MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Crawford
AN ACT TO PROHIBIT STATE AND LOCAL GOVERNMENTAL ENTITIES AND PUBLIC OFFICIALS FROM REQUIRING ANY PERSON TO BE VACCINATED AGAINST COVID-19; TO PROHIBIT GOVERNMENTAL ENTITIES AND PUBLIC OFFICIALS FROM TREATING PERSONS WHO ARE NOT VACCINATED AGAINST COVID-19 DIFFERENTLY FROM THOSE WHO ARE OR FROM REFUSING SERVICES OR GOODS BASED ON A PERSON'S COVID-19 VACCINATION STATUS; TO AUTHORIZE PUBLIC AND PRIVATE EMPLOYEE EXEMPTIONS FROM COVID-19 VACCINE MANDATES; 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 OR POSTSECONDARY EDUCATIONAL INSTITUTION IF THE CHILD'S PARENT OR GUARDIAN SUBMITS TO THE SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION 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 RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS; TO PRESCRIBE THE CONTENT TO BE INCLUDED IN THE LETTER OR AFFIDAVIT SUBMITTED TO THE SCHOOL DISTRICT, SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION OF ENROLLMENT; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EXEMPTIONS FROM THE IMMUNIZATION REQUIREMENTS LICENSED CHILD CARE FACILITIES WHEN A PARENT OR LEGAL GUARDIAN OBJECTS TO IMMUNIZATION OF THE CHILD ON THE GROUNDS THAT THE IMMUNIZATION CONFLICTS WITH THE RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS OF THE PARENT OR GUARDIAN; TO PROVIDE THAT A PARENT OR GUARDIAN MUST FIRST FURNISH THE RESPONSIBLE OFFICIAL OF THE FACILITY AN AFFIDAVIT IN WHICH THE PARENT OR GUARDIAN SWEARS OR AFFIRMS THAT THE IMMUNIZATION REQUIRED CONFLICTS WITH THE RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS OF THE PARENT OR GUARDIAN BEFORE A CHILD IS EXEMPTED FROM IMMUNIZATION ON RELIGIOUS GROUNDS; TO AMEND SECTION 41-88-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT A REQUIREMENT THAT CHILDREN BE VACCINATED AGAINST COVID-19 AS PART OF THE CHILD VACCINATION PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature finds and determines that mandates of the United States government that force employers to take actions related to the Coronavirus 2019 (COVID-19) vaccinations:
(a) Will be imposed on many public and private employers and employees in Mississippi;
(b) Will soon subject many public and private employers and employees in Mississippi to be forced to be vaccinated against the employee's will, or face impending terminations related to exercising their rights to refuse a COVID-19 vaccination;
(c) Are an overreach of government authority;
(d) Necessitated the need for immediate action by the Legislature to protect Mississippi employees from this type of excessive overreach.
(2) The Legislature intends for this act to:
(a) Protect public and private employees in Mississippi from impending terminations due to vaccination mandates; and
(b) Create the ability for funding to be available to assist employees in Mississippi with the costs associated with testing related to the vaccination mandate through the methods provided in this act, including, without limitation, COVID-19 relief funds distributed from the American Rescue Plan Act of 2021, Public Law 117-2.
SECTION 2. (1) Notwithstanding any other provision of law, including during the continuance of any COVID-19 state of emergency, a governmental entity or public official may not adopt, implement or enforce any law, rule, regulation, ordinance, proclamation, resolution, order or other instrument imposing a mandate, either directly or indirectly, which requires an individual to be vaccinated against COVID-19.
(2) (a) Except as provided in paragraph (b) of this subsection, an adult individual may not be required for any reason to be vaccinated against COVID-19 unless the individual chooses to be vaccinated against COVID-19.
(b) An adult individual who is incapacitated may not be required for any reason to be vaccinated against COVID-19 unless the legal guardian of the incapacitated adult chooses to have the incapacitated adult vaccinated against COVID-19.
(c) A minor under eighteen (18) years of age may not be required for any reason to be vaccinated against COVID-19 unless the minor's parent or legal guardian chooses to have the minor vaccinated against COVID-19.
(d) Any adult individual or minor under the age of eighteen (18) years, at the decision of such minor's parent or guardian, may refuse vaccination for any reason based on such individual's religious, philosophical or conscientious beliefs.
(3) A governmental entity or public official may not:
(a) Require an individual who has not been vaccinated against COVID-19 to engage in or refrain from engaging in activities or precautions that differ from the activities or precautions of an individual who has been vaccinated against COVID-19;
(b) Refuse, withhold from, or deny a person local or state services, goods, facilities, privileges, licensing, educational opportunities, health care access or employment opportunities based on the person's COVID-19 vaccination status; or
(c) Discriminate against an employee in compensation or in a term, condition or privilege of employment based on the person's COVID-19 vaccination status.
