1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2170 By: West (Kevin) |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 1210.191, which relates to school |
8| immunizations; deleting rulemaking process to alter |
| immunization list; requiring recommended changes to |
9| the list be submitted to the Legislature for |
| approval; prohibiting adoption prior to Legislative |
10| approval; requiring changes to follow specified |
| process; and providing an effective date. |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.191, is |
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16|amended to read as follows: |
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17| Section 1210.191 A. No minor child shall be admitted to any |
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18|public, private, or parochial school operating in this state unless |
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19|and until certification is presented to the appropriate school |
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20|authorities from a licensed physician, or authorized representative |
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21|of the State Department of Health, that such child has received or |
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22|is in the process of receiving, immunizations against diphtheria, |
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23|pertussis, tetanus, haemophilus influenzae type B (HIB), measles |
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1|(rubeola), rubella, poliomyelitis, varicella, and hepatitis A or is |
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2|likely to be immune as a result of the disease. |
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3| B. Immunizations required, and the manner and frequency of |
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4|their administration, as prescribed by the State Commissioner of |
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5|Health, shall conform to recognized standard medical practices in |
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6|the state. The State Department of Health shall supervise and |
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7|secure the enforcement of the required immunization program. The |
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8|State Department of Education and the governing boards of the school |
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9|districts of this state shall render reasonable assistance to the |
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10|State Department of Health in the enforcement of the provisions |
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11|hereof. |
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12| C. The Commissioner, by rule, may alter the list of |
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13|immunizations required after notice and hearing. Any recommended |
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14|change in the list of immunizations required shall be proposed by |
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15|the Commissioner and submitted to the next regular session of the |
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16|Legislature and such change shall remain in force and effect not be |
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17|adopted or required unless and until a concurrent resolution of |
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18|disapproval approval is passed by the Legislature. Hearings to |
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19|recommend a change in the list of immunizations shall be conducted |
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20|by the Commissioner, or such officer, agents or employees as the |
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21|Commissioner may designate for that purpose. The Commissioner shall |
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22|give appropriate notice of the proposed recommended change in the |
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23|list of immunizations required and of the time and place for |
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24|hearing. The Upon approval by the Legislature, the change shall |
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1|become effective on a date fixed by the Commissioner. Any change in |
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2|the list of immunizations required may shall be amended or repealed |
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3|in the same manner as provided for its adoption. Proceedings |
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4|pursuant to this subsection shall be governed by the Administrative |
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5|Procedures Act. |
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6| D. The State Department of Education and the governing boards |
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7|of the school districts of this state shall provide for release to |
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8|the Oklahoma Health Care Authority of the immunization records of |
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9|school children covered under Title XIX or Title XXI of the federal |
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10|Social Security Act who have not received the required immunizations |
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11|at the appropriate time. The information received pursuant to such |
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12|release shall be transmitted by the Oklahoma Health Care Authority |
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13|to medical providers who provide services to such children pursuant |
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14|to Title XIX or Title XXI to assist in their efforts to increase the |
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15|rate of childhood immunizations pursuant to the requirements of the |
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16|Early and Periodic Screening, Diagnosis and Treatment (EPSDT) |
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17|services provisions. The provisions of this subsection shall not be |
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18|construed to prohibit or affect the eligibility of any child to |
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19|receive benefits pursuant to Title XIX or Title XXI of the Social |
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20|Security Act or to require the immunization of any child if such |
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21|child is exempt from the immunization requirements pursuant to law. |
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22|The name of any child exempt from immunization pursuant to Section |
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23|1210.192 of this title shall not be included in the information |
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24|transmitted pursuant to this subsection. |
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1| E. The State Department of Education shall provide and ensure |
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2|that each school district in this state provides, on the school |
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3|district website and in any notice or publication provided to |
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4|parents regarding immunization requests, the following information |
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5|regarding immunization requirements for school attendance: "For |
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6|school enrollment, a parent or guardian shall provide one of the |
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7|following: |
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8| 1. Current, up-to-date immunization records; or |
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9| 2. A completed and signed exemption form." |
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10| SECTION 2. This act shall become effective November 1, 2023. |
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12| 59-1-5457 EK 12/16/22 |
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