1 STATE OF OKLAHOMA
1
2 1st Session of the 58th Legislature (2021)
2
3 SENATE BILL 658 By: Dahm
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to schools; amending 70 O.S. 2011,
7 Section 1210.191, which relates to required
8 immunizations; requiring the State Department of
8 Education and school districts to provide certain
9 information to parents; updating statutory term;
9 providing an effective date; and declaring an
10 emergency.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 70 O.S. 2011, Section 1210.191, is
14
15 amended to read as follows:
15
16 Section 1210.191. A. No minor child shall be admitted to any
16
17 public, private, or parochial school operating in this state unless
17
18 and until certification is presented to the appropriate school
18
19 authorities from a licensed physician, or authorized representative
19
20 of the State Department of Health, that such child has received or
20
21 is in the process of receiving, immunizations against diphtheria,
21
22 pertussis, tetanus, haemophilus influenzae type B (HIB), measles
22
23 (rubeola), rubella, poliomyelitis, varicella, and hepatitis A or is
23
24 likely to be immune as a result of the disease.
24
Req. No. 1307 Page 1
 1 B. Immunizations required, and the manner and frequency of
1
2 their administration, as prescribed by the State Board Commissioner
2
3 of Health, shall conform to recognized standard medical practices in
3
4 the state. The State Department of Health shall supervise and
4
5 secure the enforcement of the required immunization program. The
5
6 State Department of Education and the governing boards of the school
6
7 districts of this state shall render reasonable assistance to the
7
8 State Department of Health in the enforcement of the provisions
8
9 hereof.
9
10 C. The State Board of Health Commissioner, by rule, may alter
10
11 the list of immunizations required after notice and hearing. Any
11
12 change in the list of immunizations required shall be submitted to
12
13 the next regular session of the Legislature and such change shall
13
14 remain in force and effect unless and until a concurrent resolution
14
15 of disapproval is passed. Hearings shall be conducted by the State
15
16 Board of Health Commissioner, or such officer, agents or employees
16
17 as the Board of Health Commissioner may designate for that purpose.
17
18 The State Board of Health Commissioner shall give appropriate notice
18
19 of the proposed change in the list of immunizations required and of
19
20 the time and place for hearing. The change shall become effective
20
21 on a date fixed by the State Board of Health Commissioner. Any
21
22 change in the list of immunizations required may be amended or
22
23 repealed in the same manner as provided for its adoption.
23
24
24
Req. No. 1307 Page 2
 1 Proceedings pursuant to this subsection shall be governed by the
1
2 Administrative Procedures Act.
2
3 D. The State Department of Education and the governing boards
3
4 of the school districts of this state shall provide for release to
4
5 the Oklahoma Health Care Authority of the immunization records of
5
6 school children covered under Title XIX or Title XXI of the federal
6
7 Social Security Act who have not received the required immunizations
7
8 at the appropriate time. The information received pursuant to such
8
9 release shall be transmitted by the Oklahoma Health Care Authority
9
10 to medical providers who provide services to such children pursuant
10
11 to Title XIX or Title XXI to assist in their efforts to increase the
11
12 rate of childhood immunizations pursuant to the requirements of the
12
13 Early and Periodic Screening, Diagnosis and Treatment (EPSDT)
13
14 services provisions. The provisions of this subsection shall not be
14
15 construed to prohibit or affect the eligibility of any child to
15
16 receive benefits pursuant to Title XIX or Title XXI of the Social
16
17 Security Act or to require the immunization of any child if such
17
18 child is exempt from the immunization requirements pursuant to law.
18
19 The name of any child exempt from immunization pursuant to Section
19
20 1210.192 of this title shall not be included in the information
20
21 transmitted pursuant to this subsection.
21
22 E. The State Department of Education shall provide and ensure
22
23 that each school district in this state provides, in any notice or
23
24 publication provided to parents regarding immunization requests,
24
Req. No. 1307 Page 3
 1 information regarding immunization requirements for attendance of
1
2 school, exemptions to such requirements and information on where to
2
3 obtain an exemption form.
3
4 SECTION 2. This act shall become effective July 1, 2021.
4
5 SECTION 3. It being immediately necessary for the preservation
5
6 of the public peace, health or safety, an emergency is hereby
6
7 declared to exist, by reason whereof this act shall take effect and
7
8 be in full force from and after its passage and approval.
8
9
9
10 58-1-1307 DC 1/21/2021 10:17:07 AM
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 1307 Page 4