Miss. Code Ann. § 41-31-3 — MS Code / Title 41 / Chapter 13 / Section 31-3
Miss. Code Ann. § 41-31-3
Status: in_force

(1) The Department of Mental Health must develop a Uniform Alcohol and Drug Commitment Affidavit to be utilized in all counties to initiate commitment proceedings under Title 41, Chapters 30, 31 and 32, Mississippi Code of 1972 . The Uniform Alcohol and Drug Commitment Affidavit must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter and also must be made available to the public on the website of the Mississippi Department of Mental Health.

(2) The Department of Mental Health, in consultation with the Mississippi Chancery Clerks Association, the Mississippi Conference of Chancery Court Judges and the Mississippi Association of Community Mental Health Centers, must develop a written guide no later than January 1, 2020, setting out the steps in the commitment process. The guide shall be designated as the “Uniform Alcohol and Drug Commitment Guide” and shall include, but not be limited to, the following:

(a) Steps in the alcohol and drug commitment process from affidavit to commitment, written in easily understandable layman's terms;

(b) A schedule of fees and assessments that will be charged to commence a commitment proceeding under this chapter;

(c) Eligibility requirements and instructions for filing a pauper's affidavit; and

(d) A statement on the front cover of the guide advising that persons who pursue an alcohol and drug commitment under this chapter are not required to retain an attorney for any portion of the commitment process.

(3) As soon as available but no later than January 1, 2020, the Uniform Alcohol and Drug Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this chapter, and also must be made available to the public on the website of the Mississippi Department of Mental Health.

(4) Proceedings for detention, care and treatment of any person alleged to be an alcoholic or drug addict may be initiated or instituted by such person's husband, wife, child, mother, father, next of kin, or by any friend or relative thereof, or by the county health officer. Such proceedings shall be instituted by the filing of the Uniform Alcohol and Drug Commitment Affidavit in the chancery court of the county of such person's residence or of the county in which he may be found. It shall be necessary that the affidavit allege that such person is an alcoholic or drug addict, as the case may be, is a resident citizen of this state, and because of his alcoholism or drug addiction is incapable of or unfit to look after and conduct his affairs, or is dangerous to himself or others, or has lost the power of self-control because of periodic, constant or frequent use of alcoholic beverages or habit-forming drugs, and that he is in need of care and treatment, and that his detention, care and treatment at an institution will improve his health. A chancery clerk may not require an affiant to retain an attorney for the filing of an affidavit under this section. All proceedings authorized by this chapter may be had and conducted either in termtime or in vacation of said court.
Miss. Code Ann. § 41-73-13 — MS Code / Title 41 / Chapter 3 / Section 73-13
Miss. Code Ann. § 41-73-13
Status: in_force

The powers of the authority shall be vested in the members thereof. Four (4) members of the authority shall constitute a quorum for the transaction of business. The affirmative vote of at least four (4) members shall be necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority.
Miss. Code Ann. § 41-29-161 — MS Code / Title 41 / Chapter 19 / Section 29-161
Miss. Code Ann. § 41-29-161
Status: in_force

Any officer or employee of the Mississippi Bureau of Drug Enforcement who is authorized to investigate, carry firearms, serve search warrants, and do all things as set forth in this article shall prior to entering upon the discharge of his duties enter into a good and sufficient surety bond in the sum of Ten Thousand Dollars ($10,000.00) with a surety company authorized and doing business within the State of Mississippi. The said bond herein is conditioned upon the faithful performance of the duties of his office. All premiums shall be paid as are other expenses of the bureau.
Miss. Code Ann. § 41-21-205 — MS Code / Title 41 / Chapter 21 / Section 21-205
Miss. Code Ann. § 41-21-205
Status: in_force

(1) The State Board of Health shall establish in the State Department of Health a program to:

(a) Identify and investigate birth defects; and

(b) Maintain a central registry of cases of birth defects.

(2) The department shall design the registry program so that it will:

(a) Provide information to identify risk factors and causes of birth defects;

(b) Provide information on other possible causes of birth defects;

(c) Provide for the development of strategies to prevent birth defects;

(d) Provide for interview studies about the causes of birth defects; and

(e) Provide for the collection of birth defect information.

(3) The board shall adopt rules, regulations and procedures to govern the operation of the registry program and to carry out the intent of this section.

(4) The board in its rules and regulations shall specify the types of information to be provided to the birth defects registry and the persons and entities who are required to provide such information to the birth defects registry.

(5) The board by rule shall prescribe the manner in which records and other information are made available to the department.

(6) The department may obtain records and/or test results of individuals not reported or observed to have a birth defect reported to the department at a later date.

(7) The following persons who act in compliance with this section are not civilly or criminally liable for furnishing the information required under this section:

(a) A hospital, clinical laboratory, genetic treatment center or other health-care facility;

(b) An administrator, officer or employee of a hospital, clinical laboratory, genetic treatment center or other health-care facility; and

(c) A physician or employee of a physician.

(8) Information collected and analyzed by the department under this section shall be placed in a central registry to facilitate research and to maintain security.

(a) Data obtained under this section directly from the medical records of a patient is for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of this section. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this section.

