Vaccine exemption; authorize for religious, philosophical or conscientious reasons.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1244

AN ACT TO AMEND SECTION 41-23-37, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT A CHILD WILL BE EXEMPT FROM THE REQUIREMENT TO 2
HAVE ANY SPECIFIC VACCINATION IN ORDER TO ATTEND A SCHOOL OR 3
POSTSECONDARY EDUCATIONAL INSTITUTION IF THE CHILD'S PARENT OR 4
GUARDIAN SUBMITS TO THE SCHOOL OR POSTSECONDARY EDUCATIONAL 5
INSTITUTION A LETTER OR AFFIDAVIT THAT DOCUMENTS WHICH REQUIRED 6
VACCINATIONS HAVE BEEN GIVEN, AND WHICH VACCINATIONS HAVE NOT BEEN 7
GIVEN ON THE BASIS THAT THEY ARE CONTRARY TO HIS OR HER RELIGIOUS, 8
PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS; TO PRESCRIBE THE CONTENT 9
TO BE INCLUDED IN THE LETTER OR AFFIDAVIT SUBMITTED TO THE SCHOOL 10
DISTRICT, SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION OF 11
ENROLLMENT; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO 12
AUTHORIZE EXEMPTIONS FROM THE IMMUNIZATION REQUIREMENTS LICENSED 13
CHILD CARE FACILITIES WHEN A PARENT OR LEGAL GUARDIAN OBJECTS TO 14
IMMUNIZATION OF THE CHILD ON THE GROUNDS THAT THE IMMUNIZATION 15
CONFLICTS WITH THE RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS 16
BELIEFS OF THE PARENT OR GUARDIAN; TO PROVIDE THAT A PARENT OR 17
GUARDIAN MUST FIRST FURNISH THE RESPONSIBLE OFFICIAL OF THE 18
FACILITY AN AFFIDAVIT IN WHICH THE PARENT OR GUARDIAN SWEARS OR 19
AFFIRMS THAT THE IMMUNIZATION REQUIRED CONFLICTS WITH THE 20
RELIGIOUS, PHILOSOPHICAL OR CONSCIENTIOUS BELIEFS OF THE PARENT OR 21
GUARDIAN BEFORE A CHILD IS EXEMPTED FROM IMMUNIZATION ON RELIGIOUS 22
GROUNDS; AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. Section 41-23-37, Mississippi Code of 1972, is 25
amended as follows: 26
41-23-37. (1) Whenever indicated, the State Health Officer 27
shall specify such immunization practices as may be considered 28
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best for the control of vaccine preventable diseases. A listing 29
shall be promulgated annually or more often, if necessary. 30
(2) Except as provided * * * in this section, it shall be 31
unlawful for any child to attend any school, kindergarten or 32
similar type facility intended for the instruction of children 33
(hereinafter called "schools"), either public or private, with the 34
exception of any legitimate home instruction program, as defined 35
in Section 37-13-91, * * * for ten (10) or * * * fewer children 36
who are related within the third degree computed according to the 37
civil law to the operator, unless they * * * have a certificate of 38
vaccination or have submitted to the school a certificate of 39
exemption from vaccination as provided for in this section. 40
(3) (a) A letter or certificate of exemption from 41
vaccination for medical reasons may be offered on behalf of a 42
child by a duly licensed physician in any state and provided on 43
the stationery of that physician may be accepted by the local 44
health officer and presented to the school on behalf of a child 45
when, in his opinion, * * * is contraindicated for medical reasons 46
and that the exemption will not cause undue risk to the community. 47
(b) A letter or certificate of exemption from 48
vaccination for religious or philosophical beliefs may be 49
submitted to the school on behalf of a child by the child's parent 50
or guardian. 51
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(c) A letter or certificate of exemption from 52
vaccination for conscientious beliefs may be submitted to the 53
school on behalf of a child by the child's parent or guardian. 54
(4) (a) No child seeking claiming an exemption authorized 55
under subsection (3)(b) shall be required to comply with the 56
requirements of this section for any specific vaccination in order 57
to attend the school, provided that the parent or guardian or 58
adult who has assumed responsibility for the child's care and 59
custody in the case of a minor, or the child seeking admission if 60
an emancipated minor, submits to the school a letter or affidavit 61
on an exemption form provided by the State Department of Health, 62
which documents the required vaccinations which have been 63
administered, and which vaccinations have not been administered on 64
the basis that they are contrary to his or her religious or 65
philosophical beliefs. The letter or affidavit must be signed by 66
the parent or guardian or emancipated minor, and which such 67
affidavit must be notarized. 68
(b) The parent or guardian or adult who has assumed 69
responsibility for the child's care and custody in the case of a 70
minor, or the child seeking admission if an emancipated minor, 71
shall submit a letter or affidavit to the school district, school 72
or postsecondary educational institution of enrollment 73
specifically stating the reasons for the philosophical and 74
religious exemption from vaccinations sought, in addition to a 75
statement as to whether the aversion is to some or all 76
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vaccinations. The letter or affidavit submitted shall also 77
include, but not be limited to, the following: 78
(i) A statement that the parent or guardian who 79
has assumed responsibility for the child's care and custody, in 80
the case of a minor, or the child seeking admission if an 81
emancipated minor, has been informed by a health care practitioner 82
and school district regarding the risks and benefits of receiving 83
vaccinations or not receiving vaccinations; and 84
(ii) A statement of understanding that: 85
