OF THE CITY-COUNTY HEALTH DEPARTMENT, UNDER THIS PROVISION, BEGINS WITH THE CITY AND COUNTY OF ITS CREATION. IT ALSO INCLUDES ANY AREA IN WHICH SUCH A DEPARTMENT HAS JURISDICTION TO OPERATE BY AGREEMENT.
IN ADDITION, THE DIRECTOR OF A CITY-COUNTY HEALTH DEPARTMENT IS CHARGED WITH SUPERVISING THE CITY-COUNTY HEALTH DEPARTMENT ACTIVITIES AND HAS BEEN GIVEN THE FOLLOWING DUTIES:
". . . SUCH DIRECTOR SHALL ADMINISTER AND ENFORCE ALL MUNICIPAL AND COUNTY ORDINANCES, RULES AND REGULATIONS RELATING TO PUBLIC HEALTH MATTER, AND HE SHALL ALSO ADMINISTER STATE LAWS. AND RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH PERTAINING TO PUBLIC HEALTH. SUBJECT TO ADMINISTRATIVE SUPERVISION OF THE STATE COMMISSIONER OF HEAL K. ANY OTHER POWERS, AUTHORITY, DUTIES OR FUNCTIONS WHICH ARE NOW OR MAY HEREAFTER BE CONFERRED BY LAW ON COUNTY OR CITY SUPERINTENDENTS OF PUBLIC HEALTH ARE HEREBY CONFERRED ON SUCH DIRECTOR OF THE CITY COUNTY HEALTH DEPARTMENT." 63 O.S. 1-215
IN CONTRAST TO THE ABOVE CITED STATUTES, THE LEGISLATURE HAS MORE CLEARLY DEFINED STATE NURSING HOME INSPECTIONS. AS YOU CITED IN YOUR OPINION REQUEST, THE OKLAHOMA LEGISLATURE HAS PROMULGATED AN ACT CONCERNED SPECIFICALLY WITH NURSING HOMES, THE NURSING HOME CARE ACT. 63 O.S. 1-1901 ET SEQ. THAT ACT GIVES THE DEPARTMENT OF HEALTH THE DUTY TO LICENSE AND CERTIFY NURSING HOMES. WITHIN THAT ACT, THE LEGISLATURE REQUIRES THE STATE DEPARTMENT OF HEALTH TO INSPECT STATE LICENSED NURSING HOMES. 63 O.S. 1-1911. THE INSPECTIONS ARE TO BE ACCOMPLISHED BY A "DULY APPOINTED REPRESENTATIVE OF THE COMMISSION." 63 O.S. 1-1911(A) (1990).
CONSEQUENTLY, THE LEGISLATURE HAS SPECIFICALLY DISTINGUISHED THE STATE DEPARTMENT OF HEALTH AS THE ENTITY TO ACCOMPLISH STATE INSPECTIONS OF NURSING HOMES. IT THEREFORE APPEARS THAT THE LEGISLATURE INTENDED TO IDENTIFY ONLY THE STATE DEPARTMENT OF HEALTH AS THE AGENCY CHARGED WITH THE DUTY OF INSPECTING NURSING HOMES ON BEHALF OF THE STATE.
HOWEVER, AS DISCUSSED PREVIOUSLY, THE LEGISLATURE ALSO GAVE THE CITY-COUNTY HEALTH DEPARTMENTS THE AUTHORITY TO SUPERVISE NURSING HOMES WITHIN THEIR RESPECTIVE JURISDICTIONS. IN ADDITION, THE CITY-COUNTY HEALTH DEPARTMENT'S DIRECTOR HAS THE AUTHORITY TO ADMINISTER CITY, COUNTY AND STATE LAWS WITHIN THE DEPARTMENT'S RESPECTIVE JURISDICTION. IN TURN, EACH SUCH DIRECTOR SHALL ADMINISTER STATE LAWS SUBJECT TO THE ADMINISTRATIVE SUPERVISION OF THE STATE COMMISSIONER OF HEALTH.
AS A RESULT, THE ANSWER TO YOUR QUESTION IS THAT CITY-COUNTY HEALTH DEPARTMENTS DO HAVE THE AUTHORITY TO INSPECT NURSING HOMES AS PROVIDED FOR IN THE LAWS OF THEIR RESPECTIVE COUNTY OR CITY JURISDICTION AS AUTHORIZED BY 63 O.S. 1-206. HOWEVER, THIS OPINION DOES NOT EXAMINE OR DEFINE THE EXTENT OF THE JURISDICTION THESE DEPARTMENT HAVE TO SUPERVISE NURSING HOMES PURSUANT TO COUNTY OR CITY LAWS.
WITH RESPECT TO STATE INSPECTIONS, SHOULD THE COMMISSIONER OF HEALTH REQUEST THAT THE CITY-COUNTY HEALTH DEPARTMENT ASSIST HER AGENCY IN THE INSPECTIONS OF NURSING HOMES, THE DEPARTMENTS WOULD BE UNDER THAT OBLIGATION. 63 O.S. 1-206. FURTHERMORE, SHOULD THE COMMISSIONER OF HEALTH DESIGNATE INSPECTORS FROM THE CITY-COUNTY HEALTH DEPARTMENTS AS "DULY APPOINTED REPRESENTATIVES OF THE COMMISSIONER" TO INSPECT NURSING HOMES, THE CITY-COUNTY HEALTH DEPARTMENTS WOULD BE REQUIRED TO