reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-872. Definitions.

As used in the Adult Day Care Act:
1. "Adult day care center" or "center" means a facility which provides basic day care services to unrelated impaired adults for more than four (4) hours in a twenty-four-hour period. A center shall be a distinct entity, either freestanding or a separate program of a larger organization. A center shall have a separately verifiable staff, space, budget and participant record system. The terms "adult day care center" or "center" shall not include retirement centers and senior citizen centers;
2. "Basic day care services" means supervised health, social supportive, and recreational services in a structured daytime program which serves functionally impaired adults who continue to live in their own homes, usually with the aid of family care givers;
3. "Department" means the State Department of Health; and
4. "Participant" means any person attending an adult day care center.
Added by Laws 1989, c. 192, § 3, eff. Nov. 1, 1989. Amended by Laws 1996, c. 104, § 1, eff. Nov. 1, 1996; Laws 1998, c. 319, § 1, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-873. Licensure requirements and standards - Centers required to be licensed.

A. The State Commissioner of Health, with the advice of the Long-Term Care Facility Advisory Board, created pursuant to Section 1-1923 of this title, shall define minimum adult day care licensure requirements and rules including standards for:
1. Health and social services which may be provided to participants;
2. The range of services to be provided by a center based on the type of participants to be served;
3. Staff to participant ratios;
4. Staff and volunteer qualifications;
5. Staff training;
6. Food services;
7. Participant records and care plans;
8. Antidiscrimination policies;
9. Sanitary and fire standards; and
10. Any other requirements necessary to ensure the safety and well-being of frail elderly and disabled adults.
B. Centers to be licensed shall include all adult day care centers. Sheltered workshops and senior recreational centers which do not receive participant fees for services are not required to be licensed. It shall be unlawful to operate a center without first obtaining a license for such operation as required by the Adult Day Care Act, regardless of other licenses held by the operator. Organizations operating more than one center shall obtain a license for each site.
C. The license for operation of a center shall be issued by the State Department of Health. The license shall:
1. Not be transferable or assignable;
2. Be posted in a conspicuous place on the licensed premises;
3. Be issued only for the premises named in the application; and
4. Expire thirty-six (36) months from the date of issuance, provided an initial license shall expire one hundred eighty (180) days after the date of issuance. Licenses may be issued for a period of more than twelve (12) months, but not more than thirty-six (36) months, for the licensing period immediately following November 1, 2021, in order to permit an equitable distribution of license expiration dates to all months of the year.
D. A center shall meet the safety, sanitation and food service standards of the State Department of Health.
E. Local health, fire and building codes relating to adult day care centers shall be classified as an education use group.
F. The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the State Department of Health of its power to subsequently revoke the license or take other enforcement action for any violations of the Adult Day Care Act committed prior to issuance or renewal of the license.
Added by Laws 1989, c. 192, § 4, eff. Nov. 1, 1989. Amended by Laws 1996, c. 104, § 2, eff. Nov. 1, 1996; Laws 2000, c. 48, § 1, emerg. eff. April 14, 2000; Laws 2011, c. 105, § 34, eff. Nov. 1, 2011; Laws 2021, c. 94, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-874. Application for license - Renewal - Proof of compliance with law.

A. An applicant for a license to operate an adult day care center must file an application on a form approved by the State Department of Health and pay an initial license fee which shall be determined by the Department.
B. Applications for license renewal must be filed at least forty-five (45) days before the expiration date of the current license on a form approved by the Department and a license renewal fee must be paid which shall be determined by the Department. The license renewal fee shall be Seventy-five Dollars ($75.00) per year of licensure. Revenue generated by the collection of license fees shall be deposited into the Department revolving fund and shall be used to help finance the costs associated with the licensing of such center.
C. The applicant must provide evidence of compliance with the requirements of all applicable federal, state and local laws and regulations. In addition to other requirements, an applicant shall provide a statement of ownership and a financial statement.
Added by Laws 1989, c. 192, § 8, eff. Nov. 1, 1989. Amended by Laws 2021, c. 94, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-875. Inspection by State Department of Health.

The State Department of Health shall at least annually and whenever it deems necessary inspect each adult day care center to determine compliance with the Adult Day Care Act and rules and regulations promulgated thereto.
Any licensee or applicant for a license shall be deemed to have given consent to any duly authorized employee or agent of the Department to inspect and enter the home in accordance with the Adult Day Care Act or rules promulgated thereto. Refusal to permit such entry or inspection may constitute grounds for the denial, nonrenewal, suspension or revocation of a license.
Added by Laws 1989, c. 192, § 6, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-876. Denial, suspension, non-renewal or revocation of license - notice - Hearing - Reinstatement of suspended license.

