1. “Administrator” means the principal or other person having general control and supervision of a School/Facility.
2. “Certificate of Immunization Status” means a form provided or approved by the division on which to enter the child’s immunization record requiring the following:
a. Evidence of immunization signed by the parent, health care practitioner or an authorized representative of the Department; and/or
b. A written statement of medical exemption for a specified immunization(s) based on a designated medical diagnosis, signed by a physician, or an authorized representative of the department; and/ or
c. A written statement of religious exemption signed by the parent; and/or
d. A written statement of disease history for varicella signed by a parent, physician, or authorized representative of the department.
3. “Children’s facility” or “Facility” means:
a. A certified child care facility as described in ORS 657A.250 to 657A.460;
b. A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry; or
c. A program providing child care or educational services to children including Head Start and preschools, six weeks of age to kindergarten entry, in a residential or nonresidential setting;
d. This definition does not apply to facilities that are exempted by the Health Division. Exempted facilities are those which:
1. Are primarily supervised training in a specific subject, including, but not limited to, dancing, drama or music;
2. Are primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group;
3. Are operated at a facility where children may only attend on a limited basis not exceeding a total of five days per calendar year; or
4. Are operated on an occasional basis by a person, sponsor or organization not ordinarily engaged in providing child care.
4. “Contraindication” means either a child or a household member’s physical condition especially any condition or disease, which renders a particular vaccine improper or undesirable in accordance with the current recommendations of the Advisory Committee on Immunization Practices of the U.S. Public Health Service and the current issue of the Red Book (The Report of the Committee on Infectious Diseases, The American Academy of Pediatrics).
5. “County Immunization Status Form” means a form provided by the division to the department (or school/facility if there is no department) to report annually to the division the number of children as specified, in the area served and the number susceptible to the vaccine preventable diseases covered by these rules.
6. “Department” means Jefferson County School District 509J or County Board of Health, Public Health Officer, Public Health Administrator, or Health Department having jurisdiction within the area.
7. “Division” means the Oregon State Health Division, Department of Human Services.
8. “Evidence of Immunization” means a written/signed statement indicating the month and year that each dose of each vaccine was received. This is used for the determination of age-specific vaccine(s) requirements.
9. “Exclude or Exclusion” means not being allowed to attend a school/facility pursuant to an exclusion order from the department based on non-compliance with the requirements of ORS 433.267 (1) and these rules.
10. “Exclusion Order for Incomplete Immunization or Insufficient Information” means a form provided or approved by the division for the department’s use in excluding a child whose record is in non-compliance with the vaccine requirements of OAR 333-050-0050 or who has insufficient information on the record. Forms submitted for approval must contain the substantive content of the division form.
11. “Exclusion Order for No Record” means a form provided or approved by the division for the departments’ and schools’/facilities’ use in excluding a child with no record of immunization status at his/her school/facility. Forms submitted for approval must contain the substantive content of the division form.
12. “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., licensed nurse practitioners with prescription writing privileges, and licensed physician’s assistants with prescription writing privileges who are working under the sponsorship of an M.D./D.O. or a registered nurse working under the direction of an M.D. or a D.O.
13. “Immunization record statement” means a statement signed by the parent of a transferring child indicating that the record will be provided within 30 days of initial attendance.
14. “Medical Exemption” means a written statement signed by a physician or an authorized representative of the department that the child should be exempted from receiving specified immunization(s) due either to a disease history based on a health care practitioner’s diagnosis, a specific medical diagnosis based on a specific medical contraindication or results of an immune titer.
15. “New Enterer” means a child who meets one of the following criteria (is either):
a. Initially attending an Oregon facility (no previous attendance at any Oregon facility); or
b. Initially attending school at the entry level (kindergarten or first grade, whichever is the entry level); or
c. Initially attending a school from a home-school setting at any grade (preschool through the 12th grade); or
d. Initially attending a school/facility after entering the United States from a foreign country at any grade (preschool through 12th grade).
16. “Non-compliance” means failure to comply with any requirement of ORS 433.267 (1) or these rules.
17. “Parent” means parent, guardian, any adult responsible for the child or a person who is emancipated or has reached the age of majority.
18. “Physician” means a physician licensed by the Board of Medical Examiners for the State of Oregon or by the Naturopathic Board of Examiners or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States.
19. “Primary Review Summary” means a form provided or approved by the division to schools/facilities for enclosure with records forwarded to the department for secondary review and follow up. Forms submitted for approval must contain the substantive content of the division form.
