Mississippi SB 2057: Vaccine safety; SDH require vaccine information statements to be supplied to individual receiving the vaccination.

Bill Text

SB2057 (As Introduced) - 2018 Regular Session 

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Health and Welfare

By: Senator(s) Hill

Senate Bill 2057

AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, 
TO AUTHORIZE AND DIRECT THE STATE HEALTH OFFICER TO REQUIRE ENTITIES PROVIDING 
VACCINES TO INCLUDE PATIENT VACCINE INFORMATION STATEMENTS APPROVED BY FEDERAL 
CENTERS FOR DISEASE CONTROL AND PREVENTION TO BE SUPPLIED TO THE INDIVIDUAL 
RECEIVING THE VACCINATION; 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.� 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.

���� Effective July 1, 2018, 
the State Health Officer shall require entities providing vaccines to include 
patient vaccine information statements as approved by the federal Centers for 
Disease Control and Prevention to be supplied to the individual receiving the 
vaccination.

���� 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.

���� 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.

���� 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.

���� 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.

���� 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.

���� 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.

���� 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.

���� 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.

���� 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.