House Bill 1451

AN ACT TO PROHIBIT THE STATE OR AN AGENCY, ENTITY OR POLITICAL SUBDIVISION OF THE STATE OR A STATE OR LOCAL OFFICIAL FROM MANDATING OR REQUIRING AN INDIVIDUAL TO RECEIVE A VACCINE OR IMMUNIZATION FOR COVID-19; TO PROVIDE THAT RECEIVING A VACCINE OR IMMUNIZATION FOR COVID-19 SHALL NOT BE A CONDITION OF EDUCATION, EMPLOYMENT, ENTRY OR SERVICES FROM THE STATE OR A STATE AGENCY OR ENTITY OR FOR OBTAINING A LICENSE, CERTIFICATE OR PERMIT FROM A STATE AGENCY OR ENTITY; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL MAINTAIN INFORMATION AND DATA ABOUT THE SAFETY AND EFFICACY OF ANY VACCINE OR IMMUNIZATION FOR COVID-19 APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; TO PROHIBIT THE STATE OR AN AGENCY, ENTITY OR POLITICAL SUBDIVISION OF THE STATE OR A STATE OR LOCAL OFFICIAL FROM DISCRIMINATING AGAINST OR COERCING IN ANY WAY AN INDIVIDUAL FOR REFUSING TO RECEIVE A VACCINE OR IMMUNIZATION FOR COVID-19; TO PROVIDE THAT IF THE STATE OR AN AGENCY, ENTITY OR POLITICAL SUBDIVISION OF THE STATE OR A STATE OR LOCAL OFFICIAL RECOMMENDS THAT INDIVIDUALS IN THIS STATE RECEIVE A VACCINE OR IMMUNIZATION FOR COVID-19, THE STATE, STATE AGENCY OR ENTITY, POLITICAL SUBDIVISION OF THE STATE, OR STATE OR LOCAL OFFICIAL SHALL PROVIDE NOTICE THAT THE RECOMMENDATION IS NOT MANDATORY; AND FOR RELATED PURPOSES.

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

SECTION 1. Prohibition on requirement for vaccine or immunization for coronavirus 2019 (COVID-19). (1) As used in this section, the term "coerce" means:

(a) Using physical violence, threats, intimidation or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;

(b) (i) Making conditional a private or public benefit, including, without limitation, employment, promotion or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(ii) However, other positive incentives that are above or beyond any expected compensation or benefit of employment shall not be included in the term "coerce"; or

(c) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(2) (a) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for Coronavirus Disease 2019 (COVID-19).

(b) A state-owned or state-controlled medical facility may offer positive incentives to an individual to receive a vaccine or immunization for COVID-19.

(3) Receiving a vaccine or immunization for COVID-19 shall not be a condition of education, employment, entry or services from the state or a state agency or entity or for obtaining a license, certificate or permit from a state agency or entity.

(4) (a) The State Department of Health shall maintain information and data about the safety and efficacy of any vaccine or immunization for COVID-19 approved by the United States Food and Drug Administration, including, without limitation, information and data on any risk of harm associated with the administration of the vaccine or immunization, on the department's website.

(b) The information and data described in paragraph (a) of this subsection shall be presented in a manner that is understandable and accessible to all individuals.

(5) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for COVID-19, including without limitation:

(a) Coerce an employee into consenting to receive a vaccine or immunization for COVID-19;

(b) Withhold the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for COVID-19; or

(c) Withhold a salary, a wage increase, insurance or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for COVID-19.

(6) If the state, a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state receive a vaccine or immunization for COVID-19, the state, state agency or entity, political subdivision of the state, or state or local official shall provide notice that the recommendation is not mandatory.

(7) This section shall be repealed two (2) years from the date that the United States Food and Drug Administration first approved a vaccine or immunization for COVID-19.

SECTION 2. This act shall take effect and be in force from and after its passage.