The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 50
SCHOOL IMMUNIZATION RULES

333-050-0010
Definitions Used in the Immunization Rules
As used in OAR 333-050-0010 through
333-050-0140:
(1) "Certificate of Immunization
Status" means a form provided or approved by the Public Health Division on which
to enter the child's immunization record.
(2) "Complete" means a category
assigned to any child whose record indicates that the child is fully immunized or
has immunity documentation as specified by OAR 333-050-0050(2) or (6).
(3) "Contraindication" means
either a child or a household member's physical condition or disease that renders
a particular vaccine improper or undesirable in accordance with the current recommendations
of the Advisory Committee on Immunization Practices, Department of Health and Human
Services, Centers for Disease Control and Prevention, and the American Academy of
Pediatrics.
(4) "County Immunization
Status Report" means a report submitted by the local health department (or school
or facility if there is no local health department) to the Public Health Division
to report annually the number of children as specified, in the area served, and
the number susceptible to the vaccine preventable diseases covered by these rules.
(5) "Evidence of Immunization"
means an appropriately signed and dated statement indicating the month, day and
year each dose of each vaccine was received.
(6) "Exclude" or "Exclusion"
means not being allowed to attend a school or facility pursuant to an Exclusion
Order from the local health department based on non-compliance with the requirements
of ORS 433.267(1), and these rules.
(7) "Exclusion Order for
Incomplete Immunization or Insufficient Information" means a form provided or approved
by the Public Health Division for local health department and Public Health Division
use in excluding a child who, based on the child's record, is in non-compliance
with the vaccine requirements of OAR 333-050-0050(2) or who has insufficient information
on his or her record to determine whether the child is in compliance. Forms submitted
for approval must contain the substantive content of the Public Health Division
form.
(8) "Exclusion Order for
No Record" means a form provided or approved by the Public Health Division for local
health department, Public Health Division and school or facility use in excluding
a child with no record. Forms submitted for approval must contain the substantive
content of the Public Health Division form.
(9) "Exempted Children's
Facilities" are those that:
(a) Are primarily for supervised
training in a specific subject, including, but not limited to, dancing, drama, or
music;
(b) Are primarily an incident
of group athletic or social activities sponsored by or under the supervision of
an organized club or hobby group;
(c) Are operated at a facility
where children may only attend on a limited basis not exceeding four different days
per year; or
(d) Are operated on an occasional
basis by a person, sponsor, or organization not ordinarily engaged in providing
child care.
(10) "Exemption" means either
a documented medical or nonmedical exemption.
(11) "Health Care Practitioner"
means a practitioner of the healing arts who has within the scope of the practitioner's
license, the authority to order immunizations, to include: M.D., D.O., N.D., nurse
practitioners, and physician assistants, or a registered nurse working under the
direction of an M.D., D.O., N.D. or nurse practitioner.
(12) "Immunity Documentation"
means a written statement signed by a physician or an authorized representative
of the local health department that the child should be exempted from receiving
specified immunizations due to a disease history based on a health care practitioner's
diagnosis or the results of an immune titer.
(13) "Incomplete" means a
category assigned to any child whose record indicates, on or before the date the
Primary Review Summary form is due at the local health department, that the child:
(a) Is not fully immunized
as required in OAR 333-050-0050(2); and
(b) Does not have a completed
exemption or immunity documentation for a vaccine for which the child is not fully
immunized.
(14) "Insufficient" means
a category assigned to any child whose record does not have enough information to
make a proper determination about the child's immunization status, including unsigned
records, vaccine dates before day of birth, dates out of sequence, and missing doses
in the middle of a vaccine series. This category does not apply to signed but undated
records.
(15) "Local Health Department"
means the District or County Board of Health, Public Health Officer, Public Health
Administrator or local public health agency having jurisdiction within the area.
(16) "Main Office" means
a central administrative location at the school or children’s facility where
immunization rates are made available to parents.
(17) "Medical Exemption"
means a document signed by a physician or an authorized representative of the local
health department stating that the child should be exempted from receiving specified
immunizations based on a medical diagnosis resulting from a specific medical contraindication.
(18) "New Enterer" means
a child who meets one of the following criteria:
(a) Infants or preschoolers
attending an Oregon facility;
(b) Infants or preschoolers
attending a drop-in facility on five or more different days within one year;
(c) Children initially attending
a school at the entry level (prekindergarten, kindergarten or the first grade, whichever
is the entry level);
(d) Children from a home-school
setting initially attending a school or facility at any grade (preschool through
12th grade); or
(e) Children initially attending
a school or facility after entering the United States from a foreign country at
any grade (preschool through 12th grade).
(19) "Non-Compliance" means
failure to comply with any requirement of ORS 433.267(1) or these rules.
(20) "Nonmedical Exemption"
means a document, on a form prescribed by the Public Health Division, signed by
the parent stating that the parent is declining one or more immunizations on behalf
of the child, and including documentation of completion of the vaccine educational
module or a signature from a health care practitioner verifying discussion of risks
and benefits of immunization.
(21) "Post-Secondary Education
Institution" means:
(a) A state institution of
higher education under the jurisdiction of the State Board of Higher Education;
(b) A community college operated
under ORS chapter 341;
(c) A school or division
of Oregon Health and Science University; or
(d) An Oregon-based, generally
accredited, private institution of higher education, where:
(A) Oregon-based, generally
accredited includes any post-secondary institution described in OAR 583-030-0005(2)
or classified as exempt under ORS 348.604; and
(B) Private institution refers
to any non-public post-secondary education institution.
(22) "Primary Review Summary"
means a form provided or approved by the Public Health Division to schools and facilities
for enclosure with records forwarded to the local health department for secondary
review and follow up. Forms submitted for approval must contain the substantive
content of the Public Health Division form.
(23) "Primary Review Table"
means a document provided by the Public Health Division for the judgment of compliance
or non-compliance with the required immunizations.
(24) "Public Health Division"
means the Oregon Health Authority, Public Health Division.
(25) "Record" means a statement
relating to compliance with the requirements of ORS 433.267(1)(a) through (c) and
these rules.
(26) "Restrictable Disease"
means a communicable disease for which the local health department or administrator
has the authority to exclude a child as described in OAR 333-019-0010 through 333-019-0014.
(27) "School Year" means
an academic year as adopted by the school or school district (usually September
through June).
(28) "Susceptible" means
being at risk of contracting one of the diseases covered by these rules, by virtue
of being in one or more of the following categories:
(a) Not being complete on
the immunizations required by these rules;
(b) Possessing a medical
exemption from any of the vaccines required by these rules due to a specific medical
diagnosis based on a specific medical contraindication; or
(c) Possessing a nonmedical
exemption for any of the vaccines required by these rules.
(29) "These Rules" means
OAR 333-050-0010 through 333-050-0140.
(30) "Transferring Child"
means a child moving from:
(a) One facility to another
facility, only when records are requested in advance of attendance from a previous
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.
