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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 59th Legislature (202 4)
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32	32	HOUSE BILL 2963 By: Olsen
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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	Sections 1210.191 and 1210.192, which relate to
42	42	immunizations; updating statutory reference; deleting
43	43	references to enforcement; modifying name of form to
44	44	notification statement; requiring immediate exemption
45	45	upon receipt of statement; permitting child to attend
46	46	school upon receipt; allowing certain data to be
47	47	collected and recorded for statistical information;
48	48	prohibiting recording of identifiable in formation;
49	49	directing destruction of certain original documents;
50	50	and providing an effective date .
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.191, is
58	58	amended to read as follows:
59	59	Section 1210.191 A. No Except as provided in Section 1210.192
60	60	of this title, no minor child shall be admitted to any public,
61	61	private or parochial school operating in this stat e unless and until
62	62	certification is presented to the appropriate s chool authorities
63	63	from a licensed physician, or authorized representative of the State
64	64	Department of Health, th at such child has received or is in the
65	65	process of receiving, immunizations aga inst diphtheria, pertussis,
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92	92	tetanus, haemophilus influenzae type B (HIB), measles (rubeola),
93	93	rubella, poliomyelitis, varicella and hepatitis A or is likely to be
94	94	immune as a result of the disease.
95	95	B. Immunizations required, and the manner and frequency of
96	96	their administration, as prescribed by the State Commissioner of
97	97	Health, shall conform to recognized standard m edical practices in
98	98	the state. The State Department of He alth shall supervise and
99	99	secure the enforcement of the required immunization program. The
100	100	State Department of Education and the governing boards of the school
101	101	districts of this state shall render r easonable assistance to the
102	102	State Department of Health in the enforcement of the provisions
103	103	hereof immunization program.
104	104	C. The Commissioner, by rule, may alter the list of
105	105	immunizations required after notice and hearing. Any change in the
106	106	list of immunizations required shall be submitted to the next
107	107	regular session of the Legislature and such change shall remain in
108	108	force and effect unless and u ntil a concurrent resolution of
109	109	disapproval is passed. He arings shall be conducted by the
110	110	Commissioner, or such officer, agents or employees as th e
111	111	Commissioner may designate for that purpose. The Commissioner shall
112	112	give appropriate notice of the propo sed change in the list of
113	113	immunizations required and of the time and place for hearing. T he
114	114	change shall become effective on a date fixed by the Commissioner.
115	115	Any change in the list of immunizations required may be amended or
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142	142	repealed in the same manner as provided for its adoption.
143	143	Proceedings pursuant to this subsecti on shall be governed by the
144	144	Administrative 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 Authority 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, Diagno sis 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 Social
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 Sect ion
162	162	1210.192 of this title shall not be included in the information
163	163	transmitted pursuant t o this subsection.
164	164	E. The State Department of Education shall provide and ensure
165	165	that each school district in this state provides, on the scho ol
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192	192	district website and in any notice or publication provided to
193	193	parents regarding immunization requests notification statements, the
194	194	following information re garding immunization requirements policies
195	195	for school attendance: "For school enrollment, a parent or guardian
196	196	shall provide one of the following:
197	197	1. Current, up-to-date immunization records; or
198	198	2. A completed and signed exemption form notification statement
199	199	as described in paragraph 2 of subsection A of Section 1210.192 of
200	200	this title."
201	201	SECTION 2. AMENDATORY 70 O.S. 202 1, Section 1210.192, is
202	202	amended to read as follows:
203	203	Section 1210.192 A. Any minor child, through the parent,
204	204	guardian, or legal custodian of the child, may submit to the health
205	205	authority charged with the enforcement of the immunization laws of
206	206	this state:
207	207	1. A certificate of a licensed physician, as defined in Section
208	208	725.2 of Title 59 of the Oklahoma Statutes, stating that the
209	209	physical condition of the child is such that immunization would
210	210	endanger the life or health of the child; or
211	211	2. A written notification statement by the parent, guardian or
212	212	legal custodian of the child objecting to immunization of the child ;
213	213	whereupon. Upon receipt of the notification statement by the school
214	214	where the child is enrolled, the child shall be immediately exempt
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241	241	from the immunization laws of this state and permitted to attend
242	242	school.
243	243	B. The health authority may use the certificate or notification
244	244	statement described in subsection A of this section to collect and
245	245	record statistical information about the child, including his or her
246	246	age, sex, school district, city or town, and county. The name and
247	247	address of the child being exempted shall not be recorded by the
248	248	health authority or any ot her government entity other than the
249	249	school district. The health authority shall destroy the original
250	250	certificate or notification statement within one (1) business day of
251	251	recording the statistical data, if the information is recorded .
252	252	SECTION 3. This act shall become effective November 1, 2024.
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254	254	59-2-8445 EK 11/14/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2963 Compare Versions