MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Public Health and Human Services

By: Representative Gipson

House Bill 1268

AN ACT TO CREATE NEW SECTION 37-13-175, MISSISSIPPI CODE OF 1972, TO CREATE THE "OPTIMAL TEEN HEALTH ACT"; TO CREATE NEW SECTION 37-13-177, MISSISSIPPI CODE OF 1972, TO PROVIDE THE DEFINITION TO CERTAIN TERMS USED HEREIN; TO CREATE NEW SECTION 37-13-179, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SEXUAL RISK AVOIDANCE EDUCATION SHALL BE THE STATE STANDARD FOR SEX-RELATED EDUCATION OFFERED IN PUBLIC SCHOOLS; TO PRESCRIBE THE STANDARDS TO BE USED TO ENSURE THAT SEX-RELATED EDUCATION OFFERED IN PUBLIC SCHOOLS PROMOTES THE OPTIMAL HEALTH OF STUDENTS WHICH IS AGE AND GRADE APPROPRIATE; TO REQUIRE LOCAL SCHOOL BOARDS TO OFFER SEXUAL RISK AVOIDANCE AS A COMPONENT OF THE DISTRICTS CURRICULUM BEGINNING NO EARLIER THAN GRADE 6; TO PROHIBIT THE USE OF CERTAIN MATERIALS AND THE ENDORSEMENT OF CERTAIN SEXUAL ACTIVITIES IN THE CURRICULUM; TO CREATE NEW SECTION 37-13-181, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH SCHOOL OFFERING INSTRUCTION ON HUMAN SEXUALITY TO PROVIDE ONE WEEK'S WRITTEN NOTICE OF ANY PRESENTATION OF INFORMATION; TO REQUIRE THAT SCHOOLS RECEIVE WRITTEN PERMISSION FROM THE PARENTS OF A CHILD BEFORE THE CHILD IS ALLOWED TO ATTEND SUCH INSTRUCTION OR PRESENTATION; TO PRESCRIBE WHAT INFORMATION SHALL BE INCLUDED IN THE NOTICE PROVIDED TO PARENTS; TO AMEND SECTIONS 41-79-5, 41-79-51, 41-79-53 AND 41-79-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 37-13-175, Mississippi Code of 1972:

     37-13-175.  This act shall be known and may be cited as the "Optimal Teen Health Act."

     SECTION 2.  The following shall be codified as Section 37-13-177, Mississippi Code of 1972:

     37-13-177.  For purposes of this act, the following terms shall have the meanings herein ascribe, unless the context clearly indicates otherwise:

          (a)  "Abstinence" means not participating in any activity that puts an individual at risk for pregnancy or a sexually transmitted disease.

          (b)  "Age appropriate" means topics or degree of detail or intensity suitable for a given age group, based on the social, cognitive, emotional and general developmental maturity of the age group.  An audience's mere cognitive ability to understand a topic or the atypical development of a small segment of the audience will not be deemed a license to present the topic.

          (c)  "Gateway sexual activity" means bodily contact with another for the purpose of arousing, stimulating, or gratifying the sexual desire of any person.  It includes the intentional touching of a person's clothed or unclothed genitals, pubic area, buttocks, anus, inner thigh, or breast.

          (d)  "Medically accurate" means information that is referenced to peer-reviewed research published in or by medical, scientific, psychological, or public health publications, organizations or agencies.

          (e)  "Primary prevention" means any strategy designed to prevent disease or injury.

          (f)  "Risk avoidance" means an approach that encourages primary prevention by avoiding behaviors that create exposure to adverse consequences.  Sexual risk avoidance means eliminating all risk of causing pregnancy, contracting a sexually transmitted infection, or causing emotional, mental or psychological distress or harm.

          (g)  "Risk reduction" means attempts to merely reduce the risk of adverse consequences from risky behaviors, as distinguished from risk avoidance.

          (h)  "Sexual activity" means fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast of another person for the purpose of exploiting another or gratifying the sexual desire of any person.  It includes, but is not limited to, sexual intercourse.

          (i) "Sexual risk" means any sexual activity that exposes oneself or another to potentially adverse consequences.

          (j)  "Sexual Risk Avoidance (SRA) Education" means the focus on best health outcomes and primary prevention, which means that the information and skills taught are designed to help teens abstain from sexual activity in order to prevent any of its possible consequences.  Avoiding all sexual risk is the surest way to achieve optimal sexual health.  The approach has the goal to eliminate the risk of suffering all consequences of teen sex, as distinguished from reducing the risk.