(b) Information that may identify an individual whose medical records have been used for obtaining data under this section is not available for public inspection under the Mississippi Public Records Act of 1983.

(c) Statistical information collected under this section is public information.

(9) The department may use the registry to:

(a) Investigate the causes of birth defects and other health conditions as authorized by statute;

(b) Design and evaluate measures to prevent the occurrence of birth defects, and other conditions; and

(c) Conduct other investigations and activities necessary for the board and the department to fulfill their obligation to protect the public health.

(10) Any person or entity who misuses the information provided to the registry shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each such failure or misuse. Such penalty shall be assessed and levied by the board after a hearing, and all such penalties collected shall be deposited into the State General Fund.

(11) The State Health Officer may appoint or delegate his authority for the purposes of this section to an advisory committee, not to exceed ten (10) persons, to assist in the design and implementation of this central registry with representation from relevant groups including, but not limited to, hospitals, physicians, board-certified clinical geneticists, personnel of the department, personnel of other appropriate state agencies, disabled persons (resulting from a birth defect) and parents of disabled children (resulting from a birth defect). If a central registry advisory committee is created by the State Health Officer, the board shall consult and be advised by the committee on the promulgation of rules, regulations and procedures for the purposes of this section.
Miss. Code Ann. § 41-19-203 — MS Code / Title 41 / Chapter 17 / Section 19-203
Miss. Code Ann. § 41-19-203
Status: in_force

The center shall be located on the site of the Tuberculosis Sanatorium of Mississippi.

With funds provided by the Legislature, by direct appropriation or authorized bond issue, with federal matching funds, or with any other available funds, the state building commission is authorized to construct and equip the necessary residential and service buildings and other facilities for the care and treatment of persons with an intellectual disability. The general design of the center and all construction plans shall be approved and recommended by the State Board of Mental Health.

The center shall be administered by the State Board of Mental Health.
Miss. Code Ann. § 41-75-9 — MS Code / Title 41 / Chapter 19 / Section 75-9
Miss. Code Ann. § 41-75-9
Status: in_force

Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq. where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65 . Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
Miss. Code Ann. § 41-53-5 — MS Code / Title 41 / Chapter 19 / Section 53-5
Miss. Code Ann. § 41-53-5
Status: in_force

All inoculations (vaccinations) done in accordance with this chapter must be done by either a licensed veterinarian or other competent person granted a permit to administer virus (vaccine) by the state board of health.
Miss. Code Ann. § 41-67-23 — MS Code / Title 41 / Chapter 4 / Section 67-23
Miss. Code Ann. § 41-67-23
Status: in_force

The department or its authorized representative may enter onto property and make inspections of any individual on-site wastewater disposal system as necessary to ensure that the system is in compliance with this chapter and the rules and regulations adopted under this chapter. The department shall give reasonable notice to any property owner, lessee or occupant prior to entry onto the property. The owner, lessee, owner's representative, or occupant of the property on which the system is located shall give the department or its authorized representative reasonable access to the property at reasonable times to make necessary inspections.
Miss. Code Ann. § 41-19-281 — MS Code / Title 41 / Chapter 9 / Section 19-281
Miss. Code Ann. § 41-19-281
Status: in_force

The center is designated as a state agency for carrying out the purposes of any act of the Congress of the United States of America existing on July 1, 1998, or enacted at any time after July 1, 1998, that pertains to mental illness.
Miss. Code Ann. § 41-88-1 — MS Code / Title 41 / Chapter 21 / Section 88-1
Miss. Code Ann. § 41-88-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Child Immunization Act of 1994.”
Miss. Code Ann. § 41-19-41 — MS Code / Title 41 / Chapter 10 / Section 19-41
Miss. Code Ann. § 41-19-41
Status: in_force

Any regional mental health or intellectual disability facility or service established and operated according to the provisions set forth in Sections 41-19-31 through 41-19-39 , is eligible to admit and treat patients committed by either the chancellors or chancery clerks in the same manner as is provided by the laws of Mississippi for commitment to the state mental institutions.
Miss. Code Ann. § 41-73-25 — MS Code / Title 41 / Chapter 9 / Section 73-25
Miss. Code Ann. § 41-73-25
Status: in_force

Before the issuance of any bonds pursuant to this chapter, each member of the authority and the executive director, if one shall have been appointed, shall execute a surety bond in the sum of Fifty Thousand Dollars ($50,000.00) issued by a surety company licensed to do business in the state. To the extent any member of the authority is already covered by a bond required by state law, such member need not obtain another bond so long as the bond required by the state law is in at least the sum specified in this section and covers the member's activities for the authority. In lieu of such bonds, the chairman of the authority may execute a blanket surety bond covering each member and the executive director of the authority. Each surety bond shall be conditioned upon the faithful performance of the duties of the office of the member or executive director and shall be issued by a surety company authorized to transact business in the state as surety. At all times after the issuance of any surety bonds, each member and executive director shall maintain such surety bonds in full force and effect. All costs of the surety bonds shall be borne by the authority.
Miss. Code Ann. § 41-114-1 — MS Code / Title 41 / Chapter 11 / Section 114-1
Miss. Code Ann. § 41-114-1
Status: in_force

(1) As used in this section:

(a) The term “ public facility ” means any building, gymnasium, athletic field, recreational area or park to which the public is invited, whether there is charge for admission or not.

