• The Oregon Health Authority, Public Health Division has proposed rules related to “School and childcare exclusion, public health, safety requirements for childcare providers, youth programs” (OAR333-019-0010 and OAR 333-019-1005) which effectively grant unelected members of the Oregon Health Authority the authority to “determine” if a vaccine, such as the 5-11-year-old COVID-19 immunization, should be added to the list of vaccine requirements, and it allows OHA to set an arbitrary “School Exclusion” date pressuring all students to meet or be “Excluded” from in-person attendance at school if they do not comply. These rules are attempting to do what SB 442 (2015), HB 3063 (2019), and SB 254 (2021) have all failed to do, which, in essence, is to mandate immunization as a prerequisite to attend school in Oregon and openly discriminate against students and families who exercise right to decline.
• Currently, OHA does not have this ability to do this without said rule change, as the required list of immunizations is approved by the Oregon legislature and only one already-established exclusion date is legislated, annually each February, with little public reminder that, by law, Oregon has medical and non-medical exemptions for children.
• These proposed rule changes also appear to do more damage as well, here is what we have “unearthed,” so far:
  • They do not require that OHA offer Exemptions, as is currently required by law for all other immunizations.
  • The changes also adjust or remove definitions for natural immunity.
  • They lay the groundwork to exclude anyone who already has established natural immunity or individuals who wish to exercise the right to decline a medical treatment.
  • They prevent any methodology from testing to use the “Test to Stay” option outlined by the Oregon Department of Education (ODE).
• The Public was not given adequate time and information to review the proposed OAR rule changes; even members of the Oregon House Interim Special Committee On COVID-19 Response were unaware of the 11/15 stand-alone public participation meeting planned and thus were unable to participate.
• These proposed rule changes would circumvent the legislative process to create new laws that entire committees of elected legislators review prior to passing before the Governor has the final say to sign it into law.
• OAR changes go into effect much swifter than new laws (often 30-90 days), effectively disturbing the current school year and pressuring families already struggling to comply or face losing school services.
• For the full story, please look below.

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