          (k)  "Sexually explicit websites" means Internet sites that depict actual or simulated sexual acts including sexual intercourse, oral or anal sex or masturbation.

     SECTION 3.  The following shall be codified as Section 37-13-179, Mississippi Code of 1972:

     37-13-179.  (1)  Sexual risk avoidance education is the state standard for any sex-related education offered in the public schools.  Any assembly, enrichment event, guest speaker or other extracurricular presentation related to human sexuality and any movie or video footage shown on school grounds by any employee or contractor of the school district or a state agency or by any guest speaker shall be consistent with and supportive of each of these standards, subsection (3)(d) excepted.  An extracurricular presentation need not include information about contraceptives; however, should it do so, the presentation shall comply with subsection (3)(e) in its entirety.

     (2)  The local school board of every public school district shall offer sexual risk avoidance education no earlier than Grade 6.

     (3)  To ensure that sex-related education offered in the public schools promotes the optimal health of the students, increases the rate of accessing prenatal care among unwed expectant mothers, reduces infant mortality, and raises the likelihood that students will experience the health benefits from reserving initial sexual activity for marriage or regaining a sexually abstinent lifestyle prior to marriage, curriculum materials and instructors who present sexual risk avoidance education shall:

          (a)  Exclusively and emphatically promote sexual risk avoidance through abstinence, regardless of a student's current or prior sexual experience;

          (b)  Provide medically accurate information that:

              (i)  Uses accurate terminology rather than slang;

              (ii)  Explains puberty as the maturing of the human body to become capable of reproducing offspring, and typically commences at earlier ages for girls than for boys;

              (iii)  Shows the scientifically accurate depiction of the stages of development of the pre-born child;

              (iv)  Discusses sexual risk accurately in a manner that is clear, unambiguous, and leads students away from risk;

              (v)  Explains that risk avoidance strategies and risk reduction measures do not offer equal protection;

              (vi)  Explains that the earlier that an unmarried individual initiates sexual activity, the less likely he or she is to have one (1) lifetime partner, and the higher his or her exposure is to risk; and

              (vii) Does not tacitly, implicitly or explicitly encourage gateway sexual activity;

          (c)  Encourage optimal health by communicating the holistic nature of sexual activity and how it affects a person's whole being.  Topics covered in any sexual risk avoidance curriculum shall include:

              (i)  The intrinsic value of each person;

              (ii)  A mutually faithful, monogamous relationship in the context of marriage is the only healthy setting for sexual intercourse and sexual activity;

              (iii)  The components of healthy premarital relationships that show respect and honor to the other person in the relationship, for the lifetime partner the other person may marry, and for oneself;

              (iv)  Refusal skills to resist sexual advances and sexualized messaging; how alcohol and drug use lowers one's defenses against sexual advances;

              (v)  Identifying and ending exploitative relationships including those that can lead to sexual assault,

physical violence, or suicide;

              (vi)  The current state law related to the crimes of forcible rape, statutory rape, and sexual battery, and to the ages at which a minor's consent is valid; and civil and criminal law related to paternity and child support;

              (vii)  Advantages of and skills for pursuing educational and life goals;

              (viii)  The correlation between unmarried childbearing and poverty; the supervisory and financial responsibility of raising a child as a single parent, either as the custodial or noncustodial parent;

              (ix)  The social, financial, emotional, psychological, and health advantages and societal benefits to be realized by reserving sexual activity for a committed marriage; and

              (x)  How to form habits and boundaries that increase the likelihood of developing healthy relationships, creating a strong marriage, and forming a safe and stable future family;

          (d)  Be age and sex appropriate in information and discussions.  Sex-related education may not be conducted when boys and girls are in the company of any students of the opposite sex; boys and girls shall be separated into different classrooms; and

          (e)  Include in its sexual risk avoidance curriculum information about contraceptives, provided that it is presented in a manner that encourages sexual risk avoidance, does not normalize or promote teen sexual activity or teen contraceptive usage, does not demonstrate or depict how condoms or other contraceptives are applied, is introduced in an age-appropriate manner, and consists of the following elements:

              (i)  A factual presentation of the realistic limitations and effectiveness of each method of contraception;

              (ii)  When used as directed on every occasion of sexual activity, participants may still contract one or more sexually transmitted diseases; and when used on every occasion of intercourse, a child may still be conceived;

              (iii)  Contraceptives have a higher failure rate during actual usage than during laboratory testing, and are less effective to protect against sexually transmitted diseases than against pregnancy; and

              (iv)  Abstaining from sexual activity before marriage and fidelity within marriage is the only certain way to remove all risks; contraceptives do not remove the emotional, mental and psychological consequences of premarital sexual activity.