A. The State Department of Health may deny, suspend, deny renewal or revoke the license of an applicant or a licensed adult day care center which fails to comply with the licensing requirements and rules and regulations specified by the provisions of the Adult Day Care Act.
B. The Department shall give a center thirty (30) days' written notice that its license is to be suspended or revoked, and shall take action at the end of that time if the center is still out of compliance. However, if the health and safety of participants is threatened, the suspension or revocation shall be effective immediately, and the center closed.
C. Holders of suspended or revoked licenses shall be entitled to a hearing before Department licensure officials if requested within ten (10) days of their notification. The hearing shall be held at least ten (10) days before final action is taken and conducted pursuant to the Administrative Procedures Act.
D. Suspended licenses may be reinstated if deficiencies are corrected within a time frame established by the Department.
Added by Laws 1989, c. 192, § 7, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-877. Discontinuance of operation of a center - Notification of participants and Department - Surrender of license.

A. If an adult day care center ceases operations, the center shall notify the participants in writing of its intention to do so at least thirty (30) days prior to the effective date of closure unless the Department has ordered immediate closure, which would require immediate participant notification. If ceasing operations for any reason other than license revocation, the center shall also notify the Department of its intention to do so at least thirty (30) days prior to the effective date of closure.
B. Immediately upon discontinuance of operations of a center, the owner-operator shall surrender the license to the Department and the license shall be canceled.
Added by Laws 1989, c. 192, § 8, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-879.2. Alzheimer's Research Advisory Council - Powers, duties and responsibilities.

The Alzheimer's Research Advisory Council shall:
1. Provide advice and make recommendations to the State Department of Health and other state agencies regarding Alzheimer's and related dementia issues and/or programs funded or coordinated by, but not limited to, the Department of Mental Health and Substance Abuse Services, the Department of Human Services, the State Department of Health, and the Department of Veterans Affairs;
2. Develop a plan for research relating to Alzheimer's disease and related dementias that addresses and interfaces with existing plans and requires involvement by one or more state agencies;
3. Examine the continuation and possible expansion of services provided through the existing autopsy network currently in operation at the Oklahoma Medical Research Foundation and the University of Oklahoma College of Medicine and provide specific recommendations including funding alternatives to the State Department of Health, no later than March 1, 1991;
4. Review the need for a statewide voluntary registry in order to conduct epidemiology studies for health planning and research purposes;
5. Recommend specific innovation service delivery models that address the unique needs of multi-cultural populations, including but not limited to ethnic sensitive practices, and culturally relevant programming; and
6. Submit before November 1 of each year to the State Department of Health, the Governor and the Oklahoma State Legislature a report, with copies to appropriate state agencies, summarizing the activities of the Alzheimer's Advisory Research Council for the past year and indicating short-term and long-term plans and recommendations for the coming years.
Added by Laws 1990, c. 207, § 2, operative July 1, 1990.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-879.2a. Short title - Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act.

This act shall be known and may be cited as the "Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act".
Added by Laws 1998, c. 147, § 1, eff. Nov. 1, 1998. Amended by Laws 2021, c. 546, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-879.2b. Definitions.

As used in the Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act:
1. "Special care" means care that is provided to persons with a diagnosis of probable Alzheimer's dementia or other forms of dementia by an entity that provides such care;
2. "Department" means the State Department of Health;
3. "Dementia" means the impaired ability to remember, think, or make decisions that interferes with a person's everyday activities; and
4. "Alzheimer-Dementia Disclosure Act Advisory Council" shall mean the advisory council created in Section 3 of this act.
Added by Laws 1998, c. 147, § 2, eff. Nov. 1, 1998. Amended by Laws 2021, c. 546, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-879.3. Core Neuropathology Laboratory.

A. The State Department of Health shall contract with the University of Oklahoma Health Sciences Center, if authorized by the University of Oklahoma Board of Regents, for the development and enhancement of a Core Neuropathology Laboratory.
B. The Core Neuropathology Laboratory shall be:
1. equipped with sufficient state-of-the-art equipment and adequate personnel to allow quality diagnosis and efficient handling of the autopsy specimens; and
2. provided supplies for diagnostic studies for educational programs and for service to the public.
Added by Laws 1990, c. 207, § 3, operative July 1, 1990.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.2. Public policy - Purpose.

