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3	27
4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 658 By: Standridge, Bullard,
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	1st Session of the 58th Legislature (2021)
	31	+
	32	+	CONFERENCE COMMITTEE SUBSTITUTE
	33	+	FOR ENGROSSED
	34	+	SENATE BILL 658 By: Standridge, Bullard,
7	35		Hamilton, Quinn, Bergstrom,
8	36		Rogers, Burns, Murdock,
9		-	Jett, Newhouse, Merrick,
10		-	Pederson, Paxton, Stephens,
11		-	Dahm and Garvin of the
12		-	Senate
	37	+	Jett, Newhouse, Merrick and
	38	+	Pederson of the Senate
13	39
14	40		and
15	41
16	42		West (Kevin), Stearman,
17		-	Humphrey, McDugle,
18		-	Steagall, Kendrix,
19		-	Crosswhite Hader, Roberts
20		-	(Sean), Hardin (David),
21		-	Olsen, Boles, Lowe (Dick)
22		-	and Bashore of the House
	43	+	Humphrey and McDugle of the
	44	+	House
23	45
24	46
25	47
	48	+
	49	+
	50	+	CONFERENCE COMMITTEE SUBSTITUTE
26	51
27	52		An Act relating to schools; amending 70 O.S. 2011,
28	53		Section 1210.191, which relates to required
29	54		immunizations; requi ring the State Departmen t of
30	55		Education and school distri cts to provide certain
31	56		information to parents; updating statutory term;
32	57		prohibiting certain entities from implementing
33	58		specified requirements; establishing criteria for
34	59		certain entities to implement a mask mandate;
35	60		specifying requirements for mandate; providing for
36	61		codification; providing an effective date; and
37	62		declaring an emergency .
38	63
39	64
40	65
41	66
42		-	SUBJECT: Schools
43	67
44	68		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
45		-
46		-
47		-	ENR. S. B. NO. 658 Page 2
48	69		SECTION 1. AMENDATORY 70 O.S. 2011, Se ction 1210.191, is
49	70		amended to read as follows:
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50	96
51	97		Section 1210.191. A. No minor child shall be admitted to any
52	98		public, private, or parochial school operating in this state unless
53	99		and until certification is present ed to the appropriate s chool
54	100		authorities from a licensed physician, or authorized representative
55	101		of the State Department of Health, th at such child has received or
56	102		is in the process of receiving, immunizations against diphtheria,
57	103		pertussis, tetanus, haemop hilus influenzae type B (HIB), measles
58	104		(rubeola), rubella, poliomyelitis, varicella , and hepatitis A or is
59	105		likely to be immune as a re sult of the disease.
60		-
61	106		B. Immunizations required, and the manner and frequency of
62	107		their administration, as prescribed by th e State Board Commissioner
63	108		of Health, shall conform to recognized standard medical practices in
64	109		the state. The State Department of He alth shall supervise and
65	110		secure the enforcement of the required immunization program. The
66	111		State Department of Education a nd the governing boards of the school
67	112		districts of this state shall render reasonable assistance to the
68	113		State Department of Health in the enforcement of the provisions
69	114		hereof.
70		-
71	115		C. The State Board of Health Commissioner, by rule, may alter
72	116		the list of immunizations required after notice and hearing. Any
73	117		change in the list of immunizations required shall be submitted to
74	118		the next regular session of the Legislature and such change shall
75	119		remain in force and effect unless and until a concurrent resolution
76	120		of disapproval is passed. He arings shall be condu cted by the State
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77	147		Board of Health Commissioner, or such officer, agents or employees
78	148		as the Board of Health Commissioner may designate for that purpose.
79	149		The State Board of Health Commissioner shall give appropriate notice
80	150		of the proposed change in the lis t of immunizations required and of
81	151		the time and place for hearing. The change shall becom e effective
82	152		on a date fixed by the State Board of Health Commissioner. Any
83	153		change in the list of immunizations required m ay be amended or
84	154		repealed in the same manner as provided for its adoption.
85	155		Proceedings pursuant to this subsection shall be governed by the
86	156		Administrative Procedures Act.
87		-
88	157		D. The State Department of Education and the governing boards
89	158		of the school distric ts of this state shall provide for release t o
90		-
91		-	ENR. S. B. NO. 658 Page 3
92	159		the Oklahoma Health Care Authority of the immunization records of
93	160		school children covere d under Title XIX or Title XXI of the federal
94	161		Social Security Act who have not received the required immunizations
95	162		at the appropriate time. The information received pursuant to such
96	163		release shall be transmitted by the Oklahoma Health Care Authority
97	164		to medical providers who provide services to such children pursuant
98	165		to Title XIX or Title XXI to assist in their efforts to incr ease the
99	166		rate of childhood immunizations pur suant to the requirements of the
100	167		Early and Periodic Screening, Diagnosis and Treatment (EP SDT)
101	168		services provisions. The provisions of this subsection shall not be
102	169		construed to prohibit or affect the eligibility of any child to
103	170		receive benefits pursuant to Title XIX or Title XXI of the Social
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104	197		Security Act or to require the immunization of any c hild if such
105	198		child is exempt from the immunization requirements pursuant to law.
