The Health Emergency Act grants state and local officials the authority to provide care, treatment, and vaccination to persons who are ill or who have been exposed to transmissible diseases during a catastrophic health emergency as well as the authority to separate affected individuals from the population at large to interrupt disease transmission. The Act provides for ensuring the needs of infected or exposed persons are properly addressed to the fullest extent possible, given the primary goal of controlling serious health threats and allows state and local officials the ability to prevent, detect, manage, and contain health threats without unduly interfering with civil rights and liberties.
The Health Emergency Act created the Oklahoma Catastrophic Health Emergency Planning Task Force for the purpose of preparing a plan for responding to a catastrophic health emergency in the state. Such plan must be annually updated by the Task Force. The Task Force consists of the following seventeen members:
A representative of the Oklahoma State Board of Medical Licensure and Supervision to be appointed by the State Board of Medical Licensure and Supervision;
A representative of the State Board of Osteopathic Examiners to be appointed by the State Board of Osteopathic Examiners;
A person appointed by the Governor representing a statewide organization representing hospitals;
A representative of the Oklahoma Nurses Association to be appointed by the Oklahoma Nurses Association; and
A representative of the Oklahoma Psychological Association to be appointed by the Oklahoma Psychological Association.
Gubernatorial emergency powers
After consulting the Commissioner of Health, the Governor of Oklahoma may declare a state of catastrophic health emergency. By declaring such an emergency, the Governor automatically convenes the Oklahoma Legislature into special session. During a state of catastrophic health emergency, the Governor may utilize all available resources of the state government and its political subdivisions to respond to the catastrophic health emergency and may mobilize all or any part of the Oklahoma National Guard into service of the state. The Commissioner of Health, under the direction of the Governor, has primary jurisdiction for planning and executing disaster mitigation, response, and recovery for the state. At any time, the Commissioner of Health may request assistance from Commissioner of Public Safety in enforcing his order regarding response, and the Commissioner of Public Safety may in turn request the assistance of the National Guard in enforcing the Commissioner of Health's orders.