(31) "Up-to-Date" means not
complete, currently on schedule and not subject to exclusion, based on the immunization
schedule for spacing doses, as prescribed in OAR 333-050-0120.
(32) "Vaccine Educational
Module" means a resource approved by the Public Health Division to fulfill the requirement
of receiving information about the risks and benefits of immunization in order to
claim a nonmedical exemption.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 433.004
& 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83;
HD 22-1983, f. & ef. 11-1-83; HD 15-1986, f. & ef. 7-15-86; HD 8-1987, f.
& ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert.
ef. 8-14-92; HD 29-1994, f. & cert. ef. 12-2-94; HD 16-1997, f. & cert.
ef. 12-3-97; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0021;
OHD 26-2001, f. & cert. ef. 12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02;
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert.
ef. 2-3-05; PH 1-2006, f. & cert. ef. 1-27-06; PH 12-2007, f. & cert. ef.
9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10;
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14; PH 13-2015(Temp), f. & cert. ef. 8-24-15
thru 2-19-16
333-050-0020
Purpose and Intent
(1) The purpose of these rules is to
implement ORS 433.235 through 433.284, which require evidence of immunization, a
medical or nonmedical exemption, or immunity documentation for each child as a condition
of attendance in any school or facility, and which require exclusion from school
or facility attendance until such requirements are met.
(2) The intent of the school
and facility immunization statutes and these rules is to require that:
(a) A new enterer provide
a signed and dated Certificate of Immunization Status form documenting evidence
of immunization, documentation of medical or nonmedical exemption, or immunity documentation.
(b) A transferring child
provide evidence of immunization, immunity documentation or an exemption:
(A) Within 30 days of initial
attendance if records will be requested from a school in the United States;
(B) Prior to initial attendance,
as specified in OAR 333-050-0020(2)(a), if records will not be requested from a
school in the United States;
(C) Prior to initial attendance,
as specified in OAR 333-050-0020(2)(a), if the child is transferring from one facility
to another;
(c) A child currently attending
not be allowed to continue in attendance without complete or up-to-date evidence
of immunization, immunity documentation, or an exemption.
(3) All children’s
facilities are required to comply with these rules, including but not limited to
certified child care centers, certified family child care homes, child care centers
exempt from certification, Head Start programs, preschools and Early Intervention/Early
Childhood Special Education child care programs.
(4) The only exception is
for family child care homes, either registered or exempt from registration, providing
child care, six weeks of age to kindergarten entry, in a residential or nonresidential
setting. These programs are exempt from all requirements except an up-to-date Certificate
of Immunization Status form on each child in attendance.
(5) All schools are required
to comply with these rules, including but not limited to public schools, private
schools, charter schools, and alternative education programs. Any program that provides
educational instruction designed to lead to a high school diploma or transfer into
a regular high school program must also comply with these rules.
(6) Nothing prohibits a school,
children's facility, or post-secondary educational institution from adopting additional
or more stringent requirements than the statutes or rules as long as:
(a) Medical and nonmedical
exemptions and immunity documentation are included;
(b) The requirements are
in compliance with the recommendations of the Advisory Committee on Immunization
Practices, Department of Health and Human Services, Centers for Disease Control
and Prevention; and
(c) Public schools are required
to allow transferring students at least 30 days to provide an immunization record.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 433.004
& 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83;
HD 22-1983, f. & ef. 11-1-83; HD 8-1987, f. & ef. 7-15-87; HD 6-1991, f.
& cert. ef. 5-15-91; HD 9-1992, f. & cert. ef. 8-14-92; HD 29-1994, f. &
cert. ef. 12-2-94; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f. &
cert. ef. 7-12-01, Renumbered from 333-019-0025; OHD 26-2001, f. & cert. ef.
12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert.
ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006, f. &
cert. ef. 1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 1-2008(Temp), f. &
cert. ef. 1-8-08 thru 6-30-08; PH 6-2008, f. & cert. ef. 3-17-08; PH 16-2008(Temp),
f. & cert. ef. 10-27-08 thru 4-20-09; Administrative correction 5-20-09; PH
13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10; Administrative correction
7-27-10; PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef.
3-1-14
333-050-0030
Visitors, Part-Time Students, and Residents
(1) Any child visiting or attending a school or facility on five or more different days in a given school year or residing on the premises of a school or facility regardless of whether the child attends classes or receives child care, at any age or grade through grade 12, shall be subject to the requirements of either a new enterer or transferring child as appropriate. Such residents and visitors for the purposes of these rules are in attendance.
(2) Home-schooled, private, or special education students or students in other non-traditional educational settings are subject to these rules if they:
(a) Meet with an instructor in a school building for any amount of time on a regular or irregular basis, but at least five times per school year; or
(b) Participate in sports or other activities through a school-sponsored program at least five times per school year.
(3) Students in residential, correctional, or treatment programs that receive educational instruction are subject to these rules.
(4) For facilities providing drop-in child care, a child may attend on up to four different days without a Certificate of Immunization Status on file. Before allowing attendance on the fifth visit, a Certificate of Immunization Status must be provided showing at least one dose of each required vaccine or an appropriately signed exemption.
Stat. Auth.: 433.004 & 433.273

Stats. Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284

Hist.: HD 8-1987, f. & ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert. ef. 8-14-92; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0026; OHD 26-2001, f. & cert. ef. 12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10
333-050-0040
Statements (Records) Required
(1) The statement initially documenting
evidence of immunization, immunity or exemption under ORS 433.267(1)(a) through
(c) must be on a Certificate of Immunization Status form or a form approved by the
Public Health Division and include one or more of the following:
(a) Evidence of immunization
signed by the parent, health care practitioner or an authorized representative of
the local health department;
(b) A written statement of
medical exemption signed by a physician or authorized representative of the local
health department and approved by an authorized representative of the local health
department;
(c) A written statement of
immunity documentation approved by an authorized representative of the local health
department;
(d) A written statement of
nonmedical exemption signed by the parent, including documentation of completion
of a vaccine educational module approved by the Public Health Division or signature
of a health care practitioner verifying that the risks and benefits of immunizations
have been discussed with the parent; or
(e) A written statement of
disease history (immunity documentation) for varicella signed by a parent, physician
or authorized representative of the local health department.
(2) If age appropriate, required
for the child's grade level, and the child has not claimed an exemption or immunity
documentation, a minimum of one dose each of the following vaccines must be received
for new enterers prior to attendance: Polio, Measles, Mumps, Rubella, Hepatitis
B, Hepatitis A, Varicella, Haemophilus influenzae Type b vaccine and Diphtheria/Tetanus/Pertussis
containing vaccine. (See Primary Review Table); [Table not included. See ED. NOTE.]
(3) Evidence of immunization
shall include the month, day and year of each dose of each vaccine received and
must be appropriately signed and dated to indicate verification by the signer.
(a) If evidence of immunization
includes the month and year, but the day of the dose is not provided, the administrator
shall attempt to get the day of immunization from the parent, the ALERT Immunization
Information System or another source. If no day is obtainable, the administrator
may use the last day of the month to assess the immunization status for the child.