1. At the discretion of the State Department 86
of Health or local health officer, the unimmunized child or 87
individual may be removed from day care or school during an 88
outbreak if the child or individual is not fully vaccinated; and 89
2. The child or individual shall not return 90
to school until the outbreak has been resolved and the State 91
Department of Health or local health officer approves the return 92
to school. 93
(5) (a) No child seeking claiming an exemption authorized 94
under subsection (3)(b) on the basis of conscientious beliefs 95
shall be required to comply with the requirements of this section 96
for any specific vaccination in order to attend the school, 97
provided that the parent or guardian or adult who has assumed 98
responsibility for the child's care and custody in the case of a 99
minor, or the child seeking admission if an emancipated minor, 100
submits to the school a letter or affidavit on an exemption form 101
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provided by the State Department of Health, which must be signed 102
by the parent or guardian or emancipated minor, and which such 103
affidavit must be notarized. 104
(b) A blank exemption form for conscientious beliefs 105
may be obtained by the parent or guardian of a minor child or by 106
the emancipated minor by submitting a written request for the 107
exemption form to the State Department of Health or the county 108
health department or by downloading the exemption form from the 109
website of the State Department of Health. 110
(c) The exemption form for conscientious beliefs must 111
contain a statement indicating that the parent or guardian of a 112
minor child or the emancipated minor understands the benefits and 113
risks of vaccinations and the benefits and risks of not being 114
vaccinated. In addition, it must contain a section where the 115
parent or guardian or emancipated minor can list the specific 116
vaccination or vaccinations for which the exemption applies. The 117
completed and notarized exemption form shall expire one (1) year 118
from the date signed by the parent or guardian. The parent or 119
guardian or emancipated minor must submit a new form every school 120
calendar year for which they are claiming an exemption from 121
vaccination requirements for conscientious beliefs. 122
(6) Certificates of vaccination shall be issued by local 123
health officers or physicians on forms specified by the * * * 124
State * * * Department of Health. These forms shall be the only 125
acceptable means for showing compliance with * * * the 126
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immunization requirements of this section, and the responsible 127
school officials shall file the form with the child's record. 128
(7) If a child * * * who is not exempt from vaccination 129
under subsection (3), (4) or (5) of this section offers to enroll 130
at a school or postsecondary educational institution without 131
having completed the required vaccinations, the local health 132
officer may grant a period of time up to ninety (90) days 133
for * * * that completion when, in the opinion of the health 134
officer, * * * the delay will not cause undue risk to the child, 135
the school or the community. No child who is not exempt from 136
vaccination under subsection (3), (4) or (5) of this section shall 137
be enrolled without having had at least one (1) dose of each 138
specified vaccine. 139
(8) Within thirty (30) days after the opening of the fall 140
term of school (on or before October 1 of each year) the person in 141
charge of each school shall report to the county or local health 142
officer, on forms provided by the * * * State * * * Department of 143
Health, the number of children enrolled by age or grade or both, 144
the number fully vaccinated, the number in process of completing 145
vaccination requirements, and the number exempt from vaccination 146
by reason * * * of a certificate of exemption. 147
(9) Within one hundred twenty (120) days after the opening 148
of the fall term (on or before December 31), the person in charge 149
of each school or postsecondary educational institution shall 150
certify to the local or county health officer that all children 151
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enrolled who are not exempt from vaccination under subsection (3), 152
(4) or (5) of this section are in compliance with the immunization 153
requirements. 154
(10) For the purpose of assisting in supervising the 155
immunization status of the children the local health officer, or 156
his designee, may inspect the children's records or be furnished 157
certificates of * * * vaccination compliance by the school or 158
postsecondary educational institution. 159
(11) It shall be the responsibility of the person in charge 160
of each school to enforce the requirements for immunization and 161
exemption from vaccination. Any child who is not exempt from 162
vaccination under subsection (3), (4) or (5) of this section is 163
not in compliance at the end of ninety (90) days from the opening 164
of the fall term must be suspended until in compliance, unless the 165
health officer * * * attributes the delay to lack of supply of 166
vaccine or some other such factor clearly making compliance 167
impossible. 168
(12) Failure to enforce provisions of this section shall 169
constitute a misdemeanor and, upon conviction, be punishable by 170
fine or imprisonment or both. 171
SECTION 2. Section 43-20-8, Mississippi Code of 1972, is 172
amended as follows: 173
43-20-8. (1) The licensing agency shall have powers and 174
