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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 2963 By: Olsen
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 1210.191 and 1210.192, which relate to
immunizations; updating statutory reference; deleting
references to enforcement; modifying name of form to
notification statement; requiring immediate exemption
upon receipt of statement; permitting child to attend
school upon receipt; allowing certain data to be
collected and recorded for statistical information;
prohibiting recording of identifiable in formation;
directing destruction of certain original documents;
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 Except as provided in Section 1210.192
of this title, no minor child shall be admitted to any public,
private or parochial school operating in this stat e unless and until
certification is presented 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 aga inst diphtheria, pertussis,
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tetanus, haemophilus influenzae type B (HIB), measles (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 the State Commissioner of
Health, shall conform to recognized standard m edical 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 and the governing boards of the school
districts of this state shall render r easonable assistance to the
State Department of Health in the enforcement of the provisions
hereof immunization program.
C. The 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 u ntil a concurrent resolution of
disapproval is passed. He arings 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 propo sed change in the list of
immunizations required and of the time and place for hearing. T he
change shall become effective on a date fixed by the Commissioner.
Any change in the list of immunizations required may be amended or
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repealed in the same manner as provided for its adoption.
Proceedings pursuant to this subsecti on 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 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 pursuant to the requirements of the
Early and Periodic Screening, Diagno sis 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
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 t o this subsection.
E. The State Department of Education shall provide and ensure
that each school district in this state provides, on the scho ol
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district website and in any notice or publication provided to
parents regarding immunization requests notification statements, the
following information re garding immunization requirements policies
for school attendance: "For school enrollment, a parent or guardian
shall provide one of the following:
1. Current, up-to-date immunization records; or
2. A completed and signed exemption form notification statement
as described in paragraph 2 of subsection A of Section 1210.192 of
this title."
SECTION 2. AMENDATORY 70 O.S. 202 1, Section 1210.192, is
amended to read as follows:
Section 1210.192 A. Any minor child, through the parent,
guardian, or legal custodian of the child, may submit to the health
authority charged with the enforcement of the immunization laws of
this state:
1. A certificate of a licensed physician, as defined in Section
725.2 of Title 59 of the Oklahoma Statutes, stating that the
physical condition of the child is such that immunization would
endanger the life or health of the child; or
2. A written notification statement by the parent, guardian or
legal custodian of the child objecting to immunization of the child ;
whereupon. Upon receipt of the notification statement by the school
where the child is enrolled, the child shall be immediately exempt
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from the immunization laws of this state and permitted to attend
school.
B. The health authority may use the certificate or notification
statement described in subsection A of this section to collect and
record statistical information about the child, including his or her
age, sex, school district, city or town, and county. The name and
address of the child being exempted shall not be recorded by the
health authority or any ot her government entity other than the
school district. The health authority shall destroy the original
certificate or notification statement within one (1) business day of
recording the statistical data, if the information is recorded .
SECTION 3. This act shall become effective November 1, 2024.
59-2-8445 EK 11/14/23