THE ATTORNEY GENERAL HAS RECEIVED YOUR REQUEST FOR AN OPINION ON THE FOLLOWING QUESTION:
WHETHER OR NOT THE CITY-COUNTY HEALTH DEPARTMENT HAS JURISDICTION TO INSPECT NURSING HOMES PURSUANT TO STATE STATUTES 63 O.S. 1-206 (1981) AND NURSING HOME CARE ACT, 63 O.S. 1-1901 ET SEQ.
THIS OPINION EXAMINES THE STATUTES THAT YOU HAVE CITED IN YOUR REQUEST AND DISCUSSES THE JURISDICTION OF THE CITY-COUNTY HEALTH DEPARTMENT PURSUANT TO EACH.
THERE ARE TWO ACTS AT ISSUE IN YOUR REQUEST. FIRST, ARTICLE 2 OF THE PUBLIC HEALTH CODE IS ENTITLED "LOCAL HEALTH SERVICES." 63 O.S. 1-201 ET SEQ. THIS ACT DEALS DIRECTLY WITH THE STRUCTURE AND RESPONSIBILITIES OF LOCAL HEALTH DEPARTMENTS AND SPECIFICALLY WITH CITY-COUNTY HEALTH DEPARTMENTS. SECOND, THE LEGISLATURE PROMULGATED, IN ARTICLE 19 OF THE PUBLIC HEALTH CODE, THE "NURSING HOME CARE ACT" FOUND AT 63 O.S. 1-1901 ET SEQ. THIS ACT ESTABLISHES, AMONG OTHER THINGS, THE STATE NURSING HOME LICENSING AND INSPECTION PROCEDURES AND REQUIREMENTS.
THE STATUTE YOU RAISE FIRST IN YOUR REQUEST, SECTION 1-206, PROVIDES AS FOLLOWS:
". . . A CITY-COUNTY DEPARTMENT OF HEALTH SHALL IN ITS RESPECTIVE JURISDICTION(S) . . . SUPERVISE N URSING, CONVALESCENT AND REST HOMES, AND RELATED INSTITUTIONS; ASSIST THE STATE COMMISSIONER OF HEATH IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, N PERFORM SUCH OTHER ACTS AS MAY BE REQUIRED BY THE COMMISSIONER.."
AS YOU WELL KNOW, THE PRIMARY GO A OF STATUTORY CONSTRUCTION IS TO ASCERTAIN AND FOLLOW THE INTENTION OF THE LEGISLATURE. KEDBETTER V. OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION, 764 P.2D 172 (OKLA. 1988). IN ADDITION, THE CARDINAL RULE OF STATUTORY CONSTRUCTION IS TO BEGIN WITH CONSIDERATION OF THE LANGUAGE CITED AND TO NOT READ INTO A STATUTE EXCEPTIONS NOT CREATED BY THE LEGISLATURE. A STATUTORY CONSTRUCTION MUST AVOID ABSURD RESULTS AND GIVE A RATIONAL CONSTRUCTION OF THE STATUTE WHERE POSSIBLE. ID.
THERE IS NO PLAIN LANGUAGE IN 63 O.S. 1-206 THAT REQUIRES THE CITY-COUNTY HEALTH DEPARTMENTS TO INSPECT NURSING HOMES. INSTEAD, THE PLAIN LANGUAGE PROVIDES THAT THE CITY-COUNTY HEALTH DEPARTMENTS SHALL SUPERVISE NURSING HOMES IN THEIR RESPECTIVE JURISDICTIONS. IT ALSO REQUIRES THAT THEY ASSIST THE STATE COMMISSIONER AND PERFORM SUCH ACTS AS REQUIRED BY THE COMMISSIONER.
BLACKS LAW DICTIONARY, 6TH EDITION, DEFINES "SUPERVISE" AS MEANING "TO HAVE GENERAL OVERSIGHT OVER, TO SUPERINTEND OR TO INSPECT." PURSUANT TO THIS DEFINITION ALONE, THE CITY-COUNTY HEALTH DEPARTMENTS WOULD APPEAR TO HAVE THE AUTHORITY TO INSPECT NURSING HOMES IN COMPLIANCE WITH THEIR SUPERVISORY DUTIES IN THEIR RESPECTIVE JURISDICTIONS.
TO DETERMINE THE JURISDICTION OF THE CITY-COUNTY HEALTH DEPARTMENT, 63 O.S. 1-214 MUST BE EXAMINED. 63 O.S. 1-214 DESCRIBES THE DUTIES OF THE CITY-COUNTY HEALTH DEPARTMENT AS FOLLOWS:
"SUCH CITY-COUNTY HEALTH DEPARTMENT SHALL, UNDER THE SUPERVISION OF THE DIRECTOR, ENFORCE AND ADMINISTER ALL MUNICIPAL AND COUNTY ORDINANCES, RULES AND REGULATIONS, AND ALL STATE LAWS, AND RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH PERTAINING TO PUBLIC HEALTH MATTERS IN THE JURISDICTION WHERE IT IS CREATED. OR IN ANY AREA WHERE IT HAS JURISDICTION TO OPERATE BY AGREEMENT." 63 O.S. 1-214(D) (EMPHASIS ADDED). CONSEQUENTLY, THE JURISDICTION