Bill Text For HB1014 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 1014                        By: Roe of the House              |
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  |                                         and                           |
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  |                                         Simpson of the Senate         |
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 7|       An Act relating to public health; amending 63 O.S.              |
  |       2011, Section 1-502.2, as amended by Section 1,                 |
 8|       Chapter 118, O.S.L. 2020 (63 O.S. Supp. 2020, Section           |
  |       1-502.2), which relates to confidentiality of certain           |
 9|       information; including certain records; excluding               |
  |       information and records held by certain entities;               |
10|       removing reference; requiring release of certain                |
  |       information in accordance with federal law; removing            |
11|       certain identification requirements; updating                   |
  |       reference; amending 63 O.S. 2011, Section 1-507,                |
12|       which relates to schools and the attendance of                  |
  |       diseased pupils; including people suspected of having           |
13|       a communicable disease; transferring responsibility             |
  |       from teachers to schools; updating                              |
14|       permission-granting entities; and declaring an                  |
  |       emergency.                                                      |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     63 O.S. 2011, Section 1-502.2, as    |
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20|amended by Section 1, Chapter 118, O.S.L. 2020 (63 O.S. Supp. 2020,    |
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21|Section 1-502.2), is amended to read as follows:                       |
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22|    Section 1-502.2  A.  Unless otherwise provided by law, all         |
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23|information and records created, received, investigated, held, or      |
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24|maintained by the State Department of Health, concerning any person    |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 1
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 1|who has participated in a public health investigation or who may       |
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 2|have any communicable or noncommunicable disease which is required     |
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 3|to be reported pursuant to Sections 1-501 through 1-532.1 of this      |
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 4|title or information and records of any disease which are held or      |
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 5|maintained by any state agency, health care provider or facility,      |
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 6|physician, health professional, laboratory, clinic, blood bank,        |
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 7|funeral director, third-party payor, or any other agency, person, or   |
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 8|organization in the state, shall be confidential.  Any information     |
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 9|obtained pursuant to the requirements of Sections 1-501 through        |
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10|1-532.1 of this title records of the Department and shall not be       |
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11|required to be produced pursuant to the Oklahoma Open Records Act.     |
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12|Any information authorized to be released pursuant to paragraphs 1     |
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13|through 8 of this subsection shall be released in such a way that no   |
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14|person can be identified unless otherwise provided for in such         |
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15|paragraph or by law.  Such information shall not be released except    |
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16|under the following circumstances:                                     |
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17|    1.  Release is made upon court order;                              |
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18|    2.  Release is made in writing, by or with the written consent     |
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19|of the person whose information is being kept confidential or with     |
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20|the written consent of the legal guardian or legal custodian of such   |
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21|person, or if such person is a minor, with the written consent of      |
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22|the parent or legal guardian of such minor;                            |
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23|    3.  Release is necessary as determined by the State Department     |
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24|of Health to protect the health and well-being of the general public   |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 2
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 1|and such release is authorized or required under and released in       |
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 2|accordance with the Health Insurance Portability and Accountability    |
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 3|Act of 1996.  Any such order for release by the Department and any     |
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 4|review of such order shall be in accordance with the procedures        |
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 5|specified in Sections 309 through 323 of Title 75 of the Oklahoma      |
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 6|Statutes.  Only the initials of the person whose information is        |
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 7|being kept confidential shall be on public record for such             |
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 8|proceedings unless the order by the Department specifies the release   |
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 9|of the name of such person and such order is not appealed by such      |
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10|person or such order is upheld by the reviewing court;                 |
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11|    4.  Release is made of medical or epidemiological information to   |
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12|those persons who have had risk exposures pursuant to Section          |
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13|1-502.1 of this title;                                                 |
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14|    5.  Release is made of medical or epidemiological information to   |
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15|health professionals, appropriate state or federal agencies, or        |
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16|district courts to enforce the provisions of Sections 1-501 through    |
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17|1-532.1 of this title and related rules and regulations concerning     |
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18|the control and treatment of communicable or noncommunicable           |
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19|diseases;                                                              |
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20|    6.  Release is made of specific medical or epidemiological         |
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21|information for statistical purposes whether within the State of       |
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22|Oklahoma or throughout the United States, in such a way that no        |
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23|person can be identified;                                              |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 3
