Executive Order 2021-7
On February 11, 2021, the 409,401
st 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
("CDC") 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 in Eighth
Amended Executive Order 2020-07, 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, and I have issued a series of Executive Orders over the last few
months addressing the ongoing effects of the virus, the last of which, Ninth
Amended Executive Order 2020-20, was issued on January 13, 2021. While we are
one of the national leaders in COVID-19 vaccinations as more than 14.4% of
eligible Oklahomans have received their first dose, the pandemic still needs to
be addressed in various ways by Executive Order.
As COVID-19's impact continues to affect our State and its
citizens, it is important to continue to take measures to protect all
Oklahomans against this threat. Therefore, I believe, after consultation with
numerous health experts within my administration, it is still 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.
In view of the foregoing, 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 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 Statewide
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. State agencies, in
responding to this emergency, may employ additional staff without regard to the
classification requirements of such employment.
5. State agencies engaging in rulemaking as
set forth in 75 O.S. § 303 may conduct virtual public comment hearings via
videoconference.
In addition, I direct as follows:
1. Until March 12, 2021, 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.
2. 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 OSDH, as
applicable to the services they provide. This shall include, but will not be
limited to, the submission as set forth below, 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 daily
submission of the number of available (i) ICU beds, (ii) medical surgery beds,
and (iii) the number of Covid positive patients in the hospital receiving
treatment; and
b. The weekly
submission, on each Wednesday, of (i) the Personal Protective Equipment stock
on hand; (ii) the number of available ventilators; and (iii) the number of
available anesthesia machines capable of ventilation.
3. 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
OSDH, as well as to the local health department, reports in a format prescribed
by OSDH on a daily basis (or as often as new specimens have been received or
processed) of all test results, both positive and negative, and the number of
samples/specimens received and pending processing, for all days from the date
hereof forward. In addition, OSDH shall promptly share this information with
the CDC.
4. Oklahoma State
regulations requiring Clinical Laboratory Improvement Amendment ("CLIA")
certification for testing laboratories are hereby suspended for the
universities named below and for the narrow purposes described herein. During
this suspension, laboratories operated by or through the University of
Oklahoma, including the OU Medicine Laboratory, 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 and
the OU Medicine Laboratory, 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.
5. Until March 12, 2021, 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.
6. Until March 12, 2021, 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. 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.
7. Except as otherwise
provided herein, all persons on property, including buildings and office space,
owned or leased by the State of Oklahoma shall wear a facial covering or mask
over the mouth and nose at all times where physical distancing measures may be
difficult to observe. This only applies to persons while indoors or when in an
outdoor space, wherever it is not feasible to maintain six feet of social
distance from another person. Facial coverings or masks are not required in the
following circumstances:
a. In state owned
and leased vehicles, if only occupied by one occupant;
b. When a person is alone in an enclosed
space;
c. When the individual has
a bona fide religious objection to wearing a facial covering or mask;
d. While eating or drinking;
e. When a licensed healthcare
provider has determined that wearing a facial covering or mask causes or
aggravates a health condition for the individual;
f. When wearing a facial covering or mask
would prevent the receipt of services or performing work in the course of
employment;
g. When complying with
the directions of law enforcement or for the purposes of verifying a person's
identity; and
h. Children under
the age of 10.
8.
Unless otherwise provided herein, public and social gatherings of persons not
from the same household shall be limited to fifty percent (50%) of the building
or area's permitted occupancy as set forth in the Certificate of Occupancy or
other building permit for use and occupancy of the building or area. Public and
social gatherings mean a gathering or organized event among persons not part of
the same household. This shall not apply to gatherings in a private residence,
buildings or businesses providing religious, healthcare, educational, public
safety, and childcare services, and businesses previously impacted by Paragraph
26 of the Eighth Amended Executive Order 2020-20 and exempted therein.
Exceptions to this prohibition may be granted by the local health authority.
9. Attendance at indoor youth
sports and extracurricular activities, including those organized through or
sponsored by a public or private school, shall be limited to fifty percent
(50%) of the building or area's permitted occupancy as set forth in the
Certificate of Occupancy or other building permit for use and occupancy of the
building or area.
This Order shall be effective until the end of
thirty 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, 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 12
th day of February, 2021.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Brian Bingman
Secretary of State
