The Oklahoma Register
Volume 37
Number 16
May 1, 2020
Pages 669 - 706

Oklahoma
Secretary of State
Office of Administrative Rules

 
seal1.tif
Kevin Stitt, Governor
Michael Rogers,
   Secretary of State
Peggy Coe, Editor-in-Chief
THE OKLAHOMA REGISTER is an official publication of the State of Oklahoma. It is published semi-monthly on the first working day of the month and on the first working day following the 14th day of the month under the authority of 75 O.S., Sections 250 et seq. and OAC 655:10-15-1. The rules of the State of Oklahoma are codified and published in the Oklahoma Administrative Code.

The Oklahoma Register and the documents accepted for publication are AVAILABLE FOR PUBLIC INSPECTION at the Office of Administrative Rules pursuant to the Oklahoma Open Records Act. Copies of the Register are also available for public inspection at many County Clerks' offices in Oklahoma, the Jan Eric Cartwright Memorial Law Library at 200 NE 18th Street in the State Capitol Complex, and the following depository libraries:
      Ada - East Central University, Linscheid Library
      Bartlesville - Bartlesville Public Library
      Claremore - Rogers State University, Stratton Taylor Library
      Clinton - Clinton Public Library
      Durant - Southeastern Oklahoma State University, H.G.
         Bennett Memorial Library
      Edmond - University of Central Oklahoma, Chambers Library
      Enid - Public Library of Enid and Garfield County
      Goodwell - Oklahoma Panhandle State University, Marvin E.
         McKee Library
      Lawton - Lawton Public Library
McAlester - McAlester Public Library
Oklahoma City - Metropolitan Library System
Oklahoma City - Publications Clearinghouse,
   Oklahoma Department of Libraries
Stillwater - Oklahoma State University, Edmon Low
   Library
Tahlequah - Northeastern State University, John
   Vaughan Library
Tulsa - Tulsa City/County Library System
Weatherford - Southwestern Oklahoma State
   University, Al Harris Library

CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page number of the document in the Register. For example: 36 Ok Reg 256.

SUBSCRIPTION RATES for the Register are $500.00 per year for the printed issues and $300.00 per year for the CD-ROM issues, payable in advance. When available, individual printed issues may be purchased for $20.00 plus the cost of postage, payable in advance. Make checks payable to "Secretary of State." Send subscription requests, change of address notices, and undelivered copies to: Secretary of State, Office of Administrative Rules, 421 NW 13th Street, Suite 210, Oklahoma City, OK 73103.

INFORMATION ABOUT THIS PUBLICATION may be obtained by contacting the OAR by mail at Oklahoma Secretary of State, Office of Administrative Rules, 421 NW 13th Street, Suite 210, Oklahoma City, OK 73103, by email at oar@sos.ok.gov, or by phone at (405) 521-4911. Information may also be obtained by visiting the OAR's office, located in Suite 220, Colcord Center, 421 NW 13th Street, Oklahoma City, between 8:00 a.m. and 5:00 p.m., Monday through Friday.


This publication is issued and printed by the Secretary of State as authorized by 75 O.S., Section 255. 38 copies have been prepared and distributed at a cost of $126.12. Copies have been deposited with the Oklahoma Department of Libraries, Publications Clearinghouse.
ISSN 0030-1728
Table of Contents
Agency/Action/Subject Index
Agency Index (Title numbers assigned)
Cancelled Hearings/Comment Periods
Psychologists, State Board of Examiners of (Title 575) (1)
Submissions to Governor and Legislature
Corporation Commission (Title 165) (1)
Corrections, Department of (Title 170) (1), (2), (3)
Education, State Department of (Title 210) (1), (2), (3)
Health, Oklahoma State Department of (Title 310) (1)
Health Care Authority, Oklahoma (Title 317) (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32)
Historical Society, Oklahoma (Title 320) (1)
Horse Racing Commission, Oklahoma (Title 325) (1), (2), (3)
Insurance Department (Title 365) (1), (2), (3)
Labor, Department of (Title 380) (1), (2), (3)
Motor Vehicle Commission, Oklahoma (Title 465) (1)
Secretary of State (Title 655) (1), (2)
Securities, Department of (Title 660) (1), (2), (3), (4), (5)
Tourism and Recreation Department, Oklahoma (Title 725) (1), (2), (3)
Career and Technology Education, Oklahoma Department of (Title 780) (1), (2)
Emergency Adoptions
Health, Oklahoma State Department of (Title 310) (1)
Executive Orders (Title 1)

Agency/Action/Subject Index
CORPORATION Commission – continued
CORPORATION Commission (Title 165)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Oil & Gas Conservation (Chapter 10) – continued
Oil & Gas Conservation (Chapter 10) (1)
CORRECTIONS, Department of – continued
CORRECTIONS, Department of (Title 170)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Organization (Chapter 1) – continued
Organization (Chapter 1) (1)
   Prisoner Public Works Contracts (Chapter 10) – continued
Prisoner Public Works Contracts (Chapter 10) (1)
   Private Prison Contractor Compliance Monitoring (Chapter 15) – continued
Private Prison Contractor Compliance Monitoring (Chapter 15) (1)
EDUCATION, State Department of – continued
EDUCATION, State Department of (Title 210)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   School Administration and Instructional Services (Chapter 10) – continued
School Administration and Instructional Services (Chapter 10) (1)
   Curriculum and Instruction (Chapter 15) – continued
Curriculum and Instruction (Chapter 15) (1)
   Grants and Programs-In-Aid (Chapter 40) – continued
Grants and Programs-In-Aid (Chapter 40) (1)
GOVERNOR – continued
GOVERNOR
   Executive Orders – continued
Executive Orders
   Amending EO 2020-07, declaring emergency caused by impending threat of COVID-19 in 77 counties (20-7H) – continued
Amending EO 2020-07, declaring emergency caused by impending threat of COVID-19 in 77 counties (20-7H) (1)
   Declaring health emergency caused by spread of COVID-19 in 77 counties and convoking First Special Session of the Fifty Seventh Legislature (20-12) – continued
Declaring health emergency caused by spread of COVID-19 in 77 counties and convoking First Special Session of the Fifty Seventh Legislature (20-12) (1)
   Declaring emergency caused by impending threat of COVID-19 in 77 counties (20-13) – continued
Declaring emergency caused by impending threat of COVID-19 in 77 counties (20-13) (1)
   Amending EO 2020-13, declaring emergency caused by impending threat of COVID-19 in 77 counties (20-13A) – continued
Amending EO 2020-13, declaring emergency caused by impending threat of COVID-19 in 77 counties (20-13A) (1)
HEALTH, Oklahoma State Department of – continued
HEALTH, Oklahoma State Department of (Title 310)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Immunization Regulations (Chapter 535) – continued
Immunization Regulations (Chapter 535) (1)
   Emergency Adoptions – continued
Emergency Adoptions
   Nurse Aide Training and Certification (Chapter 677) – continued
Nurse Aide Training and Certification (Chapter 677) (1)
HEALTH Care Authority, Oklahoma – continued
HEALTH Care Authority, Oklahoma (Title 317)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Grievance Procedures and Process (Chapter 2) – continued
Grievance Procedures and Process (Chapter 2) (1), (2)
   Soonercare Choice (Chapter 25) – continued
Soonercare Choice (Chapter 25) (1)
   Medical Providers-Fee for Service (Chapter 30) – continued
Medical Providers-Fee for Service (Chapter 30) (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21)
   Medical Assistance for Adults and Children-Eligibility (Chapter 35) – continued
Medical Assistance for Adults and Children-Eligibility (Chapter 35) (1), (2), (3), (4), (5)
   Developmental Disabilities Services (Chapter 40) – continued
Developmental Disabilities Services (Chapter 40) (1)
   Insure Oklahoma (Chapter 45) – continued
Insure Oklahoma (Chapter 45) (1), (2)
HISTORICAL Society, Oklahoma – continued
HISTORICAL Society, Oklahoma (Title 320)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Oklahoma Heritage Preservation Grant Program (Chapter 15) – continued
Oklahoma Heritage Preservation Grant Program (Chapter 15) (1)
HORSE Racing Commission, Oklahoma – continued
HORSE Racing Commission, Oklahoma (Title 325)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Gaming Licensing Requirements (Chapter 80) – continued
Gaming Licensing Requirements (Chapter 80) (1)
   Gaming Machine Specifications and Use and Operation Requirements (Chapter 85) – continued
Gaming Machine Specifications and Use and Operation Requirements (Chapter 85) (1)
   Gaming Operations (Chapter 90) – continued
Gaming Operations (Chapter 90) (1)
INSURANCE Department – continued
INSURANCE Department (Title 365)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Life, Accident and Health (Chapter 10) – continued
Life, Accident and Health (Chapter 10) (1)
   Property and Casualty (Chapter 15) – continued
Property and Casualty (Chapter 15) (1)
   Other Licensees (Chapter 25) – continued
Other Licensees (Chapter 25) (1)
LABOR, Department of – continued
LABOR, Department of (Title 380)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Amusement Ride Safety Rules (Chapter 55) – continued
Amusement Ride Safety Rules (Chapter 55) (1)
   Elevator Safety Act (Chapter 70) – continued
Elevator Safety Act (Chapter 70) (1)
   Alarm and Locksmith Industry Rules (Chapter 75) – continued
Alarm and Locksmith Industry Rules (Chapter 75) (1)
MOTOR Vehicle Commission, Oklahoma – continued
MOTOR Vehicle Commission, Oklahoma (Title 465)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   License (Chapter 10) – continued
License (Chapter 10) (1)
PSYCHOLOGISTS, State Board of Examiners of – continued
PSYCHOLOGISTS, State Board of Examiners of (Title 575)
   Cancelled Hearings/Comment Periods – continued
Cancelled Hearings/Comment Periods
   Licensure of Psychologists (Chapter 10) – continued
Licensure of Psychologists (Chapter 10) (1)
SECRETARY of State – continued
SECRETARY of State (Title 655)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Notary Public (Chapter 25) – continued
Notary Public (Chapter 25) (1)
   Certification Authorities (Chapter 35) – continued
Certification Authorities (Chapter 35) (1)
SECURITIES, Department of – continued
SECURITIES, Department of (Title 660)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Organization and Procedures of Department of Securities (Chapter 2) – continued
Organization and Procedures of Department of Securities (Chapter 2) (1)
   Forms (Chapter 6) – continued
Forms (Chapter 6) (1)
   Oklahoma Uniform Securities Act of 2004 (Chapter 11) – continued
Oklahoma Uniform Securities Act of 2004 (Chapter 11) (1)
   Oklahoma Subdivided Land Sales Code (Chapter 20) – continued
Oklahoma Subdivided Land Sales Code (Chapter 20) (1)
   Oklahoma Business Opportunity Sales Act (Chapter 25) – continued
Oklahoma Business Opportunity Sales Act (Chapter 25) (1)
TOURISM and Recreation Department, Oklahoma – continued
TOURISM and Recreation Department, Oklahoma (Title 725)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Fiscal, Personnel and General Operations (Chapter 15) – continued
Fiscal, Personnel and General Operations (Chapter 15) (1)
   Division of State Parks (Chapter 30) – continued
Division of State Parks (Chapter 30) (1)
   The Oklahoma Film and Music Office (Chapter 35) – continued
The Oklahoma Film and Music Office (Chapter 35) (1)
CAREER and Technology Education, Oklahoma Department of – continued
CAREER and Technology Education, Oklahoma Department of (Title 780)
   Submissions to Governor and Legislature – continued
Submissions to Governor and Legislature
   Administration and Supervision (Chapter 10) – continued
Administration and Supervision (Chapter 10) (1)
   Programs and Services (Chapter 20) – continued
Programs and Services (Chapter 20) (1)

Agency/Title Index
[Assigned as of 5-1-20]
Agency
Title
Oklahoma ABSTRACTORS Board
5
Oklahoma ACCOUNTANCY Board
10
State ACCREDITING Agency
15
AD Valorem Task Force (abolished 7-1-93)
20
Oklahoma AERONAUTICS Commission
25
Board of Regents for the Oklahoma AGRICULTURAL and Mechanical Colleges (exempted 11-1-98)
30
Oklahoma Department of AGRICULTURE, Food, and Forestry
35
Oklahoma Board of Licensed ALCOHOL and Drug Counselors
38
Board of Tests for ALCOHOL and Drug Influence
40
ALCOHOLIC Beverage Laws Enforcement Commission
45
ANATOMICAL Board of the State of Oklahoma
50
Board of Governors of the Licensed ARCHITECTS, Landscape Architects and Registered Interior Designers of Oklahoma (Formerly: Board of Governors of the Licensed ARCHITECTS and Landscape Architects of Oklahoma; and Board of Governors of the Licensed ARCHITECTS, Landscape Architects and Interior Designers of Oklahoma
55
ARCHIVES and Records Commission
60
Board of Trustees for the ARDMORE Higher
    Education Program (exempted 11-1-98)
65
Oklahoma ARTS Council
70
Oklahoma State ATHLETIC Commission (Formerly: Oklahoma Professional BOXING Commission) - See Title 92
 
ATTORNEY General
75
State AUDITOR and Inspector
80
State BANKING Department
85
Oklahoma State Employees BENEFITS Council (consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
86
Oklahoma State Employees BENEFITS Council
87
Council of BOND Oversight
90
Oklahoma State ATHLETIC Commission (Formerly: Oklahoma Professional BOXING Commission)
92
State BURIAL Board (abolished 7-1-92)
95
[RESERVED]
100
Oklahoma CAPITAL Investment Board
105
Oklahoma CAPITOL Improvement Authority
110
State CAPITOL Preservation Commission
115
CAPITOL-MEDICAL Center Improvement and Zoning Commission
120
Oklahoma Department of CAREER and Technology Education (Formerly: Oklahoma Department of VOCATIONAL and Technical Education) - See Title 780
 
Board of Regents of CARL Albert State College (exempted 11-1-98)
125
Department of CENTRAL Services (Formerly: Office of PUBLIC Affairs) - See Title 580
 
CEREBRAL Palsy Commission
130
Commission on CHILDREN and Youth
135
Board of CHIROPRACTIC Examiners
140
Oklahoma Department of EMERGENCY Management
    (Formerly: Department of CIVIL Emergency Management)
145
Oklahoma Department of COMMERCE
150
COMMUNITY Hospitals Authority
152
COMPSOURCE Oklahoma (Formerly: State INSURANCE
    Fund) - See Title 370
 
Oklahoma CONSERVATION Commission
155
CONSTRUCTION Industries Board
158
Department of CONSUMER Credit
160
CORPORATION Commission
165
Department of CORRECTIONS
170
State Board of COSMETOLOGY and Barbering
175
Oklahoma State CREDIT Union Board
180
CRIME Victims Compensation Board
185
Joint CRIMINAL Justice System Task Force Committee
190
Board of DENTISTRY
195
Oklahoma DEVELOPMENT Finance Authority
200
Office of DISABILITY Concerns (Formerly: Office of HANDICAPPED Concerns) - See Title 305
 
Board of Regents of EASTERN Oklahoma State College (exempted 11-1-98)
205
EDGE Fund Policy Board
208
State Department of EDUCATION
210
EDUCATION Oversight Board (merged under Office of Educational Quality and Accountability 7-1-14 - See Title 218)
215
Office of EDUCATIONAL Quality and Accountability
218
Oklahoma EDUCATIONAL Television Authority
220
[RESERVED]
225
State ELECTION Board
230
Oklahoma FUNERAL Board (Formerly: Oklahoma State Board of EMBALMERS and Funeral Directors)
235
Oklahoma Department of EMERGENCY Management
    (Formerly: Department of CIVIL Emergency Management) -
    See Title 145
 
