MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Education
By: Representative Crawford
AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD WILL BE EXEMPT FROM THE REQUIREMENT TO HAVE ANY SPECIFIC VACCINATION IN ORDER TO ATTEND A SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION IF THE CHILD'S PARENT OR GUARDIAN SUBMITS TO THE SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION A LETTER OR AFFIDAVIT THAT DOCUMENTS WHICH REQUIRED VACCINATIONS HAVE BEEN GIVEN, AND WHICH VACCINATIONS HAVE NOT BEEN GIVEN ON THE BASIS THAT THEY ARE CONTRARY TO HIS OR HER RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS; TO PRESCRIBE THE CONTENT TO BE INCLUDED IN THE LETTER OR AFFIDAVIT SUBMITTED TO THE SCHOOL DISTRICT, SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION OF ENROLLMENT; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EXEMPTIONS FROM THE IMMUNIZATION REQUIREMENTS LICENSED CHILD CARE FACILITIES WHEN A PARENT OR LEGAL GUARDIAN OBJECTS TO IMMUNIZATION OF THE CHILD ON THE GROUNDS THAT THE IMMUNIZATION CONFLICTS WITH THE RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS OF THE PARENT OR GUARDIAN; TO PROVIDE THAT A PARENT OR GUARDIAN MUST FIRST FURNISH THE RESPONSIBLE OFFICIAL OF THE FACILITY AN AFFIDAVIT IN WHICH THE PARENT OR GUARDIAN SWEARS OR AFFIRMS THAT THE IMMUNIZATION REQUIRED CONFLICTS WITH THE RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS OF THE PARENT OR GUARDIAN BEFORE A CHILD IS EXEMPTED FROM IMMUNIZATION ON RELIGIOUS GROUNDS; 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 certificate of exemption from vaccination as provided for in this section.
(3)
(a) A letter or certificate of exemption from vaccination for
medical reasons may be offered on behalf of a child by a duly licensed physician
in any state and provided on the stationery of that physician may
be accepted by the local health officer and presented to the school on
behalf of a child when, in his opinion, * * * is contraindicated for medical reasons
and that the exemption will not cause undue risk to the community.
(b) A letter or certificate of exemption from vaccination for religious or philosophical beliefs may be submitted to the school on behalf of a child by the child's parent or guardian.
(c) A letter or certificate of exemption from vaccination for conscientious beliefs may be submitted to the school on behalf of a child by the child's parent or guardian.
(4) (a) No child seeking claiming an exemption authorized under subsection (3)(b) shall be required to comply with the requirements of this section for any specific vaccination in order to attend the school, provided that the parent or guardian or adult who has assumed responsibility for the child's care and custody in the case of a minor, or the child seeking admission if an emancipated minor, submits to the school a letter or affidavit on an exemption form provided by the State Department of Health, which documents the required vaccinations which have been administered, and which vaccinations have not been administered on the basis that they are contrary to his or her religious or philosophical beliefs. The letter or affidavit must be signed by the parent or guardian or emancipated minor, and which such affidavit must be notarized.
(b) The parent or guardian or adult who has assumed responsibility for the child's care and custody in the case of a minor, or the child seeking admission if an emancipated minor, shall submit a letter or affidavit to the school district, school or postsecondary educational institution of enrollment specifically stating the reasons for the philosophical and religious exemption from vaccinations sought, in addition to a statement as to whether the aversion is to some or all vaccinations. The letter or affidavit submitted shall also include, but not be limited to, the following:
(i) A statement that the parent or guardian who has assumed responsibility for the child's care and custody, in the case of a minor, or the child seeking admission if an emancipated minor, has been informed by a health care practitioner and school district regarding the risks and benefits of receiving vaccinations or not receiving vaccinations; and
(ii) A statement of understanding that:
1. At the discretion of the State Department of Health or local health officer, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
2. The child or individual shall not return to school until the outbreak has been resolved and the State Department of Health or local health officer approves the return to school.
(5) (a) No child seeking claiming an exemption authorized under subsection (3)(b) on the basis of conscientious beliefs shall be required to comply with the requirements of this section for any specific vaccination in order to attend the school, provided that the parent or guardian or adult who has assumed responsibility for the child's care and custody in the case of a minor, or the child seeking admission if an emancipated minor, submits to the school a letter or affidavit on an exemption form provided by the State Department of Health, which must be signed by the parent or guardian or emancipated minor, and which such affidavit must be notarized.
(b) A blank exemption form for conscientious beliefs may be obtained by the parent or guardian of a minor child or by the emancipated minor by submitting a written request for the exemption form to the State Department of Health or the county health department or by downloading the exemption form from the website of the State Department of Health.
(c) The exemption form for conscientious beliefs must contain a statement indicating that the parent or guardian of a minor child or the emancipated minor understands the benefits and risks of vaccinations and the benefits and risks of not being vaccinated. In addition, it must contain a section where the parent or guardian or emancipated minor can list the specific vaccination or vaccinations for which the exemption applies. The completed and notarized exemption form shall expire one (1) year from the date signed by the parent or guardian. The parent or guardian or emancipated minor must submit a new form every school calendar year for which they are claiming an exemption from vaccination requirements for conscientious beliefs.
(6)
Certificates of vaccination shall be issued by local health officers or
physicians on forms specified by the * * * State * * * Department 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.
(7)
If a child * * *
who is not exempt from vaccination under subsection (3), (4) or (5) of this
section offers to enroll at a school or postsecondary educational
institution without having completed the required 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, * * * the delay will not cause undue risk
to the child, the school or the community. No child who is not exempt from vaccination
under subsection (3), (4) or (5) of this section shall be enrolled without
having had at least one (1) dose of each specified vaccine.
(8)
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 * * * State * * * Department 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 certificate of exemption.
(9) 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 or postsecondary educational institution shall certify to the local or county health officer that all children enrolled who are not exempt from vaccination under subsection (3), (4) or (5) of this section are in compliance with the immunization requirements.
(10)
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 or postsecondary educational institution.
(11)
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 who is not exempt from vaccination under subsection (3), (4) or
(5) of this section is 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.
(12) Failure to enforce provisions of this section shall constitute a misdemeanor and, upon conviction, be punishable by fine or imprisonment or both.
SECTION 2. 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;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(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) (a) 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.
(b) The immunization requirements of this subsection shall not apply to a child whose parent or legal guardian objects to immunization of the child on the grounds that the immunization conflicts with the religious, philosophical or conscientious beliefs of the parent or guardian. For a child to be exempt from immunization on religious grounds, philosophical or conscientious beliefs, the parent or guardian must first furnish the responsible official of the school or facility an affidavit in which the parent or guardian swears or affirms that the immunization required conflicts with the religious, philosophical or conscientious beliefs of the parent or guardian.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.