SENATE FLOOR VERSION - HB3145 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 11, 2022 COMMITTEE SUBSTITUTE FOR ENGROSSED HOUSE BILL NO. 3145 By: West (Kevin) of the House and Standridge and Merrick of the Senate An Act relating to quarantine protocols; amending 63 O.S. 2021, Section 1-504, which relates to quaran tine procedures; prohibiting certain movement of person having or suspected of having communicable disease; broadening certain autho rity of district court; updating statutory language; amending 63 O.S. 2021, Section 1-507, which relates to school attendance of diseased pupils; broadening applicability of section; eliminating certain duty of school; modifying criteria for determination of exclusion period; authorizing local health departments and the State Department of Health to provide certain guidance to schools; amending 70 O.S. 2021, Section 1210.194, which relates to children afflicted with contagious disease or head lice ; broadening applicability of section; requiring compliance with certain public health law; authorizing certain certification from a licensed doctor; eliminating certain provisions relating to head lice; repealing 63 O.S. 2021, Sections 1-505 and 1-506, which relate to removal of diseased persons; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-504, is amended to read as follow s: SENATE FLOOR VERSION - HB3145 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 1-504. A. Whenever a local heal th officer determines or suspects that a person has been exposed to and may be incubating a communicable disease of public healt h concern, the local he alth officer may impose a quarantine upon such person and req uire such person to remain out of public con tact and in the place or premises where such person usually stays. Notice thereof shall be given in accordance with the rules and regulations of promulgated by the State Board Commissioner of Health. It shall b e unlawful for such person, or any other person, to violate the terms or conditions of the quarantine. B. Whenever a local health officer determines or suspects that a person has a communicable disea se of public health con cern, the local health officer ma y impose isolation upon such person and require such person to remain out of public contac t and in an adequate treatment facility or in the place or premises where such person usually stays. Notice t hereof shall be given i n accordance with the rules and regulations of promulgated by the State Board Commissioner of Health. It shall be unlawful for such person, or any other person, to violate the terms or condi tions of the isolation. C. No person having or suspected of having a communicable disease shall be compelled to be moved from the place where he or she is sick to any place other than his or her own residence unless the individual does not reside in a per manent residence. SENATE FLOOR VERSION - HB3145 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. District courts shall be authorized to may grant injunctive relief, including temporary injunctions and temporary restra ining orders, to overturn or compel compliance with a quarantine or isolation order issued by a local health officer p ursuant to this section. SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-507, is amended to read as follows: Section 1-507. No Any person having a communicable disease shall be permitted to attend or head lice may be prohibited from attending a private or, public, or parochial school, and it. It shall be the duty of the parent or guardian and the school of such person to exclude from the scho ol such person until the expiration of the period of isolation or quarantine ordered for the case, or until permission to do so shal l have been given by the local county health department or the State Department of Health in compliance with the school’s communicable disease policy. Local health departments and the State Department of Health may provide guidance and assistance to schoo ls in setting or changing such p olicy. SECTION 3. AMENDATORY 70 O.S. 20 21, Section 1210.194, is amended to read as follows: Section 1210.194. A. Any child afflicted with a contagious or communicable disease or head lice may be prohibited from attending a public, private, or parochial schoo l until such time as he the child is free from the contagious or communicable disease or head lice in SENATE FLOOR VERSION - HB3145 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 compliance with Section 1 -507 of Title 63 of the Oklahoma Stat utes or upon certification from a licensed medical doctor or licens ed doctor of osteopathic medicine . B. Any child prohibited from attending school due to head lic e shall present to the appropriate school authorities, before the child may reenter school, certification from a health professional as defined by Section 2601 of Title 6 3 of the Oklahoma Statutes or an authorized representative of the State Department of Health that the child is no longer afflicted with head lice. C. School districts and county or city-county health departments may enter into agreements under the Interlo cal Cooperation Act for the purpose of provi ding assistance to the school district by inspecting children who are returning to school after an absence due to head lice to ensure that the child is no longer afflicted with head lice. D. If a school district and county or city-county health department has entered into an agreement as authoriz ed in subsection C of this section, upon written authorization of the parent or guardian of a child, the county or city-county health department may provide treatment to the child for head lice. SECTION 4. REPEALER 63 O.S. 2021, Section 1-505, is hereby repealed. SECTION 5. REPEALER 63 O.S. 2021, Section 1-506, is hereby repealed. SENATE FLOOR VERSION - HB3145 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. This act shall become effective July 1, 2022. SECTION 7. It being immediately necessa ry for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERV ICES April 11, 2022 - DO PASS AS AMENDED