     (4)  Sexual risk avoidance education shall not:

          (a)  Promote, implicitly or explicitly, any gateway sexual activity or refer students to sources that implicitly or explicitly endorse student experimentation with noncoital sexual activity; promotion of gateway sexual activities encourages rather than discourages unhealthy risk-taking and will not be deemed risk avoidance skill-building;

          (b)  Distribute materials on school grounds that condone, promote, encourage, or validate sexual activity among unmarried students;

          (c)  Distribute or aid in the distribution of legally obscene materials to minors on school grounds, nor provide links to or refer students to sexually explicit websites or to websites that normalize or condone premarital sex;

          (d)  Demonstrate how a condom or other contraceptive is used or applied, or distribute any contraceptive;

          (e)  Suggest that abortion or any abortifacient drug be used to prevent the birth of a baby, nor promote or give a referral for an abortion.

     (5)  Each school board shall prescribe policies and procedures in accordance with this chapter for the implementation, evaluation, and periodic review of the sexual risk avoidance curriculum.

     (6)  No other form or type of sex or reproductive health education may be offered in a public school besides the sexual risk avoidance approach defined in this chapter.

     SECTION 4.  The following shall be codified as Section 37-13-181, Mississippi Code of 1972:

     37-13-181.  Each school offering instruction or any other presentation on human sexuality in the classroom, assembly, or other official setting shall encourage parents and legal guardians to maintain primary responsibility for sex-related education of their child or ward by providing no less than one (1) week's written notice thereof to the parents and guardians of a child scheduled or eligible to attend the instruction or presentation. The school principal must receive written permission from the parent or legal guardian before a child attends the instruction or presentation.  The written notice shall be a separate document from the consent form offered to a parent for acknowledging receipt of the notice and authorizing his child's attendance.  The written notice shall inform the parents that:

          (a)  The principal has a copy of the current sex-related education statutes and all curricula and ancillary and supplementary materials to be used in the lessons or presentation, whether in print, digital or video formats, available for parents and guardians to preview in advance;

          (b)  The parents or guardian may confer with the instructor who would teach their child or ward in the event that the parents or guardian authorize their child or ward to attend the assembly or any or all portions of the curriculum;

          (c)  No child will attend instruction in sexual risk avoidance, peer-led exercise or other presentation on human sexuality until the principal receives written acknowledgment from the parent or legal guardian that the parent or guardian received notice thereof and authorizes his child to be present for the specified instruction or presentation;

          (d)  Upon the request of any parent or guardian who authorized his child or ward to attend the overall program of instruction in sexual risk avoidance but wishes to excuse his child or ward from any portion of the instruction, the school shall excuse the child from such instruction, without detriment to the student; and

          (e)  Parents are the most effective communicators to convey expectations for conduct and to talk with their son or daughter about the advantages of avoiding sexual risk.

     SECTION 5.  Section 41-79-5, Mississippi Code of 1972, is amended as follows:

     41-79-5.  (1)  There is * * *hereby established within the State Department of Health a school nurse intervention program, available to all public school districts in the state.

     (2)  By the school year 1998-1999, each public school district shall have employed a school nurse, to be known as a Health Service Coordinator, pursuant to the school nurse intervention program prescribed under this section.  The school nurse intervention program shall offer any of the following specific preventive services, and other additional services appropriate to each grade level and the age and maturity of the pupils:

          (a)  * * *Reproductive health Sexual risk avoidance education as defined in Section 37-13-177 and referral to prevent teen pregnancy and sexually transmitted diseases * * *, which education shall include abstinence;

          (b)  Child abuse and neglect identification;

          (c)  Hearing and vision screening to detect problems which can lead to serious sensory losses and behavioral and academic problems;

          (d)  Alcohol, tobacco and drug abuse education to reduce abuse of these substances;

          (e)  Scoliosis screening to detect this condition so that costly and painful surgery and lifelong disability can be prevented;

