Oklahoma § 10-411 - Certificate of immunization as condition for admission to

§ 10-411. 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

Oklahoma Statutes - Title 10. Children

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required may be amended or repealed in the same manner as provided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.

Added by Laws 1979, c. 141, § 1, emerg. eff. May 3, 1979. Amended

by Laws 1992, c. 13, § 1, emerg. eff. March 24, 1992; Laws 1998, c.

177, § 1, eff. Nov. 1, 1998; Laws 1998, c. 412, § 1, eff. Nov. 1,

1998.

NOTE: Laws 1998, c. 95, § 1 repealed by Laws 1998, c. 412, § 8,

eff. Nov. 1, 1998.