MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Kirby
AN ACT TO CREATE SECTION 41-9-39, MISSISSIPPI CODE OF 1972, TO REQUIRE FLU VACCINATIONS TO BE OFFERED BY HOSPITALS TO CERTAIN PATIENTS PRIOR TO DISCHARGE; TO AMEND SECTION 41-9-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-9-39, Mississippi Code of 1972:
41-9-39. (1) Each year from October 1 through March 1 and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each hospital shall offer, prior to discharge, immunizations against influenza virus to all inpatients sixty-five (65) years of age and older unless contraindicated and contingent upon the availability of the vaccine.
(2) Any hospital, or employee thereof, shall be immune from civil liability for any personal injury as a result of complying or not complying with the requirements of subsection (1) if the hospital or employee's action or failure to act do not amount to willful or wanton misconduct or gross negligence.
SECTION 2. Section 41-9-1, Mississippi Code of 1972, is amended as follows:
41-9-1. The purpose of
Sections 41-9-1 through 41-9- * * *39 is to protect and promote the
public health by providing for the development, establishment and enforcement
of certain standards in the construction, maintenance and operation of
hospitals which will insure safe, sanitary and reasonably adequate care and
treatment of individuals in hospitals. The legislature hereby finds that the
protection and promotion of the public health requires the measures provided
for in said sections.
SECTION 3. This act shall take effect and be in force from and after its passage.