The Oklahoman

Health official seeks to scrap vaccinatio­n education rule

- By Carmen Forman Staff writer cforman@oklahoman.com

Oklahoma Health Commission­er Lance Frye seeks to roll back a recently approved agency rule that would add another step before parents can opt their school-aged children out of receiving vaccinatio­ns.

Citing emergency rulemaking powers, Fr ye issued an emergency rule last week that would effectivel­y undo a rule approved in June when Gov. Kevin Stitt approved en masse proposed agency rule changes.

Health Department officials, before Frye was appointed to lead the agency, proposed a rule to require parents undergo a“brief instructio­nal presentati­on” before exempting their children from immunizati­ons for religious or personal reasons. The presentati­on would be offered at local health department­s.

In a statement, Frye said he revised the rule in order to minimize foot traffic in local health department­s and allow employees to

remain focused on responding to the COVID-19 pandemic.

“OSDH will continue to ensure robust access to and education of vaccinatio­ns available to Oklahomans ,” Frye said. “The new rule refocuses agency resources to the front lines of the pandemic and will minimize the number of individual­s walking into a county health department at a time when these facilities are operating at maximum capacity to administer free COVID-19 tests.”

If approved by Stitt, the emergency immunizati­on rule proposed by Frye would take effect Sept. 12 and cancel out the vaccine education rule slated to take effect Sept. 11.

In June, St it tap proved al l permanent administra­tive rules, including the new immunizati­on rule, submitted by state agencies for the past year.

“However, I have concerns with certain rules, and my team and I will review our options to address these rules moving forward ,” he said. When The Oklahoman asked for clarificat­ion on which rules Stitt was concerned about, the governor's office did not respond.

Stitt said he was waiting for a formal opinion from Attorney General Mike Hunter to determine whether Oklahoma's governor can pick and choose which rules get approved.

In a letter this week, the deputy general counsel for the attorney general's office advised when all administra­tive rules are awaiting final adoption, Stitt can only approve or disapprove all the rules.

Oklahoma's Legislatur­e has the option to overturn proposed agency rules. In the final days of the legislativ­e session, a majority in Oklahoma' s House voted not to approve the rules proposed by the Department of Health after a lengthy debate about parental choice and the effectiven­ess of vaccines.

The state Senate punted on the legislatio­n, giving Stitt the final say on the rules. Vaccines have become a hot- button political topic nationally and locally in recent years.

Health officials proposed the new immunizati­on rule as Oklahoma sees a growing number of children receiving nonmedical exemptions from state vaccinatio­n requiremen­ts. The number of religious and personal exemptions requested, in some cases, have more than doubled over the past six years, according to data previously provided by the State Department of Health.

The state mandates children entering school receive nine vaccinatio­ns, including those for measles, mumps, rubella, chicken pox, tetanus, polio, hepatitis A and hepatitis B.

Oklahoma is in the minority of states that allow parents to cite personal reasons for exempting their children from routine vaccinatio­ns.

When Fr ye revised the agency' s rules, he did not touch another new rule that stipulates vaccinatio­n exemptions expire at the end of a child's sixth grade school year. Parents seeking an exemption for a child entering the seventh grade or a higher grade will have to repeat the exemption process, which requires submitting an exemption form.

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