Oklahoma EMPLOYMENT Security Commission
240
Oklahoma ENERGY Resources Board
243
State Board of Licensure for Professional ENGINEERS and Land Surveyors (Formerly: State Board of Registration for Professional ENGINEERS and Land Surveyors)
245
Board of Trustees for the ENID Higher
     Education Program (exempted 11-1-98)
250
Department of ENVIRONMENTAL Quality
252
State Board of EQUALIZATION
255
ETHICS Commission (Title revoked)
257
ETHICS Commission
258
Office of MANAGEMENT and Enterprise Services (Formerly: Office of State FINANCE)
260
State FIRE Marshal Commission
265
Oklahoma Council on FIREFIGHTER Training
268
Oklahoma FIREFIGHTERS Pension and Retirement System
270
[RESERVED]
275
FORENSIC Review Board
277
State Board of Registration for FORESTERS
280
FOSTER Care Review Advisory Board
285
Oklahoma FUNERAL Board (Formerly: Oklahoma State Board of Embalmers and Funeral Directors) - See Title 235
 
Oklahoma FUTURES
290
GOVERNOR (See also Title 1, Executive Orders)
295
GRAND River Dam Authority
300
Group Self-Insurance Association GUARANTY Fund Board
302
Individual Self-Insured GUARANTY Fund Board
303
STATE Use Committee (Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED; consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
304
Office of DISABILITY Concerns (Formerly: Office of HANDICAPPED Concerns)
305
Oklahoma State Department of HEALTH
310
Oklahoma Basic HEALTH Benefits Board (abolished 11-1-97)
315
Oklahoma HEALTH Care Authority
317
HIGHWAY Construction Materials Technician Certification Board
318
Oklahoma HISTORICAL Society
320
Oklahoma HORSE Racing Commission
325
Oklahoma HOUSING Finance Agency
330
Oklahoma HUMAN Rights Commission
335
Department of HUMAN Services
340
Committee for INCENTIVE Awards for State Employees
345
Oklahoma INDIAN Affairs Commission
350
Oklahoma INDIGENT Defense System
352
Oklahoma INDUSTRIAL Finance Authority
355
INJURY Review Board
357
Oklahoma State and Education Employees Group INSURANCE Board (consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
360
INSURANCE Department
365
COMPSOURCE Oklahoma
    (Formerly: State INSURANCE Fund)
370
Oklahoma State Bureau of INVESTIGATION
375
Council on JUDICIAL Complaints
376
Office of JUVENILE Affairs
377
Department of LABOR
380
Department of the Commissioners of the LAND Office
385
Council on LAW Enforcement Education and Training
390
Oklahoma LAW Enforcement Retirement System
395
Board on LEGISLATIVE Compensation
400
Oklahoma Department of LIBRARIES
405
LIEUTENANT Governor
410
Oklahoma LINKED Deposit Review Board
415
Oklahoma LIQUEFIED Petroleum Gas Board
420
Oklahoma LIQUEFIED Petroleum Gas Research, Marketing and Safety Commission
422
LITERACY Initiatives Commission
425
LONG-RANGE Capital Planning Commission
428
Oklahoma State Board of Examiners for LONG-TERM Care Administrators (Formerly: Oklahoma State Board of Examiners for NURSING Home Administrators) - See Title 490
 
LOTTERY Commission, Oklahoma
429
Board of Trustees for the MCCURTAIN County Higher Education Program (exempted 11-1-98)
430
Office of MANAGEMENT and Enterprise Services (Formerly: Office of State FINANCE) - See Title 260
 
Commission on MARGINALLY Producing Oil and Gas Wells
432
State Board of MEDICAL Licensure and Supervision
435
MEDICAL Technology and Research Authority of Oklahoma
440
Board of MEDICOLEGAL Investigations
445
Department of MENTAL Health and Substance Abuse Services
450
MERIT Protection Commission
455
MILITARY Planning Commission, Oklahoma Strategic
457
Department of MINES
460
Oklahoma MOTOR Vehicle Commission
465
Board of Regents of MURRAY State College (exempted 11-1-98)
470
Oklahoma State Bureau of NARCOTICS and Dangerous Drugs Control
475
Board of Regents of NORTHERN Oklahoma College (exempted 11-1-98)
480
Oklahoma Board of NURSING
485
Oklahoma State Board of Examiners for LONG-TERM Care Administrators (Formerly: Oklahoma State Board of Examiners for NURSING Home Administrators)
490
Board of Regents of OKLAHOMA City Community College (exempted 11-1-98)
495
Board of Regents of OKLAHOMA Colleges (exempted 11-1-98)
500
Board of Examiners in OPTOMETRY
505
State Board of OSTEOPATHIC Examiners
510
PARDON and Parole Board
515
Oklahoma PEANUT Commission
520
Oklahoma State PENSION Commission
525
State Board of Examiners of PERFUSIONISTS
527
Office of PERSONNEL Management (consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
530
Board of Commercial PET Breeders (abolished 7-1-12 - See Title 35)
532
Oklahoma State Board of PHARMACY
535
PHYSICIAN Manpower Training Commission
540
Board of PODIATRIC Medical Examiners
545
Oklahoma POLICE Pension and Retirement System
550
State Department of POLLUTION Control (abolished 1-1-93)
555
POLYGRAPH Examiners Board
560
Oklahoma Board of PRIVATE Vocational Schools
565
State Board for PROPERTY and Casualty Rates
     (abolished 7-1-06; see also Title 365)
570
State Board of Examiners of PSYCHOLOGISTS
575
Department of CENTRAL Services (Formerly: Office of PUBLIC Affairs; consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
580
PUBLIC Employees Relations Board
585
Oklahoma PUBLIC Employees Retirement System
590
Department of PUBLIC Safety
595
REAL Estate Appraiser Board
600
Oklahoma REAL Estate Commission
605
Board of Regents of REDLANDS Community College (exempted 11-1-98)
607
State REGENTS for Higher Education
610
State Department of REHABILITATION Services
612
Board of Regents of ROGERS State College (exempted 11-1-98)
615
Board of Regents of ROSE State College (exempted 11-1-98)
620
Oklahoma SAVINGS and Loan Board (abolished 7-1-93)
625
SCENIC Rivers Commission
630
Oklahoma Commission on SCHOOL and County Funds Management
635
Advisory Task Force on the Sale of SCHOOL Lands (functions concluded 2-92)
640
The Oklahoma School of SCIENCE and Mathematics
645
Oklahoma Center for the Advancement of SCIENCE and Technology
650
SECRETARY of State
655
Department of SECURITIES
660
Board of Regents of SEMINOLE State College (exempted 11-1-98)
665
SHEEP and Wool Commission
670
State Board of Licensed SOCIAL Workers
675
SOUTHERN Growth Policies Board
680
Oklahoma SOYBEAN Commission (abolished 7-1-97)
685
Board of Examiners for SPEECH-LANGUAGE Pathology and Audiology (Formerly: Board of Examiners for SPEECH Pathology and Audiology)
690
STATE Employee Charitable Contributions, Oversight
     Committee for (Formerly: STATE Agency
     Review Committee)
695
STATE Use Committee (Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED) –See Title 304
 
Oklahoma STUDENT Loan Authority
700
TASK Force 2000
705
Oklahoma TAX Commission
710
Oklahoma Commission for TEACHER Preparation (merged under Office of Educational Quality and Accountability 7-1-14 - See Title 218)
712
TEACHERS’ Retirement System
715
State TEXTBOOK Committee
720
TOBACCO Settlement Endowment Trust Fund
723
Oklahoma TOURISM and Recreation Department
725
Department of TRANSPORTATION
730
Oklahoma TRANSPORTATION Authority (Name changed to Oklahoma TURNPIKE Authority 11-1-05) - See Title 731
 
Oklahoma TURNPIKE Authority (Formerly: Oklahoma TRANSPORTATION Authority AND Oklahoma TURNPIKE Authority) - See also Title 745
731
State TREASURER
735
Board of Regents of TULSA Community College (exempted 11-1-98)
740
Oklahoma TURNPIKE Authority (Name changed to Oklahoma TRANSPORATION Authority 11-1-99 - no rules enacted in this Title - See Title 731)
745
Oklahoma UNIFORM Building Code Commission
748
Board of Trustees for the UNIVERSITY Center at Tulsa (exempted 11-1-98)
750
UNIVERSITY Hospitals Authority
752
UNIVERSITY Hospitals Trust
753
Board of Regents of the UNIVERSITY of Oklahoma (exempted 11-1-98)
755
Board of Regents of the UNIVERSITY of Science and Arts
of Oklahoma (exempted 11-1-98)
760
Oklahoma USED Motor Vehicle and Parts Commission
765
Oklahoma Department of VETERANS Affairs
770
Board of VETERINARY Medical Examiners
775
Statewide VIRTUAL Charter School Board
777
Oklahoma Department of CAREER and Technology Education (Formerly: Oklahoma Department of VOCATIONAL and Technical Education)
780
Oklahoma WATER Resources Board
785
Board of Regents of WESTERN Oklahoma State College (exempted 11-1-98)
790
Oklahoma WHEAT Commission
795
Department of WILDLIFE Conservation
800
WILL Rogers and J.M. Davis Memorials Commission
805
Oklahoma WORKERS' Compensation Commission
810

Cancelled Hearings/Comment Periods
If an agency cancels a hearing or comment period announced in a published Notice of Rulemaking Intent, the agency must submit a notice of such cancellation to the Office of Administrative Rules (OAR). The OAR publishes the cancellation notice in the next possible issue of the Register.
For additional information on cancelled hearings and comment periods, see OAC 655:10-7-27.

TITLE 575.  State Board of Examiners of Psychologists
CHAPTER 10.  Licensure of Psychologists
[OAR Docket #20-384]
RULEMAKING ACTION:
Cancelled public hearing relating to a proposed PERMANENT rulemaking action
PROPOSED RULES:
575:10-1-2. Requirements to become licensed as a psychologist [AMENDED]
575:10-1-3. Private Practice Under Supervision [AMENDED]
REGISTER PUBLICATION NOTCE:
The Notice of Rulemaking Intent for this action was published at 37 Ok Reg 485.
CANCELLED PUBLIC HEARING:
9:00 a.m., March 23, 2020, 421 NW13th Street, Suite 100, Oklahoma City, Oklahoma
COMMENT PERIOD:
Written comments will be accepted February 18, 2020 until March 19, 2020 at: 421 NW 13th Street, Suite 180, Oklahoma City, OK 73103, Attn: Teanne Rose.
ADDITIONAL INFORMATION:
Another comment period and public hearing will be announced at a later date. For additional information, contact Teanne Rose, Executive Officer (405) 522-1333 or Teanne.Rose@psychology.ok.gov
[OAR Docket #20-384; filed 4-7-20]


Submissions to Governor and Legislature
Within 10 calendar days after adoption by an agency of proposed PERMANENT rules, the agency must submit the rules to the Governor and the Legislature. A "statement" of such submission must subsequently be published by the agency in the Register.
For additional information on submissions to the Governor/Legislature, see 75 O.S., Section 303.1 and 308.

TITLE 165.  Corporation Commission
CHAPTER 10.  Oil & Gas Conservation
[OAR Docket #20-322]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. Administration
Part 1. General Provisions
165:10-1-2. Definitions [AMENDED]
165:10-1-4. Citation effective date [AMENDED]
165:10-1-6. Duties and authority of the Conservation Division [AMENDED]
165:10-1-7. Prescribed forms [AMENDED]
Part 3. Surety
165:10-1-10. Operator's agreement; Category A and Category B surety [AMENDED]
165:10-1-15. Transfer of operatorship of wells [AMENDED]
Subchapter 3. Drilling, Developing, and Producing
Part 1. Drilling
165:10-3-1. Required approval of notice of intent to drill, deepen, re-enter, or recomplete; Permit to Drill [AMENDED]
165:10-3-2. Notification of spudding of new well [AMENDED]
165:10-3-3. Well casing strings [AMENDED]
165:10-3-4. Casing, cementing, wellhead equipment, and cementing reports [AMENDED]
Part 3. Completions
165:10-3-10. Well completion operations [AMENDED]
165:10-3-16. Operation in hydrogen sulfide areas [AMENDED]
165:10-3-17. Well site and surface facilities [AMENDED]
Part 5. Operations
165:10-3-28. Horizontal drilling [AMENDED]
Subchapter 5. Underground Injection Control
165:10-5-2. Approval of enhanced recovery injection wells or disposal wells [AMENDED]
165:10-5-5. Application for approval of enhanced recovery injection and disposal operations [AMENDED]
165:10-5-6. Testing and monitoring requirements for enhanced recovery injection wells and disposal wells [AMENDED]
165:10-5-7. Monitoring and reporting requirements for wells covered by 165:10-5-1 [AMENDED]
165:10-5-9. Duration of underground injection well orders or permits [AMENDED]
165:10-5-10. Transfer of authority to inject [AMENDED]
Subchapter 7. Pollution Abatement
Part 1. General Provisions
165:10-7-2. Administration and enforcement of rules [AMENDED]
165:10-7-5. Prohibition of pollution [AMENDED]
165:10-7-7. Informal complaints, citations, red tags, and shut down of operations [AMENDED]
165:10-7-9. Scheduled monetary fines [REVOKED]
Part 3. Storage and Disposal of Fluids
165:10-7-16. Use of noncommercial pits [AMENDED]
165:10-7-19. Land application of water-based fluids from earthen pits, tanks and pipeline construction [AMENDED]
165:10-7-20. Noncommercial disposal or enhanced recovery well pits used for temporary storage of saltwater [AMENDED]
165:10-7-26. Land application of contaminated soils and petroleum hydrocarbon based drill cuttings [AMENDED]
165:10-7-33. Use of truck wash pits [AMENDED]
Subchapter 8. Commercial Recycling
Part 1. Hydrocarbon Recycling/Reclaiming Facilities
165:10-8-5. Surety requirements for reclaimers [AMENDED]
Subchapter 9. Commercial Disposal Facilities
165:10-9-1. Use of commercial pits [AMENDED]
165:10-9-2. Commercial soil farming [AMENDED]
165:10-9-3. Commercial disposal well surface facilities [AMENDED]
165:10-9-4. Commercial recycling facilities [AMENDED]
Subchapter 11. Plugging and Abandonment
165:10-11-9. Temporary exemption from plugging requirements [AMENDED]
Subchapter 17. Gas Well Operations and Permitted Production
165:10-17-7. Well tests [AMENDED]
165:10-17-16. Reports [REVOKED]
Appendix E. Schedule A Fines [REVOKED]
Appendix E. Fine Schedule [NEW]
Appendix F. Schedule B Fines [REVOKED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 24, 2020
[OAR Docket #20-322; filed 3-26-20]

TITLE 170.  Department of Corrections
CHAPTER 1.  Organization
[OAR Docket #20-365]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. Organization [NEW]
170:1-1-4. Director [REVOKED]
170:1-1-7. Divisions, subdivisions, institutions, units, sections, offices, and positions [AMENDED]
170:1-1-8. Penal institutions [REVOKED]
170:1-1-9. Community corrections centers [REVOKED]
170:1-1-11. Community corrections districts [REVOKED]
170:1-1-14. Public access to public information [REVOKED]
170:1-1-15. Principle office [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-365; filed 4-1-20]

TITLE 170.  Department of Corrections
CHAPTER 10.  Prisoner Public Works Contracts
[OAR Docket #20-366]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. Application and Approval
170:10-3-3. Approval process [AMENDED]
Subchapter 5. Project Administration
170:10-5-5. Medical and dental care [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-366; filed 4-1-20]

TITLE 170.  Department of Corrections
CHAPTER 15.  Private Prison Contractor Compliance Monitoring
[OAR Docket #20-367]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
170:15-1-2. Scope: Initial point of contact [AMENDED]
Subchapter 13. Private Prison Emergency Plans
170:15-13-3. Departmental emergency response reimbursement [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-367; filed 4-1-20]