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 1|    7.  Release is made of medical information among health care       |
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 2|providers, their agents or employees, within the continuum of care     |
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 3|for the purpose of diagnosis and treatment of the person whose         |
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 4|information is released whether within the State of Oklahoma or        |
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 5|throughout the United States; or                                       |
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 6|    8.  When the patient is an inmate in the custody of the            |
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 7|Department of Corrections or a private prison or facility under        |
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 8|contract with the Department of Corrections, and the release of the    |
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 9|information is necessary:                                              |
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10|         a.   to prevent or lessen a serious and imminent threat to    |
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11|              the health or safety of a person or the public, and it   |
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12|              is to a person or persons reasonably able to prevent     |
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13|              or lessen the threat, including the target of the        |
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14|              threat, or                                               |
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15|         b.   for law enforcement authorities to identify or           |
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16|              apprehend an individual where it appears from all the    |
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17|              circumstances that the individual has escaped from a     |
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18|              correctional institution or from lawful custody.         |
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19|    B.  For the purposes of this section only, "written consent"       |
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20|means that the person whose information is required to be kept         |
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21|confidential by this section or the person legally authorized to       |
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22|consent to release by this section has been informed of all persons    |
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23|or organizations to whom such information may be released or           |
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24|disclosed by the specific release granted.  Consent obtained for       |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 4
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 1|release of information, pursuant to paragraph 2 of subsection A of     |
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 2|this section, shall not be considered valid unless, prior to           |
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 3|consent, the person consenting to the release was given notice of      |
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 4|the provisions for release of confidential information pursuant to     |
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 5|this section.  The provisions of this subsection shall not apply to    |
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 6|written authorizations to disclose information to the Social           |
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 7|Security Administration.                                               |
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 8|    C.  1.  The State Department of Health may convene a               |
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 9|confidential meeting of a multidisciplinary team for recommendation    |
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10|on school placement of a student who is infected with the human        |
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11|immunodeficiency virus.  The multidisciplinary team shall include,     |
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12|but not be limited to, the following:                                  |
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13|         a.   the parent, parents, legal representative, or legal      |
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14|              guardian or legal custodian of the student,              |
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15|         b.   the physician of the student,                            |
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16|         c.   a representative from the superintendent's office of     |
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17|              the affected school district,                            |
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18|         d.   a representative from the State Department of            |
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19|              Education, and                                           |
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20|         e.   a representative from the State Department of Health.    |
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21|    Each member of the team shall be responsible for protecting the    |
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22|confidentiality of the student and any information made available to   |
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23|such person as a member of the team.  The multidisciplinary team       |
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24|shall be exempt from the requirements of Sections 301 through 314 of   |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 5
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 1|Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19    |
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 2|of Title 51 of the Oklahoma Statutes.                                  |
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 3|    2.  Each member of the local school board having jurisdiction      |
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 4|over the student shall also be responsible for protecting the          |
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 5|confidentiality of the student and any information made available to   |
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 6|such person as a school board member.                                  |
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 7|    D.  The State Department of Health may convene a confidential      |
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 8|meeting of a multidisciplinary advisory committee to make              |
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 9|recommendations regarding the practice of health care workers who      |
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10|are infected with the human immunodeficiency virus (HIV) or            |
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11|hepatitis B virus (HBV), who may be performing exposure-prone          |
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12|procedures.  The membership of the multidisciplinary advisory          |
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13|committee shall include, but not be limited to, the following:         |
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14|    1.  The State Commissioner of Health or designee;                  |
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15|    2.  Legal counsel to the State Commissioner of Health;             |
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16|    3.  The state epidemiologist or designee;                          |
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17|    4.  An infectious disease specialist with expertise in HIV/HBV     |
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18|infection; and                                                         |
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19|    5.  Two practicing health care workers from the same discipline    |