106	199		The name of any child exempt from immuni zation pursuant to Sect ion
107	200		1210.192 of this title shall not be included in the information
108	201		transmitted pursuant to this subsection.
109		-
110	202		E. The State Department of Education shall provide and ensure
111	203		that each school district in this state provides, on the scho ol
112	204		district website and in any notice or pub lication provided to
113	205		parents regarding immunization requests, the following information
114	206		regarding immunization requirements for school attendance: “For
115	207		school enrollment, a parent or guardian shall provide one o f the
116	208		following:
117		-
118	209		1. Current, up-to-date immunization records; or
119		-
120	210		2. A completed and signed exemption form. ”
121		-
122	211		SECTION 2. NEW LAW A new section of law to be codified
123	212		in the Oklahoma Statutes as Section 1210.189 of Title 70, unless
124	213		there is created a duplication in numbering, r eads as follows:
125		-
126	214		A. A board of education of a public school district or a
127	215		technology center school district, the board of regents of an
128	216		institution within The Oklahoma State System of Higher Education ,
129	217		the governing board of a private postsecondary educational
130	218		institution, the Oklahoma State Regents for Higher Education, the
131	219		State Board of Education or the State Board of Career and Technolog y
132	220		Education shall not:
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134	246
135		-	ENR. S. B. NO. 658 Page 4
136	247		1. Require a vaccination against Coronavirus dise ase 2019
137	248		(COVID-19) as a condition of admitt ance to or attendance of the
138	249		school or institution;
139		-
140	250		2. Require a vaccine passport as a co ndition of admittance to
141	251		or attendance of the school or institution; or
142		-
143	252		3. Implement a mask mandate for students who have not been
144	253		vaccinated against COVID -19.
145		-
146	254		B. As used in this section, “vaccine passport” means
147	255		documentation that an individual has been vaccinated against COVID-
148	256		19.
149		-
150	257		C. Nothing in this section shall be construed to apply to any
151	258		public or private healthcare setting.
152		-
153	259		SECTION 3. NEW LAW A new section of law to be codified
154	260		in the Oklahoma Statutes as Section 1210.190 of Title 70, unless
155	261		there is created a dupli cation in numbering, reads as follows:
156		-
157	262		A. A board of education of a public school district or a
158	263		technology center school district ma y only implement a mandate to
159	264		wear a mask or any other medical device as provided in this
160	265		subsection.
161		-
162	266		1. A board of education of a public school district or a
163	267		technology center school distric t may only implement a mandate to
164	268		wear a mask or any other medic al device after consultation with the
165	269		local county health depa rtment or city-county health department
166	270		within the jurisdiction of where the board is located and when the
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167	297		jurisdiction of where the board is located is under a current state
168	298		of emergency declared by the Governor.
169		-
170	299		2. The mandate shall explicitly list the purposes for the
171	300		mandate.
172		-
173	301		3. The mandate shall reference the speci fic masks or medical
174	302		devices that would meet the requirements of th e mandate.
175		-
176		-
177		-	ENR. S. B. NO. 658 Page 5
178	303		4. Any mandate to implement wearing a mask or any other medical
179	304		device shall be reconsid ered at each regularly scheduled board
180	305		meeting.
181		-
182	306		SECTION 4. This act shall become effective July 1, 2021.
183		-
184	307		SECTION 5. It being immediately necessary for the preservati on
185	308		of the public peace, health or safety, an emergency is hereby
186	309		declared to exist, by reason wh ereof this act shall take effect and
187	310		be in full force from and after its passage and approval.
188	311
189		-
190		-	ENR. S. B. NO. 658 Page 6
191		-	Passed the Senate the 25th day of May, 2021.
192		-
193		-
194		-
195		-	Presiding Officer of the Senate
196		-
197		-
198		-	Passed the House of Representatives the 26th day of May, 2021.
199		-
200		-
201		-
202		-	Presiding Officer of the House
203		-	of Representatives
204		-
205		-	OFFICE OF THE GOVERNOR
206		-	Received by the Office of the Governor this _______ _____________
207		-	day of ___________________, 20_______, at _______ o'clock _______ M.
208		-	By: _______________________________ __
209		-	Approved by the Governor of the State of Oklahoma this _____ ____
210		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
211		-
212		-	_________________________________
213		-	Governor of the State of Oklahoma
214		-
215		-
216		-	OFFICE OF THE SECRETARY OF STATE
217		-	Received by the Office of the Secretary of State this _______ ___
218		-	day of __________________, 20 _______, at _______ o'clock _______ M.
219		-	By: ____________________________ _____
	312	+	58-1-2223 DC 5/24/2021 4:29:09 PM

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB658 Compare Versions