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IMMUNIZATION OF CHILDREN
TITLE 10. CHILDREN
CHAPTER 18 - OKLAHOMA CHILD CARE FACILITIES LICENSING ACT
10 Okl. St. § 411 (2007)
§ 411 - Certificate of Immunization
as Condition for Admission to Day Care Facility - Waiver
A. No person, firm, corporation, partnership
or other legal entity operating a day care center or day care home
in this state shall cause or permit a minor child two (2) months
of age or older to be admitted to such facility unless and until
the parent, guardian, or other related person of such child presents
certification from a licensed physician or authorized representative
of any state or local department of public health that such child
has received or will receive immunization at the medically appropriate
time against diphtheria, pertussis, tetanus, haemophilus influenzae
type B (HIB), measles (rubeola), rubella, hepatitis A, varicella,
and poliomyelitis; or presents such certification that the child
is likely to be immune as a result of the disease. Provided, however,
that in the event the parent, guardian, or other person presenting
a child for admission to a day care center or day care home certifies
in writing that a family emergency exists, the requirement imposed
by this section may be waived for a period not to exceed thirty
(30) days. Such certification shall be made prior to the provision
of care. No such waiver shall be knowingly permitted more than once
for any child.
B. The State Board of Health, by rule, may alter
the list of immunizations required under this section after notice
and hearing. Any change in the list of immunizations required shall
be submitted to the next regular session of the Legislature and
such change shall remain in force and effect unless and until a
concurrent resolution of disapproval is passed. Hearings shall be
conducted by the State Board of Health, or such officer, agents
or employees as the State Board of Health may designate for that
purpose. The State Board of Health shall give appropriate notice
of the proposed change in the list of immunizations required and
of the time and place for hearing. The change shall become effective
on a date fixed by the State Board of Health. Any change in the
list of immunizations required may be amended or repealed in the
same manner as provided for its adoption. Proceedings pursuant to
this subsection shall be governed by the Administrative Procedures
Act.
10 Okl. St. § 412 (2007)
§ 412. Manner and frequency of immunizations--Enforcement
of act
A. The immunizations required by this act, and
the manner and frequency of their administration, as prescribed
by the State Board of Health, shall conform to recognized standard
medical practices in this state. The State Department of Health
shall supervise and secure the enforcement of the required immunization
program.
B. The Department of Human Services shall render reasonable assistance
to the State Department of Health in the enforcement of the provisions
of this act. This assistance shall be in the form of revocation
or denial of the license of any facility not in compliance with
this act.
10 Okl. St. § 413 (2007)
§ 413. Exemptions.
Any minor child, through his or her parent or
guardian, may submit to the health authority charged with the enforcement
of the immunization laws, a certificate of a licensed physician
stating that the physical condition of the child is such that immunization
would endanger the life or health of the child; or upon receipt
of a written statement by the parent or guardian objecting to such
immunizations because of religious or other reasons, then such child
shall be exempt from the provisions of this act.
TITLE 70. SCHOOLS
CHAPTER 15 - HEALTH AND SAFETY
IMMUNIZATIONS
70 Okl. St. §
1210.191 (2007)
§ 1210.191 - Title 70. Schools
A. No minor child shall be admitted to any public,
private, or parochial school operating in this state unless and
until certification is presented to the appropriate school authorities
from a licensed physician, or authorized representative of the State
Department of Health, that such child has received or is in the
process of receiving, immunizations against diphtheria, pertussis,
tetanus, haemophilus influenzae type B (HIB), measles (rubeola),
(rubella), poliomyelitis, varicella, and hepatitis A or is likely
to be immune as a result of the disease.
B. Immunization tests required, and the manner
and frequency of their administration, as prescribed by the State
Board of Health, shall conform to recognized standard medical practices
in the state. The State Department of Health shall supervise and
secure the enforcement of the required immunization program. The
State Department of Education and the governing boards of the school
districts of this state shall render reasonable assistance to the
State Department of Health in the enforcement of the provisions
hereof.
C. The State Board of Health, by rule, may alter
the list of immunizations required after notice and hearing. Any
change in the list of immunizations required shall be submitted
to the next regular session of the Legislature and such change shall
remain in force and effect unless and until a concurrent resolution
of disapproval is passed. Hearings shall be conducted by the State
Board of Health, or such officer, agents or employees as the Board
may designate for that purpose. The State Board of Health shall
give appropriate notice of the proposed change in the list of immunizations
required and of the time and place for hearing. The change shall
become effective on a date fixed by the State Board of Health. Any
change in the list of immunizations required may be amended or repealed
in the same manner as provided for its adoption. Proceedings pursuant
to this subsection shall be governed by the Administrative Procedures
Act.