(b) Pre-signed Certificate
of Immunization Status forms without vaccine dates are not allowed.
(c) If a Certificate of Immunization
Status form is signed but not dated, the person who receives the form at the school
or facility may date the form with the date it was received.
(4) The school or facility
may choose to complete or update a Certificate of Immunization Status form, by transcribing
dates from, attaching and referencing on the form, one or more of the following
records listed in subsections (a) through (f) of this section.
(a) A health care practitioner
documented immunization record;
(b) An unsigned record on
health care practitioner or clinic letterhead;
(c) An unsigned record printout
from the statewide immunization information system, ALERT IIS. ALERT IIS records
may be placed in the student's file without transcription onto a Certificate of
Immunization Status as long as the printout represents a complete or up-to-date
immunization history. If the ALERT IIS record is an update to the Certificate of
Immunization Status, it may be attached to the original certificate without transcription;
(d) An unsigned record printout
from a computer system approved by the Public Health Division as specified in OAR
333-050-0060(5). Record printouts for Public Health Division-approved computer systems
may be placed in the student’s file without transcription onto a Certificate
of Immunization Status as long as the printout represents a complete or up-to-date
immunization history, and includes a history of chickenpox disease if present;
(e) A written statement signed
and dated by the parent; or
(f) A statement electronically
mailed by the parent.
(5) The Certificate of Immunization
Status form must be signed and dated by the person transcribing the information.
(6) When a transferring student
enters an Oregon school, the receiving school will attempt to obtain immunization
records from the previous school. If immunization records are not immediately available,
the receiving school may, according to school policy, allow the student to enroll
conditionally. If immunization records are not received, the school will include
the student on the Primary Review Summary report.
(7) If the student transfers
to a new school district, except when the move is due to the normal progression
of grade levels, such as to a junior high or senior high from a feeder school, the
receiving school shall ensure that the transferred records are on a signed Certificate
of Immunization Status form or another Public Health Division-approved form. The
original transferred records that are not on an approved form shall be attached
to a Certificate of Immunization Status form and the form shall be marked with a
reference to the attached records, signed, and dated by the person transcribing
the information on the form.
(8) The records relating
to the immunization status of children in schools shall be transferred to the receiving
schools pursuant to ORS 326.575(2) within 30 days.
(9) When a new enterer is
admitted in error to a school or facility without an immunization history, immunity
documentation or appropriately signed exemption, the school or facility may contact
the local health department to request that an Exclusion Order for No Record be
issued, or include the student on the Primary Review Summary report.
(10) When a child is determined
by the facility, school or school district to be homeless and does not have a completed
Certificate of Immunization Status on file with the school, the student will be
allowed to enroll conditionally.
(a) If immunization records
are not received the school will include the student on the Primary Review Summary
report or contact the local health department to request that an Exclusion Order
for No Record be issued with an exclusion date of not less than 30 days after initial
attendance.
(b) School staff shall make
every effort to help the family compile an immunization record for the student,
including requesting a record from a previous school, ALERT IIS or a previous medical
provider.
(11) Where a child attends
both a facility and a school, the school is responsible for reporting and for enforcing
these rules in accordance with the school and facility vaccine requirements. However,
because of the need for outbreak control when school is not in session, the facility
administrator will be responsible for requesting that the parent also provide an
up-to-date Certificate of Immunization Status to the facility. If the parent does
not comply, the facility administrator shall inform the parent that in the event
of a case of vaccine preventable disease the child may be excluded until it is determined
that the child is not susceptible or the local health authority has determined that
the risk of exposure within the school or facility has passed.
(12) Evidence of nonmedical
exemption must include documentation that the parent has completed a vaccine educational
module approved by the Public Health Division or signature from a health care practitioner
verifying that risks and benefits of immunization have been discussed with the parent.
Information provided must be consistent with information published by the Centers
for Disease Control and Prevention, including epidemiology, the prevention of disease
through use of vaccination, and the safety and efficacy of vaccines.
(a) The Public Health Division
will make available to parents a no-cost internet based vaccine educational module.
(A) Criteria for the vaccine
educational module must include:
(i) Information consistent
with information published by the Centers for Disease Control and Prevention;
(ii) Information about the
benefits and risks of each vaccine for which a parent is claiming a nonmedical exemption;
(iii) Information about the
epidemiology, prevention of disease through use of vaccination, and the safety and
efficacy of vaccines; and
(B) A person who wishes to
have a vaccine educational module approved by the Oregon Health Authority shall
submit the module to the medical director of the Public Health Division, Immunization
Program. For approval, the vaccine educational module must contain the substantive
content of the internet based vaccine educational module made available by the Public
Health Division. The medical director must review the module to determine if it
meets the criteria in these rules including the requirement that a vaccine educational
module present information that is consistent with information published by the
Centers for Disease Control and Prevention. Approval or disapproval shall be made
in writing. If the module is disapproved the medical director must explain the reasons
for disapproval.
(C) An official certification
receipt to provide documentation of completion of the vaccine educational module
must be in a form approved by the Public Health Division, Immunization Program.
(b) A health care practitioner
may discuss with the parent the risks and benefits of immunization and provide documentation
for the parent to claim a nonmedical exemption.
(A) The information provided
by the health care practitioner must contain the substantive content of Internet
based vaccine educational module made available by the Public Health Division. The
content may be adjusted to meet individual parents’ concerns.
(B) The health care practitioner
will provide documentation to parents on a form prescribed by the Public Health
Division that the practitioner has provided vaccine information to the parent.
(c) Parents claiming a nonmedical
exemption must provide documentation of completion of a vaccine educational module
or a signed document from a health care practitioner to the administrator.
(d) The administrator must
keep a copy of the documentation of nonmedical exemption with the child’s
Certificate of Immunization Status.
(13) The evidence of nonmedical
exemption from a health care practitioner or the viewing of the educational module
must:
(a) Have occurred within
12 months of the parent signing of the nonmedical exemption; and
(b) Specify the vaccines
about which information about the benefits and risks has been provided and for which
a nonmedical exemption may be claimed for the child.
(14) When a child reaches
the age of medical consent in Oregon, 15 years of age, the child may sign his or
her own Certificate of Immunization Status and complete the process for obtaining
a nonmedical exemption.
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83;
HD 15-1986, f. & ef. 7-15-86; HD 8-1987, f. & ef. 7-15-87; HD 6-1991, f.
& cert. ef. 5-15-91; HD 9-1992, f. & cert. ef. 8-14-92; HD 16-1997, f. &
cert. ef. 12-3-97; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0030;
OHD 26-2001, f. & cert. ef. 12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02;
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert.
ef. 2-3-05; PH 1-2006, f. & cert. ef. 1-27-06; PH 12-2007, f. & cert .ef.
