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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 658 By: Standridge, Bullard,
Hamilton, Quinn, Bergstrom,
Rogers, Burns, Murdock,
Jett, Newhouse, Merrick and
Pederson of the Senate
and
West (Kevin), Stearman,
Humphrey and McDugle of the
House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2011,
Section 1210.191, which relates to required
immunizations; requi ring the State Departmen t of
Education and school distri cts to provide certain
information to parents; updating statutory term;
prohibiting certain entities from implementing
specified requirements; 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, Se ction 1210.191, is
amended to read as follows:
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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 present ed to the appropriate s chool
authorities from a licensed physician, or authorized representative
of the State Department of Health, th at such child has received or
is in the process of receiving, immunizations against diphtheria,
pertussis, tetanus, haemop hilus influenzae type B (HIB), measles
(rubeola), rubella, poliomyelitis, varicella , and hepatitis A or is
likely to be immune as a re sult of the disease.
B. Immunizations required, and the manner and frequency of
their administration, as prescribed by th e State Board Commissioner
of Health, shall conform to recognized standard medical practices in
the state. The State Department of He alth shall supervise and
secure the enforcement of the required immunization program. The
State Department of Education a nd 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. He arings shall be condu cted by the State
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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 lis t of immunizations required and of
the time and place for hearing. The change shall becom e effective
on a date fixed by the State Board of Health Commissioner. Any
change in the list of immunizations required m ay 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 distric ts of this state shall provide for release t o
the Oklahoma Health Care Authority of the immunization records of
school children covere d 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 incr ease the
rate of childhood immunizations pur suant to the requirements of the
Early and Periodic Screening, Diagnosis and Treatment (EP SDT)
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
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Security Act or to require the immunization of any c hild if such
child is exempt from the immunization requirements pursuant to law.
The name of any child exempt from immuni zation 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 scho ol
district website and in any notice or pub lication 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 o f 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 1210.189 of Title 70, unless
there is created a duplication in numbering, r eads as follows:
A. A board of education of a public school district or a
technology center school district, the board of regents of an
institution within The Oklahoma State System of Higher Education ,
the governing board of a private postsecondary educational
institution, the Oklahoma State Regents for Higher Education, the
State Board of Education or the State Board of Career and Technolog y
Education shall not:
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1. Require a vaccination against Coronavirus dise ase 2019
(COVID-19) as a condition of admitt ance to or attendance of the
school or institution;
2. Require a vaccine passport as a co ndition of admittance to
or attendance of the school or institution; or
3. Implement a mask mandate for students who have not been
vaccinated against COVID -19.
B. As used in this section, “vaccine passport” means
documentation that an individual has been vaccinated against COVID-
19.
C. Nothing in this section shall be construed to apply to any
public or private healthcare setting.
SECTION 3. 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. A board of education of a public school district or a
technology center school district ma y 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
wear a mask or any other medic al device after consultation with the
local county health depa rtment or city-county health department
within the jurisdiction of where the board is located and when the
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jurisdiction of where the board is located is under a current state
of emergency declared by the Governor.
2. The mandate shall explicitly list the purposes for the
mandate.
3. The mandate shall reference the speci fic masks or medical
devices that would meet the requirements of th e mandate.
4. Any mandate to implement wearing a mask or any other medical
device shall be reconsid ered at each regularly scheduled board
meeting.
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately necessary for the preservati on
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wh ereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-2223 DC 5/24/2021 4:29:09 PM