          (f)  Coordination of services for handicapped children to ensure that these children receive appropriate medical assistance and are able to remain in public school;

          (g)  Nutrition education and counseling to prevent obesity and/or other eating disorders which may lead to life-threatening conditions, for example, hypertension;

          (h)  Early detection and treatment of head lice to prevent the spread of the parasite and to reduce absenteeism;

          (i)  Emergency treatment of injury and illness to include controlling bleeding, managing fractures, bruises or contusions and cardiopulmonary resuscitation (CPR);

          (j)  Applying appropriate theory as the basis for decision making in nursing practice;

          (k)  Establishing and maintaining a comprehensive school health program;

          (l)  Developing individualized health plans;

          (m)  Assessing, planning, implementing and evaluating programs and other school health activities, in collaboration with other professionals;

          (n)  Providing health education to assist students, families and groups to achieve optimal levels of wellness;

          (o)  Participating in peer review and other means of evaluation to assure quality of nursing care provided for students and assuming responsibility for continuing education and professional development for self while contributing to the professional growth of others;

          (p)  Participating with other key members of the community responsible for assessing, planning, implementing and evaluating school health services and community services that include the broad continuum or promotion of primary, secondary and tertiary prevention; and

          (q)  Contributing to nursing and school health through innovations in theory and practice and participation in research.

     (3)  Public school nurses shall be specifically prohibited from providing abortion counseling to any student or referring any student to abortion counseling or abortion clinics.  Any violation of this subsection shall disqualify the school district employing such public school nurse from receiving any state administered funds under this section.

     (4)  Repealed.

     (5)  Beginning with the 1997-1998 school year, to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, in addition to the school nurse intervention program funds administered under subsection (4), the State Department of Health shall establish and implement a Prevention of Teen Pregnancy Pilot Program to be located in the public school districts with the highest numbers of teen pregnancies.  The Teen Pregnancy Pilot Program shall provide the following education services directly through public school nurses in the pilot school districts:  * * *health sexual risk avoidance education sessions in local schools, where contracted for or invited to provide, which target issues including reproductive health, teen pregnancy prevention and sexually transmitted diseases, including syphilis, HIV and AIDS.  When these services are provided by a school nurse, training and counseling on abstinence shall be included.

     (6)  In addition to the school nurse intervention program funds administered under subsection (4) and the Teen Pregnancy Pilot Program funds administered under subsection (5), to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, the State Department of Health shall establish and implement an Abstinence Education Pilot Program to provide abstinence education, mentoring, counseling and adult supervision to promote abstinence from sexual activity, with a focus on those groups which are most likely to bear children out of wedlock.  Such abstinence education services shall be provided by the State Department of Health through its clinics, public health nurses, school nurses and through contracts with rural and community health centers in order to reach a larger number of targeted clients.  For purposes of this subsection, the term "abstinence education" means an educational or motivational program which:

          (a)  Has as its exclusive purpose, teaching the social, psychological and health gains to be realized by abstaining from sexual activity;

          (b)  Teaches abstinence from sexual activity outside marriage as the expected standard for all school-age children;

          (c)  Teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases and other associated health problems;

          (d)  Teaches that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexual activity;

          (e)  Teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects;

          (f)  Teaches that bearing children out of wedlock is likely to have harmful consequences for the child, the child's parents and society;

          (g)  Teaches young people how to reject sexual advances and how alcohol and drug use increase vulnerability to sexual advances; and

          (h)  Teaches the importance of attaining self-sufficiency before engaging in sexual activity.

     (7)  Beginning with the 1998-1999 school year and pursuant to appropriation therefor by the Legislature, in addition to other funds allotted under the minimum education program, each school district shall be allotted an additional teacher unit per every one hundred (100) teacher units, for the purpose of employing qualified public school nurses in such school district, which in no event shall be less than one (1) teacher unit per school district, for such purpose.  In the event the Legislature provides less funds than the total state funds needed for the public school nurse allotment, those school districts with fewer teacher units shall be the first funded for such purpose, to the extent of funds available.

     (8)  Prior to the 1998-1999 school year, nursing staff assigned to the program shall be employed through the local county health department and shall be subject to the supervision of the State Department of Health with input from local school officials.  Local county health departments may contract with any comprehensive private primary health care facilities within their county to employ and utilize additional nursing staff.  Beginning with the 1998-1999 school year, nursing staff assigned to the program shall be employed by the local school district and shall be designated as "health service coordinators," and shall be required to possess a bachelor's degree in nursing as a minimum qualification.

