Enforcement

(a) Inspections. All hospitals required to have a license are subject to inspection by Department staff. This includes hospitals under construction that have submitted final drawings and made application for a license. These inspections may be routine or conducted as a result of a complaint investigation. (b) Adverse actions. The State Commissioner of Health may suspend or revoke any hospital license based on any of the following: OAC 310:667 OKLAHOMA STATE DEPARTMENT OF HEALTH 8 September 13, 2019 (1) Violation of any provisions of 63 O.S. 1991, § 1-701 et seq. or this Chapter. (2) Permitting, aiding or abetting the commission of any illegal act in the licensed hospital. (3) Conduct of practices deemed by the Commissioner to be detrimental to the welfare of patients of the hospital. (c) Hearings. Hearings shall be conducted according to the Administrative Procedures Act and Chapter 2 of this Title 310:002. (d) Appeals. A final order of the Commissioner of Health may be appealed to the District Court by any party affected or aggrieved by the order. 310:667-1-5. Purpose, authority and indoor tobacco smoke (a) The purpose of this section is to establish a prevention program for several non-communicable diseases, which will improve the health of Oklahomans by eliminating exposure to secondhand tobacco smoke and its deadly effects. This section abates the public health nuisance of secondhand smoke under the authority of the Commissioner of Health as specified under Section 1-106(b)(1) of Title 63 of the Oklahoma Statutes. This section also further specifies how compliance with the Smoking in Public Places Act will be accomplished. [63 O.S. §§ 1-1521 et seq.] (b) The Commissioner of Health has conducted a study and is recommending these measures to the Board of Health under his authority as stated in section 1-106 of the Public Health Code. [63 O.S. § 1- 106] The Board has the authority to establish prevention programs for non-communicable disease and to promulgate rules for the control of causative or toxic substances, which can cause disease under section 1-502b of the Public Health Code. [63 O.S. § 1-502b] The Board is adopting this rule under its authority in sections 1-104 and 1-1526 of Title 63 of the Oklahoma Statutes. [63 O.S. §§ 1-104 & 1-1526] (c) Smoking or possessing a lighted tobacco product is prohibited in a hospital and within fifteen (15) feet of each entrance to a facility and of any air intakes; provided however, the hospital may provide a smoking room not available to the public for use by addicted patients with a physician’s or licensed independent practitioner’s order. (d) An indoor smoking room may be provided if: (1) It is completely enclosed; (2) It is exhausted directly to the outside and maintained under negative pressure sufficient to prevent any tobacco smoke from entering non-smoking areas of the building; (3) It allows for visual observation of the patients from outside of the smoking room; and (4) The plans are reviewed and approved by the Department. (e) The walkway to the main entrance shall also be smoke free. (f) No ashtray shall be located closer than fifteen (15) feet to an entrance, except in an indoor smoking room. (g) Should construction requirements not be in agreement with this rule, the stricter rule shall apply. OAC 310:667 OKLAHOMA STATE DEPARTMENT OF HEALTH 9 September 13, 2019 [Source: Added at 19 Ok Reg 2097, eff 7-01-2002] SUBCHAPTER 3. PATIENT RIGHTS