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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 658 By: Dahm of the Senate
and
West (Kevin) of the House
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2011,
Section 1210.191, which relates to required
immunizations; requiring the State Department of
Education and school districts to provide certain
information to parents; updating statutory term;
establishing criteria for certain entities to
implement a mask mandate; specifying requirements for
mandate; providing for codification; 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, Sect ion 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 presented to the appropriate school
authorities from a licensed physician, or authorized representative
of the State Department of Health, that such child has received or
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is in the process of receiving, immunizations against diphtheria,
pertussis, tetanus, haemophilus influenzae type B (HIB), measles
(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 the State Board Commissioner
of Health, shall con form to recognized standard medical practices in
the state. The State Department of Health shall supervise and
secure the enforcement of the required immunization program. The
State Department of Education and 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 State Board of Health Commissioner, by rule, may alter
the list of immunizations required after notice and hearing. An y
change in the list of immunizations required shall be submitted to
the next regular session of the Legislature and such change shall
remain in force and effect unless and until a concurrent resolution
of disapproval is passed. Hearings shall be conducte d by the State
Board of Health Commissioner, or such officer, agents or employees
as the Board of Health Commissioner may designate for that purpose.
The State Board of Health Commissioner shall give appropriate notice
of the proposed change in the list o f immunizations required and of
the time and place for hearing. The change shall become effective
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on a date fixed by the State Board of Health Commissioner. Any
change in the list of immunizations required may be amended or
repealed in the same manner as provided for its adoption.
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 this state shall provide for release to
the Oklahoma Health Care Authority of the immunization records of
school children covered 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 pur suant 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 increase the
rate of childhood immunizations pursua nt 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 child to
receive benefits pursuant to Ti tle 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 pursuant to Section
1210.192 of this tit le 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 school
district website and in any notice or public ation 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 of the
following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form."
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1210.190 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. A board of education of a public school district or a
technology center school district may only implement a mandate to
wear a mask or any other medical device as provided in this section
and shall provide any purpose or purposes for the m andate in the
text of the mandate. If no specific purposes are provided in the
mandate, the mandate shall be invalidated.
B. A board of education of a public school district or a
technology school district may only implement a mandate to wear a
mask or any other medical device after consultation with the local
county health department or city -county health department within
whose jurisdiction the board is located.
SECTION 3. This act shall become effective July 1, 2021.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency 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.
58-1-8097 AB 04/08/21