(b) The term “ smoke ” or “ smoking ” means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product.

(2) During any time that persons under eighteen (18) years of age are engaged in an organized athletic event at a public facility in Mississippi, no participant in or spectator of the athletic event shall smoke in the facility, if the facility is enclosed, or within one hundred (100) feet of the facility, if the facility is not enclosed, except as permitted under subsection (3)(c) of this section.

(3) The person, agency or entity having jurisdiction or supervision over a public facility shall not allow smoking at the facility in violation of this section, and shall use reasonable efforts to prevent smoking at the facility. The person, agency or entity may take the following steps:

(a) Posting appropriate signs informing persons that smoking is prohibited at the public facility.

(b) Securing the removal of persons who smoke at the public facility in violation of this section.

(c) Providing a designated area separate from the fields of activity, to which smoking shall be restricted.

(4) Any person who violates this section shall, upon conviction, be subject to a civil fine and shall be liable as follows:

(a) For a first conviction, a warning;

(b) For a second conviction, a fine of Seventy-five Dollars ($75.00); and

(c) For all later convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00).

Anyone convicted under this section shall be recorded as being guilty of a civil penalty and not for violating a criminal statute. Any such violation shall be triable in any justice court or municipal court with proper jurisdiction.

(5) It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this section are enforced.

(6) If the actions of a person violate both this section and Section 97-32-29 , the person shall be liable only under this section or Section 97-32-29 , but not under both sections.
Miss. Code Ann. § 41-103-1 — MS Code / Title 41 / Chapter 11 / Section 103-1
Miss. Code Ann. § 41-103-1
Status: in_force

(1) There is created the Task Force on Heart Disease and Stroke Prevention, which will be responsible for making available state-of-the-art information on heart disease and stroke education, prevention and treatment to health care providers in Mississippi. The task force will serve as a consensus group designed to coordinate efforts in heart disease and stroke education, prevention and treatment.

(2) The task force will consist of nineteen (19) members. Membership of the task force will include one (1) representative from each of the following agencies, organizations or entities, as designated by each respective agency, organization or entity:

(a) State Department of Health;

(b) State Department of Education;

(c) Division of Medicaid, Office of the Governor;

(d) State Department of Health, Division of Emergency Medical Services;

(e) American Heart Association (Southeast Affiliate--Mississippi);

(f) Mississippi State Medical Association;

(g) Mississippi Nurses Association;

(h) Mississippi Hospital Association;

(i) Mississippi Primary Health Care Association;

(j) University of Mississippi Medical Center;

(k) Mississippi Chronic Illness Coalition;

(l) Mississippi Alliance for School Health;

(m) Information and Quality Health Care;

(n) Mississippi Association of Health System Pharmacists;

(o) Health Research and Educational Foundation, Inc.; and

(p) Association of Black Cardiologists.

(3) In addition to the members designated in subsection (2), membership of the task force will consist of the following persons:

(a) One (1) member of the Mississippi House of Representatives, appointed by the Speaker of the House;

(b) One (1) member of the Mississippi Senate, appointed by the Lieutenant Governor; and

(c) One (1) person appointed by the Governor.

(4) At its first meeting, the task force shall elect a chairman and other necessary officers from among its membership. The chairman and other officers shall be elected annually by the task force. The task force shall adopt bylaws and rules for its efficient operation. The task force may establish committees that will be responsible for conducting specific task force programs or activities.

(5) The task force shall meet and conduct business at least quarterly. All meetings of the task force and any committees of the task force will be open to the public, with opportunities for public comment provided on a regular basis. Notice of all meetings shall be given as provided in the Open Meetings Act ( Section 25-41-1 et seq. ) and appropriate notice also shall be given to all persons so requesting of the date, time and place of each meeting. Ten (10) members of the task force will constitute a quorum for the transaction of business.

(6) The task force is assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the task force. The task force will have a line item in the budget of the State Department of Health and will be financed through the department's annual appropriation.

(7) Members of the task force who are not legislators, state officials or state employees may be compensated at the per diem rate authorized by Section 25-3-69 and may be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force will be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, legislative members will not be paid per diem or expenses for attending meetings of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.
Miss. Code Ann. § 41-53-1 — MS Code / Title 41 / Chapter 21 / Section 53-1
Miss. Code Ann. § 41-53-1
Status: in_force

Every person in the State of Mississippi who owns, or has in his or her possession, any dog or cat of the age of three (3) months or over shall have said dog or cat inoculated (vaccinated) against rabies as provided herein with the recommended dosage of an anti-rabic virus (vaccine) approved by the State Board of Health, and it shall be unlawful for any person within the State of Mississippi to own or have in his or her possession within the State of Mississippi any dog or cat three (3) months of age or over which has not been inoculated (vaccinated) against rabies with the approved dosage of an approved anti-rabic virus (vaccine). It shall be the duty of every person in this state so owning or having in his or her possession a dog or cat to have said dog or cat inoculated (vaccinated) immediately after said dog or cat has reached the age of three (3) months, and it shall be said person's further duty to have said dog or cat so inoculated (vaccinated) thereafter as required by the State Board of Health. For a failure to comply with this section said person shall be subject to the penalties provided in Section 41-53-13 .
Miss. Code Ann. § 41-125-19 — MS Code / Title 41 / Chapter 24 / Section 125-19
Miss. Code Ann. § 41-125-19
Status: in_force

(1) To carry out the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the licensing agency shall adopt and publish rules to implement the provisions of this chapter, which shall include reasonable and fair standards. Any conflict between these standards and those that may be set forth in local, county or city ordinances shall be resolved in favor of those having statewide effect. Those standards shall relate to:

(a) The assurance that PPEC services are family centered and provide individualized medical, developmental and family training services.