TITLE 210.  State Department of Education
CHAPTER 10.  School Administration and Instructional Services
[OAR Docket #20-385]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
210:10-1-16. Oklahoma Academic Scholar Recognition [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 30, 2020
[OAR Docket #20-385; filed 4-8-20]

TITLE 210.  State Department of Education
CHAPTER 15.  Curriculum and Instruction
[OAR Docket #20-386]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 13. Special Education
210:15-13-9. Guidelines for minimizing seclusion and restraint of students [NEW]
Subchapter 27. Reading Sufficiency Act
210:15-27-1. Reading Sufficiency Plans and Summer Academy Reading Programs [AMENDED]
210:15-27-2. Good cause exemptions for promotion under the Reading Sufficiency Act [AMENDED]
210:15-27-3. Standards for mid-year promotion of retained third graders [AMENDED]
210:15-27-4. Program of reading instruction [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 30, 2020
[OAR Docket #20-386; filed 4-8-20]

TITLE 210.  State Department of Education
CHAPTER 40.  Grants and Programs-In-Aid
[OAR Docket #20-387]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 87. Charter Schools
210:40-87-7. Charter school contracts [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 30, 2020
[OAR Docket #20-387; filed 4-8-20]

TITLE 310.  Oklahoma State Department of Health
CHAPTER 535.  Immunization Regulations
[OAR Docket #20-323]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. Childhood Immunizations
310:535-1-2 [AMENDED]
310:535-1-3 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-323; filed 3-26-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 2.  Grievance Procedures and Process
[OAR Docket #20-329]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
317:2-1-17 [NEW]
(Reference APA WF # 19-13A)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-329; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 2.  Grievance Procedures and Process
[OAR Docket #20-330]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
317:2-1-2 [AMENDED]
317:2-1-6 [REVOKED]
317:2-1-13 [AMENDED]
317:2-1-18 [NEW]
(Reference APA WF # 19-19A)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-330; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 25.  Soonercare Choice
[OAR Docket #20-357]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 7. SoonerCare
Part 1. General Provisions
317:25-7-2 [AMENDED]
317:25-7-3 [AMENDED]
317:25-7-5 [AMENDED]
Part 3. Enrollment Criteria
317:25-7-10 [AMENDED]
317:25-7-13 [AMENDED]
Part 5. Enrollment Process
317:25-7-25 [AMENDED]
317:25-7-26 [AMENDED]
317:25-7-27 [AMENDED]
317:25-7-28 [AMENDED]
Part 7. Coordination and Continuity of Care
317:25-7-29 [REVOKED]
317:25-7-30 [AMENDED]
Part 9. Reimbursement
317:25-7-40 [AMENDED]
Subchapter 9. Health Access Networks
317:25-9-1 [AMENDED]
317:25-9-2 [AMENDED]
317:25-9-3 [AMENDED]
Subchapter 11. Health Management Program [NEW]
317:25-11-1 [NEW]
317:25-11-2 [NEW]
317:25-11-3 [NEW]
(Reference APA WF # 19-41A)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-357; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-331]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. General Provider Policies
Part 4. Early and Periodic Screening, Diagnosis Diagnostic and Treatment (EPSDT) Program/Child-Health Services
317:30-3-65.12 [NEW]
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-2 [AMENDED]
Part 35. Rural Health Clinics
317:30-5-355.1 [AMENDED]
317:30-5-357 [AMENDED]
Part 37. Advanced Practice Registered Nurse
317:30-5-376 [AMENDED]
Part 75. Federally Qualified Health Centers
317:30-5-664.1 [AMENDED]
Part 108. Nutrition Services
317:30-5-1076 [AMENDED]
Part 110. Indian Health Services, Tribal Programs, and Urban Indian Clinics (I/T/Us)
317:30-5-1090 [AMENDED]
Part 112. Public Health Clinic Services
317:30-5-1154 [AMENDED]
(Reference APA WF # 19-03)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-331; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-332]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 83. Residential Behavior Management ServicesTherapeutic Foster Care
317:30-5-740 [AMENDED]
317:30-5-740.1 [AMENDED]
317:30-5-740.2 [AMENDED]
317:30-5-741 [AMENDED]
317:30-5-742 [AMENDED]
317:30-5-742.1 [AMENDED]
317:30-5-742.2 [AMENDED]
317:30-5-743.1 [AMENDED]
317:30-5-744 [AMENDED]
317:30-5-745 [AMENDED]
317:30-5-746 [AMENDED]
Part 84. Intensive Treatment Family Care [NEW]
317:30-5-750 [NEW]
317:30-5-750.1 [NEW]
317:30-5-750.2 [NEW]
317:30-5-751 [NEW]
317:30-5-752 [NEW]
317:30-5-753 [NEW]
317:30-5-754 [NEW]
317:30-5-755 [NEW]
317:30-5-756 [NEW]
317:30-5-757 [NEW]
(Reference APA WF # 19-05)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-332; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-333]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 3. Hospitals
317:30-5-42.1 [AMENDED]
Part 109. Diabetes Self-Management Training [NEW]
317:30-5-1080 [NEW]
317:30-5-1081 [NEW]
317:30-5-1082 [NEW]
317:30-5-1083 [NEW]
317:30-5-1084 [NEW]
(Reference APA WF # 19-06)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-333; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-334]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. General Provider Policies
Part 1. General Scope and Administration
317:30-3-27 [AMENDED]
(Reference APA WF # 19-08)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-334; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-335]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-22.1 [AMENDED]
Part 3. Hospitals
317:30-5-42.11 [AMENDED]
(Reference APA WF # 19-12)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-335; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-336]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 9. Long-Term Care Facilities
317:30-5-132 [AMENDED]
317:30-5-132.1 [NEW]
317:30-5-132.2 [NEW]
317:30-5-136.1 [AMENDED]
(Reference APA WF # 19-13B)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-336; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-337]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 35. Rural Health Clinics
317:30-5-359.1 [AMENDED]
317:30-5-359.2 [AMENDED]
(Reference APA WF # 19-15)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-337; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-338]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 21. Outpatient Behavioral Health Agency Services
317:30-5-241.6 [AMENDED]
(Reference APA WF # 19-16)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-338; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-339]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 5. Pharmacies
317:30-5-86 [AMENDED]
(Reference APA WF # 19-18)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-339; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-340]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 5. Pharmacies
317:30-5-77.2 [AMENDED]
317:30-5-77.3 [AMENDED]
317:30-5-77.4 [NEW]
(Reference APA WF # 19-19B)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-340; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-341]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. General Provider Policies
Part 1. General Scope and Administration
317:30-3-5 [AMENDED]
Subchapter 5. Individual Providers and Specialties
Part 5. Pharmacies
317:30-5-72 [AMENDED]
317:30-5-77.1 [AMENDED]
(Reference APA WF # 19-20)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-341; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-342]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-20 [AMENDED]
317:30-5-20.1 [AMENDED]
(Reference APA WF # 19-24)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-342; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-343]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-20.2 [NEW]
(Reference APA WF # 19-25)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-343; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-344]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 33. Transportation by Ambulance
317:30-5-344 [NEW]
(Reference APA WF # 19-27)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-344; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-345]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 6. Inpatient Psychiatric Services
317:30-5-94 [NEW]
317:30-5-95 [AMENDED]
317:30-5-95.4 [AMENDED]
317:30-5-95.14 [AMENDED]
317:30-5-95.22 [AMENDED]
317:30-5-95.24 [AMENDED]
317:30-5-95.29 [AMENDED]
317:30-5-95.30 [AMENDED]
317:30-5-95.31 [AMENDED]
317:30-5-95.33 [AMENDED]
317:30-5-95.34 [AMENDED]
317:30-5-95.35 [AMENDED]
317:30-5-95.37 [AMENDED]
317:30-5-95.38 [AMENDED]
317:30-5-95.40 [AMENDED]
317:30-5-95.41 [AMENDED]
317:30-5-95.42 [AMENDED]
317:30-5-96.2 [AMENDED]
317:30-5-96.3 [AMENDED]
(Reference APA WF # 19-32)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-345; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-346]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 80. Mobile and/or Portable Dental Treatment Facilities [NEW]
317:30-5-706 [NEW]
317:30-5-707 [NEW]
317:30-5-708 [NEW]
317:30-5-709 [NEW]
317:30-5-710 [NEW]
317:30-5-711 [NEW]
(Reference APA WF # 19-37]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-346; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-347]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 8. Rehabilitation Hospitals
317:30-5-111 [AMENDED]
(Reference APA WF # 19-42)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-347; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-348]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
317:30-1-3 [AMENDED]
317:30-1-4 [NEW]
(Reference APA WF # 19-43A)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-348; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-349]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 62. Private Duty Nursing
317:30-5-555 [AMENDED]
317:30-5-556 [AMENDED]
317:30-5-558 [AMENDED]
(Reference APA WF # 19-45)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-349; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-350]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. General Provider Policies
Part 4. Early and Periodic Screening, DiagnosisDiagnostic and Treatment (EPSDT) Program/Child-Health Services
317:30-3-65 [AMENDED]
Subchapter 5. Individual Providers and Specialties
Part 103. Qualified Schools as Providers of Health-Related Services
317:30-5-1022 [REVOKED]
317:30-5-1023 [AMENDED]
317:30-5-1024 [REVOKED]
317:30-5-1025 [REVOKED]
317:30-5-1026 [AMENDED]
317:30-5-1027 [AMENDED]
(Reference APA WF # 19-46)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-350; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #20-351]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Individual Providers and Specialties
Part 79. Dentists
317:30-5-695 [AMENDED]
317:30-5-696 [AMENDED]
317:30-5-698 [AMENDED]
317:30-5-699 [AMENDED]
317:30-5-700 [AMENDED]
317:30-5-700.1 [AMENDED]
317:30-5-704 [AMENDED]
317:30-5-705 [AMENDED]
(Reference APA WF # 19-47)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-351; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #20-352]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 6. Soonercare for Pregnant Women and Families with Children
Part 5. Determination of Eligibility for Soonercare Health Benefits for Pregnant Women and Families with Children
317:35-6-45 [NEW]
(Reference APA WF # 19-09)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-352; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #20-353]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Eligibility and Countable Income
Part 5. Countable Income and Resources
317:35-5-41.1 [AMENDED]
317:35-5-42 [AMENDED]
Subchapter 7. Medical Services
Part 5. Determination of Eligibility for Medical Services
317:35-7-40 [AMENDED]
(Reference APA WF # 19-26)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-353; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #20-354]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 9. ICF/IID, HCBW/IID, and Individuals Age 65 or Older in Mental Health Hospitals
Part 7. Determination of Financial Eligibility
317:35-9-68 [AMENDED]
Subchapter 19. Nursing Facility Services
317:35-19-21 [AMENDED]
(Reference APA WF # 19-29)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-354; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #20-355]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 15. Personal Care Services
317:35-15-8.2 [NEW]
Subchapter 17. Advantage Waiver Services
317:35-17-1 [AMENDED]
317:35-17-3 [AMENDED]
(Reference APA WF # 19-34)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-355; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #20-356]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
317:35-1-2 [AMENDED]
(Reference APA WF # 19-43B)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-356; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 40.  Developmental Disabilities Services
[OAR Docket #20-358]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 9. Self-Directed Services
317:40-9-1 [AMENDED]
(Reference APA WF # 19-35)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-358; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 45.  Insure Oklahoma
[OAR Docket #20-359]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 9. Insure Oklahoma ESI Employee Eligibility
317:45-9-4 [AMENDED]
Subchapter 11. Insure Oklahoma IP
Part 5. Insure Oklahoma IP Member Eligibility
317:45-11-24 [AMENDED]
(Reference APA WF # 19-10)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-359; filed 3-31-20]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 45.  Insure Oklahoma
[OAR Docket #20-360]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 9. Insure Oklahoma ESI Employee Eligibility
317:45-9-1.1 [NEW]
Subchapter 11. Insure Oklahoma IP
Part 1. Individual Plan Providers
317:45-11-2 [AMENDED]
Part 5. Insure Oklahoma IP Member Eligibility
317:45-11-21.1 [NEW]
317:45-11-22 [AMENDED]
(Reference APA WF # 19-41B)
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-360; filed 3-31-20]

TITLE 320.  Oklahoma Historical Society
CHAPTER 15.  Oklahoma Heritage Preservation Grant Program
[OAR Docket #20-328]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
320:15-1-3 [AMENDED]
Subchapter 2. Grant Applications
320:15-2-1 [AMENDED]
320:15-2-2 [AMENDED]
320:15-2-3 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-328; filed 3-31-20]

TITLE 325.  Oklahoma Horse Racing Commission
CHAPTER 80.  Gaming Licensing Requirements
[OAR Docket #20-369]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
325:80-1-2. Definitions [AMENDED]
Subchapter 13. Requirements for Key Executive License or Gaming Employee License and Amendments to Any Employee License
325:80-13-6. Employee Licenses - Refusal to issue or denial and license termination upon loss of employment [AMENDED]
Subchapter 15. Requirements for Independent Testing Laboratory License
325:80-15-1. Application Required [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-369; filed 4-1-20]

TITLE 325.  Oklahoma Horse Racing Commission
CHAPTER 85.  Gaming Machine Specifications and Use and Operation Requirements
[OAR Docket #20-370]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
325:85-1-2. Definitions [AMENDED]
Subchapter 15. Use and Operation Requirements Applicable to Electronic Amusement Games, Electronic Bonanza-Style Bingo Games and Electronic Instant Bingo Games
325:85-15-14. Logic compartment [AMENDED]
Subchapter 20. Use and Operation Requirements Applicable to Compact Electronic Games and Non-Compact Electronic Games
325:85-20-6. Logic compartment [AMENDED]
Subchapter 25. Transportation, Receipt, Installation and Disposal of Gaming Machines
325:85-25-2. Transportation of gaming machines into the state [AMENDED]
325:85-25-3. Receipt Delivery of gaming machines in the state to gaming facilities [AMENDED]
325:85-25-4. Transportation of gaming machines between Commission licensed gaming facilities in the state [AMENDED]
325:85-25-5. Approval to distribute Removal of gaming machines outside of the state [AMENDED]
325:85-25-6. On-site testing, installation and placement of gaming machines - including each player terminal and each game [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-370; filed 4-1-20]

TITLE 325.  Oklahoma Horse Racing Commission
CHAPTER 90.  Gaming Operations
[OAR Docket #20-371]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Unresolved Patron Disputes
325:90-5-1. Unresolved patron disputes [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-371; filed 4-1-20]

TITLE 365.  Insurance Department
CHAPTER 10.  Life, Accident and Health
[OAR Docket #20-319]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 5. Minimum Standards; Contract Guidelines
Part 13. Medicare Supplement Insurance Minimum Standards
365:10-5-129.1. Guaranteed Issue for Eligible Persons [AMENDED]
365:10-5-132. Filing and approval of policies and certificates and premium rates [AMENDED]
Appendix C. Rescission Reporting Form for Long-Term Care Policies [REVOKED]
Appendix C. Rescission Reporting Form for Long Term Care [NEW]
Appendix F. Credit Insurance [REVOKED]
Appendix F. Credit Insurance Deviation Request Form [NEW]
Appendix H. Inventory Credit Life and Disability Presumptive Rates [REVOKED]
Appendix H. Inventory Credit Life & Disability Presumptive Rates [NEW]
Appendix J. Credit Life Insurance Experience Report [REVOKED]
Appendix J. Credit Life Insurance Experience Report [NEW]
Appendix K. Credit Disability Insurance Experience Report [REVOKED]
Appendix K. Credit Disability Insurance Experience Report [NEW]
Appendix M. Credit Disability Insurance Experience Report [REVOKED]
Appendix M. Credit Disability Insurance Experience Report [NEW]
Appendix N. Credit Life Insurance Experience Reconciliation to State Page [REVOKED]
Appendix N. Credit Life Insurance Experience Reconciliation to State [NEW]
Appendix O. Credit Disability Insurance Experience Reconciliation to State Page [REVOKED]
Appendix O. Credit Disability Insurance Experience Reconciliation to State [NEW]
Appendix QQ. External Review Request Form [REVOKED]
Appendix QQ. External Review Request Form [NEW]
Appendix RR. Application for Registration as an Independent review organization [REVOKED]
Appendix RR. Application for Registration as an Independent Review Organization [NEW]
Appendix SS. Independent review organization external review annual report form [REVOKED]
Appendix SS. Independent Review Organization External Review Annual Report [NEW]
Appendix TT. Health Carrier External Review Annual Report Form [REVOKED]
Appendix TT. Health Carrier External Review Annual Report Form [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-319; filed 3-26-20]