20. “Private Provider” means any health care practitioner as defined in Section (12) or this rule and not identified as a public provider.
21. “Public Provider” means county health jurisdictions, their contractors and other governmental entities receiving vaccine from Oregon Health Division.
22. “Record” means a statement relating to compliance with the requirements or ORS 433.267 (1)(a) through (d) and these rules.
23. “Religion” means any system of beliefs, practices or ethical values.
24. “Religious Exemption” means a statement signed by a parent, that the child has not been immunized as prescribed by the OAR 333-050-0010 (21), because the child is being as an adherent to a religion, the teachings of which are opposed to such immunization.
25. “School” means a public, private or parochial school (grades kindergarten through twelve, or any part thereof).
26. “School Year” or “SY” means an academic year as adopted by the school or school district.
27. “Susceptible” means being at risk or 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 religious exemption for any of the vaccines required by these rules.
28. “These Rules” means OAR 333-050-0010 through 333-050-0120.
29. “Transferring child” means a child who:
a. Moves from one Oregon facility to another Oregon facility. To qualify as a transferring child, the name of the previous facility must be documented on the “Exclusion Order for No Record”;
b. Moves from one Oregon school to another Oregon School in a different school district, except when the move is due to the normal progression of grade levels, such as a junior high to senior high from a feeder school;
c. Moves from a school in another state to an Oregon school.
30. “Up to Date” means currently on schedule and not subject to exclusion, based on the appropriate immunization schedule for spacing of doses.
333-050-0020 – Purpose and Intent
1. The purpose of these rules is to implement ORS 433.235 et. seq., which requires evidence of immunization or a medical or religious exemption for each child as a condition of attendance in any school/facility and which requires exclusion from school/facility attendance until such requirements are met.
2. The intent of the school/facility immunization statutes and these rules is to require that:
a. A new enterer provides a signed and dated certificate of immunization status form documenting either evidence or immunization or religious and/or medical exemption. If age appropriate, and the child has not claimed an exemption, a minimum of one dose each of the following vaccines must be received prior to enrollment: Polio, Measles, Mumps, Rubella, Haemophilus influenzae Type b vaccine, and Diptheria/Tetanus containing vaccine. Beginning SY 1998/99 Hepatitis B will be required for children’s facilities and at school entry level. Beginning SY 200/01 varicella will be required for children’s facilities and school entry level (See OAR 3333-050-0050);
b. A transferring child provides evidence or immunization or an exemption(s), within 30 days of initial enrollment; and
c. A child currently attending not be allowed to continue in attendance without complete, or incomplete but up-to-date evidence of immunization or an exemption(s). Beginning SY 2000/01 Hepatitis B, Varicella and a second dose of measles containing vaccine will be required for 7th grade.
3. Nothing in these rules prohibits a school/facility from adopting additional or more stringent rules (in accordance with the law) as long as the rules are in compliance with U.S. Public Health Service Advisory Committee on Immunization Practices.
333-050-0030 – Visitors, Part-time Students and Residents
Any child visiting (for greater than five consecutive school days) attending part-time (including home school students) or residing on the premises of a school/facility regardless of whether the child attends classes, at any grade, preschool 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. Drop-ins in facilities are not considered visitors and are subject to the requirements as either a new enterer or transferring child as appropriate.
333-050-0040 – Statements (Records) Required
1. The statement initially documenting evidence of immunization or exemption under ORS 433.267 (1)(a) through (c) must be on a Certificate of Immunization Status Form. Evidence of immunization shall include at least the month and year of each dose of each vaccine received and must be appropriately signed and dated; or
2. The parent or school/facility may choose to provide evidence of immunization by attaching an already appropriately completed, signed and dated record to the Certificate of Immunization Status Form. The Certificate of Immunization Status needs to be signed and dated by the person transcribing the information. A reference should be made to the attached record; or
3. The parent or school/facility may choose to provide the evidence of immunization by attaching to a Certificate of Immunization Status Form from one of the following records listed in (a) through (c). The Certificate of Immunization Status Form must be signed and dated by the person transcribing the information. A reference should be made to the attached record on the Certificate of Immunization Status Form.
a. A health care practitioner documented immunization record;
b. An unsigned record on health care practitioner letterhead;
c. An unsigned record printout from the statewide immunization information system, Oregon Immunization ALERT.