(b) The maintenance of PPEC centers, based upon the size of the structure and number of children, relating to plumbing, heating, lighting, ventilation and other building conditions, including adequate space, which will ensure the health, safety, comfort and protection from fire of the children served.

(c) The appropriate provisions of the most recent edition of the “Life Safety Code” shall be applied.

(d) The number and qualifications of all personnel who have responsibility for the care of the children served.

(e) All sanitary conditions within the PPEC center and its surroundings, including water supply, sewage disposal, food handling and general hygiene, and maintenance thereof, which will ensure the health and comfort of children served.

(f) Programs and basic services promoting and maintaining the health and development of the children served and meeting the training needs of the children's parents or legal guardians.

(g) Supportive, contracted, other operational and transportation services.

(h) Maintenance of appropriate medical records, data and information relative to the children and programs. Those records shall be maintained in the facility for inspection by the agency.

(2) The licensing agency shall adopt rules to ensure that:

(a) No child attends a PPEC center for more than twelve (12) hours within a twenty-four-hour period.

(b) No PPEC center provides services other than those provided to medically or technologically dependent children.
Miss. Code Ann. § 41-53-13 — MS Code / Title 41 / Chapter 13 / Section 53-13
Miss. Code Ann. § 41-53-13
Status: in_force

The failure or refusal of any person to comply with any of the provisions of this chapter shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined for the first offense in a sum not to exceed Five Dollars ($5.00) and for the second offense in a sum not to exceed Twenty-five Dollars ($25.00) and for the third offense a sum not to exceed Fifty Dollars ($50.00), together with all costs. It shall be the duty of the sheriffs, conservation officers and all peace officers of the counties and municipalities of Mississippi to enforce this chapter. It shall be the duty of the county attorneys and district attorneys of this state to prosecute all violators of this chapter.
Miss. Code Ann. § 41-67-11 — MS Code / Title 41 / Chapter 3 / Section 67-11
Miss. Code Ann. § 41-67-11
Status: in_force

(1) Individual on-site wastewater disposal systems may be approved in an area where individual on-site wastewater disposal systems otherwise would not be approved because of the availability or feasibility of connection to a centralized wastewater treatment system only after a contract has been awarded or other definite commitments as are deemed sufficient to the department are formalized for the construction of a centralized wastewater treatment system that upon completion will adequately serve the property. Individual on-site wastewater disposal systems shall only be approved when the centralized wastewater treatment system will be completed and available for use within thirty-six (36) months. The department may approve the installation of a system under these circumstances only if the system will comply with the requirements of Section 41-67-5(1) and comply with all construction requirements of the department. The system may be installed only after the developer has signed a written agreement with the centralized wastewater treatment provider stating that the developer will connect to the centralized wastewater treatment system when it becomes available, and the provider of the centralized wastewater treatment system being constructed certifies that the centralized wastewater treatment system will have adequate capacity to accept the sewage to be produced by the individual on-site wastewater disposal systems. The developer shall install an internal sewage collection system from each lot to the connection point to the centralized wastewater treatment system as he develops the streets of the subdivision. Upon completion of the construction of the centralized wastewater treatment system, all individual on-site wastewater disposal systems shall be abandoned and all residences, buildings or facilities connected to the centralized wastewater treatment system.

(2) The department may approve the use of a sewage holding tank for the purpose of providing sewage services. The department shall require the proper abandonment and removal of the sewage holding tank and connection to a centralized wastewater treatment system when that system is available, or the usage is no longer needed.
Miss. Code Ann. § 41-59-47 — MS Code / Title 41 / Chapter 7 / Section 59-47
Miss. Code Ann. § 41-59-47
Status: in_force

The provisions of this chapter shall apply to all counties and incorporated municipalities except those counties and incorporated municipalities electing not to comply as expressed to the board in a written resolution by the governing body of such county or incorporated municipality. The election of any county to be included or excluded shall in no way affect the election of any incorporated municipality to be included or excluded. If any county or municipality elects to be excluded from this chapter, they may later elect to be included by resolution.

