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TITLE 36. PUBLIC HEALTH AND SAFETY
CHAPTER 433. DISEASE AND CONDITION CONTROL; MASS GATHERINGS; INDOOR
AIR
ORS § 433.102 (2005)
433.102. Parental responsibility for immunization;
medical or religious exemptions.
(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).
ORS § 433.235 (2005)
433.235 Definitions for ORS 433.235 to 433.284.
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 657A.030 and 657A.250 to 657A.450, except as exempted by
rule of the Department of Human Services;
(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 department; 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 department.
(3) "Local health department" means
the district or county board of health, public health officer, public
health administrator or health department having jurisdiction within
the area.
(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 Board of Medical Examiners for the State of Oregon
or by the Board of Naturopathic Examiners 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) "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 Department of Human Services.
ORS § 433.267
(2005)
433.267. Immunization of school children;
rules; exceptions; effect of failure to comply.
(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 one of the following statements
unless the school or facility which the child attends already has
on file a record which indicates that the child has received immunizations
against the restrictable diseases prescribed by rules of the Department
of Human Services as provided in ORS 433.273:
(a) A statement 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;
(b) A statement signed by a physician or a representative
of the local health department that the child should be exempted
from receiving specified immunization because of indicated
medical diagnosis; or
(c) A statement signed by the parent that the child
has not been immunized as described in paragraph (a) of this subsection
because the child is being reared as an adherent to a religion the
teachings of which are opposed to such immunization.
(2
(a) A newly entering child or a transferring child
shall be required to submit the statement 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
statement required by subsection (1) of this section not later
than the exclusion date set by rule of the department.
(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 statements 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 reason of having submitted
a statement 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 department by rule,
records for children meeting the initial minimum 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)(a) or (b) 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 statement 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 department 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 statements required by this section shall
be on forms approved or provided by the department.
(12) In lieu of signed statements from practitioners
of the healing arts, the department may accept immunization record
updates using practitioner documented immunization records generated
by electronic means or on practitioner letterhead but unsigned,
if the department 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.
ORS § 433.282 (2005) 433.282
Required immunizations at certain post-secondary educational institutions;
rules.
(1) The Department of Human Services may require
each post-secondary educational institution, except a community
college or a career school, to require that each entering full-time
student has current immunizations, as required for children attending
school pursuant to rules adopted by the department under ORS 433.273,
prior to the student's second quarter or semester of enrollment
on an Oregon campus, using procedures developed by the institution.
(2) Notwithstanding subsection (1) of this section,
the department may require each post-secondary educational institution,
except a community college or a career school, to document, using
procedures developed by the institution, that each entering full-time
student has current immunizations, as required for children attending
school pursuant to rules adopted by the department under ORS 433.273,
prior to the student attending classes if the student will be attending
the institution pursuant to a nonimmigrant visa.
(3) The department by rule shall establish immunization
schedules and may further limit the students and programs to which
the requirement applies.
(4) The department may conduct validation surveys
to ensure compliance with this section.
ORS § 433.283 (2005)
433.283 Immunizations against measles for
certain students at community colleges; rules.
(1) The Department of Human Services may require
each community college to require that students involved in clinical
experiences in allied health programs, practicum experiences in
education and child care programs and membership on intercollegiate
sports teams have current immunizations for measles prior to each
student's participation. The requirement shall apply only to those
students born on or after January 1, 1957.
(2) The State Board of Education by rule shall
define clinical experiences in allied health programs, practicum
experiences in education and child care programs and membership
on intercollegiate sports teams at the community colleges. The Department
of Human Services by rule shall establish immunization schedules
and may further limit the students and programs to which the requirement
applies. Each community college shall develop procedures to implement
and maintain this requirement.
(3) The Department of Human Services may conduct
validation surveys to insure compliance with this section. Community
colleges shall be required to keep immunization records only while
the student is involved in the program.
ORS § 433.284 (2005)
433.284 Adoption of more stringent immunization
requirements.
Private schools, children's facilities
and post-secondary educational institutions may adopt additional
or more stringent requirements as long as medical and religious
exemptions are included and the requirements are in compliance with
the United States Public Health Service Advisory Committee on Immunization
Practices recommendations.
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