TITLE 365.  Insurance Department
CHAPTER 15.  Property and Casualty
[OAR Docket #20-320]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Appendix C. Excess Consent Rate Application [REVOKED]
Appendix C. Excess Consent Rate Application [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-320; filed 3-26-20]

TITLE 365.  Insurance Department
CHAPTER 25.  Other Licensees
[OAR Docket #20-321]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 7. Companies
Part 17. Corporate Governance [NEW]
365:25-7-90. Authority [NEW]
365:25-7-91. Purpose [NEW]
365:25-7-92. Definitions [NEW]
365:25-7-93. Filing procedures [NEW]
365:25-7-94. Contents of Corporate Governance Annual Disclosure [NEW]
365:25-7-95. Severability clause [NEW]
Part 19. Annual financial reporting [NEW]
365:25-7-100. Authority [NEW]
365:25-7-101. Purpose and scope [NEW]
365:25-7-102. Definitions [NEW]
365:25-7-103. General requirements related to filing and extensions for filing of annual audited financial reports and audit committee reports [NEW]
365:25-7-104. Contents of annual audited financial report [NEW]
365:25-7-105. Designation of independent certified public accountant [NEW]
365:25-7-106. Qualifications of independent certified public accountant [NEW]
365:25-7-107. Consolidated or combined audits [NEW]
365:25-7-108. Scope of audit and report of independent certified public accountant [NEW]
365:25-7-109. Notification of adverse financial condition [NEW]
365:25-7-110. Communication of internal control related matters noted in audit [NEW]
365:25-7-111. Accountant's letter of qualifications [NEW]
365:25-7-112. Definition, availability and maintenance of independent certified public accountants work papers [NEW]
365:25-7-113. Requirements for audit committees [NEW]
365:25-7-114. Internal audit function requirements [NEW]
365:25-7-115. Conduct of insurer in connection with the preparation of required reports and documents [NEW]
365:25-7-116. Management's report of internal control over financial reporting [NEW]
365:25-7-117. Exemptions and effective dates [NEW]
365:25-7-118. Canadian and British companies [NEW]
365:25-7-119. Severability provision [NEW]
Subchapter 29. Pharmacy Benefits Managers
365:25-29-1. Purpose [AMENDED]
365:25-29-2. Scope [AMENDED]
365:25-29-3. Authority [AMENDED]
365:25-29-4. Definitions [AMENDED]
365:25-29-5. Forms and contents of application for PBM license [AMENDED]
365:25-29-6. Surety bond [AMENDED]
365:25-29-7.1. Retail pharmacy network access [NEW]
365:25-29-9. Contractual requirements - maximum allowable costs [AMENDED]
365:25-29-10. Penalty for noncompliance [AMENDED]
365:25-29-12. Commissioner's authority - advisory committee [NEW]
365:25-29-13. Claims payment [NEW]
365:25-29-14. Inquiry/complaint handling process [NEW]
365:25-29-15. Examinations of PBMs and health insurers [NEW]
Appendix B. Form B: Oklahoma Insurance Holding Company System Registration Statement [REVOKED]
Appendix B. Form B: Oklahoma Insurance Holding Company System Registration Statement [NEW]
Appendix D. Fidelity Bond [REVOKED]
Appendix D. Fidelity Bond [NEW]
Appendix E. Application to Withdraw Funds Deposited for Prepaid Funeral Expenses [REVOKED]
Appendix E. Application to withdraw funds deposited for prepaid funeral expenses [NEW]
Appendix F. Buyers Application to Terminate Contract or Withdraw Funds Previously Deposited for Prepaid Funeral Benefits Under a Non-Specified or Guaranteed Contract [REVOKED]
Appendix F. Buyers application to terminate contract or withdraw funds previously deposited for prepaid funeral benefits under a non-specified or guaranteed contract [NEW]
Appendix G. Annual Report [REVOKED]
Appendix G. Annual report Form PF-1-a filed in accordance with 36 O.S. § 6128 for prepaid funeral benefits and funds [NEW]
Appendix H. Annual Statement of Financial Condition (Reconciliation of Trust Accounts) [REVOKED]
Appendix H. Annual statement of financial condition (reconciliation of trust accounts) [NEW]
Appendix N. Form C: Summary of Registration Statement [REVOKED]
Appendix N. Form C: Summary of registration statement [NEW]
Appendix O. Form D: Prior Notice of a Transaction [REVOKED]
Appendix O. Form D: Prior notice of a transaction [NEW]
Appendix Q. Form E [REVOKED]
Appendix Q. Form E [NEW]
Appendix R. Conversion From Pre-Paid Funeral Trust to Insurance Funded Contracts [REVOKED]
Appendix R. Conversion from pre-paid funeral trust to insurance funded contracts [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-321; filed 3-26-20]

TITLE 380.  Department of Labor
CHAPTER 55.  Amusement Ride Safety Rules
[OAR Docket #20-316]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 15. Waiver Self-Inspections
380:55-15-2 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-316; filed 3-26-20]

TITLE 380.  Department of Labor
CHAPTER 70.  Elevator Safety Act
[OAR Docket #20-317]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
380:70-1-2 [AMENDED]
Subchapter 3. Administration
380:70-3-4 [AMENDED]
380:70-3-9 [AMENDED]
Subchapter 5. Licenses
380:70-5-1 [AMENDED]
380:70-5-2 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-317; filed 3-26-20]

TITLE 380.  Department of Labor
CHAPTER 75.  Alarm and Locksmith Industry Rules
[OAR Docket #20-318]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. License Requirements
380:75-3-2 [AMENDED]
380:75-3-3 [AMENDED]
Subchapter 5. Special Provisions
380:75-5-1 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 26, 2020
[OAR Docket #20-318; filed 3-26-20]

TITLE 465.  Oklahoma Motor Vehicle Commission
CHAPTER 10.  License
[OAR Docket #20-364]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. License IdentificationLicenses and ChangesRegistration
465:10-3-1 [AMENDED]
465:10-3-3 [AMENDED]
465:10-3-5 [AMENDED]
465:10-3-6 [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-364; filed 3-31-20]

TITLE 655.  Secretary of State
CHAPTER 25.  Notary Public
[OAR Docket #20-376]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
655:25-1-1.1. Availability of forms and instructions [AMENDED]
655:25-1-2. Application for commission as a notary public; renewal [AMENDED]
655:25-1-5. Bond, oaths, signatures, and seal; failure to file [AMENDED]
655:25-1-5.1. Term of notary commission [NEW]
655:25-1-8. Electronic notarization and seal [NEW]
Subchapter 3. Revocation, Resignation, and Death
655:25-3-1. Revocation [AMENDED]
655:25-3-2. Resignation [AMENDED]
655:25-3-3. Death [AMENDED]
Subchapter 5. Seal
655:25-5-2. Official seal [AMENDED]
655:25-5-3. Lost journal or stolen seal [AMENDED]
Subchapter 7. Change of Name or Address [NEW]
655:25-7-1. Change of address [NEW]
655:25-7-2. Change of name [NEW]
Subchapter 11. Remote Online Notarization [NEW]
655:25-11-1. Purpose [NEW]
655:25-11-2. Definitions [NEW]
655:25-11-3. Registration to perform remote online notarizations [NEW]
655:25-11-4. Electronic signature and electronic seals [NEW]
655:25-11-5. Standards for identity verification [NEW]
655:25-11-6. Standards for communication technology [NEW]
655:25-11-7. Certificate of notarial act for remote online notarizations [NEW]
655:25-11-8. Record retention and depositories [NEW]
Appendix A. Contents and Sufficiency of Certificates of Remote Online Notarial Acts [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-376; filed 4-6-20]

TITLE 655.  Secretary of State
CHAPTER 35.  Certification Authorities
[OAR Docket #20-377]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions [NEW]
655:35-1-1. Purpose [NEW]
Subchapter 3. Reciprocity [NEW]
655:35-3-1. Reciprocity [NEW]
655:35-3-2. Lapse of out-of-state license [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-377; filed 4-6-20]

TITLE 660.  Department of Securities
CHAPTER 2.  Organization and Procedures of Department of Securities
[OAR Docket #20-378]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
660:2-1-1. Purpose [AMENDED]
660:2-1-3. Definitions [AMENDED]
Subchapter 5. Authority and Actions of Administrator
660:2-5-1. Official actionactions [AMENDED]
660:2-5-4. Summary orders [REVOKED]
Subchapter 7. Investigations
660:2-7-3. Investigative processes [AMENDED]
Subchapter 9. Individual Proceeding Practices and Procedures
660:2-9-1. Hearings in general [AMENDED]
660:2-9-3. Prehearing proceedings and processes [AMENDED]
660:2-9-4. Authority to subpoena witnesses [AMENDED]
660:2-9-5. Representation [AMENDED]
660:2-9-6. Conduct of individual proceeding [AMENDED]
Subchapter 11. Procedures for Inspecting and/or Copying Public Records
660:2-11-4. Hours of inspection [AMENDED]
660:2-11-5. Procedures for inspection of records [AMENDED]
660:2-11-6. Procedures for copying records [AMENDED]
660:2-11-7. Fees [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-378; filed 4-6-20]

TITLE 660.  Department of Securities
CHAPTER 6.  Forms
[OAR Docket #20-379]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. Forms for General Purposes
660:6-3-1. Forms to inspect or copy records [AMENDED]
660:6-3-2. Forms to file a complaint [AMENDED]
Subchapter 5. Forms Used Under the Securities Act
660:6-5-1. Forms for Registration or Exemption of Securities [AMENDED]
660:6-5-2. Forms for securities industry registration Licensing forms [AMENDED]
Subchapter 9. Forms Used Under the Land Sales Act
660:6-9-1. Forms for registration of subdivided land [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-379; filed 4-6-20]

TITLE 660.  Department of Securities
CHAPTER 11.  Oklahoma Uniform Securities Act of 2004
[OAR Docket #20-380]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
660:11-1-3. Definitions [AMENDED]
Subchapter 5. Broker-Dealers and Agents
Part 1. General Provisions
660:11-5-2. Definitions [AMENDED]
Part 3. Licensing Procedures
660:11-5-14. Agent termination [AMENDED]
660:11-5-21. Supplemental disclosures [AMENDED]
660:11-5-26. Merger and acquisition broker exemption [NEW]
Part 7. Record Keeping and Ethical Standards
660:11-5-42. Standards of ethical practices for broker-dealers and their agents [AMENDED]
Subchapter 7. Investment Advisers and Investment Adviser Representatives
Part 1. General Provisions
660:11-7-2. Definitions [AMENDED]
Part 3. Licensing Procedures
660:11-7-11. Initial registration [AMENDED]
660:11-7-14. Investment adviser representative termination [NEW]
660:11-7-20. Supplemental disclosures [AMENDED]
660:11-7-21. Errors and omissions coverage [NEW]
Part 5. Reporting Requirements
660:11-7-31. Post-registration reporting requirements [AMENDED]
Part 7. Record Keeping and Ethical Standards
660:11-7-41. Record keeping requirements [AMENDED]
660:11-7-42. Standards of ethical practices [AMENDED]
660:11-7-46. Information security and privacy [NEW]
Subchapter 9. Registration of Securities
Part 5. Guidelines and Policies Applicable to Offerings of Registered Securities
660:11-9-31. Prospectus delivery requirement [AMENDED]
660:11-9-33. Special requirements for promotional or developmental development stage companies [AMENDED]
660:11-9-36. Promoters' and organizers' equity contributions [AMENDED]
Subchapter 11. Exemptions from Securities Registration
Part 1. General Provisions
660:11-11-1. Definitions [AMENDED]
Part 5. Exempt Transactions
660:11-11-40. Manual exemption [AMENDED]
660:11-11-52. Oklahoma Accredited Investor Exemption [AMENDED]
660:11-11-53. Exemption for offers but not sales [AMENDED]
Subchapter 15. Miscellaneous Provisions
660:11-15-2. Protection from financial exploitation [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-380; filed 4-6-20]

TITLE 660.  Department of Securities
CHAPTER 20.  Oklahoma Subdivided Land Sales Code
[OAR Docket #20-381]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
660:20-1-3. Definitions [AMENDED]
Subchapter 3. Registration of Subdivided Land
660:20-3-4. Renewal procedures [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-381; filed 4-6-20]

TITLE 660.  Department of Securities
CHAPTER 25.  Oklahoma Business Opportunity Sales Act
[OAR Docket #20-382]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. General Provisions
660:25-1-3. Definitions [AMENDED]
Subchapter 5. Sales Literature or Advertising
660:25-5-1. Filing of sales literature [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
April 1, 2020
[OAR Docket #20-382; filed 4-6-20]

TITLE 725.  Oklahoma Tourism and Recreation Department
CHAPTER 15.  Fiscal, Personnel and General Operations
[OAR Docket #20-361]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 33. Oklahoma Tourism Development Act Tax Credit Program
725:15-33-8. Necessity, function, and conformity [AMENDED]
725:15-33-9. Definitions [AMENDED]
725:15-33-11. Oklahoma Tourism Development Act Tax Credit Program application Application [AMENDED]
725:15-33-12. Final Approval [AMENDED]
725:15-33-13. Application form [AMENDED]
725:15-33-14. Appeals [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-361; filed 3-31-20]

TITLE 725.  Oklahoma Tourism and Recreation Department
CHAPTER 30.  Division of State Parks
[OAR Docket #20-362]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 22. Concession Leases and Commercial Use
725:30-22-1. Purpose and authority [AMENDED]
725:30-22-1.1. Examination [AMENDED]
725:30-22-1.2. Definitions [NEW]
725:30-22-2. Bidding process [AMENDED]
725:30-22-3. Evaluation of proposals bids and award of contracts [AMENDED]
725:30-22-4. General lease agreement requirements [AMENDED]
725:30-22-5. Lease agreement modifications [AMENDED]
725:30-22-6. Commercial use, Concessions and permits Permits [AMENDED]
725:30-22-7. Capital improvements Repairs and improvements in lieu of royalties [AMENDED]
725:30-22-8. Grievance process [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-362; filed 3-31-20]

TITLE 725.  Oklahoma Tourism and Recreation Department
CHAPTER 35.  The Oklahoma Film and Music Office
[OAR Docket #20-363]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. The Oklahoma Film Enhancement Rebate Program
725:35-1-1. Purpose [AMENDED]
725:35-1-2. Definitions [AMENDED]
725:35-1-3. Program requirements and qualification [AMENDED]
725:35-1-4. Items not eligible for rebate [AMENDED]
725:35-1-5. Procedures for submission and review of rebate claims [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-363; filed 3-31-20]

TITLE 780.  Oklahoma Department of Career and Technology Education
CHAPTER 10.  Administration and Supervision
[OAR Docket #20-374]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 9. Service Contracts and Equipment Guidelines
780:10-9-2 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-374; filed 4-6-20]

TITLE 780.  Oklahoma Department of Career and Technology Education
CHAPTER 20.  Programs and Services
[OAR Docket #20-375]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 3. Secondary, Full-Time and Short-Term Adult Careertech Programs
780:20-3-2 [AMENDED]
780:20-3-3 [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
March 31, 2020
[OAR Docket #20-375; filed 4-6-20]


Emergency Adoptions
"If an agency finds that a rule is necessary as an emergency measure, the rule may be promulgated" if the Governor approves the rules after determining "that the rule is necessary as an emergency measure to do any of the following:
a. protect the public health, safety or welfare,
b. comply with deadlines in amendments to an agency’s governing law or federal programs,
c. avoid violation of federal law or regulation or other state law,
d. avoid imminent reduction to the agency’s budget, or
e. avoid serious prejudice to the public interest." [75 O.S., Section 253(A)]
An emergency rule is considered promulgated immediately upon approval by the Governor, and effective immediately upon the Governor’s approval or a later date specified by the agency in the emergency rule document. An emergency rule expires on September 15 following the next regular legislative session after its promulgation, or on an earlier date specified by the agency, if not already superseded by a permanent rule or terminated through legislative action as described in 75 O.S., Section 253(H)(2).
Emergency rules are not published in the Oklahoma Administrative Code; however, a source note entry, which cites to the Register publication of the emergency action, is added to the Code upon promulgation of a superseding permanent rule or expiration/termination of the emergency action.
For additional information on the emergency rulemaking process, see 75 O.S., Section 253.