All financial grants administered by the state for emergency medical services pertaining to this chapter shall be made available to those counties and incorporated municipalities which are governed by the provisions of this chapter.
Miss. Code Ann. § 41-27-25 — MS Code / Title 41 / Chapter 26 / Section 27-25
Miss. Code Ann. § 41-27-25
Status: in_force

On or before the first day of each month following such agreement, and as long as the agreement remains in effect, the county mosquito control commission for each of the counties in such joint agreement shall meet and approve and allow for payment of all expenses, including salaries, labor, material, and the like to be paid by the county in which the work for such claims was done or performed and for which such materials were purchased during the month. The claims so approved for payment shall be entered upon the minutes of such county mosquito control commission and a copy thereof, certified by either the president or secretary of such county mosquito control commission, shall be mailed to the clerk of the board of supervisors of the county for which such county mosquito control commission was appointed, and a copy thereof mailed to the president of the board of supervisors and the president of the county mosquito control commission appointed and acting for the other counties in said agreement.
Miss. Code Ann. § 41-59-59 — MS Code / Title 41 / Chapter 25 / Section 59-59
Miss. Code Ann. § 41-59-59
Status: in_force

(1) The board of supervisors of any county of the state participating in the establishment of an emergency medical service district under the provisions of Section 41-59-51 and related statutes of the Mississippi Code of 1972 may set aside, appropriate and expend moneys from the general fund for the support and maintenance of the district. In the event the district is comprised of more than one (1) county, the contributions for support and maintenance may be made on a per capita basis.

(2) Emergency medical service districts may borrow funds in anticipation of the receipt of tax monies as otherwise provided by law for counties or municipalities.
Miss. Code Ann. § 41-83-23 — MS Code / Title 41 / Chapter 7 / Section 83-23
Miss. Code Ann. § 41-83-23
Status: in_force

Any person aggrieved by a final decision of the department or a private review agent in a contested case under this chapter shall have the right of judicial appeal to the chancery court of the county of the residence of the aggrieved person.

Notwithstanding any provision of this chapter, the insured shall have the express right to pursue any legal remedies he may have in a court of competent jurisdiction.
Miss. Code Ann. § 41-39-147 — MS Code / Title 41 / Chapter 21 / Section 39-147
Miss. Code Ann. § 41-39-147
Status: in_force

Sections 41-39-101 through 41-39-149 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001 et seq., but do not modify, limit or supersede Section 101(a) of that act, 15 USCS Section 7001 , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b) .
Miss. Code Ann. § 41-107-3 — MS Code / Title 41 / Chapter 7 / Section 107-3
Miss. Code Ann. § 41-107-3
Status: in_force

As used in this chapter:

(a) “ Health care service ” means any phase of patient medical care, treatment or procedure, including, but not limited to, the following: patient referral, counseling, therapy, testing, diagnosis or prognosis, research, instruction, prescribing, dispensing or administering any device, drug, or medication, surgery, or any other care or treatment rendered by health care providers or health care institutions.

(b) “ Health care provider ” means any individual who may be asked to participate in any way in a health care service, including, but not limited to: a physician, physician's assistant, nurse, nurses' aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist, pharmacy employee, researcher, medical or nursing school faculty, student or employee, counselor, social worker or any professional, paraprofessional, or any other person who furnishes, or assists in the furnishing of, a health care procedure.

(c) “ Health care institution ” means any public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in providing health care services, including, but not limited to: hospitals, clinics, medical centers, ambulatory surgical centers, private physician's offices, pharmacies, nursing homes, university medical schools and nursing schools, medical training facilities, or other institutions or locations where health care procedures are provided to any person.

(d) “ Health care payer ” means any entity or employer that contracts for, pays for, or arranges for the payment of, in whole or in part, a health care service, including, but not limited to, health maintenance organizations, health plans, insurance companies or management services organizations.

(e) “ Employer ” means any individual or entity that pays for or provides health benefits or health insurance coverage as a benefit to its employees, whether through a third party, a health maintenance organization, a program of self-insurance, or some other means.

(f) “ Participate ” in a health care service means to counsel, advise, provide, perform, assist in, refer for, admit for purposes of providing, or participate in providing, any health care service or any form of such service.

(g) “ Pay ” or “ payment ” means pay, contract for, or otherwise arrange for the payment of, in whole or in part.

(h) “ Conscience ” means the religious, moral or ethical principles held by a health care provider, the health care institution or health care payer. For purposes of this chapter a health care institution or health care payer's conscience shall be determined by reference to its existing or proposed religious, moral or ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations or other relevant documents.
Miss. Code Ann. § 41-26-13 — MS Code / Title 41 / Chapter 14 / Section 26-13
Miss. Code Ann. § 41-26-13
Status: in_force

(1) A public water system shall, as soon as practicable, notify the county or district health department, the board and the administrator if one (1) of the following conditions exist: (a) the system is not in compliance with the Mississippi Primary Drinking Water Regulations; (b) the system fails to perform monitoring required by regulations adopted by the board; (c) the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement; (d) the system is subject to an exemption; or (e) the system fails to comply with the requirements prescribed by a variance or exemption.

