Bill Text For SB0658 - Proposed Committee Substitute(1)

 1|                         COMMITTEE AMENDMENT                           |
  |                      HOUSE OF REPRESENTATIVES                         |
 2|                          State of Oklahoma                            |
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 3|     SPEAKER:                                                          |
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 4|     CHAIR:                                                            |
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 5|I move to amend  SB658                                                 |
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 6|printed Bill                                                           |
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 8|Engrossed Bill                                                         |
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 9|By striking the Title, the Enacting Clause, the entire bill, and by    |
  |inserting in lieu thereof the following language:                      |
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19|                          STATE OF OKLAHOMA                            |
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20|             1st Session of the 58th Legislature (2021)                |
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21|PROPOSED                                                               |
  |COMMITTEE SUBSTITUTE                                                   |
22|FOR ENGROSSED                                                          |
  |SENATE BILL NO. 658                  By: Dahm of the Senate            |
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  |                                         and                           |
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  |                                         West (Kevin) of the House     |
   Req. No. 7944                                                   Page 1
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 3|                    PROPOSED COMMITTEE SUBSTITUTE                      |
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 4|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1210.191, which relates to required                     |
 5|       immunizations; requiring the State Department of                |
  |       Education and school districts to provide certain               |
 6|       information to parents; updating statutory term;                |
  |       defining terms; establishing criteria for certain               |
 7|       entities to implement a mask mandate; specifying                |
  |       requirements for mandate; providing for invalidation            |
 8|       of mandate; providing for codification; providing an            |
  |       effective date; and declaring an emergency.                     |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.191, is   |
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13|amended to read as follows:                                            |
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14|    Section 1210.191.  A.  No minor child shall be admitted to any     |
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15|public, private, or parochial school operating in this state unless    |
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16|and until certification is presented to the appropriate school         |
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17|authorities from a licensed physician, or authorized representative    |
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18|of the State Department of Health, that such child has received or     |
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19|is in the process of receiving, immunizations against diphtheria,      |
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20|pertussis, tetanus, haemophilus influenzae type B (HIB), measles       |
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21|(rubeola), rubella, poliomyelitis, varicella, and hepatitis A or is    |
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22|likely to be immune as a result of the disease.                        |
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23|    B.  Immunizations required, and the manner and frequency of        |
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24|their administration, as prescribed by the State Board Commissioner    |
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   Req. No. 7944                                                   Page 2
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 1|of Health, shall conform to recognized standard medical practices in   |
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 2|the state.  The State Department of Health shall supervise and         |
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 3|secure the enforcement of the required immunization program.  The      |
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 4|State Department of Education and the governing boards of the school   |
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 5|districts of this state shall render reasonable assistance to the      |
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 6|State Department of Health in the enforcement of the provisions        |
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 7|hereof.                                                                |
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 8|    C.  The State Board of Health Commissioner, by rule, may alter     |
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 9|the list of immunizations required after notice and hearing.  Any      |
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10|change in the list of immunizations required shall be submitted to     |
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11|the next regular session of the Legislature and such change shall      |
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12|remain in force and effect unless and until a concurrent resolution    |
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13|of disapproval is passed.  Hearings shall be conducted by the State    |
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14|Board of Health Commissioner, or such officer, agents or employees     |
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15|as the Board of Health Commissioner may designate for that purpose.    |
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16|The State Board of Health Commissioner shall give appropriate notice   |
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17|of the proposed change in the list of immunizations required and of    |
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18|the time and place for hearing.  The change shall become effective     |
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19|on a date fixed by the State Board of Health Commissioner.  Any        |
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20|change in the list of immunizations required may be amended or         |
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21|repealed in the same manner as provided for its adoption.              |
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22|Proceedings pursuant to this subsection shall be governed by the       |
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23|Administrative Procedures Act.                                         |
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   Req. No. 7944                                                   Page 3
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 1|    D.  The State Department of Education and the governing boards     |
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 2|of the school districts of this state shall provide for release to     |
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 3|the Oklahoma Health Care Authority of the immunization records of      |
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 4|school children covered under Title XIX or Title XXI of the federal    |
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 5|Social Security Act who have not received the required immunizations   |
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 6|at the appropriate time.  The information received pursuant to such    |
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 7|release shall be transmitted by the Oklahoma Health Care Authority     |
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 8|to medical providers who provide services to such children pursuant    |
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 9|to Title XIX or Title XXI to assist in their efforts to increase the   |
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10|rate of childhood immunizations pursuant to the requirements of the    |
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11|Early and Periodic Screening, Diagnosis and Treatment (EPSDT)          |
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12|services provisions.  The provisions of this subsection shall not be   |
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13|construed to prohibit or affect the eligibility of any child to        |
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14|receive benefits pursuant to Title XIX or Title XXI of the Social      |
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15|Security Act or to require the immunization of any child if such       |
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16|child is exempt from the immunization requirements pursuant to law.    |
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17|The name of any child exempt from immunization pursuant to Section     |
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18|1210.192 of this title shall not be included in the information        |
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19|transmitted pursuant to this subsection.                               |