The Legislature hereby declares that it is the public policy of the State of Oklahoma that the offering and development of psychiatric and drug dependency services should be made in a planned, orderly and economical manner consistent with and appropriate to services needed by people in various regions, districts or localities in the State of Oklahoma, and that it is essential to the realization of this public policy that the offering and development of such services in this state be made in accordance with the needs for such services. It is the purpose of the Legislature in enacting this act to further this public policy by providing for the submittal of plans and applications, and by prohibiting the offering, development or change of existing services prior to the issuance of a certificate of need by the State Department of Health.
Added by Laws 1989, c. 227, § 19.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.3. Definitions.

For purposes of this act:
1. "Act" means the Psychiatric and Chemical Dependency Facility Certificate of Need Act;
2. "Board" means the State Board of Health;
3. "Commissioner" means the Commissioner of Health; and
4. "Department" means the State Department of Health.
Added by Laws 1989, c. 227, § 20.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.5. Certificate of need required.

Except as otherwise provided by Section 1-880.6 of this title, no psychiatric or chemical dependency facility or unit shall be developed or offered unless a certificate of need therefor has been issued. No governmental entity shall approve any grant of funds, issue any debentures or issue or renew any license for the operation of a facility, nor shall any third-party purchasers, licensed or operated by this state, issue reimbursement for services provided to its insurers or clients, unless the certificate of need as provided in this act has been obtained.
Added by Laws 1989, c. 227, § 22. Amended by Laws 1991, c. 241, § 2, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.8. Appeal of final determination.

Any final determination by the State Department of Health under this act may be appealed by the applicant, or any other aggrieved party under the Administrative Procedures Act, Sections 301 through 326 of Title 75 of the Oklahoma Statutes; provided, that the venue for such appeal shall be in Oklahoma County or in the county in which the facility at issue in the application is located. The decision of the Department shall be upheld by the court unless it is arbitrary or capricious or is not in accordance with applicable law.
Added by Laws 1989, c. 227, § 25. Amended by Laws 1994, c. 48, § 3, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.9. Term of validity of certificate - Time for submitting plans and specifications - Time for construction or modification of structure - Time for acquisition - Effective dates of deadlines.

A. A certificate of need issued pursuant to the provisions of this act for the construction or establishment of a new psychiatric or chemical dependency service or the expansion or change of an existing service shall be valid for a period of six (6) months during which time the applicant shall submit to the State Department of Health the plans and specifications for the facility to be constructed or modified; however, the Department may extend such time by a period not to exceed six (6) months for extraordinary circumstances beyond the control of the applicant. If no such plans and specifications are submitted and approved within the time required by this section, then such certificate shall be null and void. If plans and specifications are submitted, the Department shall approve or disapprove such plans and specifications within forty-five (45) business days of the filing or such plans and specifications shall be presumed to be approved. If the Department disapproves the plans and specifications, such disapproval shall include a detailed statement of the corrections needed. The holder of the certificate must resubmit corrected plans and specifications within forty-five (45) business days of disapproval. Failure to resubmit shall render the certificate void. The applicant must begin construction or modification of the structure within two (2) months following the approval of the plans and specifications and must proceed to complete the structure or modifications within twelve (12) months of the approval or the certificate will be canceled. However, the Department may extend such completion day by a period not to exceed six (6) months for good cause, provided that such extension shall not apply to an applicant who has been previously granted a six (6) months' extension for completion of plans and specifications.
B. A certificate of need issued pursuant to the provisions of this act for the acquisition of a psychiatric or chemical dependency facility shall be valid for a period of six (6) months by which time the acquisition must be finalized, provided that the Department may extend such final date by a period not to exceed three (3) months for good cause.
C. Pending the appeal of an order granting a certificate of need in the district or Supreme Court, the effective dates of deadlines for submitting plans, filing reports, completion of the project and other requirements related to such project shall commence on the date of a final judicial determination of any such appeal, and any certificate of need which has been approved by the Department shall remain in effect pending such appeal. The effective date of the issuance of a certificate of need shall be the date of a final judicial determination of any such appeal. The provisions of this subsection shall have prospective and retrospective application.
Added by Laws 1989, c. 227, § 26.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.10. Decision granting or denying certificate of need for psychiatric or chemical dependency facility - Written findings of fact, conclusions of law and explanations required.

