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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3192 By: Williams
AS INTRODUCED
An Act relating to vaccinations; requiring reporting;
creating penalties; creating the Oklahoma State
Vaccine Adverse Event Reporting Sy stem; creating the
Oklahoma State Vaccine Adverse Event Reporting System
hotline; requiring reporting; creating penalties;
requiring written advisements; creating penalties;
creating waiting period for vaccinations; requiring
appointments; providing for li cense suspension;
requiring Oklahoma Attorney General to investi gate
violations; requiring report to Legislature;
requiring certain standards for COVID-19 testing in
the workplace; prohibit ing certain testing methods;
prohibiting vaccination requirement s; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 3400 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Upon the Federal Drug Administration (FDA) issuing either
Emergency Use Authorization (EUA) or Full Use Aut horization (FUA)
for any vaccine, the State Department of Health shall review the
authorization and any relevant peer -reviewed scientific studies.
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B. Upon completion of this review, the State Department of
Health shall publicly issue a complete report whi ch contains all
possible adverse react ions known at the time that the particular
vaccine may cause.
C. Quarterly, the State Department of H ealth shall conduct a
review of all available data and update the published report to
reflect the most up-to-date information available.
D. Any violation of any provision of this sectio n will result
in the State Department of Health receiving a ten percent (10%)
reduction in state funding. This reduction must be removed from
money appropriated internally for the Commi ssioner, Deputy
Commissioners and executive salaries not to exceed one hundred
percent (100%) of their annual salar ies to include bonuses.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3400.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health sh all create, manage, and
operate the Oklahoma State Vaccine Adverse Event Reporting System.
This system shall be accompanied by a ho tline to be utilized in
reporting.
B. This hotline shall be supporte d by the Oklahoma State
Department of Health twenty-four (24) hours a day, three hundred
sixty-five (365) days a year, including holidays.
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C. All events reported to the hotline shall be entered into the
Oklahoma State Vaccin e Adverse Event Reporting Syste m and this
system shall be made public .
D. The State Department of Health s hall create a section on its
official website which will link to information about the Oklahoma
State Vaccine Adverse Event Reporting System. The link shall be
displayed on the homepage of the website and shall be eas ily
accessible to the general public for u se.
E. Events shall be documente d into this system no more than
fifteen (15) days from the time of the rep ort.
F. Any health care professional who is qualified to administer
vaccinations will have a duty to report any adverse eve nts the
individual knows about, or reasonably should have known about, to
the Oklahoma State Vaccine Adverse Event Reporting System. Failure
to report shall be considered unprofessional conduct sub ject to
licensure discipline.
G. Any violation of any provision of this section will result
in the State Department of Health receiving a ten-percent reduction
in state funding. This reduction must be removed from money
appropriated internal ly for the Commissioner, Deputy Commissioner s
and executive salaries not to exceed one hundred percent (100%) of
their annual salaries to include bonuses.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3400.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Utilizing the data found in this act, the State Department
of Health shall creat e a written advisement containing the adverse
reactions and benefits of any vaccinat ion which will be administered
by a qualified health care professional in Oklahoma.
B. The Oklahoma State Vaccine Adverse Event Reporting System
hotline shall be listed on this advisement in a conspicuous manner.
C. The State Department of Health shall p rovide these written
advisements to every health care facility, vaccination facility , and
pharmacy within the State of Oklahoma to be dispensed to patients.
D. All qualified health care professionals who administer
vaccinations must provide the written ad visement to a patient before
administering any vaccination.
E. Any violation of any provision of this section will result
in the State Department of Healt h receiving a ten-percent reduction
in state funding. This reduction must be removed from money
appropriated internally for the Commissioner, Deputy Commissioners
and executive salaries no t to exceed one hundred percent (100%) of
their annual salaries to include bonuses.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3400.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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A. Any doctor, nurse, pharmacist, or individual qualified to
administer vaccinations under state law must conduct the following
actions prior to administering a vaccination to anyone wi thin the
State of Oklahoma:
1. The professional must provide the patient with the written
advisement from the State Department of Health at least twenty-four
(24) hours prior to the patient being administ ered the vaccine;
2. After providing the advisement but prior to the vaccination
being administered, the professional must conduct an appointment
with the patient to provide time for the p atient to address
questions or concerns; and
3. Only after the advisement has been given to the patient in
writing, a period of twenty-four (24) hours has passed, and the
appointment conducted, may a health professional administer an y
vaccine to a patient .
B. Any person who violates any provision of th is section, upon
review from the Office of the Attorney General and under its
advisement, will lose his or her medical license, qualification, or
ability to administer a vaccination in the State of Oklahoma for
five (5) years with the ability to become licensed after th at time.
SECTION 5. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 3400.4 of Title 63, unless there
is created a duplication in numberin g, reads as follows:
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A. The Office of the Attorney General shall direct and
investigate alleged violations of any provision of this act.
B. Biannually, the Office of the Attorney General shall deliver
a report to members of both chambers of the Oklahoma Legislature of
reported violations of this act and the punitive act ion taken upon
confirmed violations.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3400.5 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. If an employer requires any vacc ination as a requirement for
employment, such employer shall be required to offer exemptions from
the mandatory vaccination requirements. The exemptions shall be as
follows:
1. An individual having a bona fide, sincerely held religious
belief which opposes vaccination;
2. A certificate of a licensed physician, as defined in Section
725.2 of Title 59 of the Oklahoma Statutes, stating that the
physical condition of the individual is such that immunization would
endanger the life or health of the individual; or
3. A written statement by the individual objecting to
immunization,
whereupon the individual shall be exempt from the immunization laws
of an employer-mandated vaccination policy.
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B. There shall be no justification evidence needed to be
granted such exemptions.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3400.6 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. No governmental entity within the state shall ma ndate
vaccinations for COVID-19 as a requirement for e mployment. These
entities include, but are not limited to , the following:
1. Any state entity organized within any executive department
or branch;
2. Any city or municipal entity; and
3. Any county governmental entity.
B. Any city or municipal regulation of COVID-19 vaccinations
shall be superseded by this act, as the area of public health is o ne
which pertains to general matters of the state and its g overnment.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 901 of Title 40, unless there is
created a duplication in numbering, re ads as follows:
A. Any employer who requires COVID -19 testing as a condition of
employment must do so only in a manner that does not invade the body
of the individual being tested. Acceptable manners for COVI D-19
employer-mandated testing are as follows:
1. Saliva collection;
2. Blood sample test; and
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3. Urine sample test.
B. All other employer-mandated testing methods are hereby
prohibited for invading an employee's bodily autonomy.
SECTION 9. This act shall become effective November 1, 2022.
58-2-10235 KN 01/19/22