MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare; Judiciary, Division A By: Senator(s) Hill Senate Bill 2755 AN ACT ENTITLED THE "VACCINE DISCRIMINATION AND TRANSPARENCY ACT"; TO PROHIBIT FINANCIAL INCENTIVES OR PENALTIES TO ENCOURAGE HEALTH CARE PROVIDERS TO ADMINISTER VACCINATIONS; TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WHO REFUSE CERTAIN MEDICAL INTERVENTIONS AND CREATING A CIVIL CAUSE OF ACTION AGAINST ENTITIES WHO DISCRIMINATE BASED UPON SUCH MEDICAL CARE REFUSAL AND REVOKING THE AUTHORITY OF THE DEPARTMENT OF HEALTH TO ORDER INDIVIDUALS TO ISOLATE OR QUARANTINE AND IMPOSE PENALTIES FOR VIOLATIONS THEREOF; TO STANDARDIZE OBTAINING A MEDICAL EXEMPTION FOR REQUIRED VACCINATIONS; TO PROHIBIT TEACHERS OR SCHOOL OFFICIALS FROM DISTINGUISHING BETWEEN STUDENTS BASED ON WHETHER A STUDENT HAS OR HAS NOT RECEIVED A VACCINATION; TO PROHIBIT THE STATE DEPARTMENT OF HEALTH FROM REQUIRING ENROLLMENT IN THE STATE'S IMMUNIZATION REGISTRY OR REQUIRING IMMUNIZATION TRACKING; TO AMEND SECTION 41-23-37 MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PERSONAL BELIEF EXEMPTION FROM VACCINATION REQUIREMENTS AND IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be entitled and may be known as the "Vaccine Discrimination and Transparency Act." SECTION 2. (1) A health coverage plan shall not deny or otherwise refuse to reimburse any claim for a covered health care service submitted by a health care provider or impose any other penalty on a health care provider with the intent to, directly or indirectly, influence, persuade, or encourage the healthcare provider to administer any vaccination. (2) For purposes of this section, "health coverage plan" means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy or any other insurance contract of this type in this state, including a group insurance plan, and a self-insurance plan. "Health coverage plan" does not include a plan providing coverage for excepted benefits, limited benefit health insurance plans and short-term policies that have a term of less than twelve (12) months. SECTION 3. (1) This section shall be known and may be cited as the "Conscientious Right to Refuse Act." (2) An employer, health care entity, school or person shall not commit any of the following acts based on an individual's refusal of any vaccination, biologic, pharmaceutical, drug, gene editing technology, DNA- or RNA-based product if such individual's refusal is for reasons of conscience: (a) Adverse employment action, including, but not limited to, refusal to hire, dismissal or warning of possible dismissal, demotion, transfer, reassignment, suspension, reprimand, withholding of work, assessing any monetary penalty or unreasonable charge or discrimination in compensation or in terms, conditions or privileges of employment; (b) Denial of goods or services; (c) Denial of entry to a place otherwise accessible to the general public; (d) Segregation or separation of such individual from others without a valid business necessity; (e) Denial of housing; (f) Assessment of a financial penalty against such individual; or (g) Treatment of an individual differently from any other individual who accepted the medical intervention described in this subsection. (3) (a) An individual who suffers any direct or indirect injury as a result of a violation of this section shall have a private cause of action for actual damages, injunctive relief and any other appropriate relief. Any action commenced under this section shall be filed within two (2) years from the date that the injury occurs or after the act giving rise to the cause of action. (b) In an action brought for a violation of this section, a prevailing plaintiff shall recover three (3) times the amount of actual damages sustained or Ten Thousand Dollars ($10,000.00), whichever is greater, and the cost of the suit, including reasonable attorney fees. (4) As used in this section: (a) "Conscience" means theistic and nontheistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views. (b) "Employer" means any person in this state who employs one or more persons. "Employer" includes the State of Mississippi and all political subdivisions of the state. (c) "Health care entity" means a health care provider, a licensed medical care facility, a provider-sponsored organization, an insurance company, a health maintenance organization or administrator of a health benefits plan or any other health care facility or organization. (d) "Health care provider" means any person licensed or otherwise authorized by law to provide health care services in this state or a professional corporation organized pursuant to the professional corporation law of Mississippi by persons who are authorized by law to form such corporation and are health care providers, as defined in this subsection, or an