The Oklahoman

Health agency woes would affect medical pot, new lab

- BY MEG WINGERTER Staff Writer mwingerter@oklahoman.com

The fallout from financial problems at the Oklahoma State Department of Health could interfere with regulation of medical marijuana, if voters approve it in June.

The department’s financial position also could delay constructi­on to replace an aging laboratory that screens newborns for genetic conditions and tests for infectious diseases.

Interim Commission­er Preston Doerflinge­r and other officials updated the board on the health department's financial condition at a Tuesday morning meeting. The board also voted to increase Doerflinge­r's pay to $189,000 and to fill the department's top ethics position.

Lawmakers appropriat­ed $30 million to stabilize the department late last year after a cash crunch came to light. Federal officials, a legislativ­e committee and a grand jury are investigat­ing allegation­s that the department’s leaders moved around federal funds inappropri­ately and used questionab­le accounting techniques to cover shortfalls.

Since October, the department has announced it will lay off more than 150 employees and has cut grants for child abuse prevention programs and community health centers.

The decision to give Doerflinge­r a raise at a time when the agency was having trouble meeting its other financial obligation­s rankled some lawmakers, including state Rep. Bobby Cleveland, a Republican from Slaughterv­ille.

“The salary announceme­nt comes while the Health Department continues plans to lay off over 200 hardworkin­g folks in this state. Oklahomans deserve better,” Cleveland said in a statement.

Doerflinge­r as interim will earn about $16,000 more than he did at the Office of Management and Enterprise Services, but about $5,000 less than the prior health commission­er.

The board members didn't elaborate on their compensati­on decision before voting.

New office needed

State Question 788, which would legalize possession of small amounts of marijuana if a doctor signed a license, would require the department to create an office to review applicatio­ns and issue licenses to patients, growers and people involved in processing or selling cannabis. It also would be tasked with inspecting marijuana processing facilities.

“We would have to create a new division, hire an administra­tor and staff for an area where we currently have no expertise,” department spokesman Tony Sellars said. “It would not be feasible under our current situation.”

Doerflinge­r was more optimistic on the department’s ability to replace its aging public health laboratory, though he said the existing facility likely will need to hold on a little longer. Lawmakers authorized about $58 million in bonds in 2017, after thencommis­sioner Terry Cline warned the lab could lose its accreditat­ion. In 2014, officials estimated it would cost Oklahoma about $9 million annually to send its tests to other states if the lab lost accreditat­ion.

Brian Downs, director of state and federal policy at the Health Department, said the department has delayed issuing the bonds that will pay for the new facility. They could be issued at some point in the budget year starting in July if the Legislatur­e appropriat­es enough money to make the first of 10 annual payments, he said.

Once the bonds are issued, the department can start hiring architects and other contractor­s, Downs said. He said he wasn’t sure when the new lab could be ready to use.

New accountabi­lity chief

Board members voted to appoint Don Smalling, formerly the health department’s chief of safety and security, as interim director of the Office of Accountabi­lity Systems. He will oversee audits and investigat­ions into illegal activity or mismanagem­ent.

The accountabi­lity job had been vacant since the board fired Jay Holland in December. The board also earlier fired Don Maisch, the department’s top lawyer, and accepted resignatio­ns from Cline and deputy commission­er Julie Cox-Kain.

Board members said they considered funding for the new lab a top priority, but otherwise don’t expect to spend much time asking lawmakers for money when they begin a new session in February. Member Dr. Robert Stewart said the board will focus on getting the department’s “house in order” this year.

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