MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services; State Affairs
By: Representative Arnold
AN ACT TO PROHIBIT STATE AGENCIES, PUBLIC OFFICIALS, STATE INSTITUTION OF HIGHER LEARNING, PUBLIC COMMUNITY COLLEGES, COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS AND OTHER POLITICAL SUBDIVISIONS OF THE STATE FROM REQUIRING CHILDREN, ADOLESCENTS OR ADULTS TO RECEIVE ANY VACCINATION OR IMMUNIZATION THAT IS NOT RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION; TO AMEND SECTIONS 41-23-37 AND 41-23-43, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. A state agency, public official, state institution of higher learning, public community college, county, municipality, school district or other political subdivision of the state shall not require children, adolescents or adults to receive any vaccination or immunization that is not recommended by the Centers for Disease Control and Prevention in the CDC's most recent Childhood Immunization Schedule or Adult Immunization Schedule, as applicable, for the age of the persons for whom vaccination or immunization is required.
SECTION 2. Section 41-23-37, Mississippi Code of 1972, is amended as follows:
41-23-37. 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. In specifying such immunization practices, the State Health Officer shall comply with the provisions of Section 1 of this act.
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 * * * for ten (10) or
less 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. In specifying the
required vaccinations under this paragraph, the State Health Officer shall comply
with the provisions of Section 1 of this act.
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.
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.
If a child shall offer 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.
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.
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 immunization requirements.
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.
It shall be the responsibility of the person in charge of each school to enforce the requirements for immunization. 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.
Failure to enforce provisions of this section shall constitute a misdemeanor and upon conviction be punishable by fine or imprisonment or both.
SECTION 3. Section 41-23-43, Mississippi Code of 1972, is amended as follows:
41-23-43. (1) As used in this section:
(a) "Department" means the Mississippi State Department of Health, Bioterrorism Division;
(b) "Director" means the Executive Director of the State Board of Health;
(c) "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product, to cause or attempt to cause death, disease or other biological malfunction in any living organism;
(d) "Disaster locations" means any geographical location where a bioterrorism attack, terrorist attack, catastrophic or natural disaster or emergency occurs;
(e) "First responders" means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies.
(2) The department shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. The vaccinations shall include, but are not limited to, hepatitis A vaccination, hepatitis B vaccination, diphtheria-tetanus vaccination, influenza vaccination, pneumococcal vaccination and other vaccinations when recommended by the United States Public Health Service and in accordance with Federal Emergency Management Directors Policy. Immune globulin will be made available when necessary.
(3) Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having "occupational exposure" to blood borne pathogens as defined by the Occupational Safety and Health Administration Standard contained at 29 CFR 1910.10300 who shall be required to take the designated vaccinations or otherwise required by law. In specifying the required vaccinations under this subsection, the department shall comply with the provisions of Section 1 of this act.
(4) A first responder shall be exempt from vaccinations when a written statement from a licensed physician is presented indicating that a vaccine is medically contraindicated for that person or the first responder signs a written statement that the administration of a vaccination conflicts with their religious tenets.
(5) If there is a vaccine shortage, the director, in consultation with the Governor and the Centers for Disease Control and Prevention, shall give priority for vaccination to first responders.
(6) The department shall notify first responders to the availability of the vaccination program and shall provide educational materials on ways to prevent exposure to infectious diseases.
(7) The department may contract with county and local health departments, not-for-profit home health care agencies, hospitals and physicians to administer a vaccination program for first responders.
(8) This section shall be effective upon receipt of federal funding and/or federal grants for administering a first responders vaccination program. Upon receipt of that funding, the department shall make available the vaccines to first responders as provided in this section.
SECTION 4. This act shall take effect and be in force from and after July 1, 2026.