9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10;
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14; PH 13-2015(Temp), f. & cert. ef. 8-24-15
thru 2-19-16
333-050-0050
Immunization Requirements
(1) For purposes of this section, immunization
against the following diseases means receipt of any vaccine licensed by the United
States Food and Drug Administration (or the foreign equivalent) for the prevention
of that disease.
(2) For purposes of ORS 433.267(1),
immunizations are required as follows (see Primary Review Table to determine the
number of required doses for a child’s age or grade):
(a) Diphtheria/Tetanus/Pertussis
containing vaccine (DTaP) — Five doses must be received unless:
(A) The fourth dose was given
at, within four days prior to or after the fourth birthday, in which case the child
is complete with four doses; or
(B) The third dose of Diphtheria/Tetanus
containing vaccine was received at, within four days prior to or after the seventh
birthday, in which case the child is complete with three doses.
(b) Polio — Four doses
must be received unless:
(A) The third dose was given
at, within four days prior to or after the fourth birthday, in which case the child
is complete with three doses of polio vaccine; or
(B) The student is 18 years
of age or older. Polio vaccination at or after the 18th birthday is not required.
(c) Measles — Two doses
must be received at or after 12 months of age. Vaccine doses given four days or
fewer before 12 months of age are acceptable. The second dose must be received at
least 24 days after first dose.
(d) Rubella — One dose
must be received at or after 12 months of age. Vaccine doses given four days or
fewer before 12 months of age are acceptable.
(e) Mumps — One dose
must be received at or after 12 months of age. Vaccine doses given four days or
fewer before 12 months of age are acceptable.
(f) Haemophilus influenzae
Type b (Hib) — Up to four doses depending on the child's current age and when
previous doses were administered.
(g) Hepatitis B — Up
to three doses must be received. If the first dose was received at or after 11 years
of age and the second dose is received at least four months after dose one, the
child is complete with two doses. Vaccine doses given four days or fewer before
the 11th birthday are acceptable.
(h) Varicella — Up
to two doses must be received, depending on the child's age when the first dose
was administered. The first dose must be received at or after 12 months of age.
Vaccine doses given four days or fewer before 12 months of age are acceptable. Second
dose, if required, must be received at least 24 days after first dose.
(i) Hepatitis A — Two
doses must be received at or after 12 months of age. Vaccine doses given four days
or fewer before 12 months of age are acceptable. Beginning school year 2008–2009,
the requirement for Hepatitis A vaccine will be phased in by grade. (See Primary
Review Table.) [Table not included. See ED. NOTE.]
(j) Tetanus/Diphtheria/Pertussis
booster (Tdap) — One dose must be received at or after seven years of age,
unless the last Diphtheria/Tetanus containing vaccine was given less than five years
ago.
(3) Interrupted series: If
there is a lapse of time between doses longer than that recommended by the standard
described in OAR 333-050-0120, the schedule should not be restarted. Immunization
may resume with the next dose in the series.
(4) A child shall not be
excluded from school for failing to receive a required vaccine if the State Health
Officer has determined that there is a vaccine shortage and that is the reason the
child has not received the vaccine. Any vaccine that has been waived due to a vaccine
shortage will be required at the next review cycle, once the shortage has been lifted.
The Public Health Division shall notify local health departments, schools and facilities
of any shortages that affect their procedures under these rules.
(5) The local public health
officer, after consultation with the Public Health Division, may allow a child to
attend a school or facility without meeting the minimum immunization requirements
in case of temporary local vaccine shortage.
(a) The local health department
shall provide a letter signed by the local health officer to the parent of the affected
student detailing which vaccines the student is being exempted from. The letter
must state that the student will receive an Exclusion Order if the student's record
is not updated with the missing doses prior to the next exclusion cycle.
(b) A copy of the letter
must be attached to the student's Certificate of Immunization Status on file at
the school or facility.
(c) A photocopied form letter
signed by the local health officer may be used by the local health department when
the shortage is expected to affect more than one child.
(d) If the vaccine is still
unavailable at the next exclusion cycle, the local health department, with the agreement
of the Public Health Division, will not issue Exclusion Orders for the unavailable
vaccine.
(6) The following immunity
documentation satisfies the immunization requirements for the specified vaccines:
(a) Immunity documentation
for Measles, Mumps or Rubella vaccination due to a disease history may be certified
by a physician or an authorized representative of the local health department for
a child who has immunity based on a health care practitioner's diagnosis;
(b) Immunity documentation
for Measles, Mumps or Rubella vaccination due to a documented immune titer may be
certified by a physician or an authorized representative of the local health department;
(c) Immunity documentation
for Hib vaccination may be certified by a physician or authorized representative
of the local health department for a child who experienced invasive Haemophilus
influenzae Type b disease at 24 months of age or older;
(d) Immunity documentation
for Varicella vaccine may be signed by the parent for history of varicella. The
date of the disease is not required. This immunity documentation will be automatically
authorized by the local health department.
(e) Immunity documentation
for Varicella based on laboratory confirmation of immunity may be certified by a
physician or authorized representative of the local health department;
(f) Immunity documentation
for Hepatitis B vaccination based on laboratory confirmation of immunity or confirmation
of carrier status may be certified by a physician or authorized representative of
the local health department; and
(g) Immunity documentation
for Hepatitis A vaccination based on laboratory confirmation of immunity may be
certified by a physician or authorized representative of the local health department.
(7) Children possessing the
following medical exemptions are susceptible to the diseases for which they are
exempt from vaccination:
(a) Exemption for Measles,
Mumps, Rubella or Varicella vaccination may be certified by a physician or an authorized
representative of the local health department for a post-pubertal female when she
is currently pregnant or there is a significant risk of her becoming pregnant within
one month; and
(b) Exemption for one or
more immunizations shall be established by a diagnosis based on a specific medical
contraindication certified in a letter from the physician or an authorized representative
of the local health department. The vaccines, medical diagnosis, practitioner's
name, address and phone number must be documented and attached to the record.
(8) Exemptions and immunity
documentation submitted to the school or facility must be in English.
(9) A child may attend a
school or facility under ORS 433.267(1) if the child is up-to-date and remains up-to-date
and in compliance with immunization schedules for spacing between doses presented
in OAR 333-050-0120.
(10) If evidence is presented
to the local health department that an Exclusion Order was issued in error because
a vaccine was given within the four-day grace period recommended by the Advisory
Committee on Immunization Practices as published in the General Recommendations
on Immunization, the local health department shall rescind the Exclusion Order.
The local health department shall notify the child's school or facility when an
Exclusion Order is rescinded.
(11) In situations where
a child's vaccine history presents an unusual problem not covered by these rules,
the local health department may use its judgment to make a final determination of
the child's immunization status.
(12) A nonmedical exemption
from immunization requirement is allowed for one or more of the vaccines. Parents
claiming a nonmedical exemption must select which vaccines a child is being exempted
from by checking the appropriate boxes on the Certificate of Immunization Status
and submit the Certificate of Immunization status and the documentation specified
in OAR 333-050-0040(12)(a)(C) or 333-050-0040(12)(b)(B) to the school or facility.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 433.004
& 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83;
HD 8-1987, f. & ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 10-1991,
f. & cert. ef. 7-23-91; HD 9-1992, f. & cert. ef. 8-14-92; HD 16-1997, f.
