Bill Text: MS SB2533 | 2026 | Regular Session | Introduced

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Bill Title: Mississippi Immunization Privacy and Parental Rights Act; enact.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2533 Detail]

Download: Mississippi-2026-SB2533-Introduced.html

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Welfare

By: Senator(s) Hill

Senate Bill 2533

AN ACT TO ENACT THE MISSISSIPPI IMMUNIZATION PRIVACY AND PARENTAL RIGHTS ACT; TO SET FORTH THE PURPOSE OF AND TO DEFINE TERMS USED IN THIS ACT; TO PROVIDE THAT NO INDIVIDUAL SHALL BE REQUIRED TO HAVE THEIR IMMUNIZATION INFORMATION STORED OR MAINTAINED IN THE MISSISSIPPI IMMUNIZATION INFORMATION EXCHANGE (MIIX), THAT PARENTS SHALL HAVE THE RIGHT TO OPT THEIR MINOR CHILDREN OUT OF MIIX AT ANY TIME, AND THAT ADULTS SHALL HAVE THE RIGHT TO OPT THEMSELVES OUT OF MIIX AT ANY TIME; TO REQUIRE INFORMED CONSENT PRIOR TO ENTRY INTO MIIX; TO SET FORTH THE OPT-OUT PROCEDURE; TO ENABLE TIMELY DATA REMOVAL FROM MIIX UPON RECEIPT OF AN OPT-OUT REQUEST; TO PROHIBIT DISCRIMINATION OR DENIAL OF SERVICES FOR ELECTING TO OPT-OUT; TO SET FORTH PENALTIES FOR VIOLATIONS; TO DIRECT THE MISSISSIPPI STATE DEPARTMENT OF HEALTH TO PROMULGATE RULES TO IMPLEMENT THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  This act shall be known and may be cited as the "Mississippi Immunization Privacy and Parental Rights Act."

     SECTION 2.  The purpose of this act is to ensure that Mississippi families have the right to control whether their child's or their own immunization information is stored, retained or disclosed within the Mississippi Immunization Information eXchange (MIIX), and to ensure that no individual is entered into the system without being fully informed of the right to opt out.

     SECTION 3.  For purposes of this act:

          (a)  "MIIX" means the Mississippi Immunization Information eXchange operated by the Mississippi State Department of Health.

          (b)  "Department" means the Mississippi State Department of Health.

          (c)  "Provider" means any healthcare professional, clinic, facility, pharmacy, hospital or other entity authorized to administer vaccines in Mississippi.

          (d)  "Parent" includes a legal guardian and a person standing in loco parentis.

          (e)  "Individual" means an adult eighteen (18) years of age or older or the parent of a minor child.

     SECTION 4.  (1)  No individual shall be required to have their immunization information stored or maintained in MIIX.

     (2)  Parents shall have the right to opt their minor children out of MIIX at any time.

     (3)  Adults shall have the right to opt themselves out of MIIX at any time.

     SECTION 5.  (1) A provider shall not enter or transmit any immunization record, demographic information, or other identifying information about a child into MIIX unless:

          (a)  The provider has first given the parent a written notice of their right to opt out; and

          (b)  The parent has not exercised the opt-out right.

     (2)  For adults, no record shall be entered into MIIX unless the individual has been notified in writing of the right to opt out and has not exercised that right.

     (3) The Mississippi State Department of Health shall create a standard one-page disclosure form for use statewide.

     SECTION 6.  (1) An individual or parent may opt out of MIIX by doing any of the following:

          (a)  Submitting a written opt-out request to their provider;

          (b)  Submitting a written or electronic opt-out request directly to the Mississippi State Department of Health; or

          (c)  Completing an online form, if offered by the department.

     (2) Providers shall forward any opt-out forms received to the department within five (5) business days.

     SECTION 7.  (1)  Upon receipt of an opt-out request, the Mississippi State Department of Health shall remove the individual's record from MIIX within thirty (30) days.

     (2)  Removed data shall not be retained, archived, disclosed or otherwise used for any purpose except to document that the individual opted out.

     (3)  The department shall provide written confirmation to the individual or parent when removal is complete.

     SECTION 8.  (1)  No individual may be denied medical care, school enrollment, daycare enrollment, insurance coverage, employment or any other service or benefit because the individual or parent elected to opt out of MIIX.

     (2)  Providers may not condition vaccine administration on participation in MIIX.

     SECTION 9.  (1)  Any provider who knowingly enters immunization information into MIIX without meeting the informed-consent requirements of this act shall be subject to:

          (a)  A civil penalty not to exceed One Thousand Dollars ($1,000.00) per affected individual; or

          (b)  Disciplinary action by their licensing board.

     (2)  A parent or individual whose rights under this act are violated may bring a civil action for damages, injunctive relief and attorney's fees.

     SECTION 10.  The Mississippi State Department of Health shall promulgate rules necessary to implement this act, including standardized notice forms and procedures for opt-out, data removal and provider reporting.

     SECTION 11.  Nothing in this act shall be construed to prohibit providers from maintaining immunization records in their own medical files or from complying with other state reporting requirements not related to MIIX participation.

     SECTION 12.  This act shall take effect and be in force from and after July 1, 2026.