The State Department of Health is hereby directed, with respect to any decision granting or denying a certificate of need for a new psychiatric or chemical dependency facility, to issue in writing findings of fact, conclusions of law, and explanations of any other pertinent considerations, including precedents, upon which such decision is based. The Department shall be allowed forty-five (45) days within which to issue a formal order and opinion to the applicant and any parties opposed to the application after the conclusion of the hearing, or after the submission of additional evidence or briefs requested by the Department.
Added by Laws 1989, c. 227, § 27.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-880.11. Violations - Penalties.

Any person who offers or develops or begins to offer or develop a psychiatric or chemical dependency facility or an addition thereto without having first obtained a certificate of need, as provided by this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable by payment of a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00). If the State Department of Health, through one of its agents or representatives, notifies in writing, through certified mail, return receipt requested, the person who has unlawfully commenced the offering or development of a psychiatric or chemical dependency facility to cease and desist, then each day that such person continues such offering or development shall be a separate offense. If any person continues to offer or develop such service after the issuance of a cease and desist order, the Department shall seek an injunction to prohibit the continued offering or development.
Added by Laws 1989, c. 227, § 28.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-890.2. Definitions.

As used in the Continuum of Care and Assisted Living Act:
1. "Assisted living center" means any home or establishment offering, coordinating or providing services to two or more persons who:
a.
are domiciled therein,
b.
are unrelated to the operator,
c.
by choice or functional impairments, need assistance with personal care or nursing supervision,
d.
may need intermittent or unscheduled nursing care,
e.
may need medication assistance, and
f.
may need assistance with transfer and/or ambulation;
2. "Board" means the State Board of Health;
3. "Commissioner" means the Commissioner of Health;
4. "Continuum of care facility" means a home, establishment or institution providing nursing facility services as defined in Section 1-1902 of this title and one or both of the following:
a.
assisted living center services as defined in the Continuum of Care and Assisted Living Act, and
b.
adult day care center services as defined in Section 1-872 of this title; and
5. “Department” means the State Department of Health.
Added by Laws 1997, c. 223, § 2, emerg. eff. May 20, 1997. Amended by Laws 2007, c. 347, § 1, eff. Nov. 1, 2007; Laws 2009, c. 53, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-890.4. Application to establish or license a continuum of care facility or assisted living center.

A. Each application for establishment of a continuum of care facility or assisted living center shall be accompanied by a nonrefundable application fee. The State Commissioner of Health shall develop a sliding fee scale not to exceed One Thousand Dollars ($1,000.00) for each application, except that any facility operated by the Oklahoma Department of Veterans Affairs shall be exempt from the fee. The scale shall be based upon the bed capacity of the continuum of care facilities or assisted living centers.
B. Each application for an initial license, or renewal of the license, to operate a continuum of care facility or assisted living center shall be accompanied by a license fee. The initial license fee shall be Ten Dollars ($10.00) for each bed included in the maximum bed capacity at such facility or center and the renewal license fee shall be Ten Dollars ($10.00) for each bed included in the maximum bed capacity at such facility or center, per year of licensure, except that any facility operated by the Oklahoma Department of Veterans Affairs shall be exempt from these fees. Each application for an initial or renewal license for a continuum of care facility that includes an adult day care component shall be accompanied by an additional license fee in an amount to be determined by the Commissioner, but not to exceed Seventy-five Dollars ($75.00) per year of licensure, except that any facility operated by the Oklahoma Department of Veterans Affairs shall be exempt from the fee.
C. Each application to establish or license a continuum of care facility or assisted living center shall be on a form approved by the Commissioner to include, but not be limited to, the following:
1. Disclosure of the applicant’s identity and background in the operation of continuum of care and assisted living services; and
2. Evidence of the adequacy of the applicant’s financial resources and ability to ensure adequate staffing.
D. The renewal license shall expire three (3) years from the date of issuance. An initial license shall expire one hundred eighty (180) days after the date of issuance. Renewal licenses may be issued for a period of more than twelve (12) months, but not more than thirty-six (36) months, for the license period immediately following November 1, 2021, in order to permit an equitable distribution of license expiration dates.
Added by Laws 1997, c. 223, § 4, emerg. eff. May 20, 1997. Amended by Laws 1998, c. 31, § 1, eff. July 1, 1998; Laws 2013, c. 183, § 2, emerg. eff. April 29, 2013; Laws 2021, c. 94, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-890.5. License required.

No person shall establish, operate or maintain a continuum of care facility or assisted living center, or use in its name, logo, contracts, or literature the phrase "continuum of care facility" or "assisted living", nor imply that it is a continuum of care facility or assisted living center, nor hold itself out to be a continuum of care facility or assisted living center, unless that person first obtains a license as required by the Continuum of Care and Assisted Living Act.
Added by Laws 1997, c. 223, § 5, emerg. eff. May 20, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-894. Quality of care fees – Assessment upon repeal of federal requirements.

