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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 658 By: Dahm of the Senate
and
West (Kevin) of the House
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;
providing an effective date; and declaring an
emergency.
AUTHORS: Add the following House Coauthor s: Stearman, Humphrey and
McDugle
AUTHOR: Add the following Senate Coauthor: Standridge
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"An Act relating to schools; amending 70 O.S. 2011,
Section 1210.191, which relates to required
immunizations; requi ring the State Department of
Education and school districts to provide certain
information to parents; updating statutory term;
defining terms; establishing criteria for certain
entities to implement a mask mandate; specifying
requirements for mandate; authorizing challenge to
mandate; prescribing procedures related thereto;
providing for codification; providing an effective
date; and declaring an emergency.
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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 state unless
and until certification is presented 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, 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 conform 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. Any
change in the list of immunizations required shall be submitted to
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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. He arings shall be conducted 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 of immunizations required and of
the time and place for hearing. The change shall become effective
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 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 increase the
rate of childhood immunizations pursuant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
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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 child if such
child is exempt from the immunization requirements pursuant to law.
The name of any child exempt from immunization pursuant to Sect ion
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, on the school
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 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 dupli cation in numbering, reads as follows:
A. As used in this section:
1. "Relevant study" means:
a. a randomized controlled study,
b. a peer-reviewed study, or
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c. a study performed by one or more researchers that has
been published in a print or electroni c research
journal;
2. "Significant adverse effects " means recurring headaches,
negative impact on the cardiovascular system, negative impact on the
cardiopulmonary system including , but not limited to, any reduction
in blood oxygenation or respiratory vo lume, significant nausea and
vomiting or other side effects that a reasonable physician would
consider significant; and
3. "Substantial harm" means:
a. bacterial, viral or other infection, most commonly
from device contamination,
b. reduced cardiovascular function,
c. reduced cardiopulmonary function,
d. psychological harm,
e. significant injury on learning for students, or
f. other adverse effects that a reasonable physician
would conclude pose a risk of substantial harm.
B. 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
subsection.
1. A board of education of a public school district or a
technology center school distric t may only implement a mandate to
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wear a mask or any other medical device after consultation with the
local county health department or city -county health department
within the jurisdiction of where the board is located.
2. The mandate shall explicitly list the purposes for the
mandate. If no specific purposes are listed in the mandate, the
mandate shall be invalidated.
3. The mandate shall reference the speci fic masks or medical
devices that would meet the requirements of the mandate. If no
specific masks or medical devices are referenced in the mandate, the
mandate shall be invalidated.
4. Any mandate to implement wearing a mask or any other medical
device shall be reconsidered at each regularly scheduled board
meeting.
C. The citizens within the ju risdiction of the public school
district or technology center school district may challenge the
mandate at school district meetings ; provided, they present one or
more of the following forms of evidence for consideration:
1. Three or more relevant studie s that show possible
significant adverse effects as a result of wearing a mask or medical
device that would be required under the mandate;
2. Three or more relevant studies that show any mask or medical
device that would be required under the mandate is f ound not to be
effective for any of the purposes provided in the mandate ; or
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3. Documentation that any mask or medical device that would
satisfy the mandate is shown by one or more relevant studies to pose
a risk of substantial harm, if used in any manner that would satisfy
the mandate, to the wearer of the mask or medical device.
SECTION 3. This act shall become effective July 1, 2021.
SECTION 4. It being immediately necessary for the preservation
of the public peace, hea lth 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. "
Passed the House of Representatives the 19th day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 658 By: Dahm of the Senate
and
West (Kevin) of the House
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;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. 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 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
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.
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B. Immunizations required, and the manner and frequency of
their administration, as prescribed by the State Board Commissioner
of Health, shall conform 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. Any
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 conducted 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 of immunizations required and of
the time and place for hearing. The change shall become effective
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.
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Proceedings pursuant to this subsection shall be governed by the
Administrative Procedures Ac t.
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 t he 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 increase the
rate of childhood immunizations pursuant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
services provisions. The prov isions 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 child if such
child is exempt from t he immunization requirements pursuant to law.
The name of any child exempt from immunization pursuant 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, on the school
district website and in any notice or publication provided to
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parents regarding immunization requests, the following information
regarding immunization requirements f or school attendance: “For
school enrollment, a parent or guardian must provide one of the
following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form.
The State Department of Health advises following the recommend ed
immunization schedule. State law allows for exemptions to the
immunization schedule. For more information about the immunization
schedule exemptions or to obtain an exemption form, please visit
www.ok.gov/health or call (405) 271 -4073.”
SECTION 6. This act shall become effective July 1, 2021.
SECTION 7. 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 ta ke effect and
be in full force from and after its passage and approval.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives