House Bill 3063 - Read the Bill with included-Amendment
Updated: Oct 7, 2019
The originally introduced bill has been edited by one of the members of our group to omit the page and line numbers and add in the amendments as published 3/14/19. Caution taken but accuracy is not guaranteed.
HOUSE BILL 3063
A BILL FOR AN ACT Relating to health care; creating new provisions; amending ORS 433.102, 433.235, 433.267, 433.269, 433.273 and 433.284;
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2019 Act is added to and made a part of ORS 433.235 to 433.284.
"SECTION 2. (1)(a) Notwithstanding ORS 433.267, a child who is not immunized as required under ORS 433.267 for a reason other than because of an indicated medical diagnosis may attend a school that provides its education program through online courses.
"(b) A child described in this subsection may not attend in person any school-related activities, events or meetings in which the child will share the same physical space as other individuals.
"(2) A child described in subsection (1) of section shall submit to the administrator of the school:
"(a) A document described in ORS 433.267 (1); or
"(b) A document, on a form prescribed by the Oregon Health Authority and signed by the parent, stating that the child is not immunized as required under ORS 433.267.
"(3) The State Board of Education, in consultation with the authority, may adopt rules to carry out this section
SECTION 3. ORS 433.102 is amended to read:
"433.102. (1) Nothing in ORS 433.090 to 433.102 is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized.
(2) Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (1)(b) [or (c)].
SECTION 4. ORS 433.235 is amended to read:
“433.235. As used in ORS 433.235 to 433.284:
“(1) ‘Administrator’ means the principal or other person having general control and supervision of a school or children’s facility.
“(2) ‘Children’s facility’ or ‘facility’ means:
“(a) A certified child care facility as described in ORS 329A.030 and 329A.250 to 329A.450, except as exempted by rule of the Oregon Health Authority;
“(b) A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry, except as exempted by rule of the authority; or
“(c) A program providing child care or educational services to children, six weeks of age to kindergarten entry, in a residential or nonresidential setting, except as exempted by rule of the authority.
“(3) ‘Local health department’ has the meaning given that term in ORS 431.003.
“(4) ‘Parent’ means a parent or guardian of a child or any adult responsible for the child.
“(5) ‘Physician’ means a physician licensed by the Oregon Medical Board or by the Oregon Board of Naturopathic Medicine or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States.
“(6) ‘Restrictable diseases’ means the following diseases:
“(h) Haemophilus influenzae type b;
“(i) Hepatitis A and B; and
“(7) ‘School’ means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the authority.”
SECTION 5. ORS 433.267 is amended to read:
"433.267. (1) As a condition of attendance in any school or children’s facility in this state, every child through grade 12 shall submit to the administrator, unless the school or facility the child attends already has on file a record that indicates that the child has received immunizations against the restrictable diseases prescribed by rules of the Oregon Health Authority as provided in ORS 433.273, one of the following:
"(a) A document signed by the parent, a practitioner of the healing arts who has within the scope of the practitioner’s license the authority to administer immunizations or a representative of the local health department certifying the immunizations the child has received; or
"(b) A document signed by a physician or a representative of the local health department stating that the child should be exempted from receiving specified immunization because of indicated medical diagnosis.
"(2)(a) A newly entering child or a transferring child shall be required to submit the document described in subsection (1) of this section prior to attending the school or facility.
"(b) Notwithstanding paragraph (a) of this subsection, a child transferring from a school in the United States must submit the document required by subsection (1) of this section not later than the exclusion date set by rule of the authority.
"(3) Persons who have been emancipated pursuant to ORS 419B.558 or who have reached the age of consent for medical care pursuant to ORS 109.640 may sign those documents on their own behalf otherwise requiring the signatures of parents under subsection (1) of this section.
"(4) The administrator shall conduct a primary evaluation of the records submitted pursuant to subsection (1) of this section to determine whether the child is entitled to begin attendance by rea- son of having submitted a document that complies with the requirements of subsection (1) of this section.
"(5) If the records do not meet the initial minimum requirements established by rule, the child may not be allowed to attend until the requirements are met. If the records meet the initial minimum requirements, the child shall be allowed to attend.
"(6) At the time specified by the authority by rule, records for children meeting the initial mini- mum requirements and records previously on file shall be reviewed for completion of requirements by the administrator to determine whether the child is entitled to continue in attendance. If the records do not comply, the administrator shall notify the local health department and shall transmit any records concerning the child’s immunization status to the local health department.
"(7) The local health department shall provide for a secondary evaluation of the records to determine whether the child should be excluded for noncompliance with the requirements stated in subsection (1) of this section. If the child is determined to be in noncompliance, the local health department shall issue an exclusion order and shall send copies of the order to the parent or the person who is emancipated or has reached the age of majority and the administrator. On the effective date of the order, the administrator shall exclude the child from the school or facility and not allow the child to attend the school or facility until the requirements of this section have been met.
"(8) The administrator shall readmit the child to the school or facility when in the judgment of the local health department the child is in compliance with the requirements of this section.
"(9) The administrator shall be responsible for updating the document described in subsection (1)(a) of this section as necessary to reflect the current status of the immunization of the child and the time at which the child comes into compliance with immunizations against the restrictable diseases prescribed by rules of the authority pursuant to ORS 433.273.