TITLE 310.  Oklahoma State Department of Health
CHAPTER 677.  Nurse Aide Training and Certification
[OAR Docket #20-383]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 1. General Provisions
310:677-1-7 [NEW]
AUTHORITY:
Oklahoma State Commissioner of Health; Title 63 O.S. Section 1-104; Oklahoma Executive Department's Third Amended Executive Order 2020-07.
COMMENT PERIOD:
None
PUBLIC HEARING:
None
ADOPTION:
April 1, 2020
EFFECTIVE:
Immediately upon Governor's approval.
APPROVED BY GOVERNOR:
April 6, 2020
EXPIRATION:
Effective through September 14, 2021, unless superseded by another rule or disapproved, by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
n/a
FINDING OF EMERGENCY:
The purpose of the rule is to address impending and actual staffing shortages among those health care providers that are required to employ certified nurse aides, medication aides and technicians, and feeding assistants. During the emergency, access to training and testing for these occupations is limited or non-existent. Demand for staffing has increased based on restrictions on communal dining, staff screening, and the COVID19 virus. This emergency rule identifies procedures for facilities to document that a licensed health care professional has verified the new employee demonstrated competency in a skill prior to assignment.
GIST/ANALYSIS:
To address impending and actual staffing shortages among those health care providers that are required to employ certified nurse aides, medication aides and technicians, and feeding assistants. During the emergency, access to training and testing for these occupations is limited or non-existent. Demand for staffing has increased based on restrictions on communal dining, staff screening, and the COVID19 virus.
This emergency rule seeks enactment under the emergency rule making authority established in the Oklahoma Executive Department's Third Amended Executive Order 2020-07, and would be effective immediately upon approval by the Governor and valid for the duration of the emergency declaration, except where time limited by the Administrative Procedures Act at 75 O.S. § 253. Nothing in this emergency rule supersedes the requirements in statute in Title 63 of the Public Health Code relating to the employment and certification of nurse aides. Title 63 O.S. § 1-1951(A)(2) authorizes the Department to approve nurse aide training and competency programs including, but not limited to, education-based programs and employer-based programs. Where a nursing facility, specialized facility for individuals with developmental disabilities, continuum of care facility, assisted living center, adult day care center or residential care home, a facility operated by the Oklahoma Department of Veterans Affairs, home health agency, or hospice agency meets the requirements specified in law, this emergency rule grants presumptive approval of an employer based nurse aide training program.
Title 63 O.S. § 1-1950.3 authorizes the issuance of temporary emergency nurse aide training waivers. This emergency rule grants presumptive approval of temporary emergency waivers for the employment of nurse aide trainees in employer based nurse aide training programs, where said programs meet the requirements specified in law.
The rule establishes procedures for facilities to document that the required training is provided consistent with the established curriculum and that a licensed health care professional has verified the new employee demonstrated competency in a skill prior to working.
This emergency rule would not waive the employment screening requirements established under the Long Term Care Security Act, Title 63 O.S. 1-1944 et seq.
CONTACT PERSON:
Audrey C. Talley, Agency Rules Liaison, Oklahoma State Department of Health, 1000 N.E. 10th Street, Oklahoma City, OK 73117-1207; phone (405) 271-9444 ext. 56535 e-mail: AudreyT@health.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(F):
SUBCHAPTER 1.  General Provisions
310:677-1-7.  Presumptive approval of nurse aide training programs and emergency training exception for unlicensed health professionals and feeding assistants during the state of emergency caused by COVID-19
(a)    This section of rule is enacted under the emergency rule making authority established in the Oklahoma Executive Department's Third Amended Executive Order 2020-07.
(b)    This rule is shall be effective immediately upon approval by the Governor and valid for the duration of the emergency declaration in Executive Order 2020-07, as amended, except where time limited by the Administrative Procedures Act at 75 O.S. § 253.
(c)    Nothing in this emergency rule supersedes the requirements in statute in Title 63 of the Public Health Code relating to the employment and certification of nurse aides.
(d)    Title 63 O.S. § 1-1951(A)(2) authorizes the Department to approve nurse aide training and competency programs including, but not limited to, education-based programs and employer-based programs. Where a nursing facility, specialized facility for individuals with developmental disabilities, continuum of care facility, assisted living center, adult day care center or residential care home, a facility operated by the Oklahoma Department of Veterans Affairs, home health agency, or hospice agency meets the requirements specified in law, this emergency rule grants presumptive approval of an employer based nurse aide training program.
(e)    Title 63 O.S. § 1-1950.3 authorizes the issuance of temporary emergency nurse aide training waivers. This emergency rule grants presumptive approval of temporary emergency waivers for the employment of nurse aide trainees in employer based nurse aide training programs, where said programs meet the requirements specified in law.
(f)    The following requirements of this Chapter are suspended for this emergency for those facilities operating under the presumptive approval authority of this section: OAC 310:677-1-6, temporary emergency waiver; OAC 310:677-3-3, application; OAC 310:677-3-4(b), relating to disqualifying criteria for training program approval; and OAC 310:677-13-1, relating to prior certification of medication aides. The requirements at OAC 310:677-13-8(a)(3) and (4), relating to certification of medication aides as nurse aides and experience, are not applicable to the medication aide in training, with the exception that no trainee may have an abuse notation.
(g)    Facilities with presumptive approval shall provide curriculum and skills assessments for their applicable training program consistent with the curriculum and skill assessment requirements specified in this Chapter and the following:
(1)    Document training progress in the applicant's training record;
(2)    Document in the training record the time spent in training in each of the required areas;
(3)    Document satisfactory completion of applicable skill elements on the Skills Performance Checklist or Medication Skills Checklist, provided by the Department;
(4)    When a skill element has been documented to have been demonstrated at satisfactory competency the trainee is authorized to perform the task; and
(5)    An appropriate licensed health care professional documents and signs to acknowledge the training in competencies and demonstration of satisfactory performance for each skill.
(h)    Unlicensed health professionals under this section seeking certification may, at any time, but not later than 120 days following the lifting of the declaration of emergency, submit a training exception request and sit for the competency examination pursuant to OAC 310:677-1-3(c).
(i)    The requirements for issuance of certificates, registration and registration renewal for feeding assistants, as specified in Subchapter 19 of Chapter 675 of this Title, are suspended for the duration of the emergency declaration. Nursing facilities employing feeding assistants should continue to provide the feeding assistant eight hours of training as evidenced by signed statements from authorized facility staff, as established at Subchapter 19 of Chapter 675 of this Title.
(j)    Unlicensed health professionals and feeding assistants addressed in this section remain subject to the requirements of the Long Term Care Security Act, 63 O.S. 1-1944 et seq. Nurse aide trainees shall be enrolled in OK-SCREEN, the Departments' web based employee screening portal, in the position category of "Technical, Unlicensed Health Care," and in the position of "Nurse Aide in Training." This enrollment shall serve as the registry for nurse aide trainees, as required in 63 O.S. 1-1951.
(k)    Unlicensed health professionals and feeding assistants addressed in this section remain subject to all applicable state and federal law and rule prescribing conduct for a nurse aide, home health or hospice aide, medication aide or technician, or feeding assistant; that prohibit abuse, neglect, exploitation or misappropriation; and reporting requirements to applicable authorities and the Department for violations of those provisions.
(l)    An applicant actively certified on another State's nurse aide registry as a nurse aide, home health aide, or medication aide, is presumptively approved for reciprocity of their certification to Oklahoma and may be employed. Maintain validation of the employee's certification from another state in their personnel record.
[OAR Docket #20-383; filed 4-7-20]


Executive Orders
As required by 75 O.S., Sections 255 and 256, Executive Orders issued by the Governor of Oklahoma are published in both the Oklahoma Register and the Oklahoma Administrative Code. Executive Orders are codified in Title 1 of the Oklahoma Administrative Code.
Pursuant to 75 O.S., Section 256(B)(3), "Executive Orders of previous gubernatorial administrations shall terminate ninety (90) calendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order."

TITLE 1.  EXECUTIVE ORDERS
1:2020-7H.  
Eighth Amended Executive Order 2020-7
On April 2, 2020, the 879th case of a novel coronavirus ("COVID-19"), was confirmed in the State of Oklahoma. As noted in a previous Executive Order, the United States Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 as "high" both globally and in the United States. In addition, on March 14, 2020, the President of the United States declared a national health emergency in the United States as a result of the national spread of COVID-19.
As COVID-19's impact continues to evolve, it is important to take measures to protect all Oklahomans against this threat. Therefore, I believe, after consultation with numerous health experts within my administration, it is now necessary to provide for the rendering of mutual assistance among the State and political subdivisions of the State and to cooperate with the Federal government with respect to carrying out emergency functions during the continuance of the State emergency pursuant to the provisions of the Oklahoma Emergency Management Act of 2003.
Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, hereby declare and order the following:
   1. There is hereby declared an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health, and safety. The counties included in this declaration are:
 
