of its powers and duties described in this act.  The Commission shall administer the property or funds in the manner consistent with the terms of the gift and provisions of law.  The Commission is hereby directed, authorized, and empowered to hold such funds in trust or invest them and use either principal or interest in keeping with the terms of the gift as stipulated by the donors for the sole benefit of the Commission in the performance of its duties provided herein.
SECTION 4.     AMENDATORY     63 O.S. 2011, Section 485.9, is amended to read as follows:
Section 485.9.  A.  The names of the "Oklahoma Cerebral Palsy Center", formerly the "Oklahoma Cerebral Palsy Institute", and the "Oklahoma Spastic Paralysis Commission" and the "Cerebral Palsy Commission" are hereby changed to the "J.D. McCarty Center for Children with Developmental Disabilities" and the "Cerebral Palsy J.D. McCarty Center Commission", respectively.
B.  Wherever in the statutes of this state the name "Oklahoma Cerebral Palsy Institute" or "Oklahoma Cerebral Palsy Center" occurs, the reference shall be deemed to be to the "J.D. McCarty Center for Children with Developmental Disabilities"; and wherever in said statutes the name "Oklahoma Spastic Paralysis Commission" or "Cerebral Palsy Commission" appears, this reference shall be deemed to be to the "Cerebral Palsy J.D. McCarty Center Commission".
SECTION 5.     AMENDATORY     63 O.S. 2011, Section 485.11, as amended by Section 504, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2012, Section 485.11), is amended to read as follows:
Section 485.11.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Cerebral Palsy  J.D. McCarty Center Commission to be designated the "J.D. McCarty Center for Children with Developmental Disabilities Revolving Fund".  The fund shall consist of all monies received by the Commission pursuant to statutory authority, but not including appropriated funds, gifts and bequests.  The revolving fund shall be a continuing fund, not subject to fiscal year limitations and shall be under the control and management of the administrative authorities of the Commission.  Expenditures from the fund shall be made pursuant to the laws of the state and the statutes relating to the Commission and may include up to Twenty-five Thousand Dollars ($25,000.00) in expenditures for capital improvements within a single fiscal year or as otherwise provided by the Legislature.  Warrants for expenditures from the fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Commission and approved for payment by the Director of the Office of Management and Enterprise Services.
SECTION 6.  This act shall become effective November 1, 2013.

54-1-1035	JAM	1/16/2013 8:24:04 PM