1. (1) A child shall not be excluded from a children’s facility or school for failing to receive a required vaccine if the State Public Health Officer has determined that there is a vaccine shortage under ORS 433.040 and that is the reason the child has not received the vaccine. Any vaccine, a requirement for which 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.

2. (2) During a local vaccine shortage, a 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.

   1. (a) The local health department shall provide a letter signed by the local health officer to the parent of any student whose vaccination requirement has been waived, detailing which vaccines are being waived for the student. 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, unless the vaccine shortage continues.
   2. (b) A copy of the letter must also be provided to the children’s facility or school and the administrator must include it with the child’s immunization records on file at the school or facility.
3. (3) A student shall not be excluded from a post-secondary or community college institution for failing to receive a required vaccine if the State Public Health Officer has determined that there is a vaccine shortage and that is the reason the student has not received the vaccine. Any vaccine, the requirement for which has been waived due to a vaccine shortage, will be required at the next term or semester, once the shortage has been lifted.

4. (4) 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.

   1. (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.
   2. (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 & ORS 433.273

Statutes/Other Implemented

ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284

History

PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025