Upon repeal of a United States Congress or federal Health Care Financing Administration requirement to assess a quality of care fee, upon all licensed nursing home beds, such fee shall only be assessed upon nursing facilities that have a Medicaid contract with the state.
Added by Laws 2000, c. 340, § 25, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-895. Informal dispute resolution panel.

A. Upon written request to the State Department of Health, an assisted living center as defined in the Continuum of Care and Assisted Living Act may choose to participate in an informal dispute resolution panel to be offered by the State Department of Health as an alternative to the informal dispute resolution process outlined in Sections 1-1914.3 through 1-1914.10 and Sections 1-1914.13 through 1-1914.16 of Title 63 of the Oklahoma Statutes.
B. The State Department of Health shall appoint the informal dispute resolution panel, to be comprised of the following impartial members:
1. A licensed administrator currently working in the assisted living industry;
2. A health professional currently working in an assisted living center;
3. Two representatives from the aging and disabled community who do not represent a state agency; and
4. A representative from the State Department of Health with experience in assisted living center surveys.
Added by Laws 2013, c. 50, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-901. Definitions.

A. "Bottled water" means any water, including water to which chemicals or other substances may have been added, which is placed in bottles or other containers to be sold or offered for sale for drinking, culinary or other domestic purposes involving a likelihood of the water being ingested by human beings.
B. "Bottled water plant" means any place, premises, or structure, including water supply, facilities and equipment, used in the treatment or processing of the water or the filling of containers in the preparation of bottled water.
Added by Laws 1963, c. 325, art. 9, § 901, operative July 1, 1993. Amended by Laws 1993, c. 145, § 309, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-915. Bottled water - Plants - Sale or distribution - Permits required.

Any person desiring to operate a bottled water plant, or to sell or distribute bottled water, in Oklahoma shall make application to the State Commissioner of Health for a permit, and obtain a valid permit prior to the operation of the bottled water plant or the distribution and sale of bottled water. Application for such permit shall be on a form supplied by the Commissioner and shall contain such information as the Commissioner deems necessary to his determination that the operation of the bottled water plant or sale of bottled water will in no manner be injurious or hazardous to the health or safety of the people of the state. Each application for a permit and permit renewal shall be accompanied by the proper fee in the amount specified in the following section. The fee paid and permit issued shall be for the particular bottled water plant to be operated and shall not be transferred to another person or location.
Laws 1963, c. 325, art. 9, § 915, operative July 1, 1963.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-916. Fees for permits.

The fee for the issuance of a permit, and for each renewal of such permit, to operate a bottled water plant shall be Twenty-five Dollars ($25.00). All permits and permit renewals shall expire on June 30 of each year following the date of issue.
Laws 1963, c. 325, art. 9, § 916, operative July 1, 1963.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-917. Standards for bottled water plants.

All bottled water plants shall comply with the following standards of sanitation and safety:
(1) The source of water supply shall be structurally protected to prevent contamination and shall provide such treatment as necessary to insure the water to be bacteriologically and chemically safe for drinking purposes.
(2) The bottled water plant shall be maintained in a clean and sanitary condition and shall be in good repair and of such construction that will facilitate maintenance in a sanitary condition. Rooms used for bottling and bottle washing shall be well lighted and adequately ventilated. All necessary precautions shall be taken to protect against the entrance of rodents and insects.
(3) All bottles and containers shall be thoroughly cleaned and given approved bactericidal treatment prior to filling. Facilities and methods of filing bottles or containers shall be such as to minimize the possibility of contamination.
(4) Adequate and convenient handwashing and toilet facilities shall be provided and maintained in a sanitary condition.
(5) All bottles or containers shall be plainly labeled as to contents and shall show the name and address of the bottled water plant. No medicinal claims or misleading information shall be permitted on the label.
Laws 1963, c. 325, art. 9, § 917, operative July 1, 1963.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-918. Standards, rules and regulations.

The State Board of Health shall formulate, and after public hearing adopt reasonable rules and regulations establishing minimum standards of compliance for carrying out the provisions of the preceding section, and such additional rules and regulations as it deems necessary to protect the health and safety of the public in the sale of bottled water.
Laws 1963, c. 325, art. 9, § 918.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.2. Application of act - Exceptions.

