MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B; Education
By: Representatives Eubanks, Hopkins
AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY FOR PARENTS OR GUARDIANS OF SCHOOL-AGE CHILDREN TO OBTAIN LETTERS OF EXEMPTION FROM VACCINATIONS OR LIMITING THE NUMBER OF VACCINATIONS FOR MEDICAL REASONS IN ORDER FOR THE CHILD TO ATTEND SCHOOL; TO PROVIDE THAT IN ORDER TO CLAIM AN EXEMPTION FROM A REQUIRED VACCINATION FOR MEDICAL REASONS, THE CHILD'S PARENT OR GUARDIAN MUST PRESENT A LETTER FROM A PHYSICIAN STATING THAT THE REQUIRED VACCINE IS MEDICALLY CONTRAINDICATED OR POSES A SIGNIFICANT RISK TO OR WOULD BE INJURIOUS TO THE HEALTH AND WELL‐BEING OF THE CHILD OR ANY MEMBER OF THE CHILD'S HOUSEHOLD; TO PROVIDE THAT EXEMPTIONS FROM VACCINATIONS FOR MEDICAL REASONS WILL BE VALID THE DURATION OF THE CHILD'S ATTENDANCE IN A SCHOOL DISTRICT; TO PROVIDE THAT THE OPINION OF THE PHYSICIAN WHO SIGNED THE LETTER IS FINAL AND THE SCHOOL TO WHICH THE LETTER IS PRESENTED MUST ACCEPT THE LETTER; 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 * * *
in this section, 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 * * * fewer children who are related within
the third degree computed according to the civil law to the operator, unless
they * * *
have a certificate of vaccination or
have submitted to the school a letter of exemption from vaccination.
(3) (a) A * * * letter of exemption
from vaccination or a letter limiting the number of vaccinations for
medical reasons that meets the requirements of this subsection written on
the stationery of a physician may be * * * presented to the school on
behalf of a child * * *
by the child's parent or guardian.
(b) To claim an exemption from a required vaccination for medical reasons, the parent or guardian of the child must present a letter written on the stationery of a physician (M.D. or D.O.) (i) who is duly registered and licensed to practice medicine in the United States, (ii) whose office in which he or she practices is located in Mississippi or within sixty (60) miles of the child's residence if the office is located out of state, and (iii) who has examined the child in person and not by telemedicine, in which it is stated that, in the physician's medical judgment and opinion, the required vaccine is medically contraindicated or poses a significant risk to or would be injurious to the health and well‐being of the child or any member of the child's household. Unless it is written in the letter that a lifelong condition exists, the letter of exemption is valid for the duration of the child's attendance in the school district. If a child is transferred to a new school district, the provisions of this subsection must be met for enrollment and admission in that school district.
(c) If a letter of exemption from vaccination or letter limiting the number of vaccinations meets the requirements of this subsection, the opinion of the physician who signed the letter of exemption is final and may not be contradicted or rejected by the local health officer or the State Department of Health, and the school to which the certificate is presented must accept the letter of exemption.
(4) 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 * * * the immunization requirements of
this section, and the responsible school officials shall file the form with
the child's record.
(5) If a child * * * offers to enroll at a school
without having completed the required vaccinations or
submitting a letter of exemption from vaccination or a letter limiting the
number of vaccinations, the local health officer may grant a period
of time up to ninety (90) days for * * * that 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 without
a certificate of exemption from vaccination or letter limiting the number of
vaccinations shall be enrolled
without having had at least one (1) dose of each specified vaccine.
(6)
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 * * * of a letter of exemption.
(7) 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 the immunization requirements of this section or have submitted a letter of exemption from vaccination or a letter limiting the number of vaccinations.
(8)
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 * * * vaccination compliance by
the school.
(9)
It shall be the responsibility of the person in charge of each school to
enforce the requirements for immunization and exemption from vaccination.
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 * * * attributes the delay to lack of
supply of vaccine or some other such factor clearly making compliance
impossible.
(10) 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, 2018.