(2) In addition, the system shall provide public notice. The notice shall be provided to the Mississippi State Department of Health at least once every three (3) months, and that public notice shall be published by the department on its Web site. The system shall provide notice that the drinking water quality reports are available on the Mississippi State Department of Health Web site by placing the notice, including the Web site address, in a newspaper of general circulation in the area which is served by the water system, as determined by the director. The notice shall not be placed in the legal section of the newspaper. The notice shall be furnished to the other communications media serving the area as soon as practicable after the discovery of any condition for which the notice is required. If the water bills of a public water system are issued more often than once every three (3) months, the notice shall be included in at least one (1) water bill of the system every three (3) months, and if a public water system issues its water bills less often than once every three (3) months, the notice shall be included in each water bill issued by the system.
Miss. Code Ann. § 41-30-21 — MS Code / Title 41 / Chapter 13 / Section 30-21
Miss. Code Ann. § 41-30-21
Status: in_force

Any person may voluntarily apply for treatment for alcoholism, drug addiction, substance dependency or drug dependency, directly to any approved public or private treatment facility. If the patient is a minor or an incompetent, the application for voluntary inpatient, intermediate, or outpatient treatment, and the request for discharge from an inpatient institution, shall be made by his parent, legal guardian, or other representative.
Miss. Code Ann. § 41-73-11 — MS Code / Title 41 / Chapter 23 / Section 73-11
Miss. Code Ann. § 41-73-11
Status: in_force

The chairman of the authority shall be elected from the members of the authority by the vote of all such members. The members shall also elect from among their number a vice-chairman and such other officers as they may determine. They shall receive no compensation for their services but shall receive reimbursement for actual and necessary expenses and per diem in accordance with Sections 25-3-41 and 25-3-69 , respectively.
Miss. Code Ann. § 41-59-7 — MS Code / Title 41 / Chapter 7 / Section 59-7
Miss. Code Ann. § 41-59-7
Status: in_force

(1) There is created an emergency medical services advisory council to consist of the following members who shall be appointed by the Governor:

(a) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Trauma Committee, American College of Surgeons;

(b) One (1) licensed physician to be appointed from a list of nominees who are actively engaged in rendering emergency medical services presented by the Mississippi State Medical Association;

(c) One (1) registered nurse whose employer renders emergency medical services, to be appointed from a list of nominees presented by the Mississippi Nurses Association;

(d) Two (2) hospital administrators who are employees of hospitals which provide emergency medical services, to be appointed from a list of nominees presented by the Mississippi Hospital Association;

(e) Two (2) operators of ambulance services;

(f) Three (3) officials of county or municipal government;

(g) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Chapter of the American College of Emergency Physicians;

(h) One (1) representative from each designated trauma care region, to be appointed from a list of nominees submitted by each region;

(i) One (1) registered nurse to be appointed from a list of nominees submitted by the Mississippi Emergency Nurses Association;

(j) One (1) EMT-Paramedic whose employer renders emergency medical services in a designated trauma care region;

(k) One (1) representative from the Mississippi Department of Rehabilitation Services;

(l) One (1) member who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi;

(m) One (1) licensed neurosurgeon to be appointed from a list of nominees presented by the Mississippi State Medical Association;

(n) One (1) licensed physician with certification or experience in trauma care to be appointed from a list of nominees presented by the Mississippi Medical and Surgical Association;

(o) One (1) representative from the Mississippi Firefighters Memorial Burn Association, to be appointed by the association's governing body; and

(p) One (1) representative from the Mississippians for Emergency Medical Services, to be appointed by the association's governing body.

The terms of the advisory council members shall begin on July 1, 1974. Four (4) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Thereafter, members shall be appointed for a term of four (4) years. The executive officer or his designated representative shall serve as ex officio chairman of the advisory council. Advisory council members may hold over and shall continue to serve until a replacement is named by the Governor.

The advisory council shall meet at the call of the chairman at least annually. For attendance at such meetings, the members of the advisory council shall be reimbursed for their actual and necessary expenses including food, lodging and mileage as authorized by law, and they shall be paid per diem compensation authorized under Section 25-3-69 .

The advisory council shall advise and make recommendations to the board regarding rules and regulations promulgated pursuant to this chapter.

(2) There is created a committee of the Emergency Medical Services Advisory Council to be named the Mississippi Trauma Advisory Committee (hereinafter “MTAC”). This committee shall act as the advisory body for trauma care system development and provide technical support to the department in all areas of trauma care system design, trauma standards, data collection and evaluation, continuous quality improvement, trauma care system funding, and evaluation of the trauma care system and trauma care programs. The membership of the Mississippi Trauma Advisory Committee shall be comprised of Emergency Medical Services Advisory Council members appointed by the chairman.
Miss. Code Ann. § 41-41-157 — MS Code / Title 41 / Chapter 20 / Section 41-157
Miss. Code Ann. § 41-41-157
Status: in_force

(1) Civil and criminal penalties for violations of Sections 41-41-151 through 41-41-169 may be imposed under the following priority:

(a) Injunctive relief;

(b) Civil cause of action; and

(c) Criminal action.

(2) A cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of Section 41-41-155 may be maintained as a priority action by:

(a) A woman upon whom such a dismemberment abortion was performed or attempted to be performed;

(b) A person who is the spouse, parent or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed; or

(c) A prosecuting attorney with appropriate jurisdiction.

