1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|HOUSE BILL 2181 By: West (Kevin) |
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7| AS INTRODUCED |
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8| An Act relating to quarantine protocols; amending 63 |
| O.S. 2021, Section 1-504, which relates to quarantine |
9| procedures; prohibiting certain movement of person |
| having or suspected of having communicable disease; |
10| broadening certain authority of district court; |
| updating statutory language; amending 63 O.S. 2021, |
11| Section 1-507, which relates to school attendance of |
| diseased pupils; broadening applicability of section; |
12| eliminating certain duty of school; modifying |
| criteria for determination of exclusion period; |
13| authorizing local health departments and the State |
| Department of Health to provide certain guidance to |
14| schools; amending 70 O.S. 2021, Section 1210.194, |
| which relates to children afflicted with contagious |
15| disease or head lice; broadening applicability of |
| section; requiring compliance with certain public |
16| health law; authorizing certain certification from a |
| licensed doctor; eliminating certain provisions |
17| relating to head lice; repealing 63 O.S. 2021, |
| Sections 1-505 and 1-506, which relate to removal of |
18| diseased persons; providing an effective date; and |
| declaring an emergency. |
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22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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23| SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-504, is |
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24|amended to read as follows: |
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1| Section 1-504. A. Whenever a local health officer determines |
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2|or suspects that a person has been exposed to and may be incubating |
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3|a communicable disease of public health concern, the local health |
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4|officer may impose a quarantine upon such person and require such |
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5|person to remain out of public contact and in the place or premises |
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6|where such person usually stays. Notice thereof shall be given in |
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7|accordance with the rules and regulations of promulgated by the |
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8|State Board Commissioner of Health. It shall be unlawful for such |
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9|person, or any other person, to violate the terms or conditions of |
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10|the quarantine. |
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11| B. Whenever a local health officer determines or suspects that |
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12|a person has a communicable disease of public health concern, the |
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13|local health officer may impose isolation upon such person and |
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14|require such person to remain out of public contact and in an |
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15|adequate treatment facility or in the place or premises where such |
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16|person usually stays. Notice thereof shall be given in accordance |
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17|with the rules and regulations of promulgated by the State Board |
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18|Commissioner of Health. It shall be unlawful for such person, or |
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19|any other person, to violate the terms or conditions of the |
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20|isolation. |
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21| C. No person having or suspected of having a communicable |
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22|disease shall be compelled to be moved from the place where he or |
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23|she is sick to any place other than his or her own residence unless |
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24|the individual does not reside in a permanent residence. |
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1| D. District courts shall be authorized to may grant injunctive |
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2|relief, including temporary injunctions and temporary restraining |
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3|orders, to overturn or compel compliance with a quarantine or |
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4|isolation order issued by a local health officer pursuant to this |
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5|section. |
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6| SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-507, is |
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7|amended to read as follows: |
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8| Section 1-507. No Any person having a communicable disease |
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9|shall be permitted to attend or head lice may be prohibited from |
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10|attending a private or, public, or parochial school, and it. It |
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11|shall be the duty of the parent or guardian and the school of such |
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12|person to exclude from the school such person until the expiration |
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13|of the period of isolation or quarantine ordered for the case, or |
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14|until permission to do so shall have been given by the local county |
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15|health department or the State Department of Health in compliance |
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16|with the school's communicable disease policy. Local health |
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17|departments and the State Department of Health may provide guidance |
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18|and assistance to schools in setting or changing such policy. |
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19| SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.194, is |
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20|amended to read as follows: |
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21| Section 1210.194 A. Any child afflicted with a contagious or |
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22|communicable disease or head lice may be prohibited from attending a |
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23|public, private, or parochial school until such time as he the child |
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24|is free from the contagious or communicable disease or head lice in |
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1|compliance with Section 1-507 of Title 63 of the Oklahoma Statutes |
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2|or upon certification from a licensed medical doctor or licensed |
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3|doctor of osteopathic medicine. |
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4| B. Any child prohibited from attending school due to head lice |
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5|shall present to the appropriate school authorities, before the |
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6|child may reenter school, certification from a health professional |
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7|as defined by Section 2601 of Title 63 of the Oklahoma Statutes or |
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8|an authorized representative of the State Department of Health that |
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9|the child is no longer afflicted with head lice. |
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10| C. School districts and county or city-county health |
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11|departments may enter into agreements under the Interlocal |
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12|Cooperation Act for the purpose of providing assistance to the |
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13|school district by inspecting children who are returning to school |
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14|after an absence due to head lice to ensure that the child is no |
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15|longer afflicted with head lice. |
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16| D. If a school district and county or city-county health |
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17|department has entered into an agreement as authorized in subsection |
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18|C of this section, upon written authorization of the parent or |
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19|guardian of a child, the county or city-county health department may |
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20|provide treatment to the child for head lice. |
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21| SECTION 4. REPEALER 63 O.S. 2021, Section 1-505, is |
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22|hereby repealed. |
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23| SECTION 5. REPEALER 63 O.S. 2021, Section 1-506, is |
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24|hereby repealed. |
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1| SECTION 6. This act shall become effective July 1, 2023. |
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2| SECTION 7. It being immediately necessary for the preservation |
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3|of the public peace, health or safety, an emergency is hereby |
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4|declared to exist, by reason whereof this act shall take effect and |
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5|be in full force from and after its passage and approval. |
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7|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/23/2023 - |
|DO PASS. |
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