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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3151 By: West (Kevin)
AS INTRODUCED
An Act relating to school immunizations; amending 70
O.S. 2021, Section 1210.191, which relates to
immunization requirements for students; requiring
State Commissioner of Health to propose changes;
mandating legislative approval of any proposed
changes to the required immunizations list; providing
that Legislature specify an effective date for
changes; defining terms; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.191, is
amended to read as follows:
Section 1210.191 A. No minor child shall be admitted to any
public, private or parochial school operating in this state unless
and until certification is present ed to the appropriate s chool
authorities from a licensed physician, or authorized representative
of the State Department of Health, that such child has received or
is in the process of receiving, immunizations against diphtheria,
pertussis, tetanus, haemop hilus influenzae type B (HIB), measles
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(rubeola), rubella, poliomyelitis, varicella and hepatitis A or is
likely to be immune as a result of the disease.
B. Immunizations required, and the manner and frequency of
their administration, as prescribed by th e State Commissioner of
Health, shall conform to recognized standard medical practices in
the state. The State Department o f Health shall supervise and
secure the enforcement of the required immunization program. The
State Department of Education a nd the governing boards of the school
districts of this state shall render reasonable assistance to the
State Department of Health in the enforcement of the provisions
hereof.
C. The Commissioner, by rule, may propose after notice and
hearing to alter the list of immun izations required after notice and
hearing. Any proposed change in the list of immunizations required
shall be submitted to the next regular session of the Legislature
and such change shall remain only be in force and effect unless and
until a concurrent resolution of dis approval is passed upon approval
by the Legislature. Hearings for the proposed change shall be
conducted by the Commissioner, or such officer, agents or employees
as the Commissioner may designate for that purpose. The
Commissioner shall give appropriate notice of the propo sed change in
the list of immunizations required and of the time and place fo r
hearing. The change shall become effective on a date fixed
specified by the Commissioner Legislature. Any proposed change in
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the list of immunizations required m ay be amended or repeal ed in the
same manner as provided for its adoption in this subsection.
Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Act.
D. The State Department of Education and the governing boards
of the school distric ts of this state shall provide for release to
the Oklahoma Health Care Authority of the immunization records of
school children covere d under Title XIX or Title XXI of the federal
Social Security Act who have not received the required immunizations
at the appropriate time. The information received pursuant to such
release shall be transmitted by the Oklahoma Health Care Authority
to medical providers who provide services to such children pursuant
to Title XIX or Title XXI to assist in their efforts to incr ease the
rate of childhood immunizations pursuant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EP SDT)
services provisions. The provisions of this subsection shall not be
construed to prohibit or affect the eligibility of any child to
receive benefits pursuant to Title XIX or Title XXI of the Social
Security Act or to require the immunization of any c hild if such
child is exempt from the immunization requirements pursuant to law.
The name of any child exempt from immuni zation pursuant to Sect ion
1210.192 of this title shall not be included in the information
transmitted pursuant to this subsection.
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E. The State Department of Education shall provide and ensure
that each school district in this state provides, on the scho ol
district website and in any notice or publication provided to
parents regarding immunization requests, the following information
regarding immunization requirements for school attendance: "For
school enrollment, a parent or guardian shall provide one o f the
following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form."
F. As used in this section :
1. "Immunity" means a person can be exposed to a disease
without becoming infected and shall not be used interchangeably with
"protection";
2. "Immunization" means a process by which a pers on becomes
immune to a disease. Immunization is often used interchangeably
with vaccination or inoculation ;
3. "Protection" means to shield from harm and shall not be used
interchangeably with "immunity";
4. "Vaccination" means the act of introducing a vaccine into
the body to produce immunity to a specific disease; and
5. "Vaccine" means a preparation that is used to stimula te the
body's immune response against diseases. Vaccin es are usually
administered through needle injections, but some can be administered
by mouth or sprayed in to the nose.
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SECTION 2. This act shall become effective November 1, 2022.
58-2-9196 EK 01/18/22