(3) The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 41-41-155 in this state.
Miss. Code Ann. § 41-41-91 — MS Code / Title 41 / Chapter 4 / Section 41-91
Miss. Code Ann. § 41-41-91
Status: in_force

Notwithstanding any other provision of law to the contrary, no public funds that are made available to any institution, board, commission, department, agency, official, or employee of the State of Mississippi, or of any local political subdivision of the state, whether those funds are made available by the government of the United States, the State of Mississippi, or a local governmental subdivision, or from any other public source, shall be used in any way for, to assist in, or to provide facilities for abortion, except:

(a) When the abortion is medically necessary to prevent the death of the mother; or

(b) When the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest; or

(c) When there is a fetal malformation that is incompatible with the baby being born alive.
Miss. Code Ann. § 41-61-63 — MS Code / Title 41 / Chapter 9 / Section 61-63
Miss. Code Ann. § 41-61-63
Status: in_force

(1) The State Medical Examiner shall:

(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.

(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.

(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79 . The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.

(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17 , the University of Mississippi Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.

(e) Promulgate rules and regulations regarding the manner in which county medical examiner investigators are required to enter electronically the information for all deaths that occur in the investigator's county.

(2) In addition, the medical examiners shall:

(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.

(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked “pending,” with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.

(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.

(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions shall be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Forensics Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.

(e) In all investigations of deaths occurring in the manner specified in subsection (2)(j) of Section 41-61-59 , a death investigation shall be performed by the medical examiners in accordance with the child death investigation protocol established by the State Medical Examiner. The results of the death investigation shall be reported to the State Medical Examiner on forms prescribed for that purpose by the State Medical Examiner and to appropriate authorities, including police and child protective services, within three (3) days of the conclusion of the death investigation.

(f) Electronically report all deaths, and all associated toxicology reports, that occur in the examiner's county to the State Medical Examiner in a manner prescribed by the State Medical Examiner.

(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.
Miss. Code Ann. § 41-29-169 — MS Code / Title 41 / Chapter 26 / Section 29-169
Miss. Code Ann. § 41-29-169
Status: in_force

The Mississippi Bureau of Drug Enforcement and state board of education shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs they may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
Miss. Code Ann. § 41-79-53 — MS Code / Title 41 / Chapter 23 / Section 79-53
Miss. Code Ann. § 41-79-53
Status: in_force

(1) The Mississippi Department of Human Services shall develop programs to accomplish the purpose of one or more of the following strategies:

(a) Promoting effective communication among families about preventing teen pregnancy, particularly communication among parents or guardians and their children;

(b) Educating community members about the consequences of unprotected, uninformed and underage sexual activity and teen pregnancy;

(c) Encouraging young people to postpone sexual activity and prepare for a healthy, successful adulthood, including teaching them skills to avoid making or receiving unwanted verbal, physical, and sexual advances;

(d) Providing medically accurate information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy and reduce the risk of contracting sexually transmitted infections, including HIV/AIDS; or

(e) Providing educational information, including medically accurate information about the health benefits and side effects of all contraceptives and barrier methods, for young people in those communities who are already sexually active or are at risk of becoming sexually active and inform young people in those communities about the responsibilities and consequences of being a parent, and how early pregnancy and parenthood can interfere with educational and other goals.

(2) The State Department of Health shall develop programs with the following strategies:

(a) To carry out activities, including counseling, to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;

(b) To provide necessary social and cultural support services regarding teen pregnancy;

(c) To provide health and educational services related to the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;

(d) To promote better health and educational outcomes among pregnant teens; and

(e) To provide training for individuals who plan to work in school-based support programs regarding the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens.

(3) It shall be the responsibility of school nurses employed by local school districts implementing the program developed by the State Department of Health under subsection (2) of this section to carry out the functions of those strategies to promote consistency in the administration of the program.
Miss. Code Ann. § 41-41-133 — MS Code / Title 41 / Chapter 7 / Section 41-133
Miss. Code Ann. § 41-41-133
Status: in_force

As used in Sections 41-41-131 through 41-41-145 :

(a) “ Abortion ” means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead fetus.

(b) “ Gestational age ” means the time that has elapsed since the first day of the woman's last menstrual period as determined using methods consistent with standard medical practice in the community.

(c) “ Severe fetal abnormality ” means a life-threatening physical condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb.

(d) “ Major bodily function ” includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
Miss. Code Ann. § 41-41-401 — MS Code / Title 41 / Chapter 7 / Section 41-401
Miss. Code Ann. § 41-41-401
Status: in_force

Sections 41-41-401 through 41-41-419 shall be known and may be cited as the “Life Equality Act of 2020.”
Miss. Code Ann. § 41-147-11 — MS Code / Title 41 / Chapter 17 / Section 147-11
Miss. Code Ann. § 41-147-11
Status: in_force

(1) An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an individualized investigational drug, biological product, or device.

(2) Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider shall not be considered a violation of this section.
Miss. Code Ann. § 41-39-105 — MS Code / Title 41 / Chapter 21 / Section 39-105
Miss. Code Ann. § 41-39-105
Status: in_force

Sections 41-39-101 through 41-39-149 apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Miss. Code Ann. § 41-43-1 — MS Code / Title 41 / Chapter 23 / Section 43-1
Miss. Code Ann. § 41-43-1
Status: in_force

(1) No person, firm, association, or corporation shall locate a new public or private cemetery for burial of human beings within five hundred (500) yards of a public or private hospital or other medical facility wherein sick or injured persons are usually kept overnight for medical treatment and rehabilitation, without such person, firm, association, or corporation having first obtained a written order of approval from the board of supervisors if the proposed cemetery or burial ground is located outside the corporate limits of a municipality, or without such person, firm, association, or corporation having first obtained a written order of approval from the governing authorities of the municipality if the proposed cemetery or burial ground is located inside the corporate limits of a municipality.