& cert. ef. 12-3-97; OHD 12-2000, f. & cert. ef. 12-26-00; OHD 14-2001,
f. & cert. ef. 7-12-01, Renumbered from 333-019-0035; OHD 26-2001, f. &
cert. ef. 12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f.
& cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006,
f. & cert. ef. 1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 1-2008(Temp),
f. & cert. ef. 1-8-08 thru 6-30-08; PH 6-2008, f. & cert. ef. 3-17-08; PH
16-2008(Temp), f. & cert. ef. 10-27-08 thru 4-20-09; Administrative correction
5-20-09; PH 13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10; Administrative
correction 7-27-10; PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14,
cert. ef. 3-1-14; PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
333-050-0060
Primary Review of Records
(1) At least annually the administrator
will conduct a primary review of each child's record to determine the appropriate
category of each child. This review shall be completed no later than 35 calendar
days prior to the third Wednesday in February unless otherwise approved in writing
first by the local health department and then by the Public Health Division.
(2) The administrator shall
categorize all children as follows:
(a) "Complete or Up-to-Date";
(b) "Nonmedical Exemption":
This category applies to any child whose incomplete immunizations are covered by
a nonmedical exemption;
(c) “Permanent Medical
Exemption”: This category applies to any child who is susceptible as evidenced
by a medical exemption statement on file as specified by OAR 333-050-0050(6), whose
medical exemption statement has been reviewed by the local health department and
has been determined to be based on a contraindication that is permanent;
(d) “Temporary Medical
Exemption”: This category applies to any child who is susceptible as evidenced
by a medical exemption statement on file as specified by OAR 333-050-0050(7), whose
medical exemption statement has not been reviewed by the local health department,
or whose medical exemption is not permanent;
(e) "Incomplete/Insufficient";
(f) "No Record": This category
applies to any child with no record on file at the school or facility. This category
also applies to any child with a nonmedical exemption signed on or after August
1, 2008 with no vaccines selected for nonmedical exemption and with no vaccine dates;
(g) "Children not to be counted":
School age children also attending a facility should be counted by the school. Children
enrolled in a school but physically attending another school should be counted by
the school they physically attend. Children attending a preschool or Head Start
program and another facility should be counted by the preschool or Head Start program.
Children physically attending more than one child care facility or school should
be counted by the facility or school where they attend the most hours.
(3) Thirty-five calendar
days prior to the third Wednesday in February, unless otherwise approved in writing
first by the local health department and then by the Public Health Division, the
administrator shall provide to the local health department for secondary review:
(a) Organized alphabetically
within category, copies of records or a computer printout of the records for all
children with incomplete immunizations or insufficient information;
(b) Copies of records of
children with a medical exemption, except those records that have been certified
by the local health department as having a permanent medical exemption or immunity
documentation and are otherwise complete with no further review required.
(c) A completed Primary Review
Summary form that includes an alphabetical list for each category and includes children
with no record. The form must include each child's name, current grade level, parent
names and current mailing address. A computer-generated list from a system currently
approved by the Public Health Division may be submitted in lieu of the Primary Review
Summary form.
(4) The administrator shall
review the completed Primary Review Summary form for mathematical accuracy and correct
any errors before forwarding the completed Primary Review Summary form to the local
health department.
(5) All copies of records
provided to the local health department for secondary review must contain at least
the following: The child's name, date of birth, and evidence of immunization or
exemption. A copy of the records or a computer printout of the records must be used
in place of the original record.
(a) Computer printouts and
the results from computer-generated immunization assessments (computer outputs)
must have the prior approval of the Public Health Division. To receive approval
to be used for the primary review report in January, computer printouts and computer
outputs must be received by the Public Health Division no later than the last working
day of November in the year prior to the year in which the primary review reports
are due.
(b) The Public Health Division
will review computer printouts and computer outputs for essential data elements,
the sequence of data elements, and specific test results as calculated by the computerized
system.
(c) Provisional approval
will be given to a computer tracking system after correct assessment has been confirmed
for test data and essential data elements in required reports. Computer tracking
systems with provisional approval will be reviewed after use during the annual review
and exclusion cycle. Final approval will be given after any programming errors identified
during the cycle have been corrected by the tracking system and additional reports
have been approved by the Public Health Division.
(d) The Public Health Division
also reserves the right to withdraw computer system approval.
(e) When ORS 433.235 through
433.284 or these rules are amended, computer systems must be updated within 120
calendar days. The Public Health Division will then allow 60 calendar days for review,
needed changes and final approval. Computer outputs that are not in compliance will
not be authorized for use during the annual review and exclusion cycle.
(6) Additional review cycles
for incomplete or insufficient records with specific time-frames are allowable if:
(a) Mutually agreed upon
by the affected local health department and school or facility.
(b) Additional exclusion
cycles may be required at the direction of the local health department or the Public
Health Division. Exclusion dates shall be no less than 14 calendar days from the
date that the Exclusion Orders are mailed.
(7) It is the responsibility
of the administrator to see that primary review of immunization records is accomplished
according to these rules. All or part of the actual review may be delegated by mutual
agreement of parties affected to a third party subject to this requirement.
Stat. Auth.: ORS 433.004 & 433.273

Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. & ef. 10-21-81;
HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83; HD 8-1987, f.
& ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert.
ef. 8-14-92; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f. & cert.
ef. 7-12-01, Renumbered from 333-019-0040; OHD 26-2001, f. & cert. ef. 12-4-01;
OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04
thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006, f. & cert. ef.
1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08;
PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
333-050-0070
Secondary Review of Records
(1) The local health department shall
conduct a secondary review of those records received from the administrator. The
review shall begin 35 calendar days prior to the third Wednesday in February, unless
otherwise approved by the Public Health Division.
(2) In conducting secondary
review of the records, the local health department shall review the Primary Review
Summary for mathematical accuracy. Any errors should be corrected by contacting
the affected school or facility. The local health department shall review each child's
record that was received for appropriate medical or nonmedical exemptions and then
use the Primary Review Table to determine each child's current immunization status
for each of the required vaccines.
(3) The local health department
shall indicate on the Primary Review Summary form those children whose records are
judged to be:
(a) Complete/Up-to-date;
or
(b) Medically exempt, and
whether temporary or permanent.
(4) The local health department
shall indicate on the Primary Review Summary form the specific vaccines that the
exclusion order will need to be issued for children whose records are judged to
be:
(a) Incomplete/Insufficient;
or
(b) No record.
(5) In the event that any
of the above records are original documents, the local health department shall return
such records to the administrator.
(6) The local health department
shall submit an updated copy of the Primary Review Summary form to the administrator.
(7) The local health department
shall initiate exclusion procedures for those children whose records are judged
to have insufficient information or incomplete immunizations, or who have no record,
in accordance with OAR 333-050-0080.
