Mississippi Immunization Requirements

(Updated December 1993)

Authority: Public Health, Contagious Diseases,- Quarantine, Miss. Code Ann. Sec. 41-23-37

General Rule: It is unlawful for any child to attend school, kindergarten or similar type facility intended for the instruction of children, either public or private, unless they have been vaccinated against those diseases specified by the state health officer. MCA Sec.  41-23-37  (2).  The local local health officer may grant up to 90 days to complete required vaccinations, if such delay will not cause undue risk to the child, the school or the community. MCA Sec. 41-23-37(5).  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. MCA Sec. 41-23-37(9).

Exceptions: There are two exceptions:

1.       Any children attending a legitimate home instruction program as defined in Sec. 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 are exempted.  MCA  Sec.  41-23-37(2).

2.       A certificate of exemption for medical reasons may be offered on behalf of a child by a duly licensed physician and may be accepted when, in his opinion, such exemption will not cause undue risk to the community.' MCA Sec. 41-23-37(3).

Note: Mississippi's religious exemption under MCA Sec. 41-23-37, which was written much less inclusive than most states, was ruled in violation of the Fourteenth Amendment to the US Constitution and voided. Brown v. Stone, 378 So. 2d. 218 (1979 Miss.), cert. denied 449 US 887.

Certificate: Certificates of vaccination are 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.' MCA Sec. 41-23-37(4).

Designated Diseases: Diphtheria, tetanus, pertussis, polio, measles, rubella, and  mumps.  Draft, Grades K-12 Immunization  Requirements, in letter from Liane Hostler, Director of  Immunization Program to Kimberly Wray, September 21, 1993.