officer, employee or agent thereof acting in the course and scope of employment or agency. (e) "Medical care facility" means a hospital, ambulatory surgical center or recuperation center, an adult care home, a hospice certified to participate in the Medicare program under C.F.R. Section 418.1 et seq., that provides services only to hospice patients, a public health center, mental health center or mental health clinic licensed by the State of Mississippi, a licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients. (f) "Person" means an individual, partnership, association, organization, corporation, company, governmental entity, legal representative, trustee, trustee in bankruptcy or receiver. (g) "School" means a public school or accredited nonpublic school. SECTION 4. (1) If any physician, nurse practitioner or physician's assistant licensed to practice medicine completes the required medical exemption form stating that such vaccination may be detrimental to an individual's health, any state or municipal requirement to obtain a vaccination shall be inapplicable until such vaccination is found to no longer be detrimental to the individual's health by the individual's physician, nurse practitioner or physician's assistant. The department or any other state or municipal agency, board or commission may not require any other condition or requirement for the medical exemption to a vaccine or vaccines. (2) Any physician, nurse practitioner or physician's assistant who believes that such vaccination may be detrimental to the individual's health must complete the following form: Medical exemption form: (a) Name of individual; (b) If a minor, name of parent, parents or guardian; (c) Birthdate; (d) Home address; (e) I hereby certify that vaccination against (insert immunization exempted) may be detrimental to the individual's health. (3) Discrimination on basis of an individual's status of having a medical exemption provided for in this section is prohibited. (4) Absent fraud or intentional misrepresentation of verifiable facts, a physician, nurse practitioner or physician's assistant shall not be subject to any disciplinary action or penalty by any state or municipal agency, board or commission for issuing a medical exemption form as provided for in this section. SECTION 5. No teacher or school employee or administrator shall distinguish between students based on whether a student has or has not received one or more vaccines required under state law. Actions prohibited include, but are not limited to, discrimination based on a student's vaccination status in any of the following acts: (a) Determination of eligibility for athletics or any other extracurricular activity; (b) Allowing or denying participation inside and outside of the classroom; (c) Issuance of surveys to students relative to vaccination status; and/or (d) Organizing seating arrangements. SECTION 6. (1) As used in this section: (a) "Employee" means an individual who performs services for and is under the direction and control of an employer for wages or other remuneration. The term includes an independent contractor. (b) "Employer" means an individual, a firm, a partnership, an institution, a corporation or an association that employs two (2) or more employees. The term includes a governmental entity. (c) "Vaccination or immunity status," with respect to an individual, means whether he or she has been administered a vaccine for or is otherwise immune to a particular communicable disease. (2) An employer may not refuse to employ an individual, or discharge, discipline, demote, or otherwise discriminate against an employee with respect to wages or terms, conditions or privileges of employment, solely on the basis of the individual's vaccination or immunity status. (3) An individual who is refused employment or is discriminated against on the basis of vaccination or immunity status in violation of this section may file a civil action in a court of competent jurisdiction for relief as set forth in subsection (4) of this section. (4) In any action brought pursuant to subsection (3) of this section, the court may order any of the following forms of relief, as applicable: (a) An injunction preventing the continued violation of this section. (b) Employment or reinstatement of the employee to the same position applied for or held, as applicable, before the violation occurred or to an equivalent position. (c) Compensation for lost wages, benefits and other remuneration. (d) Reasonable attorney fees. (e) Any other relief the court deems appropriate. (5) An insurer authorized to transact insurance in this state may not do any of the following: (a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder. (b) Refuse to issue or renew any policy of life insurance or disability insurance solely on the