(8) Additional secondary
review cycles with specific time frames are allowable for incomplete or insufficient
records as mutually agreed upon in writing by the affected local health department
and school or facility. Exclusion dates shall be no less than 14 calendar days from
the date that the Exclusion Orders were mailed.
(9) It is the responsibility
of the local health department to see that secondary review of immunization records
is accomplished according to these rules. All or part of the actual review may be
delegated by mutual agreement of parties affected to a third party subject to this
requirement.
[ED. NOTE: Tables referenced are available
from the agency]
Stat. Auth.: ORS 433.004
& 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 23-1981, f. & ef. 11-17-81; HD 17-1982, f. & ef. 8-13-82;
HD 12-1983, f. & ef. 8-1-83; HD 22-1983, f. & ef. 11-1-83; HD 8-1987, f.
& ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert.
ef. 8-14-92; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f. & cert.
ef. 7-12-01, Renumbered from 333-019-0045; OHD 26-2001, f. & cert. ef. 12-4-01;
PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH
24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
333-050-0080
Exclusion
(1) The date of exclusion shall be the
third Wednesday in February.
(a) If additional exclusion
cycles are conducted, the exclusion dates shall be set at no less than 14 calendar
days from the date that the Exclusion Orders are mailed.
(b) Exclusion occurs when
records have not been received or updated by the starting time of the school or
facility on the specified exclusion day.
(2) The local health department
shall use an Exclusion Order for Incomplete Immunization or Insufficient Information
or an Exclusion Order for No Record depending upon the reason the child is found
to be in non-compliance with ORS 433.267(1) and these rules:
(a) At least 14 days before
the exclusion day, the local health department shall mail by first class mail an
appropriately completed and signed order of exclusion to the parent of each child
determined to be out of compliance with these rules.
(b) If a student is listed
by the school as the "person responsible," the Exclusion Order will be sent to the
student.
(c) In the event that the
local health department has knowledge that the address of the parent provided on
the Primary Review Summary form is incorrect, the local health department shall
use all reasonable means to notify the parent, including inquiries to the school
or facility administrator, to establish the appropriate mailing address and sending
home from the school a copy of the Exclusion Order with the child.
(d) For all orders issued,
one copy of the Exclusion Order shall be sent to the administrator and the local
health department shall retain one copy. The local health department shall also
retain copies of the records of children to be excluded until notification from
the school or facility that such children are in compliance, or for one year.
(3) On the specified date
of exclusion, the administrator shall exclude from school or facility attendance
all children so ordered by the local health department until the requirements specified
by the local health department are verified by the administrator in accordance with
section (9) of this rule.
(4) The local health department
shall maintain copies of immunization records of children excluded and shall maintain
contact with administrators regarding the status of such children.
(5) If children whose records
are not updated on the specified exclusion day arrive at their school or facility,
the administrator shall make every effort to contact their parent by phone. The
administrator shall place excluded children in a space away from the other children
until their parent arrives to pick them up or until they are returned home by regular
school district transportation.
(6) If the excluded children
do not meet the requirements specified by the local health department in accordance
with section (9) of this rule and do not return to school within four school days,
it is the responsibility of the public school administrator, as proper authority,
to notify the attendance supervisor of the unexcused absence. The attendance supervisor
is required to proceed as required in ORS 339.080 and 339.090.
(7) Children who have been
issued an Exclusion Order are not entitled to begin or continue in attendance in
any school or facility in Oregon while the Exclusion Order is still in effect. Administrators
who receive or are otherwise made aware of the records of a child from another school
or facility containing an Exclusion Order that has not been cancelled shall notify
the parent and immediately exclude the child until the requirements specified on
the Exclusion Order are met and verified by the administrator.
(8) Students in treatment
facilities or court-mandated residential correctional facilities, including but
not limited to Oregon Youth Authority closed custody sites, are not subject to exclusion.
The administrator of such treatment or residential correctional facilities must
comply with all other provisions of these rules, including submission of the required
reports as specified by these rules. The administrator must ensure that students
have complete or up-to-date immunization records, a medical or nonmedical exemption
or immunity documentation for all vaccines required for the student’s grade.
(9) Compliance:
(a) For children excluded
for insufficient information or incomplete immunizations, compliance will be achieved
by submitting to the administrator one of the statements allowed in OAR 333-050-0040(1);
(b) For children excluded
for no record, compliance will be achieved by submitting to the administrator evidence
of immunizations that includes at least one dose of each vaccine required for that
grade or age, a medical or nonmedical exemption or immunity documentation.
(c) When the administrator
verifies that the required information has been provided or that an appropriate
immunity documentation or medical or nonmedical exemption has been provided, the
child shall be in compliance with ORS 433.267(1) and these rules and qualified for
school or facility attendance.
(10) Twelve calendar days
after the mandatory exclusion date, the administrator shall ensure that:
(a) The Primary Review Summary
form returned from the local health department is updated by appropriately marking
the current status of each child as specified (including children listed as having
no record);
(b) The mathematics on the
Primary Review Summary form are accurate including the number of children in the
full school or children’s facility, kindergarten and seventh grade with:
(A) The specified number
of doses of each vaccine;
(B) Nonmedical exemptions
for each vaccine;
(C) Nonmedical exemptions
from each source, whether documentation from a health care practitioner or vaccine
educational module;
(D) Nonmedical exemptions;
(E) Medical exemptions;
(F) Incomplete immunizations;
and
(G) No record.
(c) A copy of the revised
Primary Review Summary form is submitted to the local health department on that
day. The administrator shall maintain a file copy of the updated Primary Review
Summary form.
(11) The local health department
shall review the updated Primary Review Summary form for mathematical accuracy.
Any errors should be corrected by contacting the affected school or facility.
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 23-1981, f. & ef. 11-17-81; HD 17-1982, f. & ef. 8-13-82;
HD 12-1983, f. & ef. 8-1-83; HD 22-1983, f. & ef. 11-1-83; HD 8-1987, f.
& ef. 7-15-87; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert.
ef. 8-14-92; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f. & cert.
ef. 7-12-01, Renumbered from 333-019-0050; OHD 26-2001, f. & cert. ef. 12-4-01;
OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04
thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006, f. & cert. ef.
1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08;
PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef. 3-1-14;
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
333-050-0090
Review of Exclusion Orders
(1) If a parent believes an Exclusion Order is in error, the parent shall contact the local health department and request that the local health department review and re-check the information to determine the accuracy of the Exclusion Order.
(2) A local health department shall review and re-check a child's immunization records upon receipt of a request by a parent.
(3) If the Exclusion Order is found by the local health department to be in error, or if compliance is achieved pursuant to OAR 333-050-0080(9), the Exclusion Order shall be rescinded.
