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Ex. DUT-OK-008 Standing duty Primary source read

63 O.S. 6403

Declaration of Catastrophic Health Emergency - Governor's Authority

Oklahoma Legislature (Catastrophic Health Emergency Powers Act) · Oklahoma (State)

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The record

Jurisdiction
Oklahoma
Level
State
Authority
63 O.S. ch. 81 (Catastrophic Health Emergency Powers Act), 63 O.S. 6101 et seq.; invoked by EO 2020-12 (Apr. 2, 2020, Ex. OK-012) and Amended EO 2020-12 (May 1, 2020, Ex. OK-024) with the Legislature's concurrence
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (operative during a declared catastrophic health emergency: April 2 to May 30, 2020 per Ex. OK-012 and OK-024) (read as 2020-05-30)
End
standing (read as 2021-09-30)
In force
Standing since May 30, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationHealth care ordersStanding duty
Addressees
  • the State's agencies and political subdivisions; persons generally through the public health authority's powers; health care facilities and providers
Character
statutory authority
Collection
Standing duties: Oklahoma DUT-OK

Operative words

During a state of catastrophic health emergency, the Governor may:... 2. Utilize all available resources of the state government and its political subdivisions, as reasonably necessary to respond to the catastrophic health emergency... The public health authority shall coordinate all matters pertaining to the catastrophic health emergency response of the state.

Penalty

Enforcement through the Public Health Code (DUT-OK-001 to DUT-OK-005) and the Emergency Management Act (DUT-OK-007); the Act's own sections read (6403, 6104, 6402, 6406) carry no general penalty

What it required

On the Governor's declaration the Act 'activate[s] the disaster response and recovery aspects of the state, local, and inter-jurisdictional disaster emergency plans' (subsection A); the Governor may suspend regulatory statutes and agency rules, use all State and local resources, transfer agency personnel and functions and mobilize the National Guard (subsection B); the Commissioner of Health, as 'public health authority' (63 O.S. 6104(11)), holds 'primary jurisdiction, responsibility, and authority' for assessment, mitigation, response and recovery (subsection C). A 'catastrophic health emergency' includes 'the appearance of a novel or previously controlled or eradicated infectious agent' posing a high probability of many deaths or 'widespread exposure to an infectious or toxic agent' (63 O.S. 6104(2), read). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

63 O.S. 6104 (read, not saved) defines 'isolation' and 'quarantine' as 'the physical separation and confinement of an individual or groups of individuals' and names the Commissioner of Health as 'public health authority' and the Commissioner of Public Safety as 'public safety authority'; 63 O.S. 6402 (read) prescribes the contents of the declaration; 63 O.S. 6405 governs termination by the Legislature (the Legislature terminated the catastrophic health emergency effective May 30, 2020, Ex. OK-024 recital). Ho v. Tulsa Spine, 2021 OK 68, paras. 20-25, quotes 6403(B) and holds the 2020 orders were issued 'within the full authority statutorily granted by the Legislature pursuant to 63 O.S. 2011 6403, and 683.1 and 683.9' (DUT-OK-019).