Senate Bill 2154

AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD SHALL BE EXEMPT FROM THE VACCINE REQUIREMENTS IN ORDER TO ATTEND 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 THEIR COUNTY HEALTH DEPARTMENT A COMPLETED RELIGIOUS EXEMPTION REQUEST 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 BELIEFS; TO PROVIDE THAT THE COUNTY HEALTH DEPARTMENT SHALL SUBMIT THE REQUEST TO THE STATE DEPARTMENT OF HEALTH; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ACCEPT AND ISSUE A CERTIFICATE OF RELIGIOUS EXEMPTION IF THE REQUEST INCLUDES ALL OF THE REQUIRED COMPONENTS; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL PROMULGATE A RELIGIOUS EXEMPTION REQUEST FORM THAT MUST INCLUDE CERTAIN STATEMENTS; TO PROVIDE THAT A CHILD MAY STILL BE EXCLUDED FROM SCHOOL IF ANY VACCINE-PREVENTABLE DISEASE FOR WHICH THE CHILD HAS NOT BEEN IMMUNIZED IS OCCURRING OR THREATENING TO OCCUR IN THE COMMUNITY; TO PROVIDE THAT THE CHILD SHALL NOT RETURN TO SCHOOL UNTIL THE OUTBREAK HAS BEEN RESOLVED AND THE DEPARTMENT OF HEALTH APPROVES THE RETURN TO SCHOOL; 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, * * * ~~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.

(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) (a) While seeking to attend any school, a child shall not 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 their County Health Department a completed Religious Exemption Request 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 beliefs. The County Health Department shall submit the Request to the State Department of Health. The State Department of Health shall accept and issue a Certificate of Religious Exemption if the request includes all of the required components. The Department shall mail a copy of the Certificate of Religious Exemption to the parent, guardian, responsible adult or emancipated minor, as the case may be, and the daycare or school indicated on the Religious Exemption Request.

(b) The State Department of Health shall promulgate a Religious Exemption Request form that shall 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 Department of Health or local health officer, if any vaccine-preventable diseases for which the child has not been adequately immunized are occurring in or threatening to occur in the community, the child will, for the safety and benefit of the child and other children, be excluded from day care or school until the infectious disease is no longer present or is no longer a threat to the safety and welfare of the child or other children in the day care or school; and

2. The child or individual shall not return to school until the outbreak has been resolved and the Department of Health or local health officer approves the return to school.

(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 * * * ~~shall~~ who is not exempt under subsection (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 (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. Except for the children who are exempt under subsection (4) of this section, 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 attribute the delay to lack of supply of vaccine or some other such factor clearly making compliance impossible.

(11) Failure to enforce provisions of this 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, 2024.