basis of the applicant's or policyholder's vaccination or immunity status. (c) Impose a higher premium rate or charge or otherwise discriminate in coverage in a life insurance policy or disability insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status. (d) This subsection may not be construed to require an insurer to provide insurance coverage for a medical condition that the applicant or policyholder has already sustained. (6) A health insurer may not do any of the following: (a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder. (b) Refuse to issue or renew a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status. (c) Impose a higher premium rate or charge or otherwise discriminate in the coverage of care in a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status. (d) This subsection may not be construed to require a health insurer to provide coverage for a medical condition that the applicant or policyholder has already sustained. (7) An insurer offering coverage under a group, blanket or franchise health insurance policy in this state may not do any of the following: (a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder. (b) Refuse to issue or renew a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status. (c) Impose a higher premium rate or charge or otherwise discriminate in the coverage of care in a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status. (d) This subsection may not be construed to require an insurer to provide coverage for a medical condition that the applicant or policyholder has already sustained. SECTION 7. 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. 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. (2) A certificate of exemption from vaccination for conscientious beliefs may be submitted to the school on behalf of a child by the child's parent or guardian. To claim an exemption from a required vaccination for conscientious beliefs, the parent or a guardian of the child must complete an affidavit on an exemption form provided by the State Department of Health. The affidavit must be signed by the parent or guardian, and the affidavit must be notarized. A blank exemption form for conscientious beliefs may be obtained by the parent or guardian by submitting a written request for the exemption form to the State Department of Health or the county health department or by downloading the exemption form from the website of the State Department of Health. (3) As provided in Section 4 of the Vaccine Discrimination and Transparency Act, any physician, nurse practitioner or physician's assistant licensed to practice medicine completes the required medical exemption form stating that such vaccination may be detrimental to an individual's health, any state or municipal requirement to obtain a vaccination shall be inapplicable until such vaccination is found to no longer be detrimental to the individual's health by the individual's physician, nurse practitioner or physician's assistant. The Department of Health or any other state or municipal agency, board or commission may not require any other condition or requirement for the medical exemption to a vaccine or vaccines. SECTION 8. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Welfare; Judiciary, Division A
By: Senator(s) Hill
# Senate Bill 2755
AN ACT ENTITLED THE "VACCINE DISCRIMINATION AND TRANSPARENCY ACT"; TO PROHIBIT FINANCIAL INCENTIVES OR PENALTIES TO ENCOURAGE HEALTH CARE PROVIDERS TO ADMINISTER VACCINATIONS; TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WHO REFUSE CERTAIN MEDICAL INTERVENTIONS AND CREATING A CIVIL CAUSE OF ACTION AGAINST ENTITIES WHO DISCRIMINATE BASED UPON SUCH MEDICAL CARE REFUSAL AND REVOKING THE AUTHORITY OF THE DEPARTMENT OF HEALTH TO ORDER INDIVIDUALS TO ISOLATE OR QUARANTINE AND IMPOSE PENALTIES FOR VIOLATIONS THEREOF; TO STANDARDIZE OBTAINING A MEDICAL EXEMPTION FOR REQUIRED VACCINATIONS; TO PROHIBIT TEACHERS OR SCHOOL OFFICIALS FROM DISTINGUISHING BETWEEN STUDENTS BASED ON WHETHER A STUDENT HAS OR HAS NOT RECEIVED A VACCINATION; TO PROHIBIT THE STATE DEPARTMENT OF HEALTH FROM REQUIRING ENROLLMENT IN THE STATE'S IMMUNIZATION REGISTRY OR REQUIRING IMMUNIZATION TRACKING; TO AMEND SECTION 41-23-37 MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PERSONAL BELIEF EXEMPTION FROM VACCINATION REQUIREMENTS AND IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be entitled and may be known as the "Vaccine Discrimination and Transparency Act."
SECTION 2. (1) A health coverage plan shall not deny or otherwise refuse to reimburse any claim for a covered health care service submitted by a health care provider or impose any other penalty on a health care provider with the intent to, directly or indirectly, influence, persuade, or encourage the healthcare provider to administer any vaccination.
