Bill Text: MS HB1420 | 2014 | Regular Session | Introduced
Bill Title: Vaccinations; allow exemption from requirement for school attendance with parental affidavit as being contrary to their beliefs.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB1420 Detail]
Download: Mississippi-2014-HB1420-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representative Cockerham
House Bill 1420
AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD WILL BE EXEMPT FROM THE REQUIREMENT TO HAVE ANY SPECIFIC VACCINATION IN ORDER TO ATTEND A SCHOOL IF THE CHILD'S PARENT OR GUARDIAN SUBMITS TO THE SCHOOL A LETTER OR AFFIDAVIT THAT DOCUMENTS WHICH REQUIRED VACCINATIONS HAVE BEEN GIVEN, AND WHICH VACCINATIONS HAVE NOT BEEN GIVEN ON THE BASIS THAT THEY ARE CONTRARY TO HIS OR HER BELIEFS; TO PROVIDE THAT BEGINNING WITH THE 2013-2014 SCHOOL YEAR, A FORM PRESCRIBED BY THE STATE DEPARTMENT OF HEALTH SHALL ACCOMPANY THE LETTER OR AFFIDAVIT SUBMITTED BY THE PARENT OR GUARDIAN, WHICH INCLUDES BOTH A SIGNED ATTESTATION FROM A HEALTH CARE PRACTITIONER THAT THE HEALTH CARE PRACTITIONER PROVIDED THE PARENT OR GUARDIAN WITH INFORMATION REGARDING THE BENEFITS AND RISKS OF THE VACCINATIONS AND THE HEALTH RISKS TO THE CHILD AND TO THE COMMUNITY OF THOSE DISEASES SPECIFIED FOR VACCINATION, AND A WRITTEN STATEMENT SIGNED BY THE PARENT OR GUARDIAN THAT INDICATES THAT THE SIGNER HAS RECEIVED THE INFORMATION PROVIDED BY THE HEALTH CARE PRACTITIONER; 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 hereinafter, 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 * * *
first have been vaccinated against those diseases specified by the State Health
Officer.
(3) A certificate of exemption from vaccination for medical reasons may be offered on behalf of a child by a duly licensed physician and may be accepted by the local health officer when, in his opinion, such exemption will not cause undue risk to the community.
(4) No child seeking to attend any school shall be required to comply with the requirements of this section for any specific vaccination in order to attend the school if the parent or guardian or adult who has assumed responsibility for the child's care and custody in the case of a minor, or the child seeking admission if an emancipated minor, submits to the school a letter or affidavit that documents which required vaccinations have been given, and which vaccinations have not been given on the basis that they are contrary to his or her beliefs.
(5) 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 these immunization requirements, and the responsible school officials shall file the form with the child's record.
(6) If a child who
is not exempt under subsection (3) or (4) of this section * * * offers to enroll at a school
without having completed the required vaccinations, the local health officer
may grant a period of time up to ninety (90) days for such 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 shall be enrolled without having
had at least one (1) dose of each specified vaccine.
(7) 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 for such exemption.
(8) 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 who are not exempt under subsection (3) or (4) of this section are in compliance with immunization requirements.
(9) 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 immunization compliance by the school.
(10) It shall be the
responsibility of the person in charge of each school to enforce the
requirements for immunization. Any child not exempt under subsection (3) or
(4) of this section who is 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.
(11) Failure to enforce provisions of this act 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, 2014.