All 77 Oklahoma Counties
 
   2. The State Emergency Operations Plan has been activated, and resources of all State departments and agencies available to meet this emergency are hereby committed to the reasonable extent necessary to prepare for and respond to COVID-19 and to protect the health and safety of the public. These efforts shall be coordinated by the Director of the Department of Emergency Management with comparable functions of the federal government and political subdivisions of the State.
   3. State agencies, in responding to this emergency, may make necessary emergency acquisitions to fulfill the purposes of this declaration. If using a P-Card to make such acquisitions, agencies may purchase the necessary acquisitions without regard to the current P-Card policy limitation of $5,000.00 purchase limit. Agencies may make the necessary emergency acquisitions without the requirement to follow bidding requirement/limitations on such emergency acquisitions, without the need to purchase from State Use Vendors, or to purchase from mandatory State Wide contracts. Such necessary emergency purchases shall be capped at $250,000.00 per transaction. All such purchases must be readily identifiable as such, as following the conclusions of this threat, all such necessary emergency acquisitions will be audited to determine if they were made for emergency purposes.
   4. Effective immediately, a moratorium is placed on all out-of-state travel for all employees and officers of agencies that is paid for, in whole or in part, by the State of Oklahoma. This moratorium shall apply to all travel expenses not already incurred as of the date of this Order. Any state employee or officer seeking an exception to this moratorium may submit a written request to the Governor, who shall have the sole discretion to approve or deny the request.
   5. State agencies, in responding to this emergency, may employ additional staff without regard to the classification requirements of such employment.
   6. State agencies shall continue to follow guidance for interaction with the public provided by the Oklahoma Department of Health.
In addition, I direct as follows:
   1. Transmit a clear delegation of authority for state agency directors and designate an Emergency Management Liaison by 5:00 p.m. on March 16, 2020;
   2. Establish and, if necessary, implement a remote work policy that balances the safety and welfare of state employees with the critical services they provide;
   3. Encourage Oklahomans interacting with agency services to utilize online options whenever possible;
   4. Ensure continued compliance with Executive Order 2019-13, which limits non-essential out-of-state travel.
   5. Promulgate any emergency rules necessary to respond to the emergency and to comply with the directives contained herein.
   6. Any medical professional who holds a license, certificate, or other permit issued by any state that is a party to the Emergency Management Compact evidencing the meeting of qualifications for the practice of certain medical services, as more particularly described below, shall be deemed licensed to practice in Oklahoma so long as this Order shall be in effect, subject to the following conditions:
     a. This shall only apply to Medical (MD) and Allied Licenses issued by the Board of Medical Licensure and Supervision, Licenses issued by State Board of Osteopathic Examiners, and Licenses and Certificates issued by the Board of Nursing, all three shall collectively be referred to as "Boards";
     b. Any medical professional intending to practice in Oklahoma pursuant to this Order, hereinafter referred to as "Applicant," shall first apply with and receive approval from appropriate Board;
     c. It is the responsibility of each Board to verify the license status of any applicant and, upon verification of good standing, shall issue a temporary license to practice within this State; and
     d. Any applicant licensed under this Order shall be subject to the oversight and jurisdiction of the licensing Board, which includes the ability of the Board to revoke said license and to initiate any administrative or civil proceeding related to any alleged misconduct of the applicant.
   7. All occupational licenses issued by any agency, board, or commission of the State of Oklahoma that expire during this emergency shall be extended so long as this Order is in effect. All occupational licenses extended during this Order will expire fourteen (14) days following the withdrawal or termination of this Order.
   8. Hospitals and Physician Clinics (collectively referred to as "hospitals") operating in the State shall cooperate with and respond to all requests for critical data from the Oklahoma State Department of Health ("OSDH"), as applicable to the services they provide. This shall include, but will not be limited to, the daily submission, no later than noon, of critical data in a manner and format prescribed by OSDH. Critical Data shall include, but not be limited to:
     a. The number of available (i) ICU beds, (ii) medical surgery beds, (iii) operating room beds, (iv) pediatric beds, (v) PICU beds, (vi) ventilators, (vii) anesthesia machines capable of patient ventilation, (viii) ventilator connecting circuits, (ix) patient interfaces, (x) negative flow rooms, (xi) and overall occupancy status;
     b. COVID-19 Test Availability, as measured by the number of COVID-19 testing kits available for use at the hospital;
     c. The number of (i) positive patients and persons under investigation in the hospital receiving treatment and (ii) positive patients and persons under investigation sent home for self-quarantine; and
     d. Personal Protective Equipment stock on hand.
   9. The OSDH shall provide daily an aggregated summary of the information requested in the preceding paragraph to the Office of the Governor by 3:00 p.m.
   10. Every public or private entity that is utilizing, or has utilized, an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to Oklahoma State Department of Health (OSDH), as well as to the local health department, daily reports of all test results, both positive and negative, the number of test supplies ordered, the number of test supplies available, the number of samples/specimens received and pending processing, and timeframe of test completion, for all days from March 15, 2020 forward. In addition, OSDH shall promptly share this information with the CDC.
   11. Telemedicine shall be used to maximum potential and shall be allowed for non-established patients for the purposes of the COVID-19 response. The preexisting patient relationship requirement for telemedicine, as required by 59 O.S. § 478.1, only applies to the prescribing of opiates and other controlled dangerous substances. 59 O.S. § 478.1 already allows the physician to see patients using telemedicine without the prior establishment of the physician patient relationship. Nothing in this Order shall waive 59 O.S. § 478.1 (C) for the purpose of prescribing opiates and other controlled dangerous substances reference therein.
   12. The requirement that an individual be unemployed for a waiting period of one (1) week before benefits are paid, as required by 40 O.S. § 2-206, is hereby waived so long as this Order remains in effect.
   13. Advanced practice registered nurses, registered nurses, licensed practical nurses and advanced unlicensed assistants who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee prescribed by the Board and meet the qualifications for licensure or certification established by the Board, provided such license shall only be valid as long as this Order is in effect. The continuing qualifications as required for licensure or certification by OAC 485:10-7-4 (h); 485: 10-7-5 (g); 485:10-9-4 (h); 485:10-9-5 (g); 485:10-10-8.1 (d) are hereby waived as long as this Order remains in effect. It is strongly recommended any required fees be waived to the fullest extent possible.
   14. The requirements for Oklahoma Tax Commission compliance for any advanced practice registered nurse, registered nurse, licensed practical nurse and advanced unlicensed assistant application for renewal or reinstatement of a lapsed or inactive license or certification who is identified as being Oklahoma Tax Commission non-compliant, as set forth in 68 OS § 238.1 (E), is hereby waived as long as this Order remains in effect.
   15. Oklahoma State regulations requiring Clinical Laboratory Improvement Amendment (CLIA) certification for testing laboratories are hereby suspended until further notice for the universities named below and for the narrow purposes described herein. During this suspension, laboratories operated by or through the University of Oklahoma and Oklahoma State University are authorized to conduct testing and testing-related activities in response to the COVID-19 pandemic. Further, the Oklahoma Commissioner of Health, acting through and on behalf of OSDH, is hereby authorized to contract with the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, the Board of Regents for the University of Oklahoma, and/or their constituent agencies to perform laboratory tests and test-related activities, without regard to CLIA certification requirements, as necessary to detect and report COVID-19 infection in compliance with applicable law. The Commissioner of Health is authorized to negotiate and execute any and all agreements and terms necessary to execute and implement this provision.
   16. No prescription for chloroquine or hydroxychloroquine may be dispensed unless all of the following apply:
     a. The prescription bears a written diagnosis from the prescriber consistent with the evidence for its use.
     b. The prescription is limited to no more than a fourteen (14) day supply, unless the patient was previously established on the medication prior to the effective date of this Order.
     c. No refills may be permitted unless a new prescription is furnished.
If a scenario is not addressed in these medication limitations a pharmacy can use the waiver form provided by the Board of Pharmacy to request further consideration.
   17. Adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions, collectively referred to as "vulnerable individuals," shall stay in their home or place of residence except for working in a critical infrastructure sector, as more particularly described herein, and the conduct of essential errands. Essential errands shall mean those errands which are critical to everyday life and includes obtaining medication, groceries, gasoline, and visiting medical providers. The vulnerable population is encouraged to use delivery and/or curbside services whenever available.
   18. Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 30, 2020.
   19. Social gatherings of more than ten people are prohibited. Businesses within a critical infrastructure sector, as more particularly described herein, shall take all reasonable steps necessary to comply with this Order and protect their employees, workers, and patrons.
   20. Effective at 11:59 p.m. on March 25, 2020, all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security or defined as essential by the Oklahoma Department of Commerce through the use of the North American Industry Classification System (NAICS) shall close to the public. A list of the essential business NAICS codes shall be published on the Oklahoma Department of Commerce website. Additional sectors may be designated as critical or essential by Executive Memorandum. Nothing in this provision shall prevent restaurants and bars from providing takeout, curbside, and delivery. This shall be effective until April 30, 2020.
   21. Visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities, and retirement homes.
   22. All delivery personnel including package, floral, and food delivery shall, at the request of a hospital, clinic, long-term care facility, or childcare facility submit to a screening prior to delivering goods. Such screening shall include a temperature check and may include a short questionnaire about potential exposure. Additionally, package delivery drivers must take their own temperature daily and shall not deliver packages if it registers over 100.4 degrees Fahrenheit. Questionnaires shall include questions about recent travel to areas with significant community spread and personal contact with individuals who have tested positive for COVID-19.
   23. As supporting front-line healthcare workers is essential to our battle against COVID-19, front-line healthcare workers and their children, who have not tested positive for COVID-19 and are not otherwise exhibiting the symptoms thereof, shall not - simply because they are healthcare workers or children of healthcare workers - be discriminated against in housing or childcare services.
   24. Any statutory or rule-based time requirements for completing training and becoming certified as a peace officer for duly appointed or elected peace officers during the existence of this emergency are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over.
   25. Any requirements that county reserve deputies, municipal reserve officers, or other duly appointed reserve peace officers in this State be CLEET-certified prior to serving in an individual capacity or be accompanied by a CLEET-certified peace officer prior to becoming CLEET-certified are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over. Any such reserve deputy, municipal reserve officer, or other duly appointed reserve peace officer must be commissioned and authorized by his or her appointing agency's head or designee before being allowed to work as a peace officer under this provision.
   26. I hereby direct all persons who enter the State of Oklahoma from an area with substantial community spread, including but not limited to the New York Tri-State Area (Connecticut, New Jersey and New York), the state of Washington, California, and Louisiana, to quarantine for a period of 14 days from the time of entry into the State of Oklahoma or the duration of the person's presence in the State of Oklahoma, whichever is shorter. This Order shall not apply to persons employed by the airlines and those performing military, emergency or health response, or those workers coming into the State to participate in businesses within critical infrastructure sectors as defined in paragraph 20 herein and in Amended Executive Memorandum 2020-01. This Order shall also not apply to persons employed by utility companies and their contractors, as well as their Mutual Aid partners, and Mutual Aide First Responders, who are traveling into the State to assist with Emergency Management. This Order shall take effect immediately and apply retroactively to all persons who have entered Oklahoma after being in any area with substantial community spread within the previous 14 days. All persons quarantining under this Section shall be responsible for all costs associated with their quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of quarantine.
   27. I hereby direct all persons covered under paragraph 26 of this Order to inform any individual in Oklahoma with whom they have had direct physical contact in the past 21 days that they traveled from an area with substantial community spread.
   28. All local educational agencies shall to the greatest extent practicable, continue to pay their employees and contractors for the remainder of the contracted period of the 2019-20 fiscal year, and in furtherance of this intent the State hereby authorizes accredited public school districts to pay support staff for the remainder of their contracted period for the 2019-20 fiscal year and waives any statutory or rule-based time limitations on which support personnel (as defined in 70 O.S. § 1-116) may accumulate or receive leave for the 2019-20 fiscal year.
Further, I hereby order the temporary suspension of the following as they apply to vehicles in the support efforts:
   1. The cost and fees of oversize/overweight permits required of carriers whose sole purpose is transportation of materials, equipment, and supplies used for recovery/relief efforts which require an overweight permit under Title 47 of Oklahoma statutes;
   2. By execution of this Order, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.
     a. This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; (3) food for emergency restocking of stores; (4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response; (7) fuels and petroleum products (to include fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum); and (8) livestock, poultry, feed for livestock and poultry, and crops and other agricultural products ready to be harvested.
     b. Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.
     c. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
   3. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission; and
   4. The requirements for licensing/registration authority as required by the Oklahoma Tax Commission.
Nothing contained in this Order shall be construed as an exemption from the Controlled Substance and Alcohol Use and testing requirements. (49 C.F.R. part 382), the Commercial Driver License requirements (49 C.F.R. part 383), the Financial Responsibilities requirements (49 C.F.R. part 387), or any other portion of the regulations not specifically identified herein. Motor carriers that have an Out-of-Service Order in effect cannot take advantage of the relief from regulation that this declaration provided.
 
This Order shall be effective until the end of thirty (30) days after the filing of this Order.
 
Copies of this Executive Order shall be distributed to the Director of Emergency Management, the Oklahoma State Health Commissioner, the Commissioner of the Department of Public Safety, the Director of the Office of Management and Enterprise Services, the Oklahoma Tax Commission, and the Oklahoma Corporation Commission who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 2nd day of April 2020.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
[OAR Docket #20-373; filed 4-2-20]

1:2020-12.  
Executive Order 2020-12
On April 1, 2020, the 719th case of a novel coronavirus ("COVID-19"), was confirmed in the State of Oklahoma. As noted in a previous Executive Order, the United States Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 as "high" both globally and in the United States. In addition, on March 14, 2020, the President of the United States declared a national health emergency in the United States as a result of the national spread of COVID-19.
As COVID-19's impact continues to evolve, it is important to take measures to protect all Oklahomans against this threat. Therefore, I believe, after consultation with numerous health experts within my administration, that it is now time to declare that a health emergency exists in the State of Oklahoma, and the provisions of the Act set forth in Oklahoma Statutes 63 O.S. Sections 6101 et seq. should be activated.
Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, and 63 O.S. §§ 6101-6900 of the Oklahoma Statutes, specifically 63 O.S. § 6401, do hereby declare and order the following:
   1. There is hereby declared a health emergency in the State of Oklahoma, as defined in 63 O.S. § 6104 of the Oklahoma Statutes.
   2. The nature of the health emergency is the spread of COVID-19 both in the United States and the State of Oklahoma.
   3. The political subdivisions of the State subject to this declaration are:
 
All 77 Oklahoma Counties
 
   4. The conditions that have brought about the health emergency are the spread of COVID-19 in the United States and the State of Oklahoma, and its potential to sicken and threaten the life of a large number of our citizens.
   5. The duration of this state health emergency shall be for thirty (30) days after the filing of this Executive Order.
   6. The primary public health authority responding to the health emergency shall be the Oklahoma State Commissioner of Health.
   7. By declaring this emergency, I hereby authorize and enforce the provisions of 63 O.S. § 6804.
   8. For the duration of the state health emergency declared herein, neither the provisions of 63 O.S. §§ 1-504-1-506 nor any administrative rule, regulation or procedure pertaining to a state, county or municipal quarantine shall apply to personnel of the Oklahoma National Guard activated in support of the COVID-19 response in Oklahoma. In lieu of such requirements, the Adjutant General shall implement appropriate quarantine procedures, in accordance with established Department of Defense protocols, applicable to all Oklahoma National Guard personnel activated during the COVID-19 response.
 
The foregoing Orders shall be effective until the end of thirty (30) days after the filing of this Order.
 
In addition, I hereby declare and order the following:
   1. Pursuant to the power and authority vested in me by Section 7 of Article VI of the Oklahoma Constitution, I hereby convoke the First Special Session of the 57th Legislature to convene at the State Capitol at 8:00am Central Daylight Time on the second business day following the date of this Order, for the sole purpose of concurring with or terminating this declaration of health emergency.
Copies of this Executive Order shall be distributed to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma Senate, the Adjutant General of the Oklahoma National Guard, the Oklahoma State Commissioner of Health, the Commissioner of the Department of Public Safety and the Director of the Office of Management and Enterprise Services who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 2nd day of April, 2020.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
[OAR Docket #20-372; filed 4-2-20]

1:2020-13.  
Executive Order 2020-13
On April 7, 2020, the 1,472nd case of a novel coronavirus ("COVID-19"), was confirmed in the State of Oklahoma. As noted in a previous Executive Order, the United States Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 as "high" both globally and in the United States. In addition, on March 14, 2020, the President of the United States declared a national health emergency in the United States as a result of the national spread of COVID-19. On March 15, 2020, I issued Executive Order 2020-07 (which was last amended by Eighth Amended Executive Order 2020-07 dated April 2, 2020) declaring an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health, and safety. Further, on April 2, 2020, I declared a health emergency in the State of Oklahoma as defined in 63 O.S. § 6104 of the Oklahoma Statutes.
Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution and 63 O.S. §§ 6101-6900 of the Oklahoma Statutes, specifically 63 O.S. § 6401, do hereby declare and order the following:
   1. There is hereby declared an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health, and safety. The counties included in this declaration are:
 
