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.]

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0021
HD 16-1997, f. & cert. ef. 12-3-97
HD 29-1994, f. & cert. ef. 12-2-94
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 15-1986, f. & ef. 7-15-86
HD 22-1983, f. & ef. 11-1-83
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

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.

(7) Nothing in these rules is intended to prevent a person from using or accepting an electronic form, using or accepting an electronic signature as that is defined in ORS 84.004, or using, accepting, transmitting or storing documents electronically.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 256-2018, amend filed 11/02/2018, effective 11/12/2018
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
Reverted to PH 6-2008, f. & cert. ef. 3-17-08
PH 13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10
Reverted to PH 6-2008, f. & cert. ef. 3-17-08
PH 16-2008(Temp), f. & cert. ef. 10-27-08 thru 4-20-09
PH 6-2008, f. & cert. ef. 3-17-08
PH 1-2008(Temp), f. & cert. ef. 1-8-08 thru 6-30-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0025
HD 16-1997, f. & cert. ef. 12-3-97
HD 29-1994, f. & cert. ef. 12-2-94
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 22-1983, f. & ef. 11-1-83
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

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.

Statutory/Other Authority: 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0026
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87

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.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0030
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 15-1986, f. & ef. 7-15-86
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

333-050-0050
Immunization Requirements

(1) For purposes of this rule, 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. If the first dose was received at or after 18 years of age, the student is complete with two doses.

(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, OAR 333-050-0120.)

(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.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 256-2018, amend filed 11/02/2018, effective 11/12/2018
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
Reverted to PH 6-2008, f. & cert. ef. 3-17-08
PH 13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10
Reverted to PH 6-2008, f. & cert. ef. 3-17-08
PH 16-2008(Temp), f. & cert. ef. 10-27-08 thru 4-20-09
PH 6-2008, f. & cert. ef. 3-17-08
PH 1-2008(Temp), f. & cert. ef. 1-8-08 thru 6-30-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0035
OHD 12-2000, f. & cert. ef. 12-26-00
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 10-1991, f. & cert. ef. 7-23-91
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

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.

History:
PH 5-2022, temporary amend filed 01/12/2022, effective 01/12/2022 through 07/10/2022
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0040
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

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]

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 5-2022, temporary amend filed 01/12/2022, effective 01/12/2022 through 07/10/2022
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0045
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 22-1983, f. & ef. 11-1-83
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 23-1981, f. & ef. 11-17-81
HD 21-1981, f. & ef. 10-21-81

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 or all the doses required for the child’s grade;

(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; and

(F) 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.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 5-2022, temporary amend filed 01/12/2022, effective 01/12/2022 through 07/10/2022
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0050
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 22-1983, f. & ef. 11-1-83
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 23-1981, f. & ef. 11-17-81
HD 21-1981, f. & ef. 10-21-81

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.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0051
HD 16-1997, f. & cert. ef. 12-3-97
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 2-1982, f. & ef. 2-4-82

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.

Statutory/Other Authority: ORS 431.262, 433.004 & 433.273
Statutes/Other Implemented: ORS 431.262, 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
OHD 26-2001, f. & cert. ef. 12-4-01

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 a child must be excluded from attendance at a school or children’s facility in accordance with OAR 333-019-0010(3), the parent of the 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.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 256-2018, amend filed 11/02/2018, effective 11/12/2018
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0055
HD 9-1992, f. & cert. ef. 8-14-92
HD 6-1991, f. & cert. ef. 5-15-91
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 21-1981, f. & ef. 10-21-81

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 immunization rates to each school and children’s facility in the area served by the local health department, 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 must include:

(A) The percentage of children with all the doses required for each child’s age or grade, by vaccine, for the school or children’s facility and for the local area;

(B) The percentage of children with nonmedical exemptions by vaccine for the school or children’s facility;

(C) The percentage of children with no record for the school or children’s facility;

(D) The percentage of children with medical exemptions for one or more vaccine for the school or children’s facility;

