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Vaccination Policy and Laws

Table of Contents:

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Introduction

Under Oklahoma law, while you are encouraged to vaccinate your child in order for him or her to attend school, you have the legal right to decide not to vaccinate your child for medical reasons, religious reasons or personal reasons. If you decide not to vaccinate, ask your day care center or school administrator for the Oklahoma Department of Health's Certificate of Exemption form ODH Form 216-A or you may download a copy from this website. Please be aware that if you decide not to vaccinate, if an outbreak of a disease does occur, your child will be asked to remain out of school for the duration of the outbreak.

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Current Statutes & Laws:
Medical, Religious & Philosophical

10 Okl. St. § 411 (2003)

§ 411. Certificate of immunization as condition for admission to day care facility--Alteration of list of required immunizations

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 (2003)

§ 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 (2003)

§ 1-502. Rules and regulations

(a) The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease, which may be on the following matters: Recommended immunization procedures; quarantine measures; exclusion of children from school; regulation of public meetings and gatherings in epidemic situations; regulation of vectors; control of vehicles capable of transmitting a communicable disease; detection and diagnosis of communicable disease; carriers of disease; disposal of infected body wastes and other materials; fumigation, cleaning and sterilization, and disinfection; and other necessary measures to prevent and control communicable disease.

(b) The State Board of Health is authorized to establish preventive programs for noncommunicable diseases and to promulgate rules and regulations for the control of causative or toxic substances which can or may cause disease.

DIVISION III. OTHER SCHOOL LAWS
CHAPTER 15. HEALTH AND SAFETY
IMMUNIZATION

70 Okl. St. § 1210.191 (2003)

70 Okl. St. § 1210.192 (2003)

§ 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.

The Oklahoma Statute
http://oklahomahealthfreedom.org/okstate.html

Types of Doctors Authorized By Statute to Sign Medical Exemptions
http://www.oklahomahealthfreedom.org/doctors.html

"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"

Exemption Letters & Forms:

Birth Exemptions:

For those who are planning a hospital birth but want to opt out of routine post natal procedures such as a Hep B shot, vitamin K injection, newborn screening, or the application of silver nitrate in the newborn's eyes, a very specific birthing plan must be submitted to the hospital in advance of the birth. Hospital staff must be informed, in advance, of your needs, wants and desires where your baby and birthing experience are concerned. The same applies to midwives.

IMPORTANT! Please download this if you're expecting a child or know someone who is!
This proves to the hospital that religious exemption is allowed for newborn screening in Oklahoma.
Oklahoma Newborn Screening Program 2004
Newborn Screening Blood Test: Religious Tenets & Practices
Refusal Form Page 19

http://www.health.state.ok.us/program/gp/NSP%20Regs%20'04.pdf
Can use with the Model Birth Plan letters.

Vitamin K Injection:

The prescribing information on Vitamin K shot states that fatalities are an adverse reaction according to the Merck pharmaceutical package insert.
http://www.fda.gov/medwatch/SAFETY/2003/03Feb_PI/AquaMEPHYTON_PI.pdf

"WARNING - INTRAVENOUS USE Severe reactions, including fatalities, have occurred during and immediately after the parenteral administration of AquaMEPHYTON (Phytonadione)."

The package insert should be printed out and used along with the model birth plan letter, Newborn Screening Refusal Form page 19 of the manual (above...), and your exemption letter or AFFIDAVIT. This shows the hospital or birthing center that you are aware of the risks of Vitamin K injection, and that they should be too.

Sample Vaccine Letters From this website... http://www.vaccines.bizland.com/letters.htm

Most states now require the Hepatitis B vaccine for newborns. Many parents are also faced with emergency room personnel during accident visits. If your pediatrician understands your views, get him involved with the hospital. As a last resort, protect your right to receive quality care in the following manner. (Usually, you'll never find anybody in the hospital to sign this simple form):

"I certify that the (Name of Vaccine)________ vaccine being administered to (Name of Child)_________ is free from all known and yet unknown zoonotic or human viruses or viral fragments and will not cause acute or chronic illness in the recipient due to viral contamination or as a reaction to the components of this vaccine. (Signature of Physician and Date)_________."