All 77 Oklahoma Counties
 
   2. The State Emergency Operations Plan has been activated, and resources of all State departments and agencies available to meet this emergency are hereby committed to the reasonable extent necessary to prepare for and respond to COVID-19 and to protect the health and safety of the public. These efforts shall be coordinated by the Director of the Department of Emergency Management with comparable functions of the federal government and political subdivisions of the State.
   3. State agencies, in responding to this emergency, may make necessary emergency acquisitions to fulfill the purposes of this declaration. If using a P-Card to make such acquisitions, agencies may purchase the necessary acquisitions without regard to the current P-Card policy limitation of $5,000.00 purchase limit. Agencies may make the necessary emergency acquisitions without the requirement to follow bidding requirement/limitations on such emergency acquisitions, without the need to purchase from State Use Vendors, or to purchase from mandatory State Wide contracts. Such necessary emergency purchases shall be capped at $250,000.00 per transaction. All such purchases must be readily identifiable as such, as following the conclusions of this threat, all such necessary emergency acquisitions will be audited to determine if they were made for emergency purposes.
   4. Effective immediately, a moratorium is placed on all out-of-state travel for all employees and officers of agencies that is paid for, in whole or in part, by the State of Oklahoma. This moratorium shall apply to all travel expenses not already incurred as of the date of this Order. Any state employee or officer seeking an exception to this moratorium may submit a written request to the Governor, who shall have the sole discretion to approve or deny the request.
   5. State agencies, in responding to this emergency, may employ additional staff without regard to the classification requirements of such employment.
   6. State agencies shall continue to follow guidance for interaction with the public provided by the Oklahoma Department of Health.
   7. Emergency responders employed by the State of Oklahoma who are correctional officers, law enforcement officers, and fire personnel shall not be excluded from the application of and benefits under the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act (FFCRA).
In addition, I direct as follows:
   1. All State agencies shall transmit a clear delegation of authority for state agency directors and designate an Emergency Management Liaison by 5:00 p.m. on March 16, 2020;
   2. All State agencies shall establish and, if necessary, implement a remote work policy that balances the safety and welfare of state employees with the critical services they provide;
   3. All State agencies shall encourage Oklahomans interacting with agency services to utilize online options whenever possible;
   4. All State agencies shall ensure continued compliance with Executive Order 2019-13, which limits non-essential out-of-state travel.
   5. All State agencies shall promulgate any emergency rules necessary to respond to the emergency and to comply with the directives contained herein.
   6. All state agencies with licensing and certificate responsibility over medical professionals, including the Board of Medical Licensure and Supervision, State Board of Osteopathic Examiners, and Board of Nursing shall, by April 15, 2020 promulgate emergency rules necessary to increase the number of medical professionals able to practice in the State. Such action may include, but is not limited to, the following:
     a. Reduction in supervisory requirements or limitations placed on non-physicians;
     b. Removal of barriers of entry for retired medical professionals from re-entering the workforce. Medical professionals who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee proscribed by their respective licensing boards and meet the qualifications for licensure or certification established by such Board, provided such license shall only be valid as long as this Order is in effect. The continuing qualifications as required for licensure or certification are hereby waived for those reinstated licensees as long as this Order remains in effect. It is strongly recommended any required fees be waived to the fullest extent possible; and
     c. Increase opportunities for students and recent graduates who are not yet fully licensed to practice.
Any license or certificate issued pursuant to such Emergency Rules or this Order shall only be valid for as long as this Order is in effect. Further, any retired physician who returns to practice to provide assistance with the State's response to COVID-19 shall register with the Medical Reserve Corps.
   7. As long as this Executive Order is in effect a licensed physician shall be able to supervise any number of Physician Assistants, Certified Registered Nurse Anesthetists, and Nurse Practitioners, and shall be able to supervise the Physician Assistants, Certified Registered Nurse Anesthetists Certified Registered Nurse Anesthetists, and Nurse Practitioners using remote or telephonic means.
   8. Any medical professional who holds a license, certificate, or other permit issued by any state that is a party to the Emergency Management Compact evidencing the meeting of qualifications for the practice of certain medical services, as more particularly described below, shall be deemed licensed to practice in Oklahoma so long as this Order shall be in effect, subject to the following conditions:
     a. This shall only apply to Medical (MD) and Allied Licenses issued by the Board of Medical Licensure and Supervision, Licenses issued by State Board of Osteopathic Examiners, and Licenses and Certificates issued by the Board of Nursing, all three shall collectively be referred to as "Boards";
     b. Any medical professional intending to practice in Oklahoma pursuant to this Order, hereinafter referred to as "Applicant," shall first apply with and receive approval from appropriate Board;
     c. It is the responsibility of each Board to verify the license status of any applicant and, upon verification of good standing, shall issue a temporary license to practice within this State; and
     d. Any applicant licensed under this Order shall be subject to the oversight and jurisdiction of the licensing Board, which includes the ability of the Board to revoke said license and to initiate any administrative or civil proceeding related to any alleged misconduct of the applicant.
   9. All occupational licenses issued by any agency, board, or commission of the State of Oklahoma that expire during this emergency shall be extended so long as this Order is in effect. All occupational licenses extended during this Order will expire fourteen (14) days following the withdrawal or termination of this Order.
   10. Hospitals and Physician Clinics (collectively referred to as "hospitals") operating in the State shall cooperate with and respond to all requests for critical data from the Oklahoma State Department of Health ("OSDH"), as applicable to the services they provide. This shall include, but will not be limited to, the daily submission, no later than noon, of critical data in a manner and format prescribed by OSDH. Critical Data shall include, but not be limited to:
     a. The number of available (i) ICU beds, (ii) medical surgery beds, (iii) operating room beds, (iv) pediatric beds, (v) PICU beds, (vi) ventilators, (vii) anesthesia machines capable of patient ventilation, (viii) ventilator connecting circuits, (ix) patient interfaces, (x) negative flow rooms, (xi) and overall occupancy status;
     b. COVID-19 Test Availability, as measured by the number of COVID-19 testing kits available for use at the hospital;
     c. The number of (i) positive patients and persons under investigation in the hospital receiving treatment and (ii) positive patients and persons under investigation sent home for self-quarantine; and
     d. Personal Protective Equipment stock on hand.
   11. For the duration of the health emergency declared herein, any physical space offered and found to be safe for patient care by a Medicare- or Medicaid-certified and Oklahoma-licensed hospital (including psychiatric and critical access facilities) or skilled nursing facility shall be deemed an annex to a provider's license. State certificate of need requirements for adding beds are waived and Centers for Medicare and Medicaid Services regulations, including waivers of certain regulations due to COVID-19 emergency, will pre-empt state statutes and rules relating to expanding capacity.
For the duration of Executive Order 2020-12, for any Medicare- or Medicaid-certified and Oklahoma-licensed hospital (including psychiatric and critical access facilities) or skilled nursing facility, Centers for Medicare and Medicaid Services regulations, including waivers of certain regulations due to COVID-19 emergency, will pre-empt any conflicting state statutes and rules.
   12. The OSDH shall provide daily an aggregated summary of the information requested in the preceding paragraphs to the Office of the Governor by 3:00 p.m.
   13. Every public or private entity that is utilizing, or has utilized, an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to Oklahoma State Department of Health (OSDH), as well as to the local health department, daily reports of all test results, both positive and negative, the number of test supplies ordered, the number of test supplies available, the number of samples/specimens received and pending processing, and timeframe of test completion, for all days from March 15, 2020 forward. In addition, OSDH shall promptly share this information with the CDC.
   14. Telemedicine shall be used to maximum potential and shall be allowed for non-established patients for the purposes of the COVID-19 response. The preexisting patient relationship requirement for telemedicine, as required by 59 O.S. § 478.1, only applies to the prescribing of opiates and other controlled dangerous substances. 59 O.S. § 478.1 already allows the physician to see patients using telemedicine without the prior establishment of the physician patient relationship. Nothing in this Order shall waive 59 O.S. § 478.1 (C) for the purpose of prescribing opiates and other controlled dangerous substances reference therein.
   15. In order to allow stretcher vans and stretcher aid vans to assist with the emergency and operate anywhere in the state, the geographic and population-based limitations found in 63 O.S. § 1-2503 are hereby waived so long as this Order is in effect.
   16. The requirement that an individual be unemployed for a waiting period of one (1) week before benefits are paid, as required by 40 O.S. § 2-206, is hereby waived so long as this Order remains in effect.
   17. Advanced practice registered nurses, registered nurses, licensed practical nurses and advanced unlicensed assistants who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee prescribed by the Board and meet the qualifications for licensure or certification established by the Board, provided such license shall only be valid as long as this Order is in effect. The continuing qualifications as required for licensure or certification by OAC 485:10-7-4 (h); 485: 10-7-5 (g); 485:10-9-4 (h); 485:10-9-5 (g); 485:10-10-8.1 (d) are hereby waived as long as this Order remains in effect. It is strongly recommended any required fees be waived to the fullest extent possible.
   18. The requirements for Oklahoma Tax Commission compliance for any license or certificate issued by the Board of Medical Licensure and Supervision, State Board of Osteopathic Examiners, and Board of Nursing for renewal or reinstatement of a lapsed or inactive license or certification who is identified as being Oklahoma Tax Commission non-compliant, as set forth in 68 OS § 238.1 (E), is hereby waived as long as this Order remains in effect.
   19. Oklahoma State regulations requiring Clinical Laboratory Improvement Amendment (CLIA) certification for testing laboratories are hereby suspended until further notice for the universities named below and for the narrow purposes described herein. During this suspension, laboratories operated by or through the University of Oklahoma and Oklahoma State University are authorized to conduct testing and testing-related activities in response to the COVID-19 pandemic. Further, the Oklahoma Commissioner of Health, acting through and on behalf of OSDH, is hereby authorized to contract with the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, the Board of Regents for the University of Oklahoma, and/or their constituent agencies to perform laboratory tests and test-related activities, without regard to CLIA certification requirements, as necessary to detect and report COVID-19 infection in compliance with applicable law. The Commissioner of Health is authorized to negotiate and execute any and all agreements and terms necessary to execute and implement this provision.
   20. No prescription for chloroquine or hydroxychloroquine may be dispensed unless all of the following apply:
     a. The prescription bears a written diagnosis from the prescriber consistent with the evidence for its use.
     b. The prescription is limited to no more than a fourteen (14) day supply, unless the patient was previously established on the medication prior to the effective date of this Order.
     c. No refills may be permitted unless a new prescription is furnished.
If a scenario is not addressed in these medication limitations a pharmacy can use the waiver form provided by the Board of Pharmacy to request further consideration.
   21. Adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions, collectively referred to as "vulnerable individuals," shall stay in their home or place of residence except for working in a critical infrastructure sector, as more particularly described herein, and the conduct of essential errands. Essential errands shall mean those errands which are critical to everyday life and includes obtaining medication, groceries, gasoline, and visiting medical providers. The vulnerable population is encouraged to use delivery and/or curbside services whenever available.
   22. Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 30, 2020. For purposes of aiding in the determination of what is "elective," medical providers are encouraged to consult the Centers for Medicare & Medicaid Services Non-Emergent, Elective Medical Services, and Treatment Recommendations
   23. Social gatherings of more than ten people are prohibited. Businesses within a critical infrastructure sector, as more particularly described herein, shall take all reasonable steps necessary to comply with this Order and protect their employees, workers, and patrons.
   24. Effective at 11:59 p.m. on March 25, 2020, all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security or defined as essential by the Oklahoma Department of Commerce through the use of the North American Industry Classification System (NAICS) shall close to the public. A list of the essential business NAICS codes shall be published on the Oklahoma Department of Commerce website. Additional sectors may be designated as critical or essential by Executive Memorandum. Nothing in this provision shall prevent restaurants and bars from providing takeout, curbside, and delivery. This shall be effective until April 30, 2020.
   25. Visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities, and retirement homes.
   26. All delivery personnel including package, floral, and food delivery shall, at the request of a hospital, clinic, long-term care facility, or childcare facility submit to a screening prior to delivering goods. Such screening shall include a temperature check and may include a short questionnaire about potential exposure. Additionally, package delivery drivers must take their own temperature daily and shall not deliver packages if it registers over 100.4 degrees Fahrenheit. Questionnaires shall include questions about recent travel to areas with significant community spread and personal contact with individuals who have tested positive for COVID-19.
   27. As supporting front-line healthcare workers is essential to our battle against COVID-19, front-line healthcare workers and their children, who have not tested positive for COVID-19 and are not otherwise exhibiting the symptoms thereof, shall not - simply because they are healthcare workers or children of healthcare workers - be discriminated against in housing or childcare services.
   28. Any statutory or rule-based time requirements for completing training and becoming certified as a peace officer for duly appointed or elected peace officers during the existence of this emergency are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over.
   29. Any requirements that county reserve deputies, municipal reserve officers, or other duly appointed reserve peace officers in this State be CLEET-certified prior to serving in an individual capacity or be accompanied by a CLEET-certified peace officer prior to becoming CLEET-certified are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over. Any such reserve deputy, municipal reserve officer, or other duly appointed reserve peace officer must be commissioned and authorized by his or her appointing agency's head or designee before being allowed to work as a peace officer under this provision.
   30. During the existence of this emergency, the Executive Director of CLEET or his designee is authorized to issue conditional private security licenses for unarmed security guards upon receipt of a properly completed application and licensing fee but without requiring fingerprint cards or electronic submission of fingerprints. In addition, the Executive Director of CLEET or his designee is authorized to renew conditional licenses as necessary. Any conditional licenses granted or renewed pursuant to this provision will expire and become void thirty days after the emergency is declared to be over unless such conditional licenses are again renewed by CLEET action.
   31. I hereby direct all persons who enter the State of Oklahoma from an area with substantial community spread, including but not limited to the New York Tri-State Area (Connecticut, New Jersey and New York), the state of Washington, California, and Louisiana, to quarantine for a period of 14 days from the time of entry into the State of Oklahoma or the duration of the person's presence in the State of Oklahoma, whichever is shorter. This Order shall not apply to persons employed by the airlines and those performing military, emergency or health response, or those workers coming into the State to participate in businesses within critical infrastructure sectors as defined in paragraph 24 herein and in Amended Executive Memorandum 2020-01. This Order shall also not apply to persons employed by utility companies and their contractors, as well as their Mutual Aid partners, and Mutual Aide First Responders, who are traveling into the State to assist with Emergency Management. This Order shall take effect immediately and apply retroactively to all persons who have entered Oklahoma after being in any area with substantial community spread within the previous 14 days. All persons quarantining under this Section shall be responsible for all costs associated with their quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of quarantine.
   32. I hereby direct all persons covered under paragraph 31 of this Order to inform any individual in Oklahoma with whom they have had direct physical contact in the past 21 days that they traveled from an area with substantial community spread.
   33. All local educational agencies shall to the greatest extent practicable, continue to pay their employees and contractors for the remainder of the contracted period of the 2019-20 fiscal year, and in furtherance of this intent the State hereby authorizes accredited public school districts to pay support staff for the remainder of their contracted period for the 2019-20 fiscal year and waives any statutory or rule-based time limitations on which support personnel (as defined in 70 O.S. § 1-116) may accumulate or receive leave for the 2019-20 fiscal year.
Further, I hereby order the temporary suspension of the following as they apply to vehicles in the support efforts:
   1. The cost and fees of oversize/overweight permits required of carriers whose sole purpose is transportation of materials, equipment, and supplies used for recovery/relief efforts which require an overweight permit under Title 47 of Oklahoma statutes;
   2. By execution of this Order, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.
     a. This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; (3) food for emergency restocking of stores; (4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response; (7) fuels and petroleum products (to include fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum); and (8) livestock, poultry, feed for livestock and poultry, and crops and other agricultural products ready to be harvested.
     b. Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.
     c. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
   3. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission; and
   4. The requirements for licensing/registration authority as required by the Oklahoma Tax Commission.
Nothing contained in this Order shall be construed as an exemption from the Controlled Substance and Alcohol Use and testing requirements. (49 C.F.R. part 382), the Commercial Driver License requirements (49 C.F.R. part 383), the Financial Responsibilities requirements (49 C.F.R. part 387), or any other portion of the regulations not specifically identified herein. Motor carriers that have an Out-of-Service Order in effect cannot take advantage of the relief from regulation that this declaration provided.
This Order shall be effective until the end of thirty (30) days after the filing of this Order.
Copies of this Executive Order shall be distributed to the Director of Emergency Management, the Oklahoma State Health Commissioner, the Commissioner of the Department of Public Safety, the Director of the Office of Management and Enterprise Services, the Oklahoma Tax Commission, the Oklahoma Corporation Commission who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 8th day of April 2020.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
[OAR Docket #20-388; filed 4-8-20]

1:2020-13A.  
Amended Executive Order 2020-13
On April 13TH, 2020, the 2,069th case of a novel coronavirus ("COVID-19"), was confirmed in the State of Oklahoma. As noted in a previous Executive Order, the United States Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 as "high" both globally and in the United States. In addition, on March 14, 2020, the President of the United States declared a national health emergency in the United States as a result of the national spread of COVID-19. On March 15, 2020, I issued Executive Order 2020-07 (which was last amended by Eighth Amended Executive Order 2020-07 dated April 2, 2020) declaring an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health, and safety. Further, on April 2, 2020, I declared a health emergency in the State of Oklahoma as defined in 63 O.S. § 6104 of the Oklahoma Statutes.
Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution and 63 O.S. §§ 6101-6900 of the Oklahoma Statutes, specifically 63 O.S. § 6401, do hereby declare and order the following:
   1. There is hereby declared an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health, and safety. The counties included in this declaration are:
 
