Senate Bill 2992

AN ACT TO ESTABLISH AN INFLUENZA VACCINATION SCHOOL PILOT PROGRAM IN MISSISSIPPI FOR SCHOOL-AGED CHILDREN 5 THROUGH 18 YEARS OF AGE TO BE ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE CERTAIN STANDARDS FOR THE PROGRAM; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE DEPARTMENT OF HEALTH TO PRESCRIBE CERTAIN RESPONSIBILITIES ON LICENSED CHILD CARE FACILITIES RELATING TO IMMUNIZATION INFORMATION; AND FOR RELATED PURPOSES.

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

SECTION 1. The State of Mississippi finds as follows:

(a) Influenza is a contagious respiratory illness caused by influenza viruses. The best way to help prevent seasonal influenza is by getting a vaccination each year.

(b) Every year in the United States, on average, more than two hundred thousand (200,000) people are hospitalized from influenza-related complications and about thirty-six thousand (36,000) people, mostly the elderly, die from influenza-related causes.

(c) The U.S. Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices recommends routine seasonal influenza vaccinations for all children aged six (6) months through eighteen (18) years with influenza vaccine, effective July 1, 2008.

(d) Children and young adults five (5) years to nineteen (19) years of age are 3 to 4 times more likely to be infected with influenza than adults.

(e) School-aged children are the population group most responsible for transmission of contagious respiratory viruses, including influenza.

(f) The elderly are the next most vulnerable population to severe illness from influenza due to weaker immune response to vaccination.

(g) School-based vaccination programs may be effective ways to vaccinate children while reducing transmission and infection rates to the larger community and at the same time reducing rates of school absenteeism due to children being infected with influenza.

(h) Increased focus on providing influenza vaccine to children targeted for immunization will also help efforts to build a sound foundation for future vaccination efforts.

(i) Schools can be an effective infrastructure tool to improve pandemic planning by identifying known and effective pandemic vaccination centers.

(j) School-based programs may help facilitate mass immunization clinics and build partnerships with local public health teams, in the event of a public health emergency such as a pandemic.

(k) Although experience has demonstrated the feasibility and success of school-based influenza vaccination programs in vaccinating children, funding and logistical issues, particularly involving the delivery of vaccine to children with private insurance coverage, are issues with program sustainability.

SECTION 2. (1) The State Department of Health, in consultation with the State Department of Education shall establish a school-based influenza mass vaccination pilot program in elementary and secondary schools to vaccinate children against influenza:

(a) The program under this section shall be designed to administer influenza vaccines consistent with the recommendations of the U.S. Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) for the annual vaccination of all school-aged children five (5) through eighteen (18) years of age.

(b) The State Department of Health may implement these programs through coordination with local health departments, school nurses, school healthcare programs or other local entities.

(c) Participation in the programs by a school district or an individual shall be voluntary. The vaccine shall be administered with the consent of a student's parent or legal guardian.

(d) The preservative "thymerasol" cannot be used in any of the vaccines that are a part of the pilot program.

(2) In implementing the programs, the State Department of Health shall maximize the use of influenza vaccine available through existing public entitlement and discretionary resources and private immunization coverage in the following manner:

(a) For children who are eligible for the federal Vaccines for Children program, the State Department of Health shall provide influenza vaccine for these children through existing entitlement and discretionary funding for vaccine and coordinate with the state Medicaid program to ensure reimbursement for the administration fee.

(b) For children who have private insurance that covers influenza vaccination, the State Department of Health shall work with the state Insurance Commissioner, private insurers and vaccine stakeholders to coordinate the accessibility of coverage for all reasonable and customary expenses, including the cost of the vaccine and administration fee, incurred when influenza vaccine is administered outside of the physician's office in a school or other related settings.

(c) For children not covered for influenza vaccination by a federally funded program or private insurance, the State Department of Health shall explore alternative funding options through federal discretionary funds (317 grants), state funds or the receipt and expenditure of an appropriation, grant or donation by a public or private source to implement the program.

(3) The programs under this section shall not restrict the discretion of a healthcare provider to administer any seasonal influenza vaccine approved by the federal Food and Drug Administration for use in pediatric populations.

(4) Influenza vaccine should be offered to all children as soon as a vaccine becomes available before the start of the season and should continue throughout the entire influenza season.

SECTION 3. 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;

(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) 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.

(10) Each licensed child care facility shall, by July 1 of every year, provide each child's parent or legal guardian with information relative to the risks associated with influenza and the availability, effectiveness and modes of administration of influenza vaccines. Such information shall be updated annually to include new information and shall include the following:

(a) The causes and symptoms of influenza and means by which influenza is transmitted;

(b) The infection rates of influenza in children;

(c) Information about the U.S. Centers for Disease Control and Prevention's (CDC) recommendations for routine, seasonal vaccination of all children aged six (6) months through eighteen (18) years; and

(d) Sources in which a parent or legal guardian may obtain additional information and where a child may be immunized against influenza.

The State Department of Health shall develop and provide information on influenza immunization to each licensed child care facility, which shall provide such information to each child's parent or legal guardian. The State Department of Health shall determine the most cost-effective and efficient means of distributing such information. The State Department of Health may work with public health organizations and vaccine stakeholders in developing and distributing the information.

(11) Nothing in this section shall be construed to require any licensed child care facility to provide or pay for immunizations against influenza. However, if a licensed child care facility requests assistance in providing influenza vaccine on-site to children in accordance with their parent or legal guardian's approval, the department shall work with the licensed child care facility to provide advice and influenza vaccine for children who qualify for such vaccine through the federal Vaccines for Children (VFC) program.

(12) The State Department of Health shall establish by rules and regulations all guidelines and procedures for carrying out the provisions of this section in accordance with the Administrative Procedure Act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2010.