"(10) Nothing in this section shall be construed as relieving agencies, in addition to school districts, which are involved in the maintenance and evaluation of immunization records on April 27, 1981, from continuing responsibility for these activities.
"(11) All documents required by this section shall be on forms approved or provided by the authority.
"(12) In lieu of signed documents from practitioners, the authority may accept immunization record updates using practitioner documented immunization records generated by electronic means or on unsigned practitioner letterhead if the authority determines such records are accurate.
"(13) As used in this section:
"(a) “Newly entering child” means a child who is initially attending:
(A) A facility in this state;
(B) A school at the entry grade level;
(C) Either a school at any grade level or a facility from homeschooling; or
(D) A school at any grade level or a facility after entering the United States from another country.
"(b) “Transferring child” means a child moving from:
(A) One facility to another facility;
(B) One school in this state to another school in this state when the move is not the result of a normal progression of grade level; or
(C) A school in another state to a school in this state.
SECTION 6. ORS 433.269 is amended to read:
"433.269. (1) Local health departments shall make immunizations available for administration under the direction of a local health officer in convenient areas and at convenient times. A local health department may not refuse to administer an immunization to a person because the person is unable to pay for the immunization.
"(2)(a) Each local health department, school and children’s facility shall report annually to the Oregon Health Authority on:
(A) The number of children in the area served by the local health department, school or children’s facility; and
(B) The number of children in the area served by the local health department, school or children’s facility who are susceptible to restrictable disease as prescribed by the authority’s rules pursuant to ORS 433.273.
"(b) Each school and children’s facility shall report annually to the authority on the number of children in the area served by the school or children’s facility who are in attendance at the school or children’s facility conditionally because of an incomplete immunization schedule.
"(c) Each local health department shall make available to each school and children’s facility in the area served by the local health department data on the immunization rate, by disease, of children in the area. Upon request, the authority shall assist local health departments in compiling data for purposes of this paragraph.
"(d) A child exempted under ORS 433.267 is susceptible to restrictable disease for purposes of this subsection.
"(3)(a) For the purpose of providing parents with the information necessary to protect their children’s health, each school and children’s facility shall make available the information reported and received by the school and children’s facility pursuant to subsection (2) of this section:
(A) At the main office of the school or children’s facility;
(B) On the school’s or school district’s website or on the children’s facility’s website, if avail- able; and
(C) To the parents of the children who attend the school or children’s facility, in the form of a paper document or electronic communication that includes the information in a clear and easy to understand manner.
"(b) The information required to be made available under paragraph (a) of this subsection must be made available at the beginning of each school year and not later than one month after the date that children may be excluded as provided by ORS 433.267.
"(4) The administrator of a school or children’s facility shall maintain immunization records of children, including children who are in attendance at the school or children’s facility conditionally because of an incomplete immunization schedule and children who are exempted as described in ORS 433.267 (1)(b) [and (c)].
SECTION 7. ORS 433.273 is amended to read:
“433.273. (1) The Oregon Health Authority shall adopt rules pertaining to the implementation of ORS 433.235 to 433.284, which shall include, but need not be limited to:
“(a) The required immunization against restrictable diseases;
“(b) The time schedule for immunization;
“(c) The approved means of immunization;
“(d) The procedures and time schedule whereby children may be excluded from attendance in schools or children’s facilities “under ORS 433.267 “(1)(b), provided that the authority includes as part of those procedures service of notice to parents;
“(e) The manner in which immunization records for children are established, evaluated and maintained;
“(f) Exemptions for schools and children’s facilities, including exemptions from the reporting requirements of ORS 433.269 (2) and exemptions from the requirement under ORS 433.269 (3) to make information available;
“(g) The implementation of ORS 433.282 and 433.283; and
“(h) Rules to carry out section 2 of this 2019 Act.
“(2) The authority may, in consideration of information published by the Centers for Disease Control and Prevention, adopt rules to recommend diseases against which a child should be immunized in addition to restrictable diseases against which a child must be immunized or exempted from immunization pursuant to ORS 433.267 (1)(b).
“SECTION 8. ORS 433.284 is amended to read:
“433.284. Private schools, children’s facilities and post-secondary educational institutions may adopt additional or more stringent requirements as long as an exemption described in ORS 433.267 (1)(b) is included and the requirements are in compliance with the United States Public Health Service Advisory Committee on Immunization Practices recommendations.
“SECTION 9. Section 10 of this 2019 Act is added to and made a part of ORS 433.235 to 433.284.
“SECTION 10. The Oregon Health Authority shall establish an out- reach and education plan related to the implementation of ORS 433.235 to 433.284.
“SECTION 11. A child who is not immunized as required under ORS 433.267 (1) and has not provided to the administrator of the school or children’s facility that the child attends a document described in ORS 433.267 (1)(b) may continue to attend the school or children’s facility until August 1, 2020.
“SECTION 12. (1) Section 10 of this 2019 Act becomes operative on January 1, 2020. “(2) The Oregon Health Authority may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the authority to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the authority by section 10 of this 2019 Act.
“SECTION 13. This 2019 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2019 Act takes effect on its passage.”
NOTE: The originally introduced bill and amendment can be found by going to: https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB3063