If you do get a signature, hold on to the form.

(Links to model birth plan letter and acceptance of responsibility)
Acceptance of Responsibility.
http://www.vaclib.org/legal/accept1.htm

Model Birth Plan Letter for Hospital Births. You can attach an exemption from immunizations. In some states, there are religious exemptions from newborn screening tests such as PKU, etc...

Model Letter for Hospital Births (Model11425.doc)

Model Birth Plan Letter for Hospital Births. This one is more detailed. You can attach an exemption from immunizations. In some states, there are religious exemptions from newborn screening tests such as PKU, etc...

Model letter for hospital births 2.doc (11426)

Model letter for hospital births for adoptions -- Dear Doctor and Medical Staff.doc (11427)
VaccineTruth.net/letters/Model letter for hospital births for adoptions.doc

Or you can do your own model birth plan letter online:
Hospital Birth Preference Plan ~ Birth Naturally, LLC
http://www.birthnaturally.org/GentleBirth/hospitalplan.htm
The birth plan arrangements and letter should be turned in before delievery date.

State Form Required: ODH Form 216-A Certificate of Exemption

Daycare & Preschools:

PDF downloadable version of ODH Form 216-A Certificate of Exemption
ODH Form 216-A Certificate of Exemption

Schools:

Vaccination Policy and Laws

You can pick up a copy of ODH Form 216-A Certificate of Exemption at your local Health Department or Board of Education. Or you can print it out here: http://www.unhinderedliving.com/exemptionform.html
"I obtained this copy of the exemption form from my local board of education. The original has a white top copy and a yellow second copy. One copy is for the school, and the other copy is to be sent to the state health department. When I obtained this from the local school board, they were out of originals and were just making xerox copies to hand out. I asked if I could have more copies to give to my vaccine awareness group, and they said to just make more xerox copies myself. There is no copyright on the form. Each person needs two copies to send in, and one copy to keep for themselves if they want. As far as I know, the Oklahoma Health Department does not have this form online anywhere."

Colleges & Universities:

OKLAHOMA LAW REGARDING COMPULSORY VACCINATIONS FOR POST SECONDARY SCHOOL STUDENTS

By law, all post secondary students who live on campus in any private or public institution of higher learning will be provided information about the dangers of meningococcal disease (meningitis) as well as information about the risks and benefits of the vaccination against this disease. Under the law, once you have received this information, and have decided not to be vaccinated against meningitis, if you are 18 years of age or older, you must sign a waiver provided by the school. If you are under age 18, your parent or guardian will be required to sign for you.

Vaccination Policy and Laws

State Statute Pertaining To The Meningitis Vaccination
http://www.oklahomahealthfreedom.org/MeningitisStatute.html

Exemptions

Oklahoma College Meningitis Exemption Form
http://www.oklahomahealthfreedom.org/OK_College_Menningites_Exemption_Form.pdf
Please note - each school is required to create its own exemption form. The one we have provided on this website represents the one which is the clearest and the closest to the statute of those we reviewed.

Students - All post secondary students whether part or full time regarding other vaccinations

All post secondary students whether part or full time, must provide evidence of having been vaccinated against hepatitis B, measles, mumps and rubella, OR, sign an exemption form stating that for medical, religious or philosophical reasons, they wish to decline.

Oklahoma State Statute Pertaining To Hepatits B, Measles, Mumps & Rubella
http://www.oklahomahealthfreedom.org/diseases.html

Exemption Form for Hepatits B, Measles Mumps & Rubella from this page:
http://www.oklahomahealthfreedom.org/exemptions.html
http://www.oklahomahealthfreedom.org/OK_College_Exemption_Form.pdf
Please note - each school is required to create their its own exemption form. The one we have provided on this website represents the one which is the clearest and the closest to the statute of those we reviewed.

