Category Archives: Oklahoma State Department of Health

Clearing the Air on the Oklahoma E-cigarette War

Kaye Beach

Feb. 11, 2014

Recently I wrote an article for The Oklahoma Constitution on the politics and money behind the e-cigarette bans in our state.

Many credible health experts have also noted a curious imbalance regarding the claims made by some public health advocates about
e-cigarette health dangers. . . .  Judging from the reaction to the sudden spate of prohibitions on vaping in our state, the public t buying the hype either. What most people want to know is,  why are they being banned? Who is being hurt by the use of an electronic cigarette? . . . This innovative technology is not a threat to public health but is a grave threat to the entire multi-billion tobacco industry as it exists today.

. . .You’ll find TSET grant funding everything from OETA to bike racks, but let’s look at the “Communities of Excellence in Tobacco Control” incentive grants that are driving the vapor bans.

You can read the article ‘Clearing the Air on the Oklahoma E-cigarette War’ in its entirety  at The Oklahoma Constitution.

Also, you may want to see this rebuttal to the OK. State Dept. of Health’s alarmist e-cigarette advisory. FINAL OSDH rebuttal 2 9 2014

And if you haven’t done it yet, subscribe to The Oklahoma Constitution!

Getting the Gist of GIS-Geographic Information Systems

Kaye Beach

April 18, 2011

“The real danger is the gradual erosion of individual liberties through automation, integration, and interconnection of many small, separate record-keeping systems, each of which alone may seem innocuous, even benevolent, and wholly justifiable.”    U. S. Privacy Study Commission

GIS- Geographic Information System

“GIS is a computer system for capturing, storing, checking, integrating, manipulating, analyzing and displaying data related to location. What separates GIS from other types of information/databases is that everything is based on location (georeference).” Link

“GIS organizes geographic data so that a person reading a map can select data necessary for a specific project or task. A thematic map has a table of contents that allows the reader to add layers of information to a basemap of real-world locations. For example, a social analyst might use the basemap of Eugene, Oregon, and select datasets from the U.S. Census Bureau to add data layers to a map that shows residents’ education levels, ages, and employment status.” Link

GIS is promoted as a valuable management tool for almost every imaginable aspect of society worldwide.

“Understanding the Earth as a system requires that our scientific information systems be conceptualized in such a way that they are capable of interfacing with one another and ultimately able to function as a single unified system” link

GIS is a powerful integrator of information and technology-

“As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations, resulting in tactical and strategic situational awareness and intelligence advantage.”   LINK

There is one thing you should keep in mind while reading this article; that information about you is valuable and powerful.

Whoever keeps and controls your information has the power to keep and control you.  Our wealth, reputations and perceived worth is bundled into something we call data and this data is, in reality, what we are assessed on in just about every aspect of our lives. From legal or financial decisions to political and personal opportunities-it is the information, the data about us that usually matters most.

Some definitions:

The word enterprise is used often to describe information systems in both business and government so it’s a good idea to understand what the term means.

Enterprise Information Systems– Enterprise Information Systems provide a technology platform that enables organizations to integrate and coordinate their business processes. They provide a single system that is central to the organization and ensure that information can be shared across all functional levels and management hierarchies. (Emphasis mine)  LINK

Geodata- isanyinformation with a geographic component.

GIS Enables Mass Surveillance

Mass Surveillance is the pervasive surveillance of an entire population, or a substantial fraction thereof.

Mass surveillance enables social control

Social control refers generally to societal and political mechanisms or processes that regulate individual and group behavior, leading to conformity and compliance to the rules of a given society, state, or social group

GIS-What’s it good for?

“Geographic information system (GIS) technology leverages this geographic insight to address social, economic, business, and environmental concerns at local, regional, national, and global scales.”link

This article, The Evolution of Geospatial Technology Calls for Changes in Geospatial Research, Education and Government Management, written in 2009,  provides some useful insight about the potential for GIS technology to help create “more useful results” The authors, Jackson, Schell and Taylor explain that geospatial technologies have evolved and converged with a wide variety of other information technologies over the last fifteen years.

“Now they are of a piece, they “talk to one another” and interact freely in a fertile communications environment of wireless broadband, portable cell phone/computers, sensor-webs and, of course, the dynamically evolving environment of the World Wide Web.”