(2) For purposes of this section, "health coverage plan" means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy or any other insurance contract of this type in this state, including a group insurance plan, and a self-insurance plan. "Health coverage plan" does not include a plan providing coverage for excepted benefits, limited benefit health insurance plans and short-term policies that have a term of less than twelve (12) months.
SECTION 3. (1) This section shall be known and may be cited as the "Conscientious Right to Refuse Act."
(2) An employer, health care entity, school or person shall not commit any of the following acts based on an individual's refusal of any vaccination, biologic, pharmaceutical, drug, gene editing technology, DNA- or RNA-based product if such individual's refusal is for reasons of conscience:
(a) Adverse employment action, including, but not limited to, refusal to hire, dismissal or warning of possible dismissal, demotion, transfer, reassignment, suspension, reprimand, withholding of work, assessing any monetary penalty or unreasonable charge or discrimination in compensation or in terms, conditions or privileges of employment;
(b) Denial of goods or services;
(c) Denial of entry to a place otherwise accessible to the general public;
(d) Segregation or separation of such individual from others without a valid business necessity;
(e) Denial of housing;
(f) Assessment of a financial penalty against such individual; or
(g) Treatment of an individual differently from any other individual who accepted the medical intervention described in this subsection.
(3) (a) An individual who suffers any direct or indirect injury as a result of a violation of this section shall have a private cause of action for actual damages, injunctive relief and any other appropriate relief. Any action commenced under this section shall be filed within two (2) years from the date that the injury occurs or after the act giving rise to the cause of action.
(b) In an action brought for a violation of this section, a prevailing plaintiff shall recover three (3) times the amount of actual damages sustained or Ten Thousand Dollars ($10,000.00), whichever is greater, and the cost of the suit, including reasonable attorney fees.
(4) As used in this section:
(a) "Conscience" means theistic and nontheistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.
(b) "Employer" means any person in this state who employs one or more persons. "Employer" includes the State of Mississippi and all political subdivisions of the state.
(c) "Health care entity" means a health care provider, a licensed medical care facility, a provider-sponsored organization, an insurance company, a health maintenance organization or administrator of a health benefits plan or any other health care facility or organization.
(d) "Health care provider" means any person licensed or otherwise authorized by law to provide health care services in this state or a professional corporation organized pursuant to the professional corporation law of Mississippi by persons who are authorized by law to form such corporation and are health care providers, as defined in this subsection, or an officer, employee or agent thereof acting in the course and scope of employment or agency.
(e) "Medical care facility" means a hospital, ambulatory surgical center or recuperation center, an adult care home, a hospice certified to participate in the Medicare program under C.F.R. Section 418.1 et seq., that provides services only to hospice patients, a public health center, mental health center or mental health clinic licensed by the State of Mississippi, a licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.
(f) "Person" means an individual, partnership, association, organization, corporation, company, governmental entity, legal representative, trustee, trustee in bankruptcy or receiver.
(g) "School" means a public school or accredited nonpublic school.
SECTION 4. (1) If any physician, nurse practitioner or physician's assistant licensed to practice medicine completes the required medical exemption form stating that such vaccination may be detrimental to an individual's health, any state or municipal requirement to obtain a vaccination shall be inapplicable until such vaccination is found to no longer be detrimental to the individual's health by the individual's physician, nurse practitioner or physician's assistant. The department or any other state or municipal agency, board or commission may not require any other condition or requirement for the medical exemption to a vaccine or vaccines.
(2) Any physician, nurse practitioner or physician's assistant who believes that such vaccination may be detrimental to the individual's health must complete the following form:
Medical exemption form:
(a) Name of individual;
(b) If a minor, name of parent, parents or guardian;
(c) Birthdate;
(d) Home address;
(e) I hereby certify that vaccination against (insert immunization exempted) may be detrimental to the individual's health.
(3) Discrimination on basis of an individual's status of having a medical exemption provided for in this section is prohibited.
(4) Absent fraud or intentional misrepresentation of verifiable facts, a physician, nurse practitioner or physician's assistant shall not be subject to any disciplinary action or penalty by any state or municipal agency, board or commission for issuing a medical exemption form as provided for in this section.