(4) For purposes of this section:
(a) "COVID-19" means the novel Coronavirus identified as SARS-CoV-2, the disease, health condition or threat caused by the novel Coronavirus SARS-CoV-2, or a virus mutating therefrom, and conditions associated with the disease.
(b) "COVID-19 state of emergency" means:
(i) A public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services under Section 319 of the Public Health Service Act (42 USC Section 247d);
(ii) A Presidential declaration of emergency related to COVID-19 under the National Emergencies Act or the Stafford Act; or
(iii) A state of emergency related to COVID-19 proclaimed by the Governor of the State of Mississippi under Section 33-15-11(b)(17).
(c) "Governmental entity" means any branch, board, commission, department, office, agency or other instrumentality of state government or of a county, municipality, school district, community college district or any other political subdivision of this state.
(d) "Public official" means:
(i) Any elected official of the State of Mississippi or any political subdivision of the state or any other body politic within the State of Mississippi; or
(ii) Any member, officer, director, commissioner, supervisor, chief, head, agent or employee of the State of Mississippi, or any agency of the state, of any political subdivision of the State of Mississippi, of any body politic within the State of Mississippi, or of any other governmental entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the state, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds.
SECTION 3. (1) A public or private employer that requires or is mandated to require vaccination or immunization for Coronavirus 2019 (COVID-19) or its variants for its employees shall provide an exemption process.
(2) The exemption process shall include options to allow the employee to produce either:
(a) A negative antigen detection test result or molecular diagnostic test result no more than one (1) time per week showing that the employee is not positive for COVID-19; or
(b) Proof of immunity for the virus that causes COVID-19 or its variants, including, without limitation, the presence of antibodies, T-cell response, or proof of a positive COVID-19 or its variants test, on a basis of two (2) times per year, not to exceed one (1) time every six (6) months, from a licensed healthcare provider; or
(c) Submit a signed and notarized letter, affidavit or certificate of exemption from vaccination for religious, philosophical or conscientious beliefs.
(3) If multiple proven test processes are available to an employee under subsection (2) of this section, the employee may choose which test to take.
(4) The employee may provide test results obtained outside of the employer or a licensed healthcare provider if the test meets the guidelines contained within the Policy for Coronavirus Disease-2019 Tests During the Public Health Emergency (Revised) issued by the United States Department of Health and Human Services Food and Drug Administration Center for Devices and Radiological Health.
(a) The cost of the testing shall be covered through any state or federal funding made available, including without limitation, COVID-19 relief funds distributed from the American Rescue Plan Act of 2021, Public Law 117-2, if the employee's health benefit plan does not provide coverage for the testing.
(b) In the event that the cost of testing under subsection (3) of this section is not available, the cost of the testing shall be covered by the employee.
(5) An employer shall provide the exemption process required under this section in addition to any other exemptions offered by the employer.
(6) If an employee complies with the requirements of the exemption process related to COVID-19 as required by this section, the employee shall not be terminated for mandates related to COVID-19.
(7) Nothing in this section should be interpreted to modify any other agreements between the employer and employee or to amend or affect the employment-at-will doctrine, whether written or otherwise.
(8) The Department of Finance and Administration shall establish rules regarding the method of distribution of COVID-19 relief funds from the American Rescue Plan Act of 2021, Public Law 117-2, to employees and employers to cover the cost of testing, to include without limitation the:
(a) Timely distribution of funds to recipients within thirty (30) days;
(b) Establishment of an option for distribution to an employer that chooses to receive funds for disbursement to employees; and
(c) Verification and method of authentication of receipts that shall meet legislative auditing requirements, including without limitation the development of forms.
(9) If an employee is terminated due to the employer's violation of this section, the employee may be eligible for unemployment benefits in addition to any other remedy available to the employee.
(10) This section shall be repealed July 31, 2023, unless extended by the Legislature.
SECTION 4. 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 as provided for in this section.
(3)
(a) A letter or certificate of exemption from vaccination for
medical reasons may be offered on behalf of a child by a duly licensed physician
in any state and provided on the stationery of that physician may
be accepted by the local health officer and presented to the school on
behalf of a child when, in his opinion, * * * is contraindicated for medical reasons
and that the exemption will not cause undue risk to the community.
(b) A letter or certificate of exemption from vaccination for religious or philosophical beliefs may be submitted to the school on behalf of a child by the child's parent or guardian.
(c) A letter or certificate of exemption from vaccination for conscientious beliefs may be submitted to the school on behalf of a child by the child's parent or guardian.