Stat. Auth.: ORS 433.004 & 433.273

Stats. Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284

Hist.: HD 2-1982, f. & ef. 2-4-82; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83; HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert. ef. 8-14-92; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0051; OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006, f. & cert. ef. 1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10
333-050-0095
School/Facility Compliance
(1) In the event that a school or facility
fails to comply with these rules, the local health department shall make a verbal,
documented contact with the non-compliant school or facility that covers:
(a) The specific requirements
of the state's immunization law and rules; and
(b) Establishes a four-working-day
time frame for the school or facility administrator to comply.
(2) If the school or facility
still fails to comply, the local health department shall notify the Public Health
Division of the name and address of the school or facility.
(3) The local health department
shall send to the Public Health Division, via mail, electronic mail or facsimile,
documentation of contacts made with the non-compliant school or facility.
(4) Within five working days
of notification by the local health department, the Public Health Division shall
send a certified letter to the non-compliant school or facility that:
(a) Notifies the school or
facility that it is out of compliance and how it is out of compliance with the immunization
law and rules;
(b) Establishes seven calendar
days to comply before the matter is referred to the Attorney General's office; and
(c) Notifies the school or
facility that a civil penalty may be imposed if the school or facility does not
comply within seven calendar days.
(5) The Public Health Division
shall send copies of the letter to the Child Care Division of the Employment Department,
the Department of Education and/or the school district superintendent as appropriate.
(6) The Public Health Division
shall notify the local health department of the new due date for compliance.
(7) If the school or facility
does not comply by the new due date, the local health department shall notify the
Public Health Division.
(8) The Public Health Division
may impose a civil penalty on a school or facility that does not comply with the
immunization law or rules after a notification of non-compliance. Civil penalties
will be imposed as follows:
(a) One day late in complying:
$100;
(b) Two days late in complying:
$200;
(c) Three days late in complying:
$300;
(d) Four days late in complying:
$400;
(e) Five days or more late
in complying: $500 per day until there is compliance.
(9) A notice of imposition
of civil penalties shall comply with ORS 183.745.
(10) The Public Health Division
shall forward all documentation of contacts to the Attorney General's office for
action if the school or facility does not comply by the new date.
Stat. Auth.: ORS 431.262, 433.004, 433.273
Stats. Implemented: ORS 431.262,
433.001, 433.004, 433.006 & 433.235 - 433.284
Hist.: OHD 26-2001, f. &
cert. ef. 12-4-01; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert.
ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10; PH 13-2015(Temp), f. &
cert. ef. 8-24-15 thru 2-19-16
333-050-0100
Follow Up
(1) In the event that the local health
department receives records that are original documents from a school or facility,
the local health department shall return such records to the administrator.
(2) The administrator shall
be responsible for updating records each time the parents, health care practitioner,
or an authorized representative of the local health department provides evidence
of immunization or exemption for each child.
(3) Information on disease
restrictions for schools and facilities can be found in OAR 333-019-0010 and 333-019-0014.
When there is a case of restrictable disease, the parent of a susceptible child
must be notified verbally or in writing by the local health department, school or
children’s facility administrator or designee when the child is to be excluded
and for how long the exclusion will occur.
(4) The administrator shall
maintain a system to track and report susceptible persons. The local health department
may request that the list of persons susceptible to a disease be sorted by classroom,
grade, or school. The administrator will provide the list within one calendar day
of the local health department's request in order to facilitate appropriate disease
control measures.
(5) The local health department
or the Public Health Division may conduct school or facility record validation surveys
to ensure compliance with ORS 433.235 through 433.280 and these rules.
(6) The local health department
may issue Exclusion Orders as needed for compliance with these rules during the
validation survey process.
(7) The Public Health Division
may issue Exclusion Orders when the Public Health Division is the recognized Public
Health Authority in the county.
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 12-1983, f. & ef. 8-1-83;
HD 6-1991, f. & cert. ef. 5-15-91; HD 9-1992, f. & cert. ef. 8-14-92; OHD
14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0055; OHD 26-2001,
f. & cert. ef. 12-4-01; OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp),
f. & cert. ef. 11-10-04 thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH
1-2006, f. & cert. ef. 1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008,
f. & cert. ef. 3-17-08; PH 3-2014, f. 1-30-14, cert. ef. 3-1-14; PH 13-2015(Temp),
f. & cert. ef. 8-24-15 thru 2-19-16
333-050-0110
Annual Reporting Requirements
(1) The local health department shall
submit a County Immunization Status Report to the Public Health Division annually
no later than 23 calendar days after the third Wednesday in February.
(2) On or before the last
day of April, the Public Health Division shall publicize a summary of the immunization
status of children in schools, children’s facilities, kindergarten and seventh
grade attending schools and facilities for each local public health jurisdiction.
(3) On or before May 15,
the local health department shall make available to each school and children’s
facility in the area served by the local health department immunization rates, by
disease, of children in the local area:
(a) Compiled from school
reports for kindergarten through 12th grade combined; and
(b) Calculated from ALERT
IIS for children 19 months up to kindergarten age.
(4) The local health department
may request assistance from the Oregon Health Authority in calculating the rates
described in section (3) of this rule.
(5) The administrator of
the school or children’s facility must make available a summary of the immunization
status, for the school or children’s facility and local area, by 30 days after
the first day of school and by 30 days after the third Wednesday in February.
(a) The summary of immunization
status for the school or children’s facility and local area must include:
(A) The percentage of children
complete for immunizations by vaccine;
(B) The percentage of children
with nonmedical exemptions by vaccine;
(C) The percentage of children
with no record;
(D) The percentage of children
incomplete for one or more vaccine;
(E) The percentage of children
with medical exemptions for one or more vaccine;
(F) The number of enrolled
children for whom documentation of immunization status is required at the school
or children’s facility;
(G) The number of enrolled
children for whom documentation of immunization status is not required at the school
or children’s facility;
(H) The number of enrolled
children 18 months of age and younger who are not required to have completed the
full series of vaccines required before kindergarten because of their age.
(b) Rates must be made available:
(A) In the main office
(B) On the school or children’s
facility website, if available. Rates may be posted on a social media website,
such as Facebook, if this is the primary website for the school or children’s
facility. Public school rates must also be made available on the district website.
(C) To parents, in electronic
or paper format, in a clear and easy to understand manner.
(c) Children’s facilities
shall make rates available based on the school calendar in the local area.
(d) Rates may include immunization
data collected in the previous school year.
(6) Schools and children’s
facilities for which immunization records are required for fewer than 10 enrolled
children are exempt from the requirements of OAR 333-050-0110(5). These sites must
still comply with the reporting requirements specified in OAR 333-050-0060 and 333-050-0080.
Stat. Auth.: ORS 433.004 & 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 23-1981, f. & ef. 11-17-81; HD 17-1982, f. & ef. 8-13-82;
HD 12-1983, f. & ef. 8-1-83; HD 8-1987, f. & ef. 7-15-87; HD 6-1991, f.
& cert. ef. 5-15-91; HD 16-1997, f. & cert. ef. 12-3-97; OHD 14-2001, f.
