MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Huggins
AN ACT TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO PROVIDE A VACCINATION PROGRAM FOR FIRST RESPONDERS WHO MAY BE EXPOSED TO INFECTIOUS DISEASES WHEN SENT TO BIOTERRORISM OR DISASTER LOCATIONS; TO PROVIDE THAT THIS PROGRAM IS SUBJECT TO THE RECEIPT OF FEDERAL FUNDS; TO REQUIRE STUDENTS WHO RESIDE IN UNIVERSITY ON-CAMPUS HOUSING TO BE VACCINATED AGAINST MENINGITIS; TO REQUIRE STUDENTS WHO ENROLL IN PUBLIC OR PRIVATE TWO-YEAR OR FOUR-YEAR COLLEGES OR UNIVERSITIES TO BE VACCINATED AGAINST HEPATITIS A AND B; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (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; and
(e) "First responders" means state and local law enforcement personnel, fire department personnel and emergency medical 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, diptheria-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 will 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.
(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) In the event of 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 such funding, the department shall make available the vaccines to first responders as provided in this section.
SECTION 2. (1) Beginning with the 2003-2004 school year, an individual enrolled in an institution of higher learning who resides in on-campus student housing shall be vaccinated against meningitis. Provided, however, an individual is exempt from vaccination if, after receiving detailed information from the institution of higher learning on the risks associated with meningitis and the availability and effectiveness of available vaccine, the individual signs a written waiver stating that he/she has received and reviewed the information and has chosen not to be vaccinated; or, if the individual is a minor, the parent or guardian signs such waiver.
(2) Nothing in this act shall be construed to require any institution of higher learning to provide or pay for vaccinations against meningitis.
SECTION 3. (1) A person enrolling as a full-time or part-time student at a public or private two-year or four-year college or university in this state shall present evidence of vaccinations against Hepatitis A and B or shall complete vaccinations within nine (9) months of attendance as a condition of continued attendance at that college or university, except as provided in subsection (3) of this section.
(2) The college or university shall provide enrolling persons with educational information of Hepatitis A and B. The college or university is not required to provide or pay for vaccinations against Hepatitis A and B.
(3) A student shall not be required to receive a vaccination based upon one of the following:
(a) A written statement submitted to the college or university by a licensed physician indicating that the vaccine is medically contraindicated shall exempt a person from the vaccination; or
(b) A written statement submitted to the college or university by the student, or the student's parent or guardian if the student is a minor, explaining how the administration of the vaccine conflicts with the bona fide religious tenets or practices of the student, or the parent or guardian, as appropriate, except that a general philosophical or moral objection to the vaccination shall not be sufficient for an exemption on religious grounds.
SECTION 4. This act shall take effect and be in force from and after July 1, 2003.