SECTION 5. No teacher or school employee or administrator shall distinguish between students based on whether a student has or has not received one or more vaccines required under state law. Actions prohibited include, but are not limited to, discrimination based on a student's vaccination status in any of the following acts:
(a) Determination of eligibility for athletics or any other extracurricular activity;
(b) Allowing or denying participation inside and outside of the classroom;
(c) Issuance of surveys to students relative to vaccination status; and/or
(d) Organizing seating arrangements.
SECTION 6. (1) As used in this section:
(a) "Employee" means an individual who performs services for and is under the direction and control of an employer for wages or other remuneration. The term includes an independent contractor.
(b) "Employer" means an individual, a firm, a partnership, an institution, a corporation or an association that employs two (2) or more employees. The term includes a governmental entity.
(c) "Vaccination or immunity status," with respect to an individual, means whether he or she has been administered a vaccine for or is otherwise immune to a particular communicable disease.
(2) An employer may not refuse to employ an individual, or discharge, discipline, demote, or otherwise discriminate against an employee with respect to wages or terms, conditions or privileges of employment, solely on the basis of the individual's vaccination or immunity status.
(3) An individual who is refused employment or is discriminated against on the basis of vaccination or immunity status in violation of this section may file a civil action in a court of competent jurisdiction for relief as set forth in subsection (4) of this section.
(4) In any action brought pursuant to subsection (3) of this section, the court may order any of the following forms of relief, as applicable:
(a) An injunction preventing the continued violation of this section.
(b) Employment or reinstatement of the employee to the same position applied for or held, as applicable, before the violation occurred or to an equivalent position.
(c) Compensation for lost wages, benefits and other remuneration.
(d) Reasonable attorney fees.
(e) Any other relief the court deems appropriate.
(5) An insurer authorized to transact insurance in this state may not do any of the following:
(a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder.
(b) Refuse to issue or renew any policy of life insurance or disability insurance solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(c) Impose a higher premium rate or charge or otherwise discriminate in coverage in a life insurance policy or disability insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(d) This subsection may not be construed to require an insurer to provide insurance coverage for a medical condition that the applicant or policyholder has already sustained.
(6) A health insurer may not do any of the following:
(a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder.
(b) Refuse to issue or renew a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(c) Impose a higher premium rate or charge or otherwise discriminate in the coverage of care in a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(d) This subsection may not be construed to require a health insurer to provide coverage for a medical condition that the applicant or policyholder has already sustained.
(7) An insurer offering coverage under a group, blanket or franchise health insurance policy in this state may not do any of the following:
(a) Require proof of vaccination or immunity status for any communicable disease from an applicant or a policyholder.
(b) Refuse to issue or renew a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(c) Impose a higher premium rate or charge or otherwise discriminate in the coverage of care in a health insurance policy solely on the basis of the applicant's or policyholder's vaccination or immunity status.
(d) This subsection may not be construed to require an insurer to provide coverage for a medical condition that the applicant or policyholder has already sustained.
SECTION 7. 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.
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.
(2) A certificate of exemption from vaccination for conscientious beliefs may be submitted to the school on behalf of a child by the child's parent or guardian. To claim an exemption from a required vaccination for conscientious beliefs, the parent or a guardian of the child must complete an affidavit on an exemption form provided by the State Department of Health. The affidavit must be signed by the parent or guardian, and the affidavit must be notarized. A blank exemption form for conscientious beliefs may be obtained by the parent or guardian by submitting a written request for the exemption form to the State Department of Health or the county health department or by downloading the exemption form from the website of the State Department of Health.
(3) As provided in Section 4 of the Vaccine Discrimination and Transparency Act, any physician, nurse practitioner or physician's assistant licensed to practice medicine completes the required medical exemption form stating that such vaccination may be detrimental to an individual's health, any state or municipal requirement to obtain a vaccination shall be inapplicable until such vaccination is found to no longer be detrimental to the individual's health by the individual's physician, nurse practitioner or physician's assistant. The Department of Health or any other state or municipal agency, board or commission may not require any other condition or requirement for the medical exemption to a vaccine or vaccines.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.