Jackson, Schell and Taylor explain the value of GIS tech for “industry stakeholders”, who are apparently on a mission to save us all.

“. . .expansion of human population and industry has brought humanity to a point of converging crises, and diverse industry stakeholders see geospatial technology in this context as a critical factor in enabling humanity to avoid disaster”

These GIS experts believe that  enlightened leaders must exert control over people and markets in order to bring about what they believe to be “more useful results” than would occur if people and markets were permitted to self-arrange.  In other words GIS is a tool for the managers and planners of society to control populations and the economy to produce the outcome that they know is best.

Jackson, Schell and Taylor write;

“. . . the market forces that drive the evolution of technology do not meaningfully, or in any disciplined way, take into full account the needs of science and social processes.”

I am no economist but the market forces or the law of supply and demand just observes that if there is a need for something the profit seeking market will oblige and at a price that reflects the real value of the service or good. What do the “needs of science” or “social processes” have to do with it?   Seems like if the market forces are not providing,   then there must not be a demand or the need is not one that can be met through the market.  Maybe they want “market forces” to address something that is beyond its scope and if that is true does this mean they want to bend those forces to serve a purpose it is not capable of?

Jackson, Schell and Taylor have an answer for those like me who might be hopelessly outdated in their ways of thinking;

“Public servants are warned away from the old fashioned approach should leading thinkers and policy planners persist in defending traditional institutional and economic intellectual practices.”

The “old fashioned approach” is the one that still dominates the thinking of many Americans.   I believe that Jackson, Schell and Taylor’s “traditional institutional practices” includes thepersistent idea that every individual has certain unalienable rights not grated them (and therefore not to be taken away from us) by government, as one that leading thinkers and policy planners need to be warned away from.  What should these thinkers and policy planners be focusing on instead?

“The point is, that governments should be thinking strategically about how geospatial technology should be positioned, through policy and law, to contribute as fully as possible to the social welfare and international cooperation. . .” 

Read More about The Evolution of Geospatial Technology

Here are just a few of the sectors of government, society actively utilizing GIS technology;

Government

Regulatory Compliance

“Government agencies use GIS to create and enforce environmental legislation. Services and businesses use GIS to comply with environmental regulations and mandates.

In addition, cooperation between agencies is simplified by the use of a central database that can be leveraged for cross purposes such as financial information, ownership, improvements, and plans.”(Emphasis mine) Link

Health and Human Services

GIS as a tool for the health industry entails leveraging a variety of personal and spatial data for the purpose of “creating a state of health

Location, location, location

Spatial data is is information related to place.

“The old real estate addage that “location is everything” holds a new meaning in today’s world. Not only can location tell us about where we are, it can also tell us about who we are and what we do. The spatial data systems that store and integrate facts about us are becoming just as, if not more, important than the maps that they produce. Location is the unique characteristic that can join disparate data sets and uncover a variety of information about our daily lives.”  Spy in the Sky: Spatial Data Privacy Issues in Geographic Information Systems

The touted benefits of GIS for health are many but the catch is too much to swallow.

You first have to accept the idea that information is equivalent to knowledge or wisdom and then you have to have utter faith that the government health managers will be eternally generous and utterly benevolent to all individuals-always. Personally, I say no thanks…but really, they aren’t asking us to agree.  They are simply doing it.  And they are doing it globally I might add.

The UN’s Millennium Development Goals

Harmonizing health information systems with information systems in other social and economic sectors.

The Millennium Declaration of eight development goals (MDGs) has intensified international pressure to strengthen information systems to monitor 48 target indicators–18 of which are health-related
. . .Geographical information systems provide coherent demonstrations of geographical disparities in poverty, social determinants and service delivery. Several systems are in use, for example, DevInfo has a mapping facility within it, and HealthMapper (42) is a WHO system for mapping public health data. The UN has set up a working group to agree standards and achieve some compatibility in core data and geographical boundaries.”

