Bill Text For HB2339 - Senate Floor Version

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  |                            April 8, 2019                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 2339                        By: Roberts (Sean), McDugle,      |
 4|                                         West (Kevin) and Randleman    |
  |                                         of the House                  |
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  |                                         Standridge, Murdock,          |
 7|                                         Newhouse and Dahm of the      |
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10|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1-116.2, as amended by Section 1, Chapter               |
11|       192, O.S.L. 2018 (70 O.S. Supp. 2018, Section                   |
  |       1-116.2), which relates to application of medication            |
12|       to students; prohibiting certain vaccinations without           |
  |       prior authorization; and providing an effective date.           |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1-116.2, as    |
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17|amended by Section 1, Chapter 192, O.S.L. 2018 (70 O.S. Supp. 2018,    |
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18|Section 1-116.2), is amended to read as follows:                       |
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19|    Section 1-116.2  A.  A school nurse, or in the absence of such     |
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20|nurse, an administrator or designated school employees, pursuant to    |
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21|the written authorization of the parent or guardian of the student,    |
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22|may:                                                                   |
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23|    1.  Administer a nonprescription medicine;                         |
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 1|    2.  Assist a student in applying sunscreen, a compound topically   |
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 2|applied to prevent a sunburn; and                                      |
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 3|    3.  Administer a filled prescription medicine as that term is      |
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 4|defined by Section 353.1 of Title 59 of the Oklahoma Statutes          |
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 5|pursuant to the directions for the administration of the medicine      |
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 6|listed on the label or as otherwise authorized by a licensed           |
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 7|physician.                                                             |
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 8|    B.  In addition to the persons authorized to administer            |
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 9|nonprescription medicine and filled prescription medicine pursuant     |
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10|to the provisions of subsection A of this section, a nurse employed    |
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11|by a county health department and subject to an agreement made         |
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12|between the county health department and the school district for       |
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13|medical services, may administer nonprescription medicine and filled   |
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14|prescription medicine pursuant to the provisions of this section.      |
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15|    C.  Each school in which any medicine is administered pursuant     |
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16|to the provisions of subsection A of this section shall keep a         |
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17|record of the name of the student to whom the medicine was             |
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18|administered, the date the medicine was administered, the name of      |
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19|the person who administered the medicine and the type or name of the   |
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20|medicine which was administered.                                       |
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21|    D.  Medicine to be administered by the county or school nurse,     |
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22|administrator or the designated persons and which is stored at the     |
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23|school shall be properly stored and not readily accessible to          |
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24|persons other than the persons who will administer the medication.     |
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 1|    E.  1.  A public school shall permit a student to possess and      |
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 2|self-apply sunscreen that is regulated by the Food and Drug            |
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 3|Administration without the written authorization of a parent, legal    |
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 4|guardian or physician.                                                 |
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 5|    2.  As used in this subsection, "sunscreen" means a compound       |
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 6|topically applied to prevent sunburn.                                  |
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 7|    F.  The school shall keep on file the written authorization of     |
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 8|the parent or guardian of the student to administer medicine to the    |
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 9|student or to apply sunscreen on the student.                          |
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10|    G.  As provided in the Parents' Bill of Rights, a student shall    |
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11|not be vaccinated at school or on school grounds or receive a          |
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12|vaccine as part of the mobile vaccination effort without prior         |
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13|written authorization, including the signature of the parent or        |
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14|legal guardian of the student for each vaccine given.                  |
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15|    H.  A school nurse, county nurse, administrator or the             |
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16|designated school employees shall not be liable to the student or a    |
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17|parent or guardian of the student for civil damages for any personal   |
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18|injuries to the student which result from acts or omissions of the     |
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19|school or county nurse, administrator or designated school employees   |
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20|in administering any medicine pursuant to the provisions of this       |
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21|section.  This immunity shall not apply to acts or omissions           |
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22|constituting gross, willful or wanton negligence.                      |
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 1|    SECTION 2.  This act shall become effective November 1, 2019.      |
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 2|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |April 8, 2019 - DO PASS AS AMENDED                                     |
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