Bill Text: MS HB130 | 2015 | Regular Session | Comm Sub
Bill Title: School attendance; authorize exemptions from vaccinations for medical reasons or conscientious beliefs for.
Spectrum: Strong Partisan Bill (Republican 22-1-1)
Status: (Failed) 2015-02-12 - Died On Calendar [HB130 Detail]
Download: Mississippi-2015-HB130-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education
By: Representatives Formby, Cockerham, Brown (20th), Baker, Chism, Carpenter, Morgan, Hamilton, Boyd, Rushing, Byrd, Guice, Moore, Crawford, Ladner, Kinkade, Frierson, Dixon, Willis, Smith (39th), Nelson, Lott, Howell, Gipson
House Bill 130
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY FOR PARENTS OR GUARDIANS OF SCHOOL-AGE CHILDREN TO OBTAIN CERTIFICATES OF EXEMPTION FROM VACCINATIONS FOR MEDICAL REASONS IN ORDER FOR THE CHILD TO ATTEND SCHOOL; TO PROVIDE THAT IN ORDER TO CLAIM AN EXEMPTION FROM A REQUIRED VACCINATION FOR MEDICAL REASONS, THE CHILD'S PARENT OR GUARDIAN MUST PRESENT A CERTIFICATE FROM THE CHILD'S PHYSICIAN STATING THAT THE REQUIRED VACCINE IS MEDICALLY CONTRAINDICATED OR POSES A SIGNIFICANT RISK TO OR WOULD BE INJURIOUS TO THE HEALTH AND WELL‐BEING OF THE CHILD OR ANY MEMBER OF THE CHILD'S HOUSEHOLD; TO PROVIDE THAT EXEMPTIONS FROM VACCINATIONS FOR MEDICAL REASONS WILL BE VALID FOR ONE YEAR; TO PROVIDE THAT THE OPINION OF THE PHYSICIAN WHO SIGNED THE CERTIFICATE IS FINAL AND THE SCHOOL TO WHICH THE CERTIFICATE IS PRESENTED MUST ACCEPT THE CERTIFICATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-23-37, Mississippi Code of 1972, is amended as follows:
41-23-37. (1) Whenever indicated, the State Health Officer shall specify such immunization practices as may be considered best for the control of vaccine preventable diseases. A listing shall be promulgated annually or more often, if necessary.
(2) Except as
provided * * *
in this section, it shall be unlawful for any child to attend any
school, kindergarten or similar type facility intended for the instruction of
children (hereinafter called "schools"), either public or private,
with the exception of any legitimate home instruction program, as
defined in Section 37-13-91 * * * for ten (10) or * * * fewer children who are related
within the third degree computed according to the civil law to the operator,
unless they * * * have a certificate of vaccination or have submitted to the school a certificate of
exemption from vaccination.
(3) (a) A
certificate of exemption from vaccination for medical reasons that meets the
requirements of this subsection may be * * * presented to the school on
behalf of a child * * *
by the child's parent or guardian.
(b) To claim an exemption from a required vaccination for medical reasons, the parent or guardian of the child must present a certificate signed by the child's physician (M.D. or D.O.), who is duly registered and licensed to practice medicine in the United States and who has examined the child, in which it is stated that, in the physician's medical judgment and opinion, the required vaccine is medically contraindicated or poses a significant risk to or would be injurious to the health and well‐being of the child or any member of the child's household. Unless it is written in the certificate that a lifelong condition exists, the certificate of exemption is valid for one (1) year from the date signed by the physician.
(c) If a certificate of exemption from vaccination meets the requirements of this subsection, the opinion of the physician who signed the certificate is final and may be not contradicted or rejected by the local health officer or the State Department of Health, and the school to which the certificate is presented must accept the certificate.
(4) Certificates of
vaccination shall be issued by local health officers or physicians on forms
specified by the Mississippi State Board of Health. These forms shall be the
only acceptable means for showing compliance with * * * the immunization requirements of
this section, and the responsible school officials shall file the form with
the child's record.
(5) If a child * * * offers to enroll at a school
without having completed the required vaccinations or
submitting a certificate of exemption from vaccination, the local
health officer may grant a period of time up to ninety (90) days for * * * that completion when, in the
opinion of the health officer, such delay will not cause undue risk to the
child, the school or the community. No child without
a certificate of exemption from vaccination
shall be enrolled without having had at least one (1) dose of each specified
vaccine.
(6)
Within thirty (30) days after the opening of the fall term of school (on or
before October 1 of each year) the person in charge of each school shall report
to the county or local health officer, on forms provided by the Mississippi
State Board of Health, the number of children enrolled by age or grade or both,
the number fully vaccinated, the number in process of completing vaccination
requirements, and the number exempt from vaccination by reason * * * of a certificate of exemption.
(7) Within one hundred twenty (120) days after the opening of the fall term (on or before December 31), the person in charge of each school shall certify to the local or county health officer that all children enrolled are in compliance with the immunization requirements of this section or have submitted a certificate of exemption from vaccination.
(8)
For the purpose of assisting in supervising the immunization status of the
children the local health officer, or his designee, may inspect the children's
records or be furnished certificates of * * * vaccination compliance by
the school.
(9)
It shall be the responsibility of the person in charge of each school to
enforce the requirements for immunization and exemption from vaccination.
Any child not in compliance at the end of ninety (90) days from the opening of
the fall term must be suspended until in compliance, unless the health officer * * * attributes the delay to lack of
supply of vaccine or some other such factor clearly making compliance
impossible.
(10)
Failure to enforce provisions of this * * * section shall constitute a
misdemeanor and, upon conviction, be punishable by fine or
imprisonment or both.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
