Oklahoma 2022 Regular Session

Oklahoma House Bill HB3145 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	April 11, 2022
	28	+	STATE OF OKLAHOMA
31	29
	30	+	2nd Session of the 58th Legislature (2022)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 3145 By: West (Kevin) of the House
	34	+	HOUSE BILL 3145 By: West (Kevin) of the House
36	35
37	36		and
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39	38		Standridge and Merrick of
40	39		the Senate
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	43	+
	44	+	COMMITTEE SUBSTITUTE
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45	46		An Act relating to quarantine protocols; amending 63
46	47		O.S. 2021, Section 1-504, which relates to quaran tine
47	48		procedures; prohibiting certain movement of person
48	49		having or suspected of having communicable disease;
49	50		broadening certain autho rity of district court;
50	51		updating statutory language; amending 63 O.S. 2021,
51	52		Section 1-507, which relates to school attendance of
52	53		diseased pupils; broadening applicability of section;
53	54		eliminating certain duty of school; modifying
54	55		criteria for determination of exclusion period;
55	56		authorizing local health departments and the State
56	57		Department of Health to provide certain guidance to
57	58		schools; amending 70 O.S. 2021, Section 1210.194,
58	59		which relates to children afflicted with contagious
59	60		disease or head lice ; broadening applicability of
60	61		section; requiring compliance with certain public
61	62		health law; authorizing certain certificatio n from a
62	63		licensed doctor; eliminating certain provisions
63	64		relating to head lice; repealing 63 O.S. 2021,
64	65		Sections 1-505 and 1-506, which relate to removal of
65	66		diseased persons; providing an effective date; and
66	67		declaring an emergency.
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71	72		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
72		-	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-504, is
73		-	amended to read as follow s:
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75		-	SENATE FLOOR VERSION - HB3145 SFLR Page 2
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	99	+	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-504, is
	100	+	amended to read as follow s:
101	101		Section 1-504. A. Whenever a local heal th officer determines
102	102		or suspects that a person has been e xposed to and may be incubating
103	103		a communicable disease of public healt h concern, the local he alth
104	104		officer may impose a quarantine upon such person and req uire such
105	105		person to remain out of public con tact and in the place or premises
106	106		where such person usuall y stays. Notice thereof shall be given in
107	107		accordance with the rules and regulations of promulgated by the
108	108		State Board Commissioner of Health. It shall b e unlawful for such
109	109		person, or any other person, to violate the terms or conditions of
110	110		the quarantine.
111	111		B. Whenever a local health officer determines or suspects that
112	112		a person has a communicable disea se of public health con cern, the
113	113		local health officer ma y impose isolation upon such person and
114	114		require such person to remain out of public contac t and in an
115	115		adequate treatment facility or in the place or premises where such
116	116		person usually stays. Notice t hereof shall be given i n accordance
117	117		with the rules and regulations of promulgated by the State Board
118	118		Commissioner of Health. It shall be unlawful for such person, or
119	119		any other person, to violate the terms or condi tions of the
120	120		isolation.
121	121		C. No person having or suspected of having a communicable
122	122		disease shall be compelled to be moved from the place where he or
123		-	she is sick to any place other than his or her own residence unless
124		-	the individual does not reside in a per manent residence.
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	149	+	she is sick to any place other than his or her own residence unless
	150	+	the individual does not reside in a per manent residence.
152	151		D. District courts shall be authorized to may grant injunctive
153	152		relief, including temporary injunctions and temporary restra ining
154	153		orders, to overturn or compel compliance with a quarantine or
155	154		isolation order issued by a local health officer p ursuant to this
156	155		section.
157	156		SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-507, is
158	157		amended to read as follows:
159	158		Section 1-507. No Any person having a communicable disease
160	159		shall be permitted to attend or head lice may be prohibited from
161	160		attending a private or, public, or parochial school, and it. It
162	161		shall be the duty of the parent or guardian and the school of such
163	162		person to exclude from the scho ol such person until the expiration
164	163		of the period of isolation or quarantine ordered for the case, or
165	164		until permission to do so shal l have been given by the local county
166	165		health department or the State Department of Health in compliance
167	166		with the school’s communicable disease policy. Local health
168	167		departments and the State Department of Health may provide guidance
169	168		and assistance to schoo ls in setting or changing such p olicy.
170	169		SECTION 3. AMENDATORY 70 O.S. 20 21, Section 1210.194, is
171	170		amended to read as follows:
172	171		Section 1210.194. A. Any child afflicted with a contagious or
173	172		communicable disease or head lice may be prohibited from attending a
174		-	public, private, or parochial schoo l until such time as he the child
175		-	is free from the contagious or communicable disease or head lice in
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	199	+	public, private, or parochial schoo l until such time as he the child
	200	+	is free from the contagious or communicable disease or head lice in
203	201		compliance with Section 1 -507 of Title 63 of the Oklahoma Stat utes
204	202		or upon certification from a licensed medical doctor or licens ed
205	203		doctor of osteopathic medicine .
206	204		B. Any child prohibited from attending school due to head lic e
207	205		shall present to the appropriate school authorities, before the
208	206		child may reenter school, certification from a health professional
209	207		as defined by Section 2601 of Title 6 3 of the Oklahoma Statutes or
210	208		an authorized representative of the State Department of Health that
211	209		the child is no longer afflicted with head lice.
212	210		C. School districts and county or city-county health
213	211		departments may enter into agreements under the Interlo cal
214	212		Cooperation Act for the purpose of provi ding assistance to the
215	213		school district by inspecting children who are returning to school
216	214		after an absence due to head lice to ensure that the child is no
217	215		longer afflicted with head lice.
218	216		D. If a school district and county or city-county health
219	217		department has entered into an agreement as authoriz ed in subsection
220	218		C of this section, upon written authorization of the parent or
221	219		guardian of a child, the county or city-county health department may
222	220		provide treatment to the child for head lice.
223	221		SECTION 4. REPEALER 63 O.S. 2021, Section 1-505, is
224	222		hereby repealed.
225		-	SECTION 5. REPEALER 63 O.S. 2021, Section 1-506, is
226		-	hereby repealed.
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228		-	SENATE FLOOR VERSION - HB3145 SFLR Page 5
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	249	+	SECTION 5. REPEALER 63 O.S. 2021, Section 1-506, is
	250	+	hereby repealed.
254	251		SECTION 6. This act shall become effective July 1, 2022.
255	252		SECTION 7. It being immediately necessa ry for the preservation
256	253		of the public peace, health or safety, an emergency is hereby
257	254		declared to exist, by reason whereof this act shall take effect and
258	255		be in full force from and after its passage and approval.
259		-	~~COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERV ICES~~
260		-	~~April~~ 11, 2022 ~~- DO PASS AS AMENDED~~
	256	+
	257	+	58-2-3787 DC 4/11/2022 3:10:44 PM