The Oklahoma Bedding Regulation Act shall apply to all persons engaged in the business of manufacturing, repairing, renovating, germicidally treating, leasing, selling or offering to sell items of bedding. The Oklahoma Bedding Regulation Act shall not apply to:
1. Individuals who make, repair, renovate, or germicidally treat bedding for their own personal use;
2. An individual or individuals, not a corporation, who make, repair, renovate or sanitize quilts, comforters or pillow covers, including decorative pillows; or
3. Any person who offers for sale or sells goods, wares or merchandise to the highest bidder or offers for sale or sells goods, wares or merchandise at a high price and then offers the same at successive lower prices until a buyer is secured.
Added by Laws 1996, c. 51, § 2, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.3. Definitions.

As used in the Oklahoma Bedding Regulation Act:
1. "Bedding" means any mattress, upholstered spring, sleeping bag, pad, comforter, cushion, pillow and any other item used principally for sleeping. The term "bedding" also includes dual purpose furniture such as studio couches, futons and sofa beds;
2. "Mattress" includes padding or cushioning material which is used in conjunction with water bed liners, bladders or cylinders, but does not include water bed liners, bladders or cylinders;
3. "Itinerant vendor" means a person who sells bedding from a movable conveyance;
4. "Manufacture" means the making of bedding out of new or recycled materials;
5. "New material" means any material or article that has not been used for any other purpose;
6. "Previously used material" means any material which previously has been used for any purpose other than for the manufacture of bedding;
7. "Recycled material" means materials which have previously been used for purposes other than as a component of bedding or bedding materials, and which can be used, after processing, for bedding materials. Such processing shall result in a sanitary material which can be used safely as a bedding material without the germicidal treatment used for secondhand materials. Properly recycled materials shall be considered new materials;
8. "Renovate" means the reworking or remaking of used bedding or the making of bedding from previously used materials;
9. "Sanitize" means germicidal treatment of secondhand bedding or previously used materials to be used in renovating for the destruction of pathogenic microorganisms and arthropods and the removal of dirt and filth;
10. "Secondhand bedding" means any bedding of which prior use has been made as bedding;
11. "Sell" or "sold" means to sell, offer to sell, give away in connection with a sale, a sale's promotion or sale by consignment; or possess with intent to sell, deliver or consign in sale; and
12. "Commissioner" means the Commissioner of Health.
Added by Laws 1996, c. 51, § 3, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.4. Unlawful actions.

Unless otherwise provided by law, it shall be unlawful to:
1. Sell, lease, manufacture, renovate or repair bedding without the proper permit from the Commissioner;
2. Manufacture, sell or deliver, lease, hold or offer for sale any bedding or bedding material unless it is labeled in accordance with rules promulgated pursuant to the provisions of the Oklahoma Bedding Regulation Act;
3. Alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling of, or the doing of any other act with respect to, bedding or bedding materials, if such act is done while such article is held for sale and results in such article being mislabeled or unlabeled;
4. Distribute or knowingly receive in commerce any bedding, or bedding material, that is mislabeled, unlabeled or has been manufactured, renovated, held or transported under unsanitary conditions;
5. Disseminate any false or misleading advertisement;
6. Refuse to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 8 of this act;
7. Remove or dispose of a detained or embargoed article in violation of Section 6 of this act;
8. Forge, counterfeit, simulate, or falsely represent, or without proper authority use any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of the Oklahoma Bedding Regulation Act;
9. Sell or lease any renovated bedding or secondhand bedding, or any portions thereof, unless it is sanitized and labeled in accordance with rules promulgated pursuant to the provisions of the Oklahoma Bedding Regulation Act;
10. Renovate into bedding or bedding material any discarded materials obtained from dump grounds, junk yards, or hospitals within or without the State of Oklahoma; and
11. Remove or dispose of any detained or embargoed article by sale or otherwise without such permission.
Added by Laws 1996, c. 51, § 4, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.5. Promulgation of rules.

The State Board of Health shall promulgate rules for:
1. Examinations of bedding manufactured, renovated, held, leased, sold or offered for sale in Oklahoma;
2. The disposal of bedding determined to be unsafe for human use;
3. The label requirements on bedding and bedding materials;
4. The sanitation of renovated or secondhand bedding, or bedding materials;
5. The sanitation standards for facilities or vehicles where bedding or bedding materials are manufactured, renovated, held, leased, transported, sold or offered for sale in Oklahoma;
6. The defining of categories and limitations of bedding permits;
7. The establishment of an annual permit fee;
8. Reporting requirements which may include bedding article registration fees;
9. The procedure to apply for or renew a bedding permit; and
10. Prescribing means, methods and practices to implement the provisions of the Oklahoma Bedding Regulation Act.
Added by Laws 1996, c. 51, § 5, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.7. Permits.