D. The State Department of Education and the
governing boards of the school districts of this state shall provide
for release to the Oklahoma Health Care Authority of the immunization
records of school children covered under Title XIX or Title XXI
of the federal Social Security Act who have not received the required
immunizations at the appropriate time. The information received
pursuant to such release shall be transmitted by the Oklahoma Health
Care Authority to medical providers who provide services to such
children pursuant to Title XIX or Title XXI to assist in their efforts
to increase the rate of childhood immunizations pursuant to the
requirements of the Early and Periodic Screening, Diagnosis and
Treatment (EPSDT) services provisions. The provisions of this subsection
shall not be construed to prohibit or affect the eligibility of
any child to receive benefits pursuant to Title XIX or Title XXI
of the Social Security Act or to require the immunization of any
child if such child is exempt from immunization pursuant to Section
1210.192 of this title shall not be included in the information
transmitted pursuant to this subsection.
70 Okl. St. §
1210.192 (2007)
§ 1210.192. Exemptions
Any minor child, through the parent, guardian,
or legal custodian of the child, may submit to the health authority
charged with the enforcement of the immunization laws of this state:
1. A certificate of a licensed physician as
defined in Section 725.2 of Title 59 of the Oklahoma Statutes,
stating that the physical condition of the child is such that
immunization would endanger the life or health of the child; or
2. A written statement by the parent, guardian or legal custodian
of the child objecting to immunization of the child; whereupon
the child shall be exempt from the immunization laws of this state.
TITLE 70. SCHOOLS
CHAPTER 50. HIGHER EDUCATION COD
ARTICLE II- OKLAHOMA STATE SYSTEM OF HIGHER EDUCATION
70 Okl. St. § 3244 (2007)
§ 3244- Student Vaccinations
Against Hepatitis B, Measles, Mumps, and
Rubella - Documentation - Exemptions
A.
1. Beginning with the 2004-2005 academic year,
in order to enroll as a full-time or part-time student in an institution
within The Oklahoma State System of Higher Education or a private
institution of higher learning located within this state and accredited
pursuant to Section 4103 of Title 70 of the Oklahoma Statutes,
an individual shall provide written documentation of vaccinations
against hepatitis B, measles, mumps, and rubella (MMR).
2. The requirement shall not apply to students enrolling in courses
delivered via the Internet or distance learning in which the student
is not required to attend class on campus.
B. Beginning with the 2004-2005 academic year,
institutions shall notify students of the requirements of subsection
A of this section and provide students with educational information
on hepatitis B, measles, mumps, and rubella (MMR) upon enrollment.
Such information shall also include the risks and benefits of the
vaccination. Institutions shall not be required to provide or pay
for vaccinations against hepatitis B, measles, mumps, and rubella
(MMR).
C. A written statement from a licensed physician
indicating that a vaccine is medically contraindicated shall exempt
a student from the vaccination. A student shall be exempt from the
vaccination if the student submits a written, signed statement declaring
that the administration of the vaccine conflicts with the student's
moral or religious tenets or, if the student is a minor, the student's
parent or guardian provides a written statement that the administration
of the vaccine conflicts with the parent's or guardian's moral or
religious tenets.
D. It shall be the responsibility of the governing
body or board of regents for each public or private postsecondary
institution or group of institutions to adopt policies for the implementation
of this section. In adopting these policies the relevant governing
body or board of regents may include exceptions for certain categories
of students at its discretion.
70 Okl. St. § 3243 (2007)
§ 3243 - Student Vaccinations
Against Meningococcal Disease - Waivers - Cost
A. Beginning with the 2004-2005 academic year,
public or private postsecondary educational institutions shall provide
detailed information on the risks associated with meningococcal
disease and the risks and benefits of the vaccination as well as
the availability of vaccine to students who reside or plan to reside
in on-campus student housing.
B. Beginning with the 2004-2005 academic year,
students who are first-time enrollees in any public or private postsecondary
educational institution in this state and who reside in on-campus
student housing shall be vaccinated against meningococcal disease,
unless:
1. In the case of an individual who is eighteen
(18) years of age or older, the individual signs a written waiver
provided by the institution of higher education stating that the
individual has received and reviewed the information provided
and has chosen not to be vaccinated against meningococcal disease;
or
2. In the case of an individual who is a minor, the individual's
parent or guardian signs a written waiver provided by the institution
of higher education stating that the parent or guardian has received
and reviewed the information provided and has chosen not to have
the individual vaccinated against meningococcal disease.
C. The Oklahoma State Regents for Higher Education
shall consult the State Department of Health regarding the preparation
of the informational material and waiver form required in subsection
B of this section. The Regents shall provide the material and form
to all public or private postsecondary educational institutions
with on-campus student housing in this state. It shall be the responsibility
of the governing body or board of regents for each public or private
postsecondary institution or group of institutions to adopt policies
for the implementation of this section.
D. Public or private postsecondary institutions
in this state shall not be required to provide or pay for vaccinations
against meningococcal disease.
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