§ 63-1-229.5. Review and recommendation of State Plan for Tobacco Use Prevention and Cessation – Invitations to bid for program contract proposals – Evaluations – Youth Tobacco Survey.

A.  On or before January 1, 2002, the Department, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall review and recommend a State Plan for Tobacco Use Prevention and Cessation that is in compliance with nationally recognized guidelines or scientific evidence of effectiveness.  On or before January 1 of each year, the State Department of Health may propose amendments to the plan.  The Department shall submit its proposed State Plan or any proposed amendments thereto to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Attorney General.  The Governor, members of the Legislature, and the Attorney General may submit comments to the Department on its proposed amendments to the State Plan on or before March 1 of each year.  On or before May 1 of each year, the Department shall make such amended State Plan public.

B.  The State Plan shall set out the criteria by which Invitations To Bid and applications for contract proposals are considered.  Such plan shall also describe the types of tobacco use prevention or cessation programs that shall be eligible for consideration for contracts from the Fund utilizing only those programs that are in compliance with nationally recognized guidelines, or scientific evidence of effectiveness.  Such eligible programs shall include, but not be limited to:

1.  Media campaigns directed to youth to prevent underage tobacco use;

2.  School-based education programs to prevent youth tobacco use;

3.  Community-based youth programs involving tobacco use prevention through general youth development;

4.  Enforcement and administration of the Prevention of Youth Access to Tobacco Act, and related retailer education and compliance efforts;

5.  Cessation programs for youth; and

6.  Prevention or cessation programs for adults.

C.  The State Plan shall provide that no less than seventy percent (70%) of the dollar value of the contracts awarded in each year shall be dedicated to programs described in paragraphs 1 through 5 of subsection B of this section.

D.  The State Plan shall provide for the evaluation of all funded programs to determine their overall effectiveness in preventing or reducing tobacco use according to the program's stated goals.

An annual evaluation shall be provided by an independent contractor to determine the effectiveness of the programs by measuring the following:

1.  Tobacco consumption;

2.  Smoking rates among the population targeted by the programs; and

3.  The specific effectiveness of any other program funded.

Such evaluation shall also be compared with initial baseline data collected prior to the creation of this act, and data from previous years if it is a multiyear program.

E.  The State Plan further shall provide for administration of the Oklahoma Youth Tobacco Survey to measure tobacco use and behaviors towards tobacco use by individuals in grades six through twelve.  Such survey shall:

1.  Involve a statistically valid sample of the individuals in each of grades six through twelve;

2.  Be made available to the public, along with the resulting data, excluding respondent identities and respondent-identifiable data, within sixty (60) days of completion of the survey; and

3.  Be compared with data from previous years, including initial baseline data collected prior to the creation of this act.

Added by Laws 2001, c. 275, § 5, emerg. eff. May 31, 2001.  Amended by Laws 2013, c. 229, § 50, eff. Nov. 1, 2013.