Barack Obama, September 22, 2010   ” And today, I’m announcing our new U.S. Global Development Policy — the first of its kind by an American administration. [. . .] it outlines our new approach and the new thinking that will guide our overall development efforts, including the plan that I promised last year and that my administration has delivered to pursue the Millennium Development Goals.  Put simply, the United States is changing the way we do business

Remarks by the President at the Millennium Development Goals Summit in New York, New York

By 2020, public health information systems in the United States, such as disease registries, will be integrated into grids linked by the National Health Information Network (NHIN) that will utilize the Next Generation Internet (NGI) or Internet2.
link

The following is from a GIS project report, Reflection and Comment Health GIS in the mid-west: Unexpected developments and directions, by Frank Houghton, Ireland.  The paper mostly focuses on the success of the project but it also includes some of Mr. Houghten’s concerns about the technology and how it is being utilized.

As noted in this report, GIS is being used as a powerful tool for central planning.  Under the heading of central planning falls the correcting the unequal distribution of resourceswhich, of course, is another way of saying “redistribution of wealth

A major focus of GIS should be in using it as a tool to help explore and highlight and fight inequality and poverty” 

Writing about the data being collected and geo-referenced on population health in Ireland, Frank Houghton notes;

“This report included not only ‘standard’ information, such as Census small area population     statistics and deprivation data, but also information from a host of previously unmapped and inaccessible computerised health information systems.”

Control

Mr. Houghton also refers to a “disquieting” aspect of the approach to GIS that emerged during this project.

“. . .the way in which it was discussed was very clearly connected with the issue of control. These overtones bring to mind sociological discussions around the issue of technology as a tool of oppression”

Houghton concludes;

. . .It is apparent that GIS has the potential to not merely maintain the status quo, but to be used actively as a means of management command and control.”

Frank Houghton Irish Centre for Research on Applied Social Studies, Limerick Institute of Technology and National Institute for Regional and Spatial Analysis

GIS is the Great Integrator

“Today’s GIS is foundational—it is based on open technologies and industry standards, meaning that it integrates fully with existing information systems. . . Geographic information systems bring together data from any source.” (Emphasis Mine)  IACP

“Geographic Information System (GIS) technology can help establish cross-sectoral communication – by providing not only very powerful tools for storage and analysis of multisectoral spatial and statistical data, but also by integrating databases of different sectors in the same format, structure and map projection in the GIS system.”

http://www.fao.org/sd/eidirect/gis/EIgis000.htm

“As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations, resulting in tactical and strategic situational awareness and intelligence advantage.”   LINK

Are we starting to get the gist of all of this?

GIS for Global Health

Global Public Health Grid (GPHG)

CDC/WHO GPHG

 

 The World Health Organization (WHO) and National Center of Public Health Informatics (NCPHI) have forged collaboration on a Global Public Health Grid (GPHG) initiative to enable global data exchange and collaborative development of globally shareable and interoperable systems, tools and services.  GPHG aims to improve global public health by providing a standards-based informatics platform, and collaboratively developing and implementing a wide range of public health informatics applications and services leveraging widely distributed global expertise, thus enabling dissemination and exchange of information across different jurisdictional levels.

Link

Public Health Mapping and GIS

International Health Regulations Coordination

“There is an urgent need to invest in the development and roll-out of a public health mapping and monitoring system at the subnational level in all countries as the basis for global, regional and national responses to the main health threats of the 21st century” Link

 

ADVANCED HEALTH INFORMATION SHARING WITH WEB-BASED GIS

2007 A global partnership

“Since its establishment in the 1990s, the Programme has built a global partnership involving WHO Member States, WHO Regional Offices and Country Offices, other UN agencies and bilateral partners, universities and research institutions, collaborating centres, the private sector and the Bill and Melinda Gates Foundation.

[. . .]” Public health mapping and GIS enable the standardization of surveillance data from village level to global level and across diseases, as well as the analysis of health-related data from other sectors such as education, environment or official development assistance. In addition, target populations can be precisely located and profiled without time-consuming and costly field research” LINK

 

Oklahoma Health and GIS

Oklahoma State Department of Health Geographic Information Systems (GIS) Needs Assessment and Requirements Analysis Report of Findings and Recommendations 2008

FINDING

Historically, the model of GIS coordination at OSDH has been decentralized.

