Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1568 By: Grellner
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6 AS INTRODUCED
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7 An Act relating to public health; creating the
7 Oklahoma Parental Decision-Making and Hepatitis B
8 Immunization Act of 2026; providing short title;
8 providing findings and purposes; providing for
9 certain interpretation of state law and rules;
9 specifying certain requirements and restrictions on
10 administration of hepatitis B vaccine to infants;
10 prohibiting certain vaccination requirements;
11 specifying certain parental rights; requiring certain
11 notice and informed consent; directing certain
12 promulgation of rules; describing rules; providing
12 certain construction; limiting effect of act;
13 providing severability; providing for
13 noncodification; providing for codification; and
14 providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law not to be
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19 codified in the Oklahoma Statutes reads as follows:
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20 A. This act shall be known and may be cited as the "Oklahoma
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21 Parental Decision-Making and Hepatitis B Immunization Act of 2026".
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22 B. The Legislature finds that:
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23 1. The Advisory Committee on Immunization Practices (ACIP) has
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24 updated its recommendations to provide for individual-based, shared
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1 clinical decision-making between parents and health care providers
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2 regarding administration of the hepatitis B vaccine, including the
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3 so called "birth dose," for infants born to women who test negative
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4 for hepatitis B;
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5 2. Under these recommendations, infants born to mothers who
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6 test positive for hepatitis B or whose infection status is unknown
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7 remain candidates for prompt post-exposure prophylaxis and
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8 vaccination, while decisions for infants of hepatitis B�negative
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9 mothers may be made on an individual basis, with initiation of the
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10 vaccine series at or after two (2) months of age if parents elect to
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11 vaccinate; and
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12 3. Oklahoma law and regulation currently require birthing
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13 hospitals and licensed midwives to implement procedures to ensure
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14 administration of a universal hepatitis B birth dose to all live
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15 infants within twelve (12) hours of birth, subject to documented
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16 exemptions, which effectively conditions the exercise of parental
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17 choice on affirmatively refusing the hospital-administered dose.
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18 C. The purposes of this act are to:
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19 1. Align state newborn hepatitis B vaccination requirements
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20 with current ACIP guidance;
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21 2. Clarify that hepatitis B immunization for eligible infants
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22 and children may be administered in any lawful clinical setting and
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23 is not required to occur in a hospital or birthing facility; and
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1 3. Affirm and strengthen the fundamental right of parents and
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2 legal guardians to make informed medical decisions for their
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3 children in consultation with their chosen health care
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4 professionals.
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5 SECTION 2. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 1-511.1 of Title 63, unless
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7 there is created a duplication in numbering, reads as follows:
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8 A. Notwithstanding any existing law or administrative rule to
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9 the contrary, no statute, regulation, or policy of this state shall
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10 be interpreted or applied to require that the hepatitis B birth dose
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11 be administered in a hospital, birthing facility, or midwife
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12 practice as a condition of compliance with state immunization
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13 requirements for newborns or children, and hepatitis B vaccine doses
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14 administered in any lawful clinical setting shall be deemed to
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15 satisfy such requirements as provided by subsection D of this
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16 section.
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17 B. For infants born to women who test positive for hepatitis B
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18 surface antigen or whose hepatitis B status is unknown at the time
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19 of birth, birthing facilities shall continue to offer and are
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20 authorized to administer appropriate hepatitis B immunoprophylaxis,
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21 including hepatitis B vaccine, as a medically indicated standard of
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22 care.
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23 C. For infants born to women who test negative for hepatitis B,
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24 the timing and location of initiation of the hepatitis B vaccine
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1 series shall be determined through shared clinical decision-making
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2 between the parent or legal guardian and the infant's health care
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3 provider, consistent with current Advisory Committee on Immunization
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4 Practices (ACIP) recommendations.
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5 D. Hepatitis B vaccine doses administered in any lawful
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6 clinical setting including, but not limited to, a pediatric or
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7 family medicine clinic, public health department clinic, tribal
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8 clinic, or other licensed outpatient facility, shall be deemed to
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9 satisfy any state law or regulation requiring hepatitis B
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10 immunization of infants or children.
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11 SECTION 3. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 1-511.2 of Title 63, unless
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13 there is created a duplication in numbering, reads as follows:
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14 A. No birthing facility, health care provider, or state or
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15 local agency shall require administration of a hepatitis B birth
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16 dose to an infant as a condition of discharge from a hospital or
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17 birthing setting, or as a condition for the provision of any other
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18 medical service to the mother or child, when the mother has tested
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19 negative for hepatitis B.
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20 B. Parents or legal guardians shall retain the right to decline
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21 or defer administration of the hepatitis B birth dose for their
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22 infant for any reason including, but not limited to, personal,
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23 philosophical, or religious beliefs, without penalty under state law
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24 and without adverse action in child welfare, custody, or other state
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1 administered proceedings, provided that such decision is documented
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2 in the medical record.
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3 C. Birthing facilities and health care providers shall:
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4 1. Inform parents or legal guardians of the current Advisory
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5 Committee on Immunization Practices (ACIP) recommendations regarding
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6 hepatitis B vaccination, including the options for timing and
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7 setting of administration where the mother is hepatitis B-negative;
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8 and
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9 2. Obtain informed consent prior to administering any hepatitis
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10 B vaccine dose to a newborn or child, except where emergency
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11 treatment is medically necessary to prevent imminent serious harm
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12 and consent cannot reasonably be obtained.
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13 SECTION 4. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 1-511.3 of Title 63, unless
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15 there is created a duplication in numbering, reads as follows:
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16 A. The State Commissioner of Health shall, within twelve (12)
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17 months of the effective date of this act, amend rules governing
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18 birthing facilities and licensed midwives to remove any requirement
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19 that all live infants receive a universal hepatitis B birth dose
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20 within twelve (12) hours of birth.
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21 B. Such rules shall:
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22 1. Preserve the obligation of birthing facilities to offer
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23 hepatitis B vaccine and appropriate immunoprophylaxis to infants
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1 born to mothers who are hepatitis B-positive or whose status is
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2 unknown;
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3 2. Recognize that administration of the hepatitis B vaccine
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4 series may lawfully occur outside the hospital or birthing setting;
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5 and
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6 3. Incorporate parental shared clinical decision-making for
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7 infants born to hepatitis B�negative mothers, consistent with the
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8 most current Advisory Committee on Immunization Practices (ACIP)
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9 recommendations in effect on the effective date of this act.
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10 SECTION 5. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1-511.4 of Title 63, unless
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12 there is created a duplication in numbering, reads as follows:
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13 A. Nothing in this act shall be construed to mandate hepatitis
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14 B vaccination of any infant or child beyond the requirements that
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15 may be established by general Oklahoma school and child care
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16 immunization laws, which remain subject to existing exemptions and
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17 parental rights provisions.
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18 B. In the event of any conflict between state hepatitis B
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19 immunization regulations for newborns and the Advisory Committee on
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20 Immunization Practices (ACIP) recommendations in effect on the
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21 effective date of this act, the provisions of this act shall control
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22 unless subsequently amended by the Legislature.
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23 C. If any provision of this act or its application to any
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24 person or circumstance is held invalid, the invalidity shall not
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1 affect other provisions or applications of the act that may be given
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2 effect without the invalid provision or application, and to this end
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3 the provisions of this act are declared severable.
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4 SECTION 6. This act shall become effective November 1, 2026.
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6 60-2-3489 DC 1/12/2026 7:46:49 PM
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Req. No. 3489 Page 7Every fact on this page links to its source, starting with the official bill record.