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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2170 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; amending 70 O.S. 2021,
41	41	Section 1210.191, which relates to school
42	42	immunizations; deleting rulemaking process to alter
43	43	immunization list; requiring recommended changes to
44	44	the list be submitted to the Legislature for
45	45	approval; prohibiting adoption prior to Legislative
46	46	approval; requiring changes to follow specified
47	47	process; and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.191, is
56	56	amended to read as follows:
57	57	Section 1210.191 A. No minor child shall be admitted to any
58	58	public, private, or parochial school operating in this state unless
59	59	and until certification is present ed to the appropriate s chool
60	60	authorities from a licensed physician, or authorized representative
61	61	of the State Department of Health, that such child has received or
62	62	is in the process of receiving, immunizations against diphtheria,
63	63	pertussis, tetanus, haemop hilus influenzae type B (HIB), measles
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90	90	(rubeola), rubella, poliomyelitis, varicella , and hepatitis A or is
91	91	likely to be immune as a result of the disease.
92	92	B. Immunizations required, and the manner and frequency of
93	93	their administration, as prescribed by th e State Commissioner of
94	94	Health, shall conform to recognized standard medical practices in
95	95	the state. The State Depa rtment of Health shall supervise and
96	96	secure the enforceme nt of the required immunization program. The
97	97	State Department of Education a nd the governing boards of the school
98	98	districts of this state shall render reasonable assistance to the
99	99	State Department of Health in the enforcement of the provisions
100	100	hereof.
101	101	C. The Commissioner, by rule, may alter the list of
102	102	immunizations required after notice and hearing. Any recommended
103	103	change in the list of immunizations required shall be proposed by
104	104	the Commissioner and submitted to the next regular s ession of the
105	105	Legislature and such change shall remain in force and effect not be
106	106	adopted or required unless and until a concurrent resolution of
107	107	disapproval approval is passed by the Legislature. Hearings to
108	108	recommend a change in the list of immunizations shall be conducted
109	109	by the Commissioner, or such officer, agents or employees as th e
110	110	Commissioner may designate for that purpose. The Commissioner shall
111	111	give appropriate notice of the proposed recommended change in the
112	112	list of immunizations required and of the time and place for
113	113	hearing. The Upon approval by the Legislature, the change shall
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140	140	become effective on a date fixed by the Commissioner. Any change in
141	141	the list of immunizations required may shall be amended or repealed
142	142	in the same manner as provided for its adoption. Proceedings
143	143	pursuant to this subsection shall be governed by the Administrative
144	144	Procedures Act.
145	145	D. The State Department of Education and the governing boards
146	146	of the school distric ts of this state shall provide for release to
147	147	the Oklahoma Health Care Autho rity of the immunization records of
148	148	school children covere d under Title XIX or Title XXI of the federal
149	149	Social Security Act who have not received the required immunizations
150	150	at the appropriate time. The information received pursuant to such
151	151	release shall be transmitted by the Oklahoma Health Care Authority
152	152	to medical providers who provide services to such children pursuant
153	153	to Title XIX or Title XXI to assist in their efforts to incr ease the
154	154	rate of childhood immunizations pursuant to the requirements of the
155	155	Early and Periodic Screening, Diagnosis and Treatment (EP SDT)
156	156	services provisions. The provisions of this subsection shall not be
157	157	construed to prohibit or affect the eligibility of any child to
158	158	receive benefits pursuant to Title XIX or Title XXI of the S ocial
159	159	Security Act or to require the immunization of any c hild if such
160	160	child is exempt from the immunization requirements pursuant to law.
161	161	The name of any child exempt from immuni zation pursuant to Section
162	162	1210.192 of this title shall not be included in t he information
163	163	transmitted pursuant to this subsection.
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190	190	E. The State Department of Education shall provide and ensure
191	191	that each school district in this state provides, on the scho ol
192	192	district website and in any notice or publication provided to
193	193	parents regarding immunization requests, the following information
194	194	regarding immunization requirements for school attendance: "For
195	195	school enrollment, a parent or guardian shall provide one o f the
196	196	following:
197	197	1. Current, up-to-date immunization records; or
198	198	2. A completed and signed exemption form. "
199	199	SECTION 2. This act shall become effective November 1, 2023.
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201	201	59-1-5457 EK 12/16/22

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2170 Compare Versions