RECOMMENDATION:

OSDH can better focus mapping activities by continuing with and expanding upon the centralization efforts that were initiated in 2006 with the hiring of the GIS Coordinator and strengthened by the creation of the GIS Advisory Committee. Carefully guided centralization efforts will provide for efficient and effective application of GIS technology. Pg 1

There is a need to normalize datasets and to create agency-wide identifiers for people and facilities to enable higher quality analysis and program evaluation.

The Health Informatics Council and its subcommittees are addressing people identifiers.

Pg 3

GIS in OKLAHOMA

In 1994 the Oklahoma Legislature passed and the Governor signed a bill that authorized the Oklahoma Conservation Commission to prepare a “Strategy for Developing a GIS for the State of Oklahoma” and created the State GIS Council to assist the Conservation Commission in this project. The Conservation Commission serves as the chair of the State GIS Council. For more information on the State GIS Council, visit their web site at http://www.okmaps.onenet.net.

In 2007, the Council expanded on the initial goals set forth in the legislation, identifying eight primary issues in the development of the strategy http://www.okmaps.onenet.net/mission.htm

More information about GIS development in Oklahoma

Oklahoma Office of Geographic Information

Strategic & Business Plan for Fiscal Years 2008 – 2010

Oklahoma GIS “Next Steps” 

“Expand the GeoCIP® GIS to include social and economic assets,(Emphasis mine) such as demographics, schools, social or cultural groups, business establishments, land parcels, sales or tax records, workforce, etc. for comprehensive asset mapping and economic development planning”

Source-Oklahoma GI Council presentation dated 6 November 2009

Data Fusion Centers

More uses for GIS

Public Safety

Natural Resources

Even more uses for GIS

 

GIS for Law Enforcement and Homeland Security

Under Public Safety falls Fire and Emergency, Homeland Security, Law Enforcement.  Here are some excerpts from a paper entitled“Breaking Down Barrierswritten in 2009by Paul Christin.   I think gives a good picture of the function of GIS in this area.

Policing, Intelligence, Fusion

How Can This Be Done?

“Geographic information systems (GIS) have long been used by government agencies to build and maintain data and provide numerous services. Local, state and federal agencies have built large spatial databases over many years of GIS use. GIS mapping technology has become more prevalent in law enforcement and homeland security agencies in recent years. Indeed, geospatial capabilities within data fusion and intelligence centers — for both law enforcement and homeland security — are essential for collecting diverse data from multiple sources.              

A GIS-enabled platform integrates existing tools (such as link analysis, remote sensing and computer modeling) and emerging technologies (such as video surveillance, hazardous material detectors, license plate readers and biometric sensors). GIS links information systems with data capture devices and uses geography or the geographic component of data to link these independent pieces into a single, comprehensive whole.

GIS works within IT as the framework to capture, model, identify and manipulate data about behavior. . .To prevent crime or terrorist acts, you need something that can help track and model behavior to understand where problems are emerging. GIS technology can quickly access and integrate relevant variables (the location of incidents, common elements, time sequence, geographic features common to incident types, demographics and other variables) that establish patterns and trends. These results can then be fused with dynamic data feeds (traffic patterns, camera surveillance, 9-1-1 calls, weather, etc.) to develop comprehensive situational awareness.

Information, once captured, can be integrated with other data, analyzed and disseminated to anyone who needs it, no matter the location or agency for which the requester works. It’s a new law enforcement and homeland security IT approach thats changing the way agencies operate in the new millennium.” (Emphasis mine)

Breaking Down Barriers, Paul Christin, Homeland Security Specialist for ESRI  2009

Take a look at the data used with GIS to create “situational awareness” for Homeland Security purposes;

ESRI White Paper: Public Safety and Homeland Security Situational AwarenessGIS Situational Awareness Taxonomy  LINK

Common Data
Sources for Public
Safety Situational
Awareness

GIS is a core technology in the situational awareness landscape

Data Mining and Predictive Analytics

To address these issues, Information Builders has introduced Law Enforcement Analytics (LEA) to make all these data sources available for officers across the enterprise – providing a solution for intelligence-led and predictive policing. LEA combines many technologies – including traditional business intelligence (BI) concepts such as dashboards and scorecards, powerful ad hoc and predictive analytics, interactive mapping capabilities, data mining, and enterprise search.  LINK

