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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (202 2)
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32	32	HOUSE BILL 3151 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to school immunizations; amending 70
41	41	O.S. 2021, Section 1210.191, which relates to
42	42	immunization requirements for students; requiring
43	43	State Commissioner of Health to propose changes;
44	44	mandating legislative approval of any proposed
45	45	changes to the required immunizations list; providing
46	46	that Legislature specify an effective date for
47	47	changes; defining terms; and providing an effective
48	48	date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.191, is
56	56	amended to read as follows:
57	57	Section 1210.191 A. No minor child shall be admitted to any
58	58	public, private or parochial school operating in this state unless
59	59	and until certification is present ed to the appropriate s chool
60	60	authorities from a licensed physician, or authorized representative
61	61	of the State Department of Health, that such child has received or
62	62	is in the process of receiving, immunizations against diphtheria,
63	63	pertussis, tetanus, haemop hilus influenzae type B (HIB), measles
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90	90	(rubeola), rubella, poliomyelitis, varicella and hepatitis A or is
91	91	likely to be immune as a result of the disease.
92	92	B. Immunizations required, and the manner and frequency of
93	93	their administration, as prescribed by th e State Commissioner of
94	94	Health, shall conform to recognized standard medical practices in
95	95	the state. The State Department o f Health shall supervise and
96	96	secure the enforcement of the required immunization program. The
97	97	State Department of Education a nd the governing boards of the school
98	98	districts of this state shall render reasonable assistance to the
99	99	State Department of Health in the enforcement of the provisions
100	100	hereof.
101	101	C. The Commissioner, by rule, may propose after notice and
102	102	hearing to alter the list of immun izations required after notice and
103	103	hearing. Any proposed change in the list of immunizations required
104	104	shall be submitted to the next regular session of the Legislature
105	105	and such change shall remain only be in force and effect unless and
106	106	until a concurrent resolution of dis approval is passed upon approval
107	107	by the Legislature. Hearings for the proposed change shall be
108	108	conducted by the Commissioner, or such officer, agents or employees
109	109	as the Commissioner may designate for that purpose. The
110	110	Commissioner shall give appropriate notice of the propo sed change in
111	111	the list of immunizations required and of the time and place fo r
112	112	hearing. The change shall become effective on a date fixed
113	113	specified by the Commissioner Legislature. Any proposed change in
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140	140	the list of immunizations required m ay be amended or repeal ed in the
141	141	same manner as provided for its adoption in this subsection.
142	142	Proceedings pursuant to this subsection shall be governed by the
143	143	Administrative Procedures Act.
144	144	D. The State Department of Education and the governing boards
145	145	of the school distric ts of this state shall provide for release to
146	146	the Oklahoma Health Care Authority of the immunization records of
147	147	school children covere d under Title XIX or Title XXI of the federal
148	148	Social Security Act who have not received the required immunizations
149	149	at the appropriate time. The information received pursuant to such
150	150	release shall be transmitted by the Oklahoma Health Care Authority
151	151	to medical providers who provide services to such children pursuant
152	152	to Title XIX or Title XXI to assist in their efforts to incr ease the
153	153	rate of childhood immunizations pursuant to the requirements of the
154	154	Early and Periodic Screening, Diagnosis and Treatment (EP SDT)
155	155	services provisions. The provisions of this subsection shall not be
156	156	construed to prohibit or affect the eligibility of any child to
157	157	receive benefits pursuant to Title XIX or Title XXI of the Social
158	158	Security Act or to require the immunization of any c hild if such
159	159	child is exempt from the immunization requirements pursuant to law.
160	160	The name of any child exempt from immuni zation pursuant to Sect ion
161	161	1210.192 of this title shall not be included in the information
162	162	transmitted pursuant to this subsection.
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189	189	E. The State Department of Education shall provide and ensure
190	190	that each school district in this state provides, on the scho ol
191	191	district website and in any notice or publication provided to
192	192	parents regarding immunization requests, the following information
193	193	regarding immunization requirements for school attendance: "For
194	194	school enrollment, a parent or guardian shall provide one o f the
195	195	following:
196	196	1. Current, up-to-date immunization records; or
197	197	2. A completed and signed exemption form."
198	198	F. As used in this section :
199	199	1. "Immunity" means a person can be exposed to a disease
200	200	without becoming infected and shall not be used interchangeably with
201	201	"protection";
202	202	2. "Immunization" means a process by which a pers on becomes
203	203	immune to a disease. Immunization is often used interchangeably
204	204	with vaccination or inoculation ;
205	205	3. "Protection" means to shield from harm and shall not be used
206	206	interchangeably with "immunity";
207	207	4. "Vaccination" means the act of introducing a vaccine into
208	208	the body to produce immunity to a specific disease; and
209	209	5. "Vaccine" means a preparation that is used to stimula te the
210	210	body's immune response against diseases. Vaccin es are usually
211	211	administered through needle injections, but some can be administered
212	212	by mouth or sprayed in to the nose.
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239	239	SECTION 2. This act shall become effective November 1, 2022.
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241	241	58-2-9196 EK 01/18/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3151 Compare Versions