The Board of Health To Be Stripped of Rulemaking Powers

  The Board of Health meeting adjourned and the members left promptly. They met for less than one hour. They meet like this almost every month. Then they go back to the counties they come from & represent. Nearly half of the state's population is vastly under-represented, because every county is given equal weight regardless of population size.

  Two of their members Skillings and Gerard, presented motions to create emergency laws not authorized by the voters nor the legislature. Gov. Fallin opted to keep the legislature from coming back into session for this process. Fallin now has sole authority to sign off on these set of emergency measures. Director Bates is a former asst. AG and a competent lawyer. As is his legal team, headed by Julie Ezell, who both opposed the last-minute laws that the board passed.

  This latest escapade of Cannabis Medicine Rulemaking demonstrates the wisdom of HB3036 by Rep Mark Lepak & Sen. greg Treat.  It holds the governor accountable for the Commissioner of Health (a new title with new policymaking authority). The existing Board of Health is being demoted to the "Board of Advisors".

  HB3036 was signed into law and is effective January 14th. (after a new Governor takes office). It fundamentally restructures the Dept. of Health. There will be a commissioner, instead of a hired  executive director. There will be an an advisory board, but the board only advises. they don't hire or fire the director.

Health Dept. Director, Tom Bates, stares down in dismay over the actions of his bosses, including the Board President, Tim Starkey.

It means that:
1. after January 14th they no longer can make up this type of rules
2. the Commissioner of Health will be appointed by the new governor, and will make the agency rules & codes 
3. the Governor will be able to fire the commissioner 
4. the Legislature will be able to negotiate with the governor regarding agency powers vs legislative statutes.

Below is the text of HB3036. The full section of the existing Oklahoma code is listed. The authors of HB3036 simple crossed out the deleted language and inserted their substitute language as underlined.

In a recent discussion with a legislative leader,  we asked  why physicians seem to have a common trait of trying to use the legal code to control the behavior of the general public. He responded; "they have a 'god complex'. It must be part of their medical school training." 
  This seems to also be apparent in the Board of Health, which is dominated by physicians and hospital administration.  And as our healthcare has become more socialist, the boldness of asserting behavioral mandates is increasing even more. When you add the impact of the moralists who cling to fundamentalist dogma, there is a powerful force for arrogance.
  So lets get to know these members of the Board of health. Who do they work for? Where do they live? Who are they answerable to?  we know that on Monday the medical association which has power to destroy the careers of any 'wayward doctor' came out adamantly opposed to several decisions of the board. And one doctor amended the report to the satisfaction of the board who issues his license to practice.

Timothy E. Starkey, M.B.A. - President
 Mr. Starkey is the Executive Director of the Great Salt Plains Health Center in Cherokee, Oklahoma. He has 25 years of experience in the healthcare industry and is a Fellow of the American College of Healthcare Executives. Mr. Starkey represents Cimarron, Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant, Garfield, Kay and Noble counties.
Term Expires: 6/30/2021

Edward A. Legako, M.D. - Vice President
 Dr. Legako is a pediatrician in private practice in Lawton, Oklahoma for the past 36 years.  He serves on the Board of Trustees of Comanche County Memorial Hospital.  Additionally, he serves on the Board of the Oklahoma Chapter of the American Academy of Pediatrics and is a past president.  He is Vice-President of Southwest Fit Kids and President of the Lawton Farmers Market.  Dr. Legako represents Blaine, Kingfisher, Canadian, Caddo, Grady, Comanche, Jefferson, Stephens and Cotton counties.
Term Expires: 6/30/2019

Becky Payton - Treasurer
 Ms. Payton is regional vice president of operations for Mercy Hospital. She served in human resources in the manufacturing industry before she joined Mercy as vice president of human resources in 2008. Ms.Payton has served as regional Vice President since 2014. She currently serves on the boards of Mercy Hospital Ada, Mercy Hospital Logan County, Mercy Rehabilitation Hospital Oklahoma City and Oklahoma Heart Hospital. She is a member at-large on the State Board of Health. 
Term Expires: 6/30/2024

Jenny Alexopulos, D.O.
​Dr. Alexopulos is  the Associate Dean of Clinical Services and Professor of Family Medicine with the Oklahoma State University College of Osteopathic Medicine.  She is also board-certified by the American Osteopathic Board of Family Physicians. Dr. Alexopulos represents Ottawa, Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee, and Osage counties.
Term Expires: 6/30/2023

Terry R. Gerard II, D.O.
​Dr. Gerard is board-certified in Family Medicine and is currently an Emergency Department Physician at the Medical Center of Southeastern Oklahoma, Durant, OK. He is a member of the American Osteopathic Association and the Oklahoma Osteopathic Association. He represents LeFlore, Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan, Marshall, Carter, and Love counties.  
Term Expires: 6/30/2020

Charles W. Grim, D.D.S., M.H.S.A
​Dr. Grim is the Deputy Director of Health Services for the Cherokee Nation. He is a former Director of Indian Health Services (IHS), and a retired Assistant Surgeon General and Rear Admiral (upper half) in the Commissioned Corps of the United States Public Health Services (USPHS). He is board certified in Dental Public Health, a member of the Society of American Indian Dentists, a Fellow in the Academy of General Dentistry and a Diplomate of the American Board of Dental Public Health. Dr. Grim represents Adair, Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and Okmulgee counties.
Term Expires: 6/30/2022

R. Murali Krishna, M.D.
​Dr. Krishna is senior consultant of INTEGRIS Mind-Brain Health; co-founder and president of INTEGRIS James L. Hall Jr. Center for Mind, Body and Spirit;  past president of INTEGRIS Mental Health; founder, past president and current board member of the Health Alliance for the Uninsured; a clinical professor of Psychiatry at the University of Oklahoma Health Sciences Center Department of Psychiatry and Behavioral Science; past president of the Oklahoma County Medical Society; past president of the Oklahoma Psychiatric Association, and a distinguished life fellow of the American Psychiatric Association. A resident of Edmond, Dr. Krishna represents Logan, Oklahoma, Cleveland, McClain, Garvin, Murray and Payne counties.
Term Expires 6/30/2026

Ronald D. Osterhout, M.S.
​Mr. Osterhout is a resident of Altus. He graduated from Oklahoma State University with a BS and MS in engineering and has 40 years of experience in domestic and international oil and gas exploration and production. Mr. Osterhout is now Involved in production agriculture in southwestern Oklahoma. He was previously a member of the Board of Health from 1998 to 2007. He represents Ellis, Dewey, Custer, Roger Mills, Beckham, Washita, Kiowa, Greer, Jackson, Harmon, and Tillman counties.
Term Expires: 6/30/2025

Charles E. Skillings
​Mr. Skillings serves as Chief Executive Officer, President and Director of St. Anthony Shawnee Hospital and began his career at Shawnee Medical Center Hospital in 1978. He serves as a member of the Board of Directors of the Shawnee Economic Development Foundation and is a member of the American College of Healthcare Executives the Oklahoma Hospital Association, Shawnee Chamber of Commerce, He represents Creek, LIncoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes, Johnston and Coal counties.
Term expires 6/30/2027