Beverly Eakman on predictive analytics (Yes. She is talking about its use in schools)

“Today, hundreds of seemingly unrelated pieces of data that reveal political leanings and parental views are fed into a “predictive” computer algorithm. What’s a predictive computer algorithm? Well, it’s a mathematical formula that sifts masses of information, then predicts what a person will probably do, given various hypothetical scenarios. “

More on Predictive Analytics

The potential for good that could come from such a massive amount and variety of information that can be collected, analyzed, shared and integrated and referenced by physical location by GIS is fast overshadowed by the realization of the potential for abuse this technology enables.  And that is no idle concern.  It has transformed what was once one of GIS technologies greatest champions into an outspoken critic who hopes to be able to reverse the course of the technology that he once worked so hard to advance.

KU professor helps create emergency response database 2001

LAWRENCE — If there is such a thing as a weapon against weapons of mass destruction, Jerry Dobson is helping to perfect it. .

The database is supported by a geographical information system (GIS) that combines data from a variety of sources, including best-available census counts of every country in the world, terrain and nighttime lights interpreted from satellite images, road networks and elevations. The LandScan Global Population Database provides the distribution of people in sections even more precise than one square kilometer per cell

. . . The database is already popular among several organizations involved in the war on terrorism, including the United Nations, the World Health Organization and the U.S. State and Defense departments, he said.

. . .While much has been said about this war being unlike any previous one, that point perhaps is best illustrated in the growing importance of the LandScan database. By providing crucial information on population distribution, it is helping authorities balance the need to keep an eye on global developments that affect specific communities.

“I’ve used the expression ‘Global threats to local places,’ and that’s what we are facing now,” Dobson said.

http://www.news.ku.edu/2001/01N/OctNews/Oct11/dobson.html

Between 2001 and 2003 Dobson did an about face.

KU researcher warns against potential threat of ‘geoslavery’

March 5, 2003

LAWRENCE — Jerome Dobson wants to make sure his field of research doesn’t aid the greatest threat to personal freedom.

As a pioneer of geographic information systems (GIS), Dobson, a researcher at the Kansas Applied Remote Sensing Program at the University of Kansas, helped develop the technology that now is commonplace in government, business and practically every aspect of modern life.

Since 1975, Dobson has used GIS for a number of applications — from conducting environmental analyses to identifying populations at risk of terrorism and natural disasters — by combining data sets such as detailed population counts of every country in the world, terrain and nighttime lights interpreted from satellite images, road networks and elevations. Dobson, who is a professor of geography at KU, also is president of the American Geographical Society.

Unfortunately, the same technology that has so many beneficial uses also has the potential to create a highly sophisticated form of slavery, or “geoslavery,” as Dobson calls it. What worries Dobson is that GIS technology easily could be used not only to spy on people but to control them as well.

“It concerns me that something I thought was wonderful has a downside that may lead to geoslavery — the greatest threat to freedom we’ve ever experienced in human history,” he said.

Read More

Here’s one more qualified expert whose words should carry some weight.  GIS is just one more technology that appears to be elemental in what Brzezinski calls the “technotronic era

“The technotronic era involves the gradual appearance of a more controlled society.   Such a society would be dominated by an elite, unrestrained by traditional values. […] The capacity to assert social and political control over the individual will vastly increase.  It will soon be possible to assert almost continuous surveillance over every citizen and to maintain up-to-date, complete files, containing even most personal information about the health or personal behavior of the citizen in addition to more customary data.   These files will be subject to instantaneous retrieval by the authorities.”

-Zbigniew Brzezinski

 

Oklahoma Beat the “Chippers”!

A refresher on the Anti Chipping Bill,  HB 2569;

For a more in depth review see “Meet The Chippers”

HOUSE BILL 2569    would have protected the privacy and dignity of Oklahoman’s by prohibiting the use of RFID chips on our state driver’s license and ID cards.


(I noticed that the Nebraska Grassroots are getting their yuks up at the chippers’ expense-Cheers!)



This popular bill passed both the House and the Senate and was sent to the Governor on 4/26/10.

HB 2569 was targeted from the beginning by an out-of-state special interest group called SIA (Security Industry Associations, in Alexandria, VA).