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20|as the HIV/HBV-infected health care worker.                            |
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21|    In addition, the health care worker being discussed, and/or an     |
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22|advocate, and the personal physician of the health care worker being   |
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23|discussed shall be invited to the multidisciplinary advisory           |
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24|committee meeting.  Discussion of the case shall be made without       |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 6
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 1|using the actual name of the health care worker.  Each member of the   |
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 2|multidisciplinary advisory committee shall be responsible for          |
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 3|protecting the confidentiality of the HIV/HBV-infected health care     |
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 4|worker and the confidentiality of any information made available to    |
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 5|such person as a member of the multidisciplinary advisory committee.   |
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 6| The multidisciplinary advisory committee shall be exempt from the     |
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 7|requirements of the Oklahoma Open Meeting Act and the Oklahoma Open    |
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 8|Records Act.                                                           |
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 9|    E.  Upon advice of the multidisciplinary advisory committee, the   |
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10|State Commissioner of Health or designee may notify an appropriate     |
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11|official at the health care facility where the HIV/HBV-infected        |
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12|health care worker practices that the health care worker is            |
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13|seropositive for HIV and/or HBV.  Notification shall be made only      |
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14|when necessary to monitor the ability of the HIV/HBV-infected health   |
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15|care worker to comply with universal precautions and appropriate       |
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16|infection control practices, and/or to monitor the ongoing             |
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17|functional capacity of the health care worker to perform his or her    |
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18|duties.  Notification shall occur through one of the following         |
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19|officials:                                                             |
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20|    1.  The facility administrator;                                    |
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21|    2.  The hospital epidemiologist;                                   |
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22|    3.  The chair of the infection control committee of the            |
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23|facility; or                                                           |
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24|    4.  The medical chief of staff of the facility.                    |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 7
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 1|    F.  If the HIV/HBV-infected health care worker fails or refuses    |
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 2|to comply with the recommendations of the multidisciplinary advisory   |
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 3|committee, the State Commissioner of Health or designee may take       |
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 4|such actions as may be required to perform the duties imposed by the   |
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 5|laws of the State of Oklahoma, and may advise the appropriate          |
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 6|licensing board.                                                       |
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 7|    G.  Any person who negligently, knowingly or intentionally         |
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 8|discloses or fails to protect medical or epidemiological information   |
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 9|classified as confidential pursuant to this section, upon              |
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10|conviction, shall be guilty of a misdemeanor punishable by the         |
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11|imposition of a fine of not less than One Thousand Dollars             |
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12|($1,000.00) or by imprisonment in the county jail for not more than    |
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13|thirty (30) days, or by both such fine and imprisonment.               |
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14|    H.  Any person who negligently, knowingly or intentionally         |
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15|discloses or fails to protect medical or epidemiological information   |
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16|classified as confidential pursuant to this section shall be civilly   |
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17|liable to the person who is the subject of the disclosure for court    |
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18|costs, attorney fees, exemplary damages and all actual damages,        |
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19|including damages for economic, bodily or psychological harm which     |
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20|is are proximately caused by the disclosure.                           |
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21|    SECTION 2.     AMENDATORY     63 O.S. 2011, Section 1-507, is      |
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22|amended to read as follows:                                            |
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23|    Section 1-507.  No person having a communicable disease shall be   |
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24|permitted to attend a private or public school, and it shall be the    |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 8
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 1|duty of the parent or guardian of any such person, and the teacher     |
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 2|school of such person, to exclude from the school such person until    |
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 3|the expiration of the period of isolation or quarantine ordered for    |
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 4|the case, or until permission to do so shall have been given by the    |
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 5|local health officer county health department or the State             |
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 6|Department of Health.                                                  |
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 7|    SECTION 3.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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11|    Passed the House of Representatives the 11th day of March, 2021.   |
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  |                                     Presiding Officer of the House    |
14|                                                 of Representatives    |
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  |    Passed the Senate the ___ day of __________, 2021.                 |
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18|                                    Presiding Officer of the Senate    |
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arsid2454433 ENGR. H. B. NO. 1014                                  Page 9
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