duties as set forth below, in addition to other duties prescribed 175
under this chapter: 176
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(a) Promulgate rules and regulations concerning the 177
licensing and regulation of child care facilities as defined in 178
Section 43-20-5; 179
(b) Have the authority to issue, deny, suspend, revoke, 180
restrict or otherwise take disciplinary action against licensees 181
as provided for in this chapter; 182
(c) Set and collect fees and penalties as provided for 183
in this chapter; any increase in the fees charged by the licensing 184
agency under this paragraph shall be in accordance with the 185
provisions of Section 41-3-65; and 186
(d) Have such other powers as may be required to carry 187
out the provisions of this chapter. 188
(2) Child care facilities shall assure that parents have 189
welcome access to the child care facility at all times and shall 190
comply with the provisions of Chapter 520, Laws of 2006. 191
(3) Each child care facility shall develop and maintain a 192
current list of contact persons for each child provided care by 193
that facility. An agreement may be made between the child care 194
facility and the child's parent, guardian or contact person at the 195
time of registration to inform the parent, guardian or contact 196
person if the child does not arrive at the facility within a 197
reasonable time. 198
(4) Child care facilities shall require that, for any 199
current or prospective caregiver, all criminal records, background 200
and sex offender registry checks and current child abuse registry 201
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checks are obtained. In order to determine the applicant's 202
suitability for employment, the applicant shall be fingerprinted. 203
If no disqualifying record is identified at the state level, the 204
fingerprints shall be forwarded by the Department of Public Safety 205
to the FBI for a national criminal history record check. 206
(5) The licensing agency shall require to be performed a 207
criminal records background check and a child abuse registry check 208
for all operators of a child care facility and any person living 209
in a residence used for child care. The Department of Human 210
Services shall have the authority to disclose to the State 211
Department of Health any potential applicant whose name is listed 212
on the Child Abuse Central Registry or has a pending 213
administrative review. That information shall remain confidential 214
by all parties. In order to determine the applicant's suitability 215
for employment, the applicant shall be fingerprinted. If no 216
disqualifying record is identified at the state level, the 217
fingerprints shall be forwarded by the Department of Public Safety 218
to the FBI for a national criminal history record check. 219
(6) The licensing agency shall have the authority to exclude 220
a particular crime or crimes or a substantiated finding of child 221
abuse and/or neglect as disqualifying individuals or entities for 222
prospective or current employment or licensure. 223
(7) The licensing agency and its agents, officers, 224
employees, attorneys and representatives shall not be held civilly 225
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liable for any findings, recommendations or actions taken under 226
this section. 227
(8) All fees incurred in compliance with this section shall 228
be borne by the child care facility. The licensing agency is 229
authorized to charge a fee that includes the amount required by 230
the Federal Bureau of Investigation for the national criminal 231
history record check in compliance with the Child Protection Act 232
of 1993, as amended, and any necessary costs incurred by the 233
licensing agency for the handling and administration of the 234
criminal history background checks. 235
(9) (a) From and after January 1, 2008, the State Board of 236
Health shall develop regulations to ensure that all children 237
enrolled or enrolling in a state licensed child care center 238
receive age-appropriate immunization against invasive pneumococcal 239
disease as recommended by the Advisory Committee on immunization 240
practices of the Centers for Disease Control and Prevention. The 241
State Board of Health shall include, within its regulations, 242
protocols for children under the age of twenty-four (24) months to 243
catch up on missed doses. If the State Board of Health has 244
adopted regulations before January 1, 2008, that would otherwise 245
meet the requirements of this subsection, then this subsection 246
shall stand repealed on January 1, 2008. 247
(b) The immunization requirements of this subsection 248
shall not apply to a child whose parent or legal guardian objects 249
to immunization of the child on the grounds that the immunization 250
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ST: Vaccine exemption; authorize for religious,
philosophical or conscientious reasons.
conflicts with the religious, philosophical or conscientious 251
beliefs of the parent or guardian. For a child to be exempt from 252
immunization on religious grounds, philosophical or conscientious 253
beliefs, the parent or guardian must first furnish the responsible 254
official of the school or facility an affidavit in which the 255
parent or guardian swears or affirms that the immunization 256
required conflicts with the religious, philosophical or 257
conscientious beliefs of the parent or guardian. 258
SECTION 3. This act shall take effect and be in force from 259
and after July 1, 2026. 260