A. Each person engaged in the business of selling, leasing, manufacturing, renovating or repairing any bedding shall have obtained an annual permit from the Commissioner to sell or lease bedding, or an annual permit from the Commissioner to manufacture, renovate or repair bedding. Each person shall pay for such permit a fee to be fixed by the State Board of Health. Unless otherwise provided by rule by the Board, each such permit shall expire on the 30th day of June following its issuance. It is the intent of the Legislature that any fees authorized by this section shall not exceed the fees in effect on January 1, 1995, for the regulation of bedding and bedding materials.
B. Each person who sells renovated or secondhand bedding or bedding materials on a consignment basis as an auctioneer, itinerant vendor or broker shall obtain a permit under subsection A of this section. The renovated or secondhand bedding or bedding materials shall be sanitized by a person who holds a permit pursuant to subsection C of this section before it is sold to the public. The provisions of this section shall not apply to the sale of bedding at a private sale by a person not in the business of selling bedding or to an auctioneer at private auction at the individual's residence.
C. 1. No person shall be considered to have qualified to apply an acceptable sanitization process until such process has been registered with the Commissioner and determined to be in compliance with the rules, after which a permit shall then be issued by the Commissioner which indicates an approved sanitization process. Every person to whom a permit has been issued shall keep such permit conspicuously posted on the premises of his place of business.
2. Holders of permits to apply a sanitization process shall be required to keep an accurate record of all materials which have been subjected to a sanitization process, including the source of the material, the date of treatment, the type and time of treatment, and the label identification number, and such records shall be available for inspection at any reasonable time by authorized representatives of the Commissioner. Such records shall be maintained for a period of time to be adopted by rule by the Board.
D. Pursuant to the Oklahoma Administrative Procedures Act:
1. The Commissioner shall suspend or revoke or may refuse to issue or renew any permit issued in accordance with the Oklahoma Bedding Regulation Act upon proof of violation of any of the provisions of the Oklahoma Bedding Regulation Act, or any rule promulgated thereto; and
2. Any person whose permit has been revoked shall be ineligible for a bedding permit for one (1) year. An application for a permit to sell, lease, manufacture, repair or renovate bedding or bedding material by such person following the one-year revocation shall be subject to provisions as set forth in an initial permit.
Added by Laws 1996, c. 51, § 7, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1001.8. Inspections.

A. The Commissioner or duly authorized agent shall have access at all reasonable hours to any factory, warehouse, wholesale or retail establishment in which bedding or bedding material is manufactured, processed, packed, sold, leased or held for introduction into commerce, or to enter any vehicle being used to transport, sell, lease or hold such bedding or bedding material in commerce, for the purpose:
1. Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this article are being violated; and
2. To secure samples or specimens of any bedding or bedding material after paying or offering to pay for such sample.
B. It shall be the duty of the Commissioner to make or cause to be made examination of samples secured under the provisions of this section to determine whether or not any provision of the Oklahoma Bedding Regulation Act, or any rule promulgated under the provisions of the Oklahoma Bedding Regulation Act, is being violated.
Added by Laws 1996, c. 51, § 8, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1002.1. Short title.

This act shall be known and may be cited as the "Whitney Starks Act".
Added by Laws 1998, c. 102, § 1, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.1 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1002.2. Requirements for retailers of bunk beds.

Retailers of bunk beds shall comply with the following requirements:
1. Each set of bunk beds must be posted with an indelible warning which conforms with American Society for Testing and Materials International or U.S. Consumer Product Safety Commission Standards; and
2. No retailer shall sell a set of bunk beds which does not limit the space between the lower edge of the guard rail and the upper edge of the bed frame of the upper bunk bed to three and one-half (3 1/2) inches or less.
Added by Laws 1998, c. 102, § 2, eff. July 1, 1998. Amended by Laws 2023, c. 83, § 1, eff. Nov. 1, 2023.
NOTE: Editorially renumbered from § 1-0002.2 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1002.3. Fines.

Any retailer violating the provisions of paragraph 1 or 2 of Section 2 of this act shall be subject to an administrative fine by the State Department of Health of not more than Five Hundred Dollars ($500.00) per violation. Each set of bunk beds sold which does not conform to the provisions of paragraph 1 or 2 of Section 2 of this act shall be considered a violation. The monies from the administrative fine shall be collected by the Department and deposited in the Public Health Special Fund pursuant to Section 1-107 of Title 63 of the Oklahoma Statutes.
Added by Laws 1998, c. 102, § 3, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.3 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1002.4. Application of act.