Oklahoma College & University immunization waiver form (this form will work for all OK post secondary institutions). NSU IMMUNIZATION WAIVER FORM
Check off the section that looks like this...
_______I am exempt from the requirement and have a written statement from a licensed physician, which indicates that a vaccine is medically contraindicated, or
_______The administration of the vaccine conflicts with my moral or religious tenets.


http://www.nsuok.edu/studentaffairs/immunizationwaiver.pdf
Meningococcal Vaccine Waiver
http://www.nsuok.edu/studentaffairs/meningitiswaiver.pdf

The University of Tulsa - Alexander Student Health Center Immunization Certificate of Exemption
http://www.utulsa.edu/alexhealth/pdf/Immunization%20Exemption.pdf
Alexander Student Health Center
Meningococcal Vaccine Waiver

http://www.utulsa.edu/alexhealth/pdf/Immunization%20Waiver.pdf

Oklahoma State University OSU-Okmulgee Certificate of Exemption (check either medical or religious on pg. 1
http://www.osu-okmulgee.edu/campus_community/campus_health/immunization_form.pdf

University of Central Oklahoma
http://bronze.ucok.edu/student_health_center/Immunization%20Waiver.doc
University of Central Oklahoma (Meningitis Waiver)
http://bronze.ucok.edu/student_health_center/SB%20787%20Meningitis%20section.doc

Southwestern Oklahoma State University Certificate of Meningococcal Vaccine Waiver
http://www.swosu.edu/resources/forms/nurse/meningitis-waiver.pdf

Murray State College - Tishomingo, Oklahoma 73460
Certification of Compliance
Hepatitis B, Measles, Mumps and Rubella (MMR)

http://www.msc.cc.ok.us/demo/immun/Immunization_mmr.pdf
Check the part that says
______ The administration of the vaccine conflicts with my moral or religious tenets.
Meningococcal Vaccine Waiver

http://www.msc.cc.ok.us/demo/immun/Imm_waiver_menningoco.pdf

OSU OKMULGEE
CERTIFICATE OF EXEMPTION FORM (exemption page 1)

http://www.osu-okmulgee.edu/campus_community/campus_health/immunization_form.pdf

Oklahoma Department of Corrections
http://www.doc.state.ok.us/Offtech/140125c.pdf

TB Test:

The Oklahoma Department of Corrections - Annual TB testing required for inmates and employees.

TB Testing Exemption Letter:
Sample Exemption Letter for TB testing. May be modified to your use.
http://www.vaclib.org/letters/TBwaiverGen.htm
Sample Exemption Letter for TB testing. May be modified to your use.
http://www.vaclib.org/letters/TBwaiverGen.doc

TB Testing Exemption Letter for Adults.

Sample Exemption Letter for TB testing. May be modified for your use.
http://www.vaclib.org/letters/Exemption for TB testing.doc
Sample Exemption Letter for TB testing. May be modified for your use.
http://www.vaclib.org/letters/Exemption for TB testing.pdf

Lead Testing Exemption Letter:
Sample Exemption Letter for Lead testing. May be modified for your use. http://www.vaclib.org/letters/Lead_testing_waiverGen.htm
Sample Exemption Letter for Lead testing. May be modified for your use.
http://www.vaclib.org/letters/Lead_testing_waiverGen.doc
The above TB and Lead exemption letters courtesy of Deirdre DeVane of Wash DC.

OKLAHOMA LAW REGARDING COMPULSORY VACCINATIONS FOR POST SECONDARY SCHOOL STUDENTS

By law, all post secondary students who live on campus in any private or public institution of higher learning will be provided information about the dangers of meningococcal disease (meningitis) as well as information about the risks and benefits of the vaccination against this disease. Under the law, once you have received this information, and have decided not to be vaccinated against meningitis, if you are 18 years of age or older, you must sign a waiver provided by the school. If you are under age 18, your parent or guardian will be required to sign for you.

State Statute Pertaining To The Meningitis Vaccination
http://www.oklahomahealthfreedom.org/MeningitisStatute.html

Oklahoma State Statute Pertaining To Hepatits B, Measles, Mumps & Rubella
http://www.oklahomahealthfreedom.org/diseases.html