     (9)  Upon each student's enrollment, the parent or guardian shall be provided with information regarding the scope of the school nurse intervention program.  The parent or guardian may provide the school administration with a written statement refusing all or any part of the nursing service.  No child shall be required to undergo hearing and vision or scoliosis screening or any other physical examination or tests whose parent objects thereto on the grounds such screening, physical examination or tests are contrary to his sincerely held religious beliefs.

     (10)  * * *A consent form for reproductive health education shall be sent to the parent or guardian of each student upon his enrollment.  If a response from the parent or guardian is not received within seven (7) days after the consent form is sent, the school shall send a letter to the student's home notifying the parent or guardian of the consent form.  If the parent or guardian fails to respond to the letter within ten (10) days after it is sent, then the school principal shall be authorized to allow the student to receive reproductive health education.  Reproductive health education shall include the teaching of total abstinence from premarital sex and, wherever practicable, reproductive health education should be taught in classes divided according to gender.  All materials used in the reproductive health education program shall be placed in a convenient and easily accessible location for parental inspection. School nurses shall not dispense birth control pills or contraceptive devices in the school.  Dispensing of such shall be the responsibility of the State Department of Health on a referral basis only.

     (11)  No provision of this section shall be construed as prohibiting local school districts from accepting financial assistance of any type from the State of Mississippi or any other governmental entity, or any contribution, donation, gift, decree or bequest from any source which may be utilized for the maintenance or implementation of a school nurse intervention program in a public school system of this state.

     SECTION 6.  Section 41-79-51, Mississippi Code of 1972, is amended as follows:

     41-79-51.  (1)  There is created the Teen Pregnancy Prevention Task Force to study and make recommendation to the Legislature on * * *the implementation of sex‑related educational courses through abstinence‑only or abstinence‑plus education into the curriculum of local school districts and the coordination of services by certain state agencies to reduce teen pregnancy and provide prenatal and postnatal training to expectant teen parents in Mississippi.  The task force shall make an annual report of its findings and recommendations to the Legislature beginning with the 2012 Regular Session.

     (2)  The task force shall be composed of the following seventeen (17) members:

          (a)  The Chairmen of the Senate and House Public Health and Welfare Committees, or their designees;

          (b)  The Chairmen of the Senate and House Education Committees, or their designees;

          (c)  The Chairman of the House Select Committee on Poverty;

          (d)  One (1) member of the Senate appointed by the Lieutenant Governor;

          (e)  The Executive Director of the Department of Human Services, or his or her designee;

          (f)  The State Health Officer, or his or her designee;

          (g)  The State Superintendent of Public Education, or his or her designee;

          (h)  The Executive Director of the Division of Medicaid, or his or her designee;

          (i)  The Executive Director of the State Department of Mental Health, or his or her designee;

          (j)  The Vice Chancellor for Health Affairs and Dean of the University of Mississippi Medical Center School of Medicine, or his or her designee;

          (k)  Two (2) representatives of the private health or social services sector appointed by the Governor;

          (l)  One (1) representative of the private health or social services sector appointed by the Lieutenant Governor;

          (m)  One (1) representative of the private health or social services sector appointed by the Speaker of the House of Representatives; and

          (n)  One (1) representative from a local community-based youth organization that teaches or has taught a federal or local school district approved curriculum.

     (3)  Appointments shall be made within thirty (30) days after July 1, 2011, and, within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman.  The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the task force.  A majority of the members of the task force shall constitute a quorum.  In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required.  All members shall be notified in writing of all meetings, the notices to be mailed at least fifteen (15) days before the date on which a meeting is to be held.  If a vacancy occurs on the task force, the vacancy shall be filled in the manner that the original appointment was made.

     (4)  Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties.  Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session.  However, no per diem or expense for attending meetings of the task force may be paid to legislative members of the task force while the Legislature is in session.  No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of the meeting.  Nonlegislative members shall be paid from any funds made available to the task force for that purpose.

     (5)  The task force shall use clerical and legal staff already employed by the Legislature and any other staff assistance made available to it by the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid.  To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairman of the task force, provide to the task force such facilities, assistance and data as will enable the task force properly to carry out its duties.

