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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 477 By: Hamilton
AS INTRODUCED
An Act relating to higher education student s;
amending 70 O.S. 2011, Section 3243 , which relates to
vaccinations against meningococcal disease;
prohibiting certain institutions beginning in certain
academic year from requiring enrolled students to be
vaccinated against meningococcal disease ; removing
language regarding written waivers; al lowing an
institution to request certain written documentation;
creating misdemeanor for certain employee who coer ces
or influences certain student to receive certain
vaccination; amending 70 O.S. 2011, Section 3244 ,
which relates to vaccinations against h epatitis B,
measles, mumps and rubella; updating statutory
language; prohibiting certain institutions beginning
in certain academic year from requiring certain
students to be vaccinated against hepatitis B,
measles, mumps and rubella; removing certain
exemption; removing certain requirement for
notification; allowing an institution to request
certain written documentation; creating a misdemean or
for certain employee who coerces or influences
certain student to receiv e certain vaccinations;
removing language regarding certain exceptions;
prohibiting certain institutions from requiring
students to receive any vaccination or undergo
certain procedures; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2011, Se ction 3243, is
amended to read as fol lows:
Section 3243. A. Beginning with the 2004-2005 academic year,
public or private postsecondary educational i nstitutions shall
provide detailed information on t he risks associated with
meningococcal disease and the risks and benefits of the vaccinatio n
as well as the availability of vaccine to students who reside or
plan to reside in on -campus student housing.
B. Beginning with the 2004-2005 2021-2022 academic year, no
public or private postsecondary education al institution shall
require students who are first-time enrollees in any public or
private postsecondary educational institution in this state and who
reside in on-campus student housing shall to be vaccinated against
meningococcal disease , unless:
1. In the case of an individual who is eighteen (18) years of
age or older, the individual signs a written waiver provided by the
institution of higher education stating that the individual has
received and reviewed the information provided and has chosen not to
be vaccinated against meningococcal dise ase; or
2. In the case of an individual who is a minor, the
individual’s parent or guardian signs a written waive r provided by
the institution of higher education s tating that the parent or
guardian has received and re viewed the information provided and h as
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chosen not to have the individual vaccinated against meningococcal
disease.
C. The Oklahoma State Regents for Higher Education shall
consult the State Department of Health regarding the preparation of
the informational material and waiver form required in subsection B
A of this section. The Regents shall provide the material and form
to all public or private post secondary educational institutions with
on-campus student housing in this state. It shall be the
responsibility of the governing body or boar d of regents for each
public or private postsecondary institution or group of institutions
to adopt policies for t he implementation of this section.
D. A public or private postsecondary institution may request
that an enrolled student submit writ ten documentation of whether the
student has been vaccinated against meningococcal disease .
E. Any employee of a public or private postsecondary
educational institution who coerces or in any way influence s a
student enrolled in the institution to receive a vaccina tion against
meningococcal disease shall be guilty of a misdemeanor .
F. Public or private postsecondary instituti ons in this state
shall not be required to provide or pay for vaccinations against
meningococcal disease.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 3244, is
amended to read as follows:
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Section 3244. A. 1. Beginning with the 2004-2005 2021-2022
academic year, in order to enroll as a full-time or part-time
student in an no institution within The Oklah oma State System of
Higher Education or a private institution of higher learning located
within this state and accredited pursuant to Section 4103 of Title
70 of the Oklahoma Statut es, an individual this title shall provide
written documentation of vaccinations require that enrolled full-
time or part-time students be vaccinated against hepatitis B,
measles, mumps, and rubella (MMR).
2. The requirement shall not apply to students enr olling in
courses delivered via the Internet or dista nce learning in which the
student is not required to attend class on campus.
B. Beginning with the 2 004-2005 academic year, institutions
shall notify students of the requirements of subsection A of this
section and provide students with educational inform ation on
hepatitis B, measles, mumps, and rubella (MMR) upon enrollment.
Such information shall also include the risks and benefits of the
vaccination. Institutions shall not be required to provide or pay
for vaccinations against hepatitis B, measles, mumps, and rubella
(MMR).
C. A written statement from a licensed physician indicating
that a vaccine is medically contraindicated shall exempt a student
from the vaccination. A student shall be exempt fr om the
vaccination if the student submits a written, signed statement
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declaring that the ad ministration of the vaccine conflicts with the
student’s moral or religious tenets or, if the student is a minor,
the student’s parent or guardian provides a written statement that
the administration of the vaccine con flicts with the parent ’s or
guardian’s moral or religious tenets A public or private
postsecondary institution may request that an enrolled student
submit written documentation of whether the student has been
vaccinated against hepatitis B, measles, mump s and rubella (MMR).
D. Any employee of a public or private postsec ondary
educational institution who coerces or in any way influence s a
student enrolled in the institution to receive a vaccination agains t
hepatitis B, measles, mumps and rubella (MMR) shall be guilty of a
misdemeanor.
D. E. It shall be the responsibility of the governing body or
board of regents for each public or private postsecondary
institution or group of institutions to adopt policie s for the
implementation of this section. In adopting these policies the
relevant governing body or board of regents ma y include exceptions
for certain categories of students at its discretion.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3244.1 of Title 70, unless there
is created a duplication in numbering, reads as follows:
No institution within The Oklahoma State System of Higher
Education or a private institution of higher learnin g located within
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this state and accredited pursuant to Section 4103 of Title 70 of
the Oklahoma Statutes shall require that enrolled full-time or part-
time students receive any vaccination, be required to use any
medical device or be required to undergo an y medical procedure,
surgical procedure or physical examination.
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-1-1442 EB 1/19/2021 3:53:10 PM