Later, legislator-turned-lobbyist Jim Dunlap, representing HID Global (a SIA member) attempted have the bill amended to allow for RFID tracking tags on our OK DL/IDs.

After much uproar the amendment was withdrawn.

4/26/10 SIA CEO Richard Chace sent a letter to the Governor asking him to veto HB 2569;

Henry vetoed the bill on 4/28/10.

The House ran a veto override on 5/11/10 which failed 69-19. [13 members were excused, several of whom walked the vote].

Although support was secured for a 2nd veto override attempt, House leadership balked and wouldn’t run it.

Now!  Here are the less than chipper “Chippers” after the election results rolled in Nov 2, 2010

Ken Corn gets a special honor because he wrote the bill in 2009 to try and slip the chip into our drivers licenses AND because Richie “the Chipper” Chace sent Ken Corn one of his special notes about it.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

Richard Chace-Business is Booming

Oklahoma State Rep. Charles Key Demands AP Retraction

DEMAND FOR RETRACTION AND RELEASE OF RECORDED INTERVIEW

April 15, 2010                                       HAND DELIVERED

On Thursday April 8, 2010, Sean Murphy of the Associated Press came to my office
and asked to speak about some rumors “they” had heard about militias.  He said
“they” had heard that there were some legislators who were considering filing
legislation about ‘the militia’.  He was very persistent about trying to get
comments from me about militias and asked if I knew anything about that or heard
anything about that.  I told him unequivocally that I knew nothing about that
and had not heard anyone talk about or request a legislator address this issue
in any way.  We then talked about state sovereignty issues and the liberal
interpretation of the “Commerce Clause” in Article 1, Section 8 of the U.S.
Constitution.

I was surprised to learn of the article that appeared in The Oklahoman and other
media outlets on Monday, April 12, 2010 that attributed to me a statement I
never made.  The statement attributed to me was not in quotation marks and the
interview of April 8 was not recorded to my knowledge.  My office has been
inundated with inquiries about this false statement.

Tuesday, April 13, Sean Murphy came by my office and asked to speak with me.  He
said he wanted to apologize if the article had caused me or my legislative
assistant any problems.  I told him that he got it terribly wrong and reminded
him that I didn’t know anything about an interest and never said I was
considering filing legislation related to militia.  He then made a statement
that stories are sometimes edited and that can alter the intent of the
interviewee.  He then said he wanted to get it right and asked if he could
record our conversation.  I agreed and we did another interview.  I expected to
see a corrected article to follow.

I am demanding a retraction and that the recording from the second interview be
released.

Charles Key

County joins others in state with isolation and quarantine policy

Nov. 29, 2009

Oklahoma’s Law is much the same after changes made or added in 2008-see below.

AxXiom


News From 91.3 KUWS

Douglas County joins others in state with isolation and quarantine policy

Story posted Friday at 11:38 a.m. 11/27/2009

Wisconsin counties have a little-known policy that allows forced isolation or quarantine of people using armed law enforcement and deputized civilians. Mike Simonson reports from Superior. This is to help health officials in a worst-case scenario to contain outbreaks.

Wisconsin statute requires each county to have an isolation and quarantine procedure. The order originated with the Centers for Disease Control from anthrax threats in 2001. But the policy is broader. It includes isolating people infected or even suspected of being infected with a contagious disease such as tuberculosis or in a flu pandemic. Douglas County Health Officer Deb Clasen says every county health officer in the state can now order that guards be put on infectious people.

http://www.businessnorth.com/kuws.asp?RID=3172

____________________________________________________

Oklahoma

State Quarantine and Isolation Statutes Updated April 2009

Oklahoma

Okla. Stat. tit. 63 §§ 1-502, 504

Authority. The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease.

Whenever a local health officer determines or suspects that a person has a communicable disease, he may impose a quarantine on the place or premises where such person usually stays, and notice thereof shall be given in accordance with the rules and regulations of the State Board of Health.