(E) The number of children for whom documentation of immunization status is required at the school or children’s facility;

(F) The number of enrolled children for whom documentation of immunization status is not required at the school or children’s facility;

(G) The number of children 18 months of age and younger in attendance at the school or children’s facility 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. If individual school webpages are linked to a district website, a central district webpage containing the required information for each school may be used to comply with this requirement; and

(C) By sending to a parent of each child for whom documentation of immunization status is required at the school or children’s facility, 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 children in attendance 18 months of age up to kindergarten are exempt from the requirements of OAR 333-050-0110(5) for these children. These sites must still comply with the reporting requirements specified in OAR 333-050-0060 and 333-050-0080.

(7) Schools and children’s facilities for which immunization records for a vaccine are required for fewer than 10 students in attendance in kindergarten grade and older are exempt from the requirements of OAR 333-050-0110(5) for that vaccine for these students. These sites must still comply with the reporting requirements specified in OAR 333-050-0060 and 333-050-0080.

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 5-2022, temporary amend filed 01/12/2022, effective 01/12/2022 through 07/10/2022
PH 1-2016, f. & cert. ef. 1-20-16
PH 13-2015(Temp), f. & cert. ef. 8-24-15 thru 2-19-16
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
OHD 26-2001, f. & cert. ef. 12-4-01
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0060
HD 16-1997, f. & cert. ef. 12-3-97
HD 6-1991, f. & cert. ef. 5-15-91
HD 8-1987, f. & ef. 7-15-87
HD 12-1983, f. & ef. 8-1-83
HD 17-1982, f. & ef. 8-13-82
HD 23-1981, f. & ef. 11-17-81
HD 21-1981, f. & ef. 10-21-81

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: To view tables referenced in rule text, click here to view rule.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 433.004 & 433.273
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 256-2018, amend filed 11/02/2018, effective 11/12/2018
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 13-2009(Temp), f. 12-17-09, cert. ef. 12-21-09 thru 6-18-10
PH 16-2008(Temp), f. & cert. ef. 10-27-08 thru 4-20-09
PH 6-2008, f. & cert. ef. 3-17-08
PH 1-2008(Temp). f. & cert. ef. 1-8-08 thru 6-30-08
PH 12-2007, f. & cert .ef. 9-27-07
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0070
OHD 12-2000, f. & cert. ef. 12-26-00
OHD 8-1998, f. & cert. ef 9-10-98
HD 16-1997, f. & cert. ef. 12-3-97
HD 12-1991(Temp), f. 8-26-91, cert. ef. 9-3-91
HD 10-1991, f. & cert. ef. 7-23-91
HD 4-1990(Temp), f. & cert. ef. 1-11-90
HD 15-1986, f. & cert. ef. 7-15-86
HD 22-1983, f. & cert. ef. 11-1-83
HD 17-1982, f. & cert. ef. 8-13-82
HD 21-1981, f. & cert. ef. 10-21-81

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.

Statutory/Other Authority: ORS 433.004, 433.273 & 433.282
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 1-2006, f. & cert. ef. 1-27-06
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0080
HD 9-1992, f. & cert. ef. 8-14-92

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.

Statutory/Other Authority: ORS 433.004, 433.273 & 433.283
Statutes/Other Implemented: ORS 433.001, 433.004, 433.006 & 433.235 - 433.284
History:
PH 3-2014, f. 1-30-14, cert. ef. 3-1-14
PH 24-2010, f. & cert. ef. 9-30-10
PH 6-2008, f. & cert. ef. 3-17-08
PH 12-2007, f. & cert .ef. 9-27-07
PH 2-2005, f. & cert. ef. 2-3-05
PH 35-2004(Temp), f. & cert. ef. 11-10-04 thru 5-6-05
OHD 21-2002, f. & cert. ef. 12-13-02
OHD 14-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0090
HD 9-1992, f. & cert. ef. 8-14-92