& cert. ef. 7-12-01, Renumbered from 333-019-0060; OHD 26-2001, f. & cert.
ef. 12-4-01; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef.
3-17-08; PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef.
3-1-14; PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
333-050-0120
Immunizations Schedules for Spacing
of Doses
See Primary Review Table for the judgment
of compliance or non-compliance with the required immunizations.
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 433.004
& 433.273
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 21-1981, f. &
ef. 10-21-81; HD 17-1982, f. & ef. 8-13-82; HD 22-1983, f. & ef. 11-1-83;
HD 15-1986, f. & ef. 7-15-86; HD 4-1990(Temp), f. & cert. ef. 1-11-90; HD
10-1991, f. & cert. ef. 7-23-91; HD 12-1991(Temp), f. 8-26-91, cert. ef. 9-3-91;
HD 16-1997, f. & cert. ef. 12-3-97; OHD 8-1998, f. & cert. ef 9-10-98; OHD
12-2000, f. & cert. ef. 12-26-00; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered
from 333-019-0070; PH 12-2007, f. & cert .ef. 9-27-07; PH 1-2008(Temp). f. &
cert. ef. 1-8-08 thru 6-30-08; PH 6-2008, f. & cert. ef. 3-17-08; PH 16-2008(Temp),
f. & cert. ef. 10-27-08 thru 4-20-09; Administrative correction 5-20-09; PH
13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10; Administrative correction
7-27-10; PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef.
3-1-14
333-050-0130
Second Dose Measles in Post Secondary
Educational Institution
(1) Each post-secondary education institution,
except a community college and a private, proprietary vocational school, shall require
that each entering full-time student born on or after January 1, 1957, has two doses
of measles vaccine prior to the student's second quarter or semester of enrollment
on an Oregon campus, using procedures developed by the institution.
(2) For students subject
to section (1) of this rule who are attending the institution pursuant to a non-immigrant
visa, documentation of measles vaccination must be provided prior to the student
attending classes. If the student's first dose of measles vaccine was received less
than 30 days prior to attendance, the student has until the beginning of the second
term or semester to provide documentation of the second dose.
(3) The following records
may be accepted as adequate proof of two doses of measles vaccine:
(a) Written documentation
by student, health care practitioner, or an authorized representative of the local
health department of the month, day and year of each dose, within four days prior
to, on or after the first birthday, with a minimum of 24 days between the first
and second dose;
(b) For students born prior
to 1984, no available date for the first dose but written documentation by student,
health care practitioner, or an authorized representative of the local health department
of the month, day and year of the second dose in or after December, 1989;
(c) An unsigned record printout
from the statewide immunization information system, ALERT IIS; or
(d) An unsigned record printout
from a computer system approved by the Public Health Division as specified in OAR
333-050-0060(5).
(4) Each post-secondary education
institution under the jurisdiction of the law shall include a medical and nonmedical
exemption and immunity documentation. Signing for a nonmedical exemption requires
documentation of a signature of a health care practitioner that the practitioner
has reviewed with the student the risks and benefits of immunization or a certificate
verifying that the student has completed a vaccine educational module approved by
the Public Health Division.
(5) Each post-secondary educational
institution under the jurisdiction of the law shall develop procedures to implement
and maintain this requirement.
(6) The Public Health Division
may conduct validation surveys to ensure compliance.
(7) A student shall not be
excluded from a post-secondary institution for failing to receive a required vaccine
if the State Health Officer has determined that there is a vaccine shortage and
that is the reason the student has not received the vaccine. Any vaccine that has
been waived due to a vaccine shortage will be required at the next term or semester,
once the shortage has been lifted.
(8) The local public health
officer, after consultation with the Public Health Division, may allow a student
to attend an educational institution without meeting the minimum immunization requirements
in case of temporary local vaccine shortage.
(a) The local health department
shall provide a letter signed by the local health officer to the affected student
stating that the vaccine requirement is being postponed. The letter must give guidance
to the post-secondary institution about when vaccine is expected to be available.
(b) A photocopied form letter
signed by the local health officer may be used by the local health department when
the shortage is expected to affect more than one student.
Stat. Auth.: ORS 433.004, 433.273 &
433.282
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 9-1992, f. &
cert. ef. 8-14-92; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0080;
OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04
thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 1-2006, f. & cert. ef.
1-27-06; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08;
PH 24-2010, f. & cert. ef. 9-30-10; PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
333-050-0140
Second Dose Measles in Community
Colleges
(1) Each community college shall 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 two doses of measles vaccine prior to each student's participation.
The requirement shall apply only to those students born on or after January 1, 1957,
using procedures developed by the institutions.
(2) The following records
may be accepted as adequate proof of two doses of measles vaccine:
(a) Written documentation
by student, health care practitioner, or an authorized representative of the local
health department of the month, day and year of each dose, within four days prior
to, on or after the first birthday, with a minimum of 24 days between first dose
and second dose;
(b) For students born prior
to 1984, no available date for the first dose but written documentation by student,
health care practitioner, or an authorized representative of the local health department
of the month, day and year of the second dose in or after December, 1989;
(c) An unsigned record printout
from the statewide immunization information system, ALERT IIS; or
(d) An unsigned record printout
from a computer system approved by the Public Health Division as specified in OAR
333-050-0060(5).
(3) Each community college
under the jurisdiction of the law shall include a medical and nonmedical exemption
and immunity documentation. Signing for a nonmedical exemption requires documentation
of a signature of a health care practitioner that the practitioner has reviewed
with the student the risks and benefits of immunization or a certificate verifying
that the student has completed a vaccine educational module approved by the Public
Health Division.
(4) Each community college
shall develop procedures to implement and maintain this requirement.
(5) The Public Health Division
may conduct validation surveys to ensure compliance.
(6) A student shall not be
excluded from a community college for failing to receive a required vaccine if the
State Health Officer has determined that there is a vaccine shortage and that is
the reason the student has not received the vaccine. Any vaccine that has been waived
due to a vaccine shortage will be required at the next term or semester, once the
shortage has been lifted.
(7) The local public health
officer, after consultation with the Public Health Division, may allow a student
to attend an educational institution without meeting the minimum immunization requirements
in case of temporary local vaccine shortage.
(a) The local health department
shall provide a letter signed by the local health officer to the affected student
stating that the vaccine requirement is being postponed. The letter must give guidance
to the community college about when vaccine is expected to be available.
(b) A photocopied form letter
signed by the local health officer may be used by the local health department when
the shortage is expected to affect more than one student.
Stat. Auth.: ORS 433.004, 433.273 &
433.283
Stats. Implemented: ORS 433.001,
433.004, 433.006 & 433.235 - 433.284
Hist.: HD 9-1992, f. &
cert. ef. 8-14-92; OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0090;
OHD 21-2002, f. & cert. ef. 12-13-02; PH 35-2004(Temp), f. & cert. ef. 11-10-04
thru 5-6-05; PH 2-2005, f. & cert. ef. 2-3-05; PH 12-2007, f. & cert .ef.
9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10;
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use