Bill Text For SB0658 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 58th Legislature (2021)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|SENATE BILL NO. 658                  By: Dahm of the Senate            |
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 5|                                         and                           |
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 6|                                         West (Kevin) of the House     |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1210.191, which relates to required                     |
11|       immunizations; requiring the State Department of                |
  |       Education and school districts to provide certain               |
12|       information to parents; updating statutory term;                |
  |       establishing criteria for certain entities to                   |
13|       implement a mask mandate; specifying requirements for           |
  |       mandate; providing for codification; providing an               |
14|       effective date; and declaring an emergency.                     |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.191, is   |
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19|amended to read as follows:                                            |
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20|    Section 1210.191  A.  No minor child shall be admitted to any      |
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21|public, private, or parochial school operating in this state unless    |
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22|and until certification is presented to the appropriate school         |
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23|authorities from a licensed physician, or authorized representative    |
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24|of the State Department of Health, that such child has received or     |
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   Req. No. 8097                                                   Page 1
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 1|is in the process of receiving, immunizations against diphtheria,      |
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 2|pertussis, tetanus, haemophilus influenzae type B (HIB), measles       |
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 3|(rubeola), rubella, poliomyelitis, varicella, and hepatitis A or is    |
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 4|likely to be immune as a result of the disease.                        |
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 5|    B.  Immunizations required, and the manner and frequency of        |
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 6|their administration, as prescribed by the State Board Commissioner    |
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 7|of Health, shall conform to recognized standard medical practices in   |
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 8|the state.  The State Department of Health shall supervise and         |
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 9|secure the enforcement of the required immunization program.  The      |
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10|State Department of Education and the governing boards of the school   |
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11|districts of this state shall render reasonable assistance to the      |
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12|State Department of Health in the enforcement of the provisions        |
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13|hereof.                                                                |
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14|    C.  The State Board of Health Commissioner, by rule, may alter     |
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15|the list of immunizations required after notice and hearing.  Any      |
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16|change in the list of immunizations required shall be submitted to     |
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17|the next regular session of the Legislature and such change shall      |
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18|remain in force and effect unless and until a concurrent resolution    |
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19|of disapproval is passed.  Hearings shall be conducted by the State    |
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20|Board of Health Commissioner, or such officer, agents or employees     |
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21|as the Board of Health Commissioner may designate for that purpose.    |
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22|The State Board of Health Commissioner shall give appropriate notice   |
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23|of the proposed change in the list of immunizations required and of    |
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24|the time and place for hearing.  The change shall become effective     |
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   Req. No. 8097                                                   Page 2
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 1|on a date fixed by the State Board of Health Commissioner.  Any        |
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 2|change in the list of immunizations required may be amended or         |
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 3|repealed in the same manner as provided for its adoption.              |
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 4|Proceedings pursuant to this subsection shall be governed by the       |
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 5|Administrative 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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   Req. No. 8097                                                   Page 3
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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.     NEW LAW     A new section of law to be codified     |
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11|in the Oklahoma Statutes as Section 1210.190 of Title 70, unless       |
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12|there is created a duplication in numbering, reads as follows:         |
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13|    A.  A board of education of a public school district or a          |
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14|technology center school district may only implement a mandate to      |
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15|wear a mask or any other medical device as provided in this section    |
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16|and shall provide any purpose or purposes for the mandate in the       |
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17|text of the mandate.  If no specific purposes are provided in the      |
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18|mandate, the mandate shall be invalidated.                             |
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19|    B.  A board of education of a public school district or a          |
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20|technology school district may only implement a mandate to wear a      |
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21|mask or any other medical device after consultation with the local     |
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22|county health department or city-county health department within       |
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23|whose jurisdiction the board is located.                               |
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24|    SECTION 3.  This act shall become effective July 1, 2021.          |
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   Req. No. 8097                                                   Page 4
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 1|    SECTION 4.  It being immediately necessary for the preservation    |
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 2|of the public peace, health or safety, an emergency is hereby          |
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 3|declared to exist, by reason whereof this act shall take effect and    |
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 4|be in full force from and after its passage and approval.              |
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 6|    58-1-8097      AB     04/08/21                                     |
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   Req. No. 8097                                                   Page 5
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