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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2170 By: West (Kevin)
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 1210.191, which relates to school
immunizations; deleting rulemaking process to alter
immunization list; requiring recommended changes to
the list be submitted to the Legislature for
approval; prohibiting adoption prior to Legislative
approval; requiring changes to follow specified
process; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, 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 present ed 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, haemop hilus influenzae type B (HIB), measles
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(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 th e State Commissioner of
Health, shall conform to recognized standard medical practices in
the state. The State Depa rtment of Health shall supervise and
secure the enforceme nt 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 Commissioner, by rule, may alter the list of
immunizations required after notice and hearing. Any recommended
change in the list of immunizations required shall be proposed by
the Commissioner and submitted to the next regular s ession of the
Legislature and such change shall remain in force and effect not be
adopted or required unless and until a concurrent resolution of
disapproval approval is passed by the Legislature. Hearings to
recommend a change in the list of immunizations shall be conducted
by the Commissioner, or such officer, agents or employees as th e
Commissioner may designate for that purpose. The Commissioner shall
give appropriate notice of the proposed recommended change in the
list of immunizations required and of the time and place for
hearing. The Upon approval by the Legislature, the change shall
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become effective on a date fixed by the Commissioner. Any change in
the list of immunizations required may shall 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 to
the Oklahoma Health Care Autho rity 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 pursuant 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 S ocial
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 Section
1210.192 of this title shall not be included in t he 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 scho ol
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 o f the
following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form. "
SECTION 2. This act shall become effective November 1, 2023.
59-1-5457 EK 12/16/22