(4) (a) No child seeking claiming an exemption authorized under subsection (3)(b) shall be required to comply with the requirements of this section for any specific vaccination in order to attend the school, provided that 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 on an exemption form provided by the State Department of Health, which documents the required vaccinations which have been administered, and which vaccinations have not been administered on the basis that they are contrary to his or her religious or philosophical beliefs. The letter or affidavit must be signed by the parent or guardian or emancipated minor, and which such affidavit must be notarized.
(b) 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, shall submit a letter or affidavit to the school district, school or postsecondary educational institution of enrollment specifically stating the reasons for the philosophical and religious exemption from vaccinations sought, in addition to a statement as to whether the aversion is to some or all vaccinations. The letter or affidavit submitted shall also include, but not be limited to, the following:
(i) A statement that the parent or guardian 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, has been informed by a health care practitioner and school district regarding the risks and benefits of receiving vaccinations or not receiving vaccinations; and
(ii) A statement of understanding that:
1. At the discretion of the State Department of Health or local health officer, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
2. The child or individual shall not return to school until the outbreak has been resolved and the State Department of Health or local health officer approves the return to school.
(5) (a) No child seeking claiming an exemption authorized under subsection (3)(b) on the basis of conscientious beliefs shall be required to comply with the requirements of this section for any specific vaccination in order to attend the school, provided that 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 on an exemption form provided by the State Department of Health, which must be signed by the parent or guardian or emancipated minor, and which such affidavit must be notarized.
(b) A blank exemption form for conscientious beliefs may be obtained by the parent or guardian of a minor child or by the emancipated minor 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.
(c) The exemption form for conscientious beliefs must contain a statement indicating that the parent or guardian of a minor child or the emancipated minor 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 or emancipated minor 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 or emancipated minor must submit a new form every school calendar year for which they are claiming an exemption from vaccination requirements for conscientious beliefs.
(6)
Certificates of vaccination shall be issued by local health officers or
physicians on forms specified by the * * * State * * * Department 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.
(7)
If a child * * *
who is not exempt from vaccination under subsection (3), (4) or (5) of this
section offers to enroll at a school or postsecondary educational
institution without having completed the required vaccinations, 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, * * * the delay will not cause undue risk
to the child, the school or the community. No child who is not exempt from vaccination
under subsection (3), (4) or (5) of this section shall be enrolled without
having had at least one (1) dose of each specified vaccine.
(8)
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 * * * State * * * Department 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.
(9) 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 or postsecondary educational institution shall certify to the local or county health officer that all children enrolled who are not exempt from vaccination under subsection (3), (4) or (5) of this section are in compliance with the immunization requirements.
(10)
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 or postsecondary educational institution.
(11)
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 who is not exempt from vaccination under subsection (3), (4) or
(5) of this section 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.
(12) Failure to enforce provisions of this section shall constitute a misdemeanor and, upon conviction, be punishable by fine or imprisonment or both.
SECTION 5. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) (a) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
(b) The immunization requirements of this subsection shall not apply to a child whose parent or legal guardian objects to immunization of the child on the grounds that the immunization conflicts with the religious, philosophical or conscientious beliefs of the parent or guardian. For a child to be exempt from immunization on religious grounds, philosophical or conscientious beliefs, the parent or guardian must first furnish the responsible official of the school or facility an affidavit in which the parent or guardian swears or affirms that the immunization required conflicts with the religious, philosophical or conscientious beliefs of the parent or guardian.
SECTION 6. Section 41-88-3, Mississippi Code of 1972, is amended as follows:
41-88-3. (1) The State Department of Health is responsible for assuring that all children in the state are appropriately immunized against vaccine-preventable diseases. In order to improve the state's immunization levels in children, the State Department of Health shall enhance current immunization activities and focus on children receiving all recommended immunizations by twenty-four (24) months of age. The immunizations shall be administered according to the recommendations of the national Advisory Committee on Immunization Practices (ACIP); however, notwithstanding the ACIP recommendations or any law, rule, regulation, ordinance, proclamation, resolution, order or other governmental instrument to the contrary, a child may not be required to be vaccinated against COVID-19. The administration of vaccine shall not be delayed due to a reluctance of the health care provider to administer multiple immunizations in a visit. The department shall improve parent compliance and provide more timely scheduling, recall and follow-up in order to achieve national and state immunization level goals.
(2) The State Department of Health shall establish a statewide childhood immunization registry to which all health care providers will report the administration of childhood immunizations. The State Board of Health will promulgate rules and regulations needed to implement this section. The department shall make information regarding the immunization status of children in the registry available to the parents/guardians of the child, health care providers and individuals or organizations that are required to report on the immunizations status of children in their care.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.