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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 658 By: Dahm
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2011,
Section 1210.191, which relates to re quired
immunizations; requiring the State Departmen t of
Education and school districts to provide certain
information to parents; updating statutory ter m;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, 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 stat e unless
and until certification is presented to th e appropriate school
authorities from a licensed physician, or authorized representativ e
of the State Department of Health, that such child ha s received or
is in the process of receiving, immunizations aga inst diphtheria,
pertussis, tetanus, haemophilus in fluenzae type B (HIB), measles
(rubeola), rubella, poliomyelitis, varicella , and hepatitis A or is
likely to be immune as a result of the dise ase.
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B. Immunizations required, and the manner and frequency o f
their administration, as prescribed by the State Board Commissioner
of Health, shall conform to recognized standard medical practices in
the state. The State De partment of Health shall super vise and
secure the enforcement of the required immunization pr ogram. The
State Department of Education and the g overning boards of the schoo l
districts of this state shall render reasonable assistanc e to the
State Department of Health in the enforcement of the provisions
hereof.
C. The State Board of Health Commissioner, by rule, may alter
the list of immunizations required after notice and hearing. Any
change in the list of immunizations required s hall be submitted to
the next regular session of the Le gislature and such change shall
remain in force and effect unle ss and until a concurrent resolution
of disapproval is passed. Hearings shall be conducted by the State
Board of Health Commissioner, or such officer, agents or e mployees
as the Board of Health Commissioner may designate for that purpose.
The State Board of Health Commissioner shall give appropriate noti ce
of the proposed change in the list of immunizations required and of
the time and place for hearing. The chan ge shall become effective
on a date fixed by the State Board of Health Commissioner. Any
change in the list of immunizations required may be am ended or
repealed in the same manner as provided for its adoption.
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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 districts of th is state shall provide for release to
the Oklahoma Health Care Authority of the immuniz ation records of
school children covered under Title XI X 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 th e Oklahoma Health Care Authority
to medical providers w ho provide services to such children pursuant
to Title XIX or Title XXI to assist in their efforts to increase the
rate of childhood immunizations pursuant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
services provisions. The provisions of this subsection shall not be
construed to prohibit or affect the eligibility of any c hild to
receive benefits pursuant to Title XIX or Title XXI of the Social
Security Act or to require the immunization of any child if such
child is exempt from the immunization requirements pursuant to law .
The name of any child exempt from immunization p ursuant to Section
1210.192 of this title shall not be included in the information
transmitted pursuant to this subsection.
E. The State Department of Education shall provide and ensure
that each school district in this state provides, in any notice or
publication provided to pare nts regarding immunization requests,
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information regarding immunization requirements for attendanc e of
school, exemptions to such requirements and information on where to
obtain an exemption form.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an e mergency 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.
58-1-1307 DC 1/21/2021 10:17:07 AM