All 77 Oklahoma Counties
 
   2. The State Emergency Operations Plan has been activated, and resources of all State departments and agencies available to meet this emergency are hereby committed to the reasonable extent necessary to prepare for and respond to COVID-19 and to protect the health and safety of the public. These efforts shall be coordinated by the Director of the Department of Emergency Management with comparable functions of the federal government and political subdivisions of the State.
   3. State agencies, in responding to this emergency, may make necessary emergency acquisitions to fulfill the purposes of this declaration. If using a P-Card to make such acquisitions, agencies may purchase the necessary acquisitions without regard to the current P-Card policy limitation of $5,000.00 purchase limit. Agencies may make the necessary emergency acquisitions without the requirement to follow bidding requirement/limitations on such emergency acquisitions, without the need to purchase from State Use Vendors, or to purchase from mandatory State Wide contracts. Such necessary emergency purchases shall be capped at $250,000.00 per transaction. All such purchases must be readily identifiable as such, as following the conclusions of this threat, all such necessary emergency acquisitions will be audited to determine if they were made for emergency purposes.
   4. Effective immediately, a moratorium is placed on all out-of-state travel for all employees and officers of agencies that is paid for, in whole or in part, by the State of Oklahoma. This moratorium shall apply to all travel expenses not already incurred as of the date of this Order. Any state employee or officer seeking an exception to this moratorium may submit a written request to the Governor, who shall have the sole discretion to approve or deny the request.
   5. State agencies, in responding to this emergency, may employ additional staff without regard to the classification requirements of such employment.
   6. So long as this Order is in effect, the requirement in Amended Executive Order 2019-3 that the Chief Administrative Officer request and obtain approval from the Cabinet Secretary for an exemption to the personnel freeze for agencies under the Secretary of Health and Mental Health shall be waived.
   7. State agencies shall continue to follow guidance for interaction with the public provided by the Oklahoma Department of Health.
   8. Emergency responders employed by the State of Oklahoma who are correctional officers, law enforcement officers, and fire personnel shall not be excluded from the application of and benefits under the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act (FFCRA) if:
     a. They are subject to a coronavirus quarantine or isolation order 1 ;
     b. They have been advised by a healthcare provider to self-quarantine due to coronavirus concerns; or
     c. They are experiencing symptoms of coronavirus and are seeking a medical diagnosis;
In addition, I direct as follows:
   1. All State agencies shall transmit a clear delegation of authority for state agency directors and designate an Emergency Management Liaison by 5:00 p.m. on March 16, 2020;
   2. All State agencies shall establish and, if necessary, implement a remote work policy that balances the safety and welfare of state employees with the critical services they provide;
   3. All State agencies shall encourage Oklahomans interacting with agency services to utilize online options whenever possible;
   4. All State agencies shall ensure continued compliance with Executive Order 2019-13, which limits non-essential out-of-state travel.
   5. All State agencies shall promulgate any emergency rules necessary to respond to the emergency and to comply with the directives contained herein.
   6. All state agencies with licensing and certificate responsibility over medical professionals, including the Board of Medical Licensure and Supervision, State Board of Osteopathic Examiners, and Board of Nursing shall, by April 15, 2020 promulgate emergency rules necessary to increase the number of medical professionals able to practice in the State. Such action may include, but is not limited to, the following:
     a. Reduction in supervisory requirements or limitations placed on non-physicians;
     b. Removal of barriers of entry for retired medical professionals from re-entering the workforce. Medical professionals who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee proscribed by their respective licensing boards and meet the qualifications for licensure or certification established by such Board, provided such license shall only be valid as long as this Order is in effect. The continuing qualifications as required for licensure or certification are hereby waived for those reinstated licensees as long as this Order remains in effect. It is strongly recommended any required fees be waived to the fullest extent possible; and
     c. Increase opportunities for students and recent graduates who are not yet fully licensed to practice.
Any license or certificate issued pursuant to such Emergency Rules or this Order shall only be valid for as long as this Order is in effect. Further, any retired physician who returns to practice to provide assistance with the State's response to COVID-19 shall register with the Medical Reserve Corps.
   7. As long as this Executive Order is in effect a licensed physician shall be able to supervise any number of Physician Assistants, Certified Registered Nurse Anesthetists, and Nurse Practitioners, and shall be able to supervise the Physician Assistants, Certified Registered Nurse Anesthetists Certified Registered Nurse Anesthetists, and Nurse Practitioners using remote or telephonic means.
   8. Any medical professional who holds a license, certificate, or other permit issued by any state that is a party to the Emergency Management Compact evidencing the meeting of qualifications for the practice of certain medical services, as more particularly described below, shall be deemed licensed to practice in Oklahoma so long as this Order shall be in effect, subject to the following conditions:
     a. This shall only apply to Medical (MD) and Allied Licenses issued by the Board of Medical Licensure and Supervision, Licenses issued by State Board of Osteopathic Examiners, and Licenses and Certificates issued by the Board of Nursing, all three shall collectively be referred to as "Boards";
     b. Any medical professional intending to practice in Oklahoma pursuant to this Order, hereinafter referred to as "Applicant," shall first apply with and receive approval from appropriate Board;
     c. It is the responsibility of each Board to verify the license status of any applicant and, upon verification of good standing, shall issue a temporary license to practice within this State; and
     d. Any applicant licensed under this Order shall be subject to the oversight and jurisdiction of the licensing Board, which includes the ability of the Board to revoke said license and to initiate any administrative or civil proceeding related to any alleged misconduct of the applicant.
   9. All occupational licenses issued by any agency, board, or commission of the State of Oklahoma that expire during this emergency shall be extended so long as this Order is in effect. All occupational licenses extended during this Order will expire fourteen (14) days following the withdrawal or termination of this Order.
   10. Hospitals and Physician Clinics (collectively referred to as "hospitals") operating in the State shall cooperate with and respond to all requests for critical data from the Oklahoma State Department of Health ("OSDH"), as applicable to the services they provide. This shall include, but will not be limited to, the daily submission, no later than noon, of critical data in a manner and format prescribed by OSDH. Critical Data shall include, but not be limited to:
     a. The number of available (i) ICU beds, (ii) medical surgery beds, (iii) operating room beds, (iv) pediatric beds, (v) PICU beds, (vi) ventilators, (vii) anesthesia machines capable of patient ventilation, (viii) ventilator connecting circuits, (ix) patient interfaces, (x) negative flow rooms, (xi) and overall occupancy status;
     b. COVID-19 Test Availability, as measured by the number of COVID-19 testing kits available for use at the hospital;
     c. The number of (i) positive patients and persons under investigation in the hospital receiving treatment and (ii) positive patients and persons under investigation sent home for self-quarantine; and
     d. Personal Protective Equipment stock on hand.
   11. For the duration of the health emergency declared herein, any physical space offered and found to be safe for patient care by a Medicare- or Medicaid-certified and Oklahoma-licensed hospital (including psychiatric and critical access facilities) or skilled nursing facility shall be deemed an annex to a provider's license. State certificate of need requirements for adding beds are waived and Centers for Medicare and Medicaid Services regulations, including waivers of certain regulations due to COVID-19 emergency, will pre-empt state statutes and rules relating to expanding capacity.
For the duration of Executive Order 2020-12, for any Medicare- or Medicaid-certified and Oklahoma-licensed hospital (including psychiatric and critical access facilities) or skilled nursing facility, Centers for Medicare and Medicaid Services regulations, including waivers of certain regulations due to COVID-19 emergency, will pre-empt any conflicting state statutes and rules.
   12. The OSDH shall provide daily an aggregated summary of the information requested in the preceding paragraphs to the Office of the Governor by 3:00 p.m.
   13. Every public or private entity that is utilizing, or has utilized, an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to Oklahoma State Department of Health (OSDH), as well as to the local health department, daily reports of all test results, both positive and negative, the number of test supplies ordered, the number of test supplies available, the number of samples/specimens received and pending processing, and timeframe of test completion, for all days from March 15, 2020 forward. In addition, OSDH shall promptly share this information with the CDC.
   14. Telemedicine shall be used to maximum potential and shall be allowed for non-established patients for the purposes of the COVID-19 response. The preexisting patient relationship requirement for telemedicine, as required by 59 O.S. § 478.1, only applies to the prescribing of opiates and other controlled dangerous substances. 59 O.S. § 478.1 already allows the physician to see patients using telemedicine without the prior establishment of the physician patient relationship. Nothing in this Order shall waive 59 O.S. § 478.1 (C) for the purpose of prescribing opiates and other controlled dangerous substances reference therein.
   15. In order to allow stretcher vans and stretcher aid vans to assist with the emergency and operate anywhere in the state, the geographic and population-based limitations found in 63 O.S. § 1-2503 are hereby waived so long as this Order is in effect.
   16. The requirement that an individual be unemployed for a waiting period of one (1) week before benefits are paid, as required by 40 O.S. § 2-206, is hereby waived so long as this Order remains in effect.
   17. Advanced practice registered nurses, registered nurses, licensed practical nurses and advanced unlicensed assistants who have lapsed or inactive licenses or certifications may have their single-state license or certification reinstated if they submit a reinstatement application and fee prescribed by the Board and meet the qualifications for licensure or certification established by the Board, provided such license shall only be valid as long as this Order is in effect. The continuing qualifications as required for licensure or certification by OAC 485:10-7-4 (h); 485: 10-7-5 (g); 485:10-9-4 (h); 485:10-9-5 (g); 485:10-10-8.1 (d) are hereby waived as long as this Order remains in effect. It is strongly recommended any required fees be waived to the fullest extent possible.
   18. The requirements for Oklahoma Tax Commission compliance for any license or certificate issued by the Board of Medical Licensure and Supervision, State Board of Osteopathic Examiners, and Board of Nursing for renewal or reinstatement of a lapsed or inactive license or certification who is identified as being Oklahoma Tax Commission non-compliant, as set forth in 68 OS § 238.1 (E), is hereby waived as long as this Order remains in effect.
   19. Oklahoma State regulations requiring Clinical Laboratory Improvement Amendment (CLIA) certification for testing laboratories are hereby suspended until further notice for the universities named below and for the narrow purposes described herein. During this suspension, laboratories operated by or through the University of Oklahoma and Oklahoma State University are authorized to conduct testing and testing-related activities in response to the COVID-19 pandemic. Further, the Oklahoma Commissioner of Health, acting through and on behalf of OSDH, is hereby authorized to contract with the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, the Board of Regents for the University of Oklahoma, and/or their constituent agencies to perform laboratory tests and test-related activities, without regard to CLIA certification requirements, as necessary to detect and report COVID-19 infection in compliance with applicable law. The Commissioner of Health is authorized to negotiate and execute any and all agreements and terms necessary to execute and implement this provision.
   20. No prescription for chloroquine or hydroxychloroquine may be dispensed unless all of the following apply:
     a. The prescription bears a written diagnosis from the prescriber consistent with the evidence for its use.
     b. The prescription is limited to no more than a fourteen (14) day supply, unless the patient was previously established on the medication prior to the effective date of this Order.
     c. No refills may be permitted unless a new prescription is furnished.
If a scenario is not addressed in these medication limitations a pharmacy can use the waiver form provided by the Board of Pharmacy to request further consideration.
   21. Adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions, collectively referred to as "vulnerable individuals," shall stay in their home or place of residence except for working in a critical infrastructure sector, as more particularly described herein, and the conduct of essential errands. Essential errands shall mean those errands which are critical to everyday life and includes obtaining medication, groceries, gasoline, and visiting medical providers. The vulnerable population is encouraged to use delivery and/or curbside services whenever available.
   22. Oklahomans and medical providers in Oklahoma shall postpone all elective surgeries, minor medical procedures, and non-emergency dental procedures until April 30, 2020. For purposes of aiding in the determination of what is "elective," medical providers are encouraged to consult the Centers for Medicare & Medicaid Services Non-Emergent, Elective Medical Services, and Treatment Recommendations
   23. Social gatherings of more than ten people are prohibited. Businesses within a critical infrastructure sector, as more particularly described herein, shall take all reasonable steps necessary to comply with this Order and protect their employees, workers, and patrons.
   24. Effective at 11:59 p.m. on March 25, 2020, all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security or defined as essential by the Oklahoma Department of Commerce through the use of the North American Industry Classification System (NAICS) shall close to the public. A list of the essential business NAICS codes shall be published on the Oklahoma Department of Commerce website. Additional sectors may be designated as critical or essential by Executive Memorandum. Nothing in this provision shall prevent restaurants and bars from providing takeout, curbside, and delivery. This shall be effective until April 30, 2020.
   25. Visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities, and retirement homes.
   26. All delivery personnel including package, floral, and food delivery shall, at the request of a hospital, clinic, long-term care facility, or childcare facility submit to a screening prior to delivering goods. Such screening shall include a temperature check and may include a short questionnaire about potential exposure. Additionally, package delivery drivers must take their own temperature daily and shall not deliver packages if it registers over 100.4 degrees Fahrenheit. Questionnaires shall include questions about recent travel to areas with significant community spread and personal contact with individuals who have tested positive for COVID-19.
   27. As supporting front-line healthcare workers is essential to our battle against COVID-19, front-line healthcare workers and their children, who have not tested positive for COVID-19 and are not otherwise exhibiting the symptoms thereof, shall not - simply because they are healthcare workers or children of healthcare workers - be discriminated against in housing or childcare services.
   28. Any statutory or rule-based time requirements for completing training and becoming certified as a peace officer for duly appointed or elected peace officers during the existence of this emergency are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over.
   29. Any requirements that county reserve deputies, municipal reserve officers, or other duly appointed reserve peace officers in this State be CLEET-certified prior to serving in an individual capacity or be accompanied by a CLEET-certified peace officer prior to becoming CLEET-certified are hereby waived during the period of the emergency and for thirty days after the emergency is declared to be over. Any such reserve deputy, municipal reserve officer, or other duly appointed reserve peace officer must be commissioned and authorized by his or her appointing agency's head or designee before being allowed to work as a peace officer under this provision.
   30. During the existence of this emergency, the Executive Director of CLEET or his designee is authorized to issue conditional private security licenses for unarmed security guards upon receipt of a properly completed application and licensing fee but without requiring fingerprint cards or electronic submission of fingerprints. In addition, the Executive Director of CLEET or his designee is authorized to renew conditional licenses as necessary. Any conditional licenses granted or renewed pursuant to this provision will expire and become void thirty days after the emergency is declared to be over unless such conditional licenses are again renewed by CLEET action.
   31. I hereby direct all persons who enter the State of Oklahoma from an area with substantial community spread, including but not limited to the New York Tri-State Area (Connecticut, New Jersey and New York), the state of Washington, California, and Louisiana, to quarantine for a period of 14 days from the time of entry into the State of Oklahoma or the duration of the person's presence in the State of Oklahoma, whichever is shorter. This Order shall not apply to persons employed by the airlines and those performing military, emergency or health response, or those workers coming into the State to participate in businesses within critical infrastructure sectors as defined in paragraph 24 herein and in Amended Executive Memorandum 2020-01. This Order shall also not apply to persons employed by utility companies and their contractors, as well as their Mutual Aid partners, and Mutual Aide First Responders, who are traveling into the State to assist with Emergency Management. This Order shall take effect immediately and apply retroactively to all persons who have entered Oklahoma after being in any area with substantial community spread within the previous 14 days. All persons quarantining under this Section shall be responsible for all costs associated with their quarantine, including transportation, lodging, food, medical care and any other expenses to sustain the person during the period of quarantine.
   32. I hereby direct all persons covered under paragraph 31 of this Order to inform any individual in Oklahoma with whom they have had direct physical contact in the past 21 days that they traveled from an area with substantial community spread.
   33. All local educational agencies shall to the greatest extent practicable, continue to pay their employees and contractors for the remainder of the contracted period of the 2019-20 fiscal year, and in furtherance of this intent the State hereby authorizes accredited public school districts to pay support staff for the remainder of their contracted period for the 2019-20 fiscal year and waives any statutory or rule-based time limitations on which support personnel (as defined in 70 O.S. § 1-116) may accumulate or receive leave for the 2019-20 fiscal year.
Further, I hereby order the temporary suspension of the following as they apply to vehicles in the support efforts:
   1. The cost and fees of oversize/overweight permits required of carriers whose sole purpose is transportation of materials, equipment, and supplies used for recovery/relief efforts which require an overweight permit under Title 47 of Oklahoma statutes;
   2. By execution of this Order, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.
     a. This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; (3) food for emergency restocking of stores; (4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response; (7) fuels and petroleum products (to include fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum); and (8) livestock, poultry, feed for livestock and poultry, and crops and other agricultural products ready to be harvested.
     b. Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.
     c. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
   3. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission; and
   4. The requirements for licensing/registration authority as required by the Oklahoma Tax Commission.
Nothing contained in this Order shall be construed as an exemption from the Controlled Substance and Alcohol Use and testing requirements. (49 C.F.R. part 382), the Commercial Driver License requirements (49 C.F.R. part 383), the Financial Responsibilities requirements (49 C.F.R. part 387), or any other portion of the regulations not specifically identified herein. Motor carriers that have an Out-of-Service Order in effect cannot take advantage of the relief from regulation that this declaration provided.
 
This Order shall be effective until the end of thirty (30) days after the filing of this Order.
 
Copies of this Executive Order shall be distributed to the Director of Emergency Management, the Oklahoma State Health Commissioner, the Commissioner of the Department of Public Safety, the Director of the Office of Management and Enterprise Services, the Oklahoma Tax Commission, the Oklahoma Corporation Commission who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this 13th day of April 2020.
 1 [AB]By a proper authority/as determined by policy
 
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
[OAR Docket #20-389; filed 4-13-20]