**But you need to see administrative rules to really understand how our govt. has decided it would be best handle such a  scenario.   This is not where I would expect to find such serious alterations of law which were adopted in 2008.  See below**

Okla. Stat. tit. 21 § 1195

Penalties. Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation is guilty of a misdemeanor.

http://www.ncsl.org/default.aspx?tabid=17104

TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

310:521-7-1. Examination

The Commissioner may issue an order for the examination of any individual upon the suspicion or confirmation that said individual has a communicable disease. Such examination may include a clinical examination, a specific diagnostic test or tests, or a specific laboratory test or tests. The purpose of such examination(s) and/or test(s) is to determine the presence of the suspected infectious organism or the presence of indicators of the suspected infectious organism, and to determine the contagious state of the individual to the extent possible.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-2. Treatment

The Commissioner may issue an order for the treatment of any individual suspected or confirmed to have a communicable disease. The Commissioner may also order the treatment of any individual or individuals exposed to certain infectious agents. Such treatment plans will be according to procedures developed within the Department.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-3. Isolation or quarantine

(a) Isolation. The Commissioner may issue an order for the isolation of any individual or group of individuals upon determination:

(1) That such individual or individuals who are reasonably known or suspected to have a communicable disease constituting a biologic public health threat and who remain within the transmission period for said disease; and
(2) That isolation is the necessary means to control the spread of the agent and the disease constituting a biologic public health threat.

(b) Quarantine. The Commissioner may issue an order for the quarantine of any individual or group of individuals upon determination:

That such individual or individuals who are reasonably known or suspected to have been exposed to a communicable disease constituting a biologic public health threat and who remain within the incubation period for said disease; and

(2) That quarantine is the necessary means to contain the communicable disease constituting a biologic public health threat  to which an individual or individuals have been or may have been exposed.

(c) Affected area. The Commissioner may issue an order for the quarantine of a facility, complex, or campus including but not limited to an apartment complex, dormitory, health care facility, hotel, correctional facility, or the individuals therein.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Any person who is subject to an order of the Commissioner for isolation or quarantine and who contests such an order may request an individual proceeding or hearing. In order to uphold a quarantine order the Department must prove by a preponderance of the evidence that the Respondent was, or was suspected of having been, exposed to an infectious disease constituting a biologic public health threat.

In order to uphold an isolation order the Department must prove by a preponderance of the evidence that the Respondent has, or is suspected of having, an infectious disease constituting a biologic public health threat.

If requested, an individual proceeding pursuant to this subsection shall be convened as quickly as reasonably possible, which may be held telephonically or by other electronic means.  (see exceptions part c)

A Respondent may request a hearing verbally or in writing. If the request for hearing is verbal, it shall be the duty of the hearing officer to take a statement for the record of the Respondent’s reason for contesting the Commissioner’s order.

the Commissioner’s order is upheld at the conclusion of the hearing, the Respondent may appeal the administrative decision pursuant to Section 318 of Title 75 of the Oklahoma Statutes.

(b) Upon finding that there is probable cause to believe that any individual or individuals who are subject to an order of examination, treatment, isolation, or quarantine has failed to or refuse to comply with such order, the Commissioner may request an emergency order from the district court to enforce the Commissioner’s order.

If granted, the emergency order shall require the individual or individuals to be taken immediately into custody by law enforcement officials for the purpose of examination or treatment or to be detained for the duration of the order of isolation or quarantine or until the Commissioner determines that the risk of transmission of a biologic public health threat is no longer present.

(c) Subsections a or b of this section may be suspended in the event of a declaration of emergency by the Governor pursuant to Oklahoma law or upon written directive of the Commissioner of Health to employ a constitutionally-sufficient alternative process due to exigent circumstances during such emergency. Such suspension of subsections a and b shall only exist for the duration of the emergency.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Is there a constitutional alternative to Due Process of Law??

310:521-7-7. Health status monitoring
A representative of the Department shall monitor the health status of those under quarantine or isolation according to means dictated through procedure of the Department. Such means may include use of appropriate data collection forms, use of appropriate medical tests and or procedures, regular telephone calls, visits by local health personnel or other pre-determined providers, self-reports, reports of caregivers or healthcare providers, or by other means. If an individual or individuals under quarantine develop symptoms compatible with a disease constituting a biologic public health threat, then such individual or individuals may be further ordered into isolation.

[Source: Added at 25 Ok Reg 1148, eff 5-2-08

Oklahoma Office of Administrative Rules- OAR

www.oar.state.ok.us