Catastrophic Health Emergency Powers Act
Encyclopedia
The Catastrophic Health Emergency Powers Act (63 O.S. § 6101-6804), often referred to as the Health Emergency Act, is an Oklahoma
state law that details the response to a catastrophic health emergency in Oklahoma created as a result of a nuclear weapon
, bioterrorism
, a chemical weapon or other biological toxin. The Health Emergency Act along with the Oklahoma Emergency Management Act of 2003
form the primary state laws regarding emergency management
.
The Health Emergency Act was signed into law by Governor
Brad Henry
on August 29, 2003
The Task Force consists of the following seventeen members:
, 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.
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
state law that details the response to a catastrophic health emergency in Oklahoma created as a result of a nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
, bioterrorism
Bioterrorism
Bioterrorism is terrorism involving the intentional release or dissemination of biological agents. These agents are bacteria, viruses, or toxins, and may be in a naturally occurring or a human-modified form. For the use of this method in warfare, see biological warfare.-Definition:According to the...
, a chemical weapon or other biological toxin. The Health Emergency Act along with the Oklahoma Emergency Management Act of 2003
Oklahoma Emergency Management Act of 2003
The Oklahoma Emergency Management Act of 2003 is an Oklahoma state law that replaced the Oklahoma Civil Defense and Emergency Resources Management Act of 1967 as the primary state law detailing emergency management in Oklahoma...
form the primary state laws regarding emergency management
Emergency management
Emergency management is the generic name of an interdisciplinary field dealing with the strategic organizational management processes used to protect critical assets of an organization from hazard risks that can cause events like disasters or catastrophes and to ensure the continuance of the...
.
The Health Emergency Act was signed into law by Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...
on August 29, 2003
In General
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.Health Emergency Task Force
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:
- The Cabinet Secretary of HealthOklahoma State CabinetThe Cabinet of the Governor of Oklahoma is a body of the most senior appointed officials of the executive branch of the government of Oklahoma. Originally an informal meeting between the Governor of Oklahoma and various government officials, the Governor's Cabinet has evolved into a major part of...
, who serves as chair - The State Commissioner of HealthOklahoma State Department of HealthThe Oklahoma State Department of Health is a department of the government of Oklahoma under the supervision of the Oklahoma Secretary of Health. The Department is responsible for protecting the health of all Oklahomans and providing other essential human services...
- The Commissioner of Public SafetyOklahoma Department of Public SafetyThe Oklahoma Department of Public Safety is a department of the government of Oklahoma. Under the supervision of the Oklahoma Secretary of Safety and Security, DPS provides for the safety of Oklahomans and the administration of justice in the state...
- The Oklahoma Attorney General
- The Administrative Director of the Courts;
- The Director of Emergency ManagementOklahoma Department of Emergency ManagementThe Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...
- Two members of the Oklahoma SenateOklahoma SenateThe Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
appointed by the President pro tempore of the Oklahoma SenatePresident pro tempore of the Oklahoma SenateThe President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking... - Two members of the Oklahoma House of RepresentativesOklahoma House of RepresentativesThe Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
appointed by the Speaker of the Oklahoma House of RepresentativesSpeaker of the Oklahoma House of RepresentativesThe Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his... - The Director of the Tulsa City-County Health Department
- The Director of the Oklahoma City-County Health Department
- The Oklahoma State Fire MarshalOklahoma State Fire MarshalThe Oklahoma State Fire Marshal is the chief firefighter of the state of Oklahoma. The State Fire Marshal oversees the operation of the Office of the State Fire Marshal, which is a law enforcement agency of the state...
- 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 representative of the Governor of OklahomaGovernor of OklahomaThe governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
to be appointed by the Governor; - 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 HealthOklahoma State Department of Health
The Oklahoma State Department of Health is a department of the government of Oklahoma under the supervision of the Oklahoma Secretary of Health. The Department is responsible for protecting the health of all Oklahomans and providing other essential human services...
, the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
may declare a state of catastrophic health emergency. By declaring such an emergency, the Governor automatically convenes the Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
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
Oklahoma National Guard
The Oklahoma National Guard, a division of the Oklahoma Department of the Military, is the component of the United States National Guard in the U.S. state of Oklahoma. It comprises both Army and Air National Guard components. The Governor of Oklahoma is Commander-in-Chief of the Oklahoma National...
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
Oklahoma Department of Public Safety
The Oklahoma Department of Public Safety is a department of the government of Oklahoma. Under the supervision of the Oklahoma Secretary of Safety and Security, DPS provides for the safety of Oklahomans and the administration of justice in the state...
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.