     (6)  In order to carry out the functions and responsibilities necessary to study and make recommendations to the Legislature, the Teen Pregnancy Prevention Task Force shall:

          (a)  Form task force subgroups based on specific areas of expertise;

          (b)  Review and consider coordinated services and plans and related studies done by or through existing state agencies and advisory, policy or research organizations to reduce teen pregnancy and provide the necessary prenatal and postnatal training to expectant teen parents;

          (c)  Review and consider statewide and regional planning initiatives related to teen pregnancy;

          (d)  Consider efforts of stakeholder groups to comply with federal requirements for coordinated planning and service delivery;

          (e)  * * *Evaluate the implementation of sex‑related educational courses through abstinence‑only or abstinence‑plus education in local school districts throughout the state;

  (f)  Evaluate the effect of the adoption of a required sex education policy on teen pregnancy rates and dropout rates due to teen pregnancy on the local school district and statewide levels;

 * * *(g)  Compare and analyze data in districts adopting and implementing abstinence‑only education to districts adopting abstinence‑plus education;

          ( * * *hf)  Require the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid to conduct a study of community programs available throughout the state, and the areas wherein they are located, which provide programs of instruction on sexual behavior and assistance to teen parents; and

          ( * * *ig)  Work through the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid to cause any studies, assessments and analyses to be conducted as may be deemed necessary by the task force.

     (7)  This section shall stand repealed on July 1, 2016.

     SECTION 7.  Section 41-79-53, Mississippi Code of 1972, is amended as follows:

     41-79-53.  (1)  The Mississippi Department of Human Services shall develop programs to accomplish the purpose of one or more of the following strategies:

          (a)  Promoting effective communication * * *among families within the family about preventing teen pregnancy, particularly communication among parents or guardians and their children;

          (b)  Educating community members about the consequences of unprotected, uninformed and underage sexual activity and teen pregnancy;

          (c)  Encouraging young people to * * *postpone save sexual activity for marriage and prepare for a healthy, successful adulthood, including teaching them skills to avoid making or receiving * * *unwanted verbal * * *,  or physical * * *, and sexual advances;

          (d)  Providing medically accurate information about the * * *health benefits, limitations and side effects of all contraceptives and barrier methods as a means to prevent pregnancy and reduce the risk of contracting sexually transmitted infections, including HIV/AIDS; or

          (e)  Providing educational information, including medically accurate information about the * * *health benefits, limitations and side effects of all contraceptives and barrier methods, for young people * * *in those communities who are already sexually active * * *or are at risk of becoming sexually active and inform * * *young people in those communities them about the responsibilities and consequences of being a parent, and how early pregnancy and parenthood can interfere with educational and other goals.

     (2)  The State Department of Health shall develop programs with the following strategies:

          (a)  To carry out activities * * *, including other than supplying contraceptives to minors under the age of fourteen (14) years and provide counseling * * *, to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;

          (b)  To provide necessary social and cultural support services regarding teen pregnancy;

          (c)  To provide health and educational services related to the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens, other than supplying contraceptives to minors under the age of fourteen (14) years;

          (d)  To promote better health and educational outcomes among pregnant teens; and

          (e)  To provide training for individuals who plan to work in school-based support programs regarding the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens.

     (3)  Subject to the provisions of Section 41-79-5, it shall be the responsibility of school nurses employed by local school districts implementing the program developed by the State Department of Health under subsection (2) of this section to carry out the functions of those strategies to promote consistency in the administration of the program.

     SECTION 8.  Section 41-79-55, Mississippi Code of 1972, is amended as follows:

     41-79-55.  (1)  Beginning with the 2012-2013 school year, to the extent that federal or state funds are available and appropriated by the Legislature for the purposes of establishing and implementing the Prevention of Teen Pregnancy Pilot Program authorized by Section 41-79-5, the State Department of Health in conjunction with the State Department of Education shall establish a pilot program in each of the nine (9) health districts as defined by the State Department of Health, to be located in a school district in a county in that district having the highest number of teen pregnancies.

     (2)  The State Department of Health and the State Department of Education shall jointly provide sexual risk avoidance education and services in accordance with Sections 37-13-175 through 37-13-181, through qualified personnel to increase awareness of the health, social and economic risks associated with teen pregnancy.  The services and curriculum provided shall have a primary emphasis on reducing the teenage pregnancy rate in those pilot districts.

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2013.