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20|    E.  The State Department of Education shall provide and ensure     |
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21|that each school district in this state provides, on the school        |
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22|district website and in any notice or publication provided to          |
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23|parents regarding immunization requests, the following information     |
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24|regarding immunization requirements for school attendance: "For        |
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   Req. No. 7944                                                   Page 4
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 1|school enrollment, a parent or guardian shall provide one of the       |
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 2|following:                                                             |
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 3|    1.  Current, up-to-date immunization records; or                   |
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 4|    2.  A completed and signed exemption form.                         |
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 5|The State Department of Health advises following the recommended       |
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 6|immunization schedule.  State law allows for exemptions to the         |
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 7|immunization schedule."                                                |
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 8|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 9|in the Oklahoma Statutes as Section 1210.190 of Title 70, unless       |
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10|there is created a duplication in numbering, reads as follows:         |
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11|    A.  As used in this section:                                       |
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12|    1.  "Relevant study" means:                                        |
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13|         a.    a randomized controlled study,                          |
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14|         b.    a peer reviewed study, or                               |
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15|         c.    a study performed by one or more researchers that has   |
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16|              not been discredited and is published in a print or      |
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17|              electronic research journal;                             |
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18|    2.  "Significant adverse effects" means recurring headaches,       |
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19|negative impact on the cardiovascular system, negative impact on the   |
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20|cardiopulmonary system including but not limited to any reduction in   |
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21|blood oxygenation or respiratory volume, significant nausea and        |
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22|vomiting or other side effects that a reasonable physician would       |
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23|consider significant; and                                              |
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24|    3.  "Substantial harm" means:                                      |
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   Req. No. 7944                                                   Page 5
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 1|         a.    bacterial, viral or other infection, most commonly      |
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 2|              from device contamination,                               |
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 3|         b.    reduced cardiovascular function,                        |
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 4|         c.    reduced cardiopulmonary function,                       |
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 5|         d.    psychological harm,                                     |
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 6|         e.    negative impact on learning for students, or            |
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 7|         f.    other adverse effects that a reasonable physician       |
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 8|              would conclude pose a risk of substantial harm.          |
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 9|    B.  1.  A board of education of a public school district, an       |
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10|institution within The Oklahoma State System of Higher Education or    |
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11|a technology center school district may only implement a mandate to    |
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12|wear a mask or any other medical device as provided in this            |
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13|subsection and shall provide any purpose or purposes for the mandate   |
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14|in the text of the mandate.  If no specific purposes are provided in   |
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15|the mandate, the mandate shall be invalidated.                         |
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16|    2.  The mandate shall reference three (3) or more relevant         |
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17|studies that show the mask or medical device has proven                |
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18|effectiveness for the exact purpose or purposes provided in the        |
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19|mandate.  Studies that do not include all masks or medical devices     |
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20|that could qualify as such under the mandate or do not address all     |
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21|purposes provided in the mandate, and in the case of a mask the        |
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22|potential for mitigation of transmission of bacterial or viral         |
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23|infection, shall not qualify as one of the required three (3) or       |
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24|more studies.                                                          |
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   Req. No. 7944                                                   Page 6
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 1|    3.  The mandate shall be invalidated if three (3) or more          |
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 2|relevant studies that show possible significant adverse effects as a   |
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 3|result of wearing a mask or medical device that would satisfy the      |
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 4|mandate and for any use that would satisfy the mandate are provided    |
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 5|to the board of education of a public school district, institution     |
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 6|within The Oklahoma State System of Higher Education or technology     |
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 7|center school district implementing the mandate.                       |
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 8|    4.  The mandate shall be invalidated if three (3) or more          |
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 9|relevant studies show that any mask or medical device that would be    |
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10|required under the mandate is found not to be effective for any of     |
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11|the purposes provided in the mandate.                                  |
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12|    5.  The mandate shall be immediately invalidated if any mask or    |
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13|medical device that would satisfy the mandate is shown by one or       |
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14|more relevant studies to pose a risk of substantial harm, if used in   |
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15|any manner that would satisfy the mandate, to the wearer of the mask   |
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16|or medical device.                                                     |
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17|    SECTION 3.  This act shall become effective July 1, 2021.          |
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18|    SECTION 4.  It being immediately necessary for the preservation    |
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19|of the public peace, health or safety, an emergency is hereby          |
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20|declared to exist, by reason whereof this act shall take effect and    |
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21|be in full force from and after its passage and approval.              |
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23|    58-1-7944      EK     04/01/21                                     |
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   Req. No. 7944                                                   Page 7
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   Req. No. 7944                                                   Page 8
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