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Ex. DUT-OK-003 Standing duty Primary source read

63 O.S. 1-106

State Commissioner of Health - Qualifications - Powers and Duties

Oklahoma Legislature (Oklahoma Public Health Code; the State Commissioner of Health) · Oklahoma (State)

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The record

Jurisdiction
Oklahoma
Level
State
Authority
63 O.S. ch. 1, art. 1 (Administration)
Issued
2004-11-01 Nov. 1, 2004
Effective
standing (read as 2004-11-01)
End
standing (read as 2021-09-30)
In force
Standing since Nov. 1, 2004 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding dutyOperating condition
Addressees
  • owners or persons in control of premises ('all buildings and places of public resort'); persons generally (segregation, isolation, quarantine)
Character
statutory authority
Collection
Standing duties: Oklahoma DUT-OK

Operative words

all buildings and places of public resort, and recommend, prescribe and enforce such measures of health, sanitation and safety for them as the Commissioner deems advisable; take such measures as deemed necessary by the Commissioner to control or suppress, or to prevent the occurrence or spread of, any communicable, contagious or infectious disease

Penalty

Enforcement by orders under the Administrative Procedures Act (paragraph C.4) and by the Code's licensing and nuisance provisions (63 O.S. 1-1011, 1-1118; DUT-OK-017, DUT-OK-018); 21 O.S. 1195 and 1199 (DUT-OK-004, DUT-OK-005)

What it required

The Commissioner of Health, the 'public health authority' under the Catastrophic Health Emergency Powers Act (63 O.S. 6104(11)), holds standing power to prescribe and enforce health, sanitation and safety measures for every building and place of public resort, to take measures to prevent the spread of communicable disease, to 'provide for the segregation and isolation of persons having or suspected of having any such disease', to 'designate places of quarantine or isolation' and to 'abate any nuisance affecting injuriously the health of the public', with a right of access to any premises (paragraph C.4); the OSDH COVID-19 protocols the orders incorporated were exercises of this power. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The exhibit is the current codification (OSCN 2026). The 2004-2022 version was not separately retrievable (OSCN's superseded-version records were behind an automated-traffic challenge); the enrolled bills of 2022 (SB 709), 2025 (SB 949, HB 2013) and 2026 (SB 2184) were read from oklegislature.gov and each carries the quoted paragraph, and their titles state subjects other than the Commissioner's disease-control powers. Ho v. Tulsa Spine, 2021 OK 68, para. 23 (DUT-OK-019) describes health codes issued by the boards of health 'as directed by the Legislature' as 'clear and compelling... expressions of public policy'.