The provisions of the Whitney Starks Act shall apply to any bunk bed sold on or after November 1, 1998.
Added by Laws 1998, c. 102, § 4, eff. July 1, 1998.
NOTE: Editorially renumbered from § 1-0002.4 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1011. Health nuisances - Removal - Collection of cost of removal.

(a) The local health officer and, if authorized by appropriate ordinance of the city, the city health officer shall have such authority as to any private premises within the corporate limits of the city, and shall have the authority to order the owner or occupant of any private premises in the county to remove from such premises, at his own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within twenty-four (24) hours, or within such other time as might be reasonable, and a failure to do so shall constitute a misdemeanor. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, or a copy thereof may be left at the last usual place of abode of such owner, occupant or agent, if known and within the state. If the premises are unoccupied and the residence of such owner, occupant or agent is unknown, or is without the state, such order may be served by posting a copy thereof on the premises, or by publication in at least one issue of a newspaper having a general circulation in the county. In the event of any conflict between the city health officer and the local health officer of the county, the county shall prevail.
(b) If such order is not complied with, the local health officer of the county or of the city may cause the order to be executed and complied with, and the cost thereof shall be certified to the county clerk, who shall add the same to the ad valorem taxes assessed against the property, and such cost shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the local health officer, county or city, or successor thereof, issuing the order, for reimbursement of the funds used to pay such cost.
(c) Cities and towns may enact ordinances providing for proceedings similar to those authorized by the foregoing provisions of this section, by city and town officials, and the cost of removing or abating any such nuisances may be added to municipal utility bills and collected in the same manner as such bills.
Laws 1963, c. 325, art. 10, § 1011; Laws 1968, c. 298, § 1, emerg. eff. May 3, 1968.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1013. Definition of public bathing place.

The term "public bathing place," as used in the following sections of this article, includes all entirely artificially constructed wading pools, swimming pools, bathhouses used collectively by a number of persons for wading, swimming, recreative, or therapeutic bathing, together with all sanitary facilities, bathing suits, buildings, equipment, and appurtenances pertaining to such bathing places; provided, that such term shall not apply to those public or semipublic baths where the main object is the external cleansing of the body, to bathing places maintained by an individual for the use of family and friends, or to bathing places owned or managed by a group or association of the owners of thirty or fewer homes, the use of which is limited to the homeowner group and their nonpaying guests. The term “public bathing place” does not include spray pads or spray grounds. As used in this section, “spray pads or spray grounds” mean interactive recreation areas intended for use by children in which the water is supplied by a system of sprays and is not allowed to accumulate above ground.
Added by Laws 1963, c. 325, art. 10, § 1013, operative July 1, 1963. Amended by Laws 1995, c. 54, § 1, eff. July 1, 1995; Laws 2010, c. 382, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1013.1. Annual license for public bathing places – Fees.

No person, municipality, as defined by paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes, or entity shall engage in or continue the operation of a public bathing place, as defined by Section 1-1013 of Title 63 of the Oklahoma Statutes, until an annual license has been obtained from the State Commissioner of Health for each such public bathing place. Each such operator shall pay an annual fee for such license to be fixed by the State Board of Health. Unless otherwise provided by rules promulgated by the Board, each such license shall expire one (1) year following the date of issue. No such license shall be transferable, and application for such license shall be made upon forms prescribed by the Commissioner. Each application for such license shall be accompanied by the applicant’s certification that the public bathing place for which the license is sought is in compliance with the provisions of Section 1-1017 of Title 63 of the Oklahoma Statutes, and no license shall be issued or renewed for such public bathing place until after such certification of compliance has been received by the Commissioner. Provided, municipalities of five thousand (5,000) population or less, shall not be charged more than Fifty Dollars ($50.00) for such fee.
Added by Laws 2004, c. 420, § 2, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1013.2. Revocation of public bathing place license.

The State Commissioner of Health may suspend or revoke a public bathing place license on any of the following grounds:
1. Violation of any of the provisions of this act or State Board of Health rules promulgated pursuant thereto;
2. Permitting, aiding or abetting the commission of any illegal act in or on the premises of the licensed public bathing place; or
3. Conduct or practices by the owner, management or any employee of the public bathing place deemed by the Commissioner to be detrimental to the health, safety or welfare of any person.
Added by Laws 2004, c. 420, § 3, eff. Nov. 1, 2004.