MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary B; Education

By: Representative Eubanks

House Bill 1504

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 * * *hereinafter 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 * * *, Mississippi Code of 1972, for ten (10) or * * *less fewer children who are related within the third degree computed according to the civil law to the operator, unless they * * *shall first have been vaccinated against those diseases specified by the State Health Officer have a certificate of vaccination or have submitted to the school a letter of exemption from vaccination.

     (3)  (a)  A * * *certificate 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 * * *offered presented to the school on behalf of a child * * *by a duly licensed physician and may be accepted by the local health officer when, in his opinion, such exemption will not cause undue risk to the community 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 * * *these the immunization requirements of this section, and the responsible school officials shall file the form with the child's record.

     (5)  If a child * * *shall 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 * * *such 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 * * *for such 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 * * *immunization 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 * * *shall 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.