Bill Text: MS SB2662 | 2010 | Regular Session | Introduced
Bill Title: Student vaccination requirements; provide for exemptions based on physician opinion or parent/guardian bona fide belief.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-02-02 - Died In Committee [SB2662 Detail]
Download: Mississippi-2010-SB2662-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Welfare
By: Senator(s) Jackson (15th)
Senate Bill 2662
AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, PROVIDE FOR A CERTIFICATE OF EXEMPTION FROM STUDENT VACCINATION BASED UPON THE OPINION OF A LICENSED PHYSICIAN OR THE BONA FIDE BELIEF OF THE PARENT OR GUARDIAN THAT A VACCINE OR IMMUNIZATION IS INAPPROPRIATE FOR THE CHILD; 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, 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 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.
(3) (a) The local health officer may, upon application of a parent or guardian of a minor child, grant a certificate of exemption from immunization for any minor child under the following circumstances:
(i) A certificate of exemption from vaccination for medical reasons may be offered 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.
(ii) In the opinion of a duly licensed physician, the child suffers from a physical condition recognized in pediatric practice as a contra-indication for the administration of a vaccine and is, in his or her professional judgment, at increased rick from serious complications from the administration of the vaccine relative to a typical or healthy child for whom the vaccination protocol has been established; or
(iii) The child's legal parent(s) or guardian(s) firmly hold a bona fide belief that a vaccine or immunization is inappropriate for the child.
(b) In determining whether the parent(s) or guardian(s) of a minor child firmly hold a bona fide belief that a vaccine or immunization is inappropriate for the child, the local health officer shall take the following into consideration:
(i) Whether the parent(s) or guardian(s) presents signed documentation from a duly licensed physical or other individual designated by the State Department of Health that the parent(s) or guardian(s) has received individual counseling concerning the risks and benefits of vaccination to the child and to public health; and
(ii) Whether the parent(s) or guardian(s) furnishes a signed, personal statement explaining the reasons for requesting the certificate of exemption, setting forth the strength and duration of his or her belief that a vaccination or immunization is inappropriate for the child, demonstrating his or her understanding of the risks and benefits of vaccination to the child and to public health and acknowledging that the child may be removed from school in the event of the occurrence of any communicable disease or condition, or threat of communicable disease or condition, which in the opinion of the local health officer requires the removal of unvaccinated children from school.
(c) Upon failure to fulfill any one (1) of the criteria set forth in paragraph (b) of this subsection, the local health officer shall decline to issue a certificate of exemption pursuant to this subsection (3).
(d) Before issuing a certificate of exemption pursuant to this subsection (3), the local health officer shall also consider:
(i) Applicable vaccination rates;
(ii) The community's vulnerability to outbreaks of vaccine-preventable disease; and
(iii) The prevalence of vaccine-preventable disease circulating within the jurisdiction;
and may decline to issue a certificate of exemption for the protection of the child's or the public's health.
(e) A Certificate of Exemption from Vaccination shall expire twelve (12) months from its date of issuance, but may be renewed in accordance with the provisions of this section. In the event of a change in the circumstances underlying the department's issuance of a certificate, the certificate may be revoked.
(f) The State Department of Health annually shall provide to the local superintendent of schools, at the start of each school year, a registry of the children who have received Certificates of Exemption from Vaccination. This registry shall be updated as certificates expire, are revoked or are issued.
(g) The State Department of Health shall also provide to the local superintendent of schools a notice upon the occurrence of any communicable disease or condition, or threat of communicable disease or condition, which in the opinion of the department requires the removal of unvaccinated children from school, directing the superintendent of schools to remove unvaccinated children from school for the period of time necessary to protect their health and that of the public.
(h) The State Board of Health may promulgate such rules and regulations as are necessary for the proper enforcement of the provisions of this section.
(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 immunization requirements, and the responsible school officials shall file the form with the child's record.
(5) If a child shall offer to enroll at a school without having completed the required vaccinations, the local health officer may grant a period of time up to ninety (90) days for such 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 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 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 immunization requirements.
(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 compliance by the school.
(9) It shall be the responsibility of the person in charge of each school to enforce the requirements for immunization. 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 attribute the delay to lack of supply of vaccine or some other such factor clearly making compliance impossible.
(10) Failure to enforce provisions of this act 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, 2010.
