MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representatives Henley, Criswell, Eubanks, Hale, Hopkins

House Bill 979

AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PARENTS OR GUARDIANS OF SCHOOL-AGE CHILDREN TO OBTAIN CERTIFICATES OF EXEMPTION FROM VACCINATIONS FOR MEDICAL REASONS OR FOR CONSCIENTIOUS BELIEFS 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 STATEMENT FROM THE CHILD'S PHYSICIAN STATING THAT THE REQUIRED VACCINE IS MEDICALLY CONTRAINDICATED OR POSES A SIGNIFICANT RISK TO THE HEALTH AND WELL‐BEING OF THE CHILD OR ANY MEMBER OF THE CHILD'S HOUSEHOLD; TO PROVIDE THAT IN ORDER TO OBTAIN AN EXEMPTION FROM A REQUIRED VACCINATION FOR CONSCIENTIOUS BELIEFS, THE CHILD'S PARENT OR GUARDIAN MUST COMPLETE AN AFFIDAVIT ON AN EXEMPTION FORM PROVIDED BY THE STATE DEPARTMENT OF HEALTH;  TO PROVIDE THAT THE EXEMPTION FORM FOR CONSCIENTIOUS BELIEFS MUST CONTAIN A STATEMENT INDICATING THAT THE PARENT OR GUARDIAN UNDERSTANDS THE BENEFITS AND RISKS OF VACCINATIONS AND THE BENEFITS AND RISKS OF NOT BEING VACCINATED, AND MUST CONTAIN A SECTION WHERE THE PARENT OR GUARDIAN CAN LIST THE SPECIFIC VACCINATION OR VACCINATIONS FOR WHICH THE EXEMPTION APPLIES; TO PROVIDE THAT EXEMPTIONS FROM VACCINATIONS FOR MEDICAL REASONS OR FOR CONSCIENTIOUS BELIEFS WILL BE VALID FOR ONE YEAR; 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 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 * * *, Mississippi Code of 1972, for ten (10) or * * *less fewer children who are related within the third degree computed according to the civil law to the operator, unless they * * *shall first have been vaccinated against those diseases specified by the State Health Officer 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 may be offered to the school 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 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 statement 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 opinion, the required vaccine is medically contraindicated or poses a significant risk to the health and well‐being of the child or any member of the child's household.  Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for one (1) year from the date signed by the physician.

     (4)  (a)  A certificate of exemption from vaccination for conscientious beliefs may be offered 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 conscientious beliefs, the parent or a guardian of the child  must complete an affidavit on an exemption form provided by the State Department of Health.  The affidavit must be signed by the parent or guardian and the affidavit must be notarized.

          (c)  A blank exemption form for conscientious beliefs may be obtained by the parent or guardian by submitting a written request for the exemption form to the State Department of Health or the county health department or by downloading the exemption form from the website of the State Department of Health.

          (d)  The exemption form for conscientious beliefs must contain a statement indicating that the parent or guardian understands the benefits and risks of vaccinations and the benefits and risks of not being vaccinated.  In addition, it must contain a section where the parent or guardian can list the specific vaccination or vaccinations for which the exemption applies.  The completed and notarized exemption form shall expire one (1) year from the date signed by the parent or guardian.  The parent or guardian must submit a new form every school calendar year for which they are claiming an exemption from vaccination requirements for conscientious 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 the immunization requirements of this section, and the responsible school officials shall file the form with the child's record.

     (6)  If a child * * *shall 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  * * *such 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.

     (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 of a certificate of 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 are in compliance with the immunization requirements of this section.

     (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 vaccination compliance by the school.

     (10)  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 * * *shall 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 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, 2016.