Immunization/vaccination requirements by governmental entities; prohibit if not recommended by the CDC.

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

By: Representative Arnold

HOUSE BILL NO. 747

AN ACT TO PROHIBIT STATE AGENCIES, PUBLIC OFFICIALS, STATE 1
INSTITUTION OF HIGHER LEARNING, PUBLIC COMMUNITY COLLEGES, 2
COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS AND OTHER POLITICAL 3
SUBDIVISIONS OF THE STATE FROM REQUIRING CHILDREN, ADOLESCENTS OR 4
ADULTS TO RECEIVE ANY VACCINATION OR IMMUNIZATION THAT IS NOT 5
RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION; TO 6
AMEND SECTIONS 41-23-37 AND 41-23-43, MISSISSIPPI CODE OF 1972, TO 7
CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. A state agency, public official, state 10
institution of higher learning, public community college, county, 11
municipality, school district or other political subdivision of 12
the state shall not require children, adolescents or adults to 13
receive any vaccination or immunization that is not recommended by 14
the Centers for Disease Control and Prevention in the CDC's most 15
recent Childhood Immunization Schedule or Adult Immunization 16
Schedule, as applicable, for the age of the persons for whom 17
vaccination or immunization is required. 18
SECTION 2. Section 41-23-37, Mississippi Code of 1972, is 19
amended as follows: 20
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41-23-37. Whenever indicated, the State Health Officer shall 21
specify such immunization practices as may be considered best for 22
the control of vaccine preventable diseases. A listing shall be 23
promulgated annually or more often, if necessary. In specifying 24
such immunization practices, the State Health Officer shall comply 25
with the provisions of Section 1 of this act. 26
Except as provided hereinafter, it shall be unlawful for any 27
child to attend any school, kindergarten or similar type facility 28
intended for the instruction of children (hereinafter called 29
"schools"), either public or private, with the exception of any 30
legitimate home instruction program as defined in Section 31
37-13-91 * * * for ten (10) or less children who are related 32
within the third degree computed according to the civil law to the 33
operator, unless they shall first have been vaccinated against 34
those diseases specified by the State Health Officer. In 35
specifying the required vaccinations under this paragraph, the 36
State Health Officer shall comply with the provisions of Section 1 37
of this act. 38
A certificate of exemption from vaccination for medical 39
reasons may be offered on behalf of a child by a duly licensed 40
physician and may be accepted by the local health officer when, in 41
his opinion, such exemption will not cause undue risk to the 42
community. 43
Certificates of vaccination shall be issued by local health 44
officers or physicians on forms specified by the Mississippi State 45
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Board of Health. These forms shall be the only acceptable means 46
for showing compliance with these immunization requirements, and 47
the responsible school officials shall file the form with the 48
child's record. 49
If a child shall offer to enroll at a school without having 50
completed the required vaccinations, the local health officer may 51
grant a period of time up to ninety (90) days for such completion 52
when, in the opinion of the health officer, such delay will not 53
cause undue risk to the child, the school or the community. No 54
child shall be enrolled without having had at least one (1) dose 55
of each specified vaccine. 56
Within thirty (30) days after the opening of the fall term of 57
school (on or before October 1 of each year) the person in charge 58
of each school shall report to the county or local health officer, 59
on forms provided by the Mississippi State Board of Health, the 60
number of children enrolled by age or grade or both, the number 61
fully vaccinated, the number in process of completing vaccination 62
requirements, and the number exempt from vaccination by reason for 63
such exemption. 64
Within one hundred twenty (120) days after the opening of the 65
fall term (on or before December 31), the person in charge of each 66
school shall certify to the local or county health officer that 67
all children enrolled are in compliance with immunization 68
requirements. 69
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For the purpose of assisting in supervising the immunization 70
status of the children the local health officer, or his designee, 71
may inspect the children's records or be furnished certificates of 72
immunization compliance by the school. 73
It shall be the responsibility of the person in charge of 74
each school to enforce the requirements for immunization. Any 75
child not in compliance at the end of ninety (90) days from the 76
opening of the fall term must be suspended until in compliance, 77
unless the health officer shall attribute the delay to lack of 78
supply of vaccine or some other such factor clearly making 79
compliance impossible. 80
Failure to enforce provisions of this section shall 81
constitute a misdemeanor and upon conviction be punishable by fine 82
or imprisonment or both. 83
SECTION 3. Section 41-23-43, Mississippi Code of 1972, is 84
amended as follows: 85
41-23-43. (1) As used in this section: 86
(a) "Department" means the Mississippi State Department 87
of Health, Bioterrorism Division; 88
(b) "Director" means the Executive Director of the 89
State Board of Health; 90
(c) "Bioterrorism" means the intentional use of any 91
microorganism, virus, infectious substance or biological product 92
that may be engineered as a result of biotechnology or any 93
naturally occurring or bioengineered component of any 94
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microorganism, virus, infectious substance or biological product, 95
to cause or attempt to cause death, disease or other biological 96
malfunction in any living organism; 97
(d) "Disaster locations" means any geographical 98
location where a bioterrorism attack, terrorist attack, 99
catastrophic or natural disaster or emergency occurs; 100
(e) "First responders" means state and local law 101
enforcement personnel, fire department personnel, emergency 102
medical personnel, emergency management personnel and public works 103
personnel who may be deployed to bioterrorism attacks, terrorist 104
attacks, catastrophic or natural disasters and emergencies. 105
(2) The department shall offer a vaccination program for 106
first responders who may be exposed to infectious diseases when 107
deployed to disaster locations. The vaccinations shall include, 108
but are not limited to, hepatitis A vaccination, hepatitis B 109
vaccination, diphtheria-tetanus vaccination, influenza 110
vaccination, pneumococcal vaccination and other vaccinations when 111
recommended by the United States Public Health Service and in 112
accordance with Federal Emergency Management Directors Policy. 113
Immune globulin will be made available when necessary. 114
(3) Participation in the vaccination program shall be 115
voluntary by the first responders, except for first responders who 116
are classified as having "occupational exposure" to blood borne 117
pathogens as defined by the Occupational Safety and Health 118
Administration Standard contained at 29 CFR 1910.10300 who shall 119
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be required to take the designated vaccinations or otherwise 120
required by law. In specifying the required vaccinations under 121
this subsection, the department shall comply with the provisions 122
of Section 1 of this act. 123
(4) A first responder shall be exempt from vaccinations when 124
a written statement from a licensed physician is presented 125
indicating that a vaccine is medically contraindicated for that 126
person or the first responder signs a written statement that the 127
administration of a vaccination conflicts with their religious 128
tenets. 129
(5) If there is a vaccine shortage, the director, in 130
consultation with the Governor and the Centers for Disease Control 131
and Prevention, shall give priority for vaccination to first 132
responders. 133
(6) The department shall notify first responders to the 134
availability of the vaccination program and shall provide 135
educational materials on ways to prevent exposure to infectious 136
diseases. 137
(7) The department may contract with county and local health 138
departments, not-for-profit home health care agencies, hospitals 139
and physicians to administer a vaccination program for first 140
responders. 141
(8) This section shall be effective upon receipt of federal 142
funding and/or federal grants for administering a first responders 143
vaccination program. Upon receipt of that funding, the department 144
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ST: Immunization/vaccination requirements by
governmental entities; prohibit if not
recommended by the CDC.
shall make available the vaccines to first responders as provided 145
in this section. 146
SECTION 4. This act shall take effect and be in force from 147
and after July 1, 2026. 148