Any realty used for burial purposes in violation of this subsection shall be deemed a common nuisance, and may be abated by the chancery court upon a petition filed therefor by the district attorney or county attorney, city attorney, attorney for the board of supervisors, or any person or persons aggrieved by the violation of this subsection.

This subsection shall not apply to any established cemeteries or burial grounds which now have human remains interred thereon.

(2) The board of supervisors of any county is authorized and empowered, upon petition and request to do so, to establish or designate the location of any private family cemetery to be located in the county.
Miss. Code Ann. § 41-75-17 — MS Code / Title 41 / Chapter 4 / Section 75-17
Miss. Code Ann. § 41-75-17
Status: in_force

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.
Miss. Code Ann. § 41-55-3 — MS Code / Title 41 / Chapter 24 / Section 55-3
Miss. Code Ann. § 41-55-3
Status: in_force

In acting jointly the board of supervisors of any such county acting for the county or supervisors district of the county, and the governing authorities of any city or town, acting for the city or town, are hereby authorized and empowered to contract with each other, for and on behalf of the political subdivisions or parts thereof which each represents, with respect to any and all things related to the matters and things authorized in Sections 41-55-1 through 41-55-11 , and particularly to apportion and prorate the ownership of the property acquired or to be acquired in such a joint undertaking, and to determine the proportionate part of the cost of maintenance, support and operation to be assumed by each.
Miss. Code Ann. § 41-21-104 — MS Code / Title 41 / Chapter 11 / Section 21-104
Miss. Code Ann. § 41-21-104
Status: in_force

The court shall have continuing jurisdiction over a person committed to an inpatient or outpatient treatment program under this chapter for one (1) year after completion of the treatment program. During that time, the court, upon affidavit in the same cause of action, may conduct a hearing consistent with this chapter or Title 41, Chapter 31, Mississippi Code of 1972 , to determine whether the person needs to be recommitted for further mental health treatment or to determine whether the person is in need of alcohol and drug treatment. Upon a finding by the court that the person is in need of further treatment, the court may commit the person to an appropriate treatment facility. The person subject to commitment must be afforded the due process to which he or she is entitled under Chapters 21 and 31 of Title 41, Mississippi Code of 1972 . This section may not be construed so as to conflict with the provisions of Section 41-21-87 .
Miss. Code Ann. § 41-59-21 — MS Code / Title 41 / Chapter 22 / Section 59-21
Miss. Code Ann. § 41-59-21
Status: in_force

The issuance of a license shall not be construed to authorize any person, firm, corporation or association to provide ambulance services or to operate any ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district or authority.
Miss. Code Ann. § 41-19-45 — MS Code / Title 41 / Chapter 9 / Section 19-45
Miss. Code Ann. § 41-19-45
Status: in_force

(1) After making expenditures of at least Two Million Five Hundred Thousand Dollars ($2,500,000.00) each year to provide funding for county and municipal law enforcement training and court liaisons as authorized by this section, the Department of Mental Health is authorized to expend any additional funds to provide grants to community mental health centers for the purpose of increasing housing for patients. A community mental health center may apply to the Department of Mental Health for a grant to pay for the cost of patient housing. A community mental health center desiring assistance under this section must submit an application to the Department of Mental Health. The application must include any information required by the Department.

(2) The Department of Mental Health shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
Miss. Code Ann. § 41-43-41 — MS Code / Title 41 / Chapter 22 / Section 43-41
Miss. Code Ann. § 41-43-41
Status: in_force

Any nonperpetual care cemetery, after May 6, 1958, may become a perpetual care cemetery by complying with the requirement for a perpetual care cemetery as provided in Section 41-43-31 et seq. From and after July 1, 2009, all cemeteries created shall be perpetual care cemeteries unless exempt under the provisions of Section 41-43-31 et seq.
Miss. Code Ann. § 41-13-107 — MS Code / Title 41 / Chapter 3 / Section 13-107
Miss. Code Ann. § 41-13-107
Status: in_force

Neither the establishment of a trust under Section 41-13-101 nor the participation of a hospital in such trust shall constitute a “contract of insurance” within the meaning of Section 83-5-5 , and the trust shall not be considered an “insurance company” or any other concern subject to the inspection and supervision of the Insurance Commissioner within the meaning of Section 83-5-1 or of the Insurance Commission within the meaning of Section 83-3-1 et seq.
Miss. Code Ann. § 41-23-101 — MS Code / Title 41 / Chapter 20 / Section 23-101
Miss. Code Ann. § 41-23-101
Status: in_force

The state board of health is hereby authorized to offer rubella screening tests to all females of childbearing age and to collect fees to defray the costs of such tests, provided that such fees shall not exceed the applicable Medicaid rate.
Miss. Code Ann. § 41-27-19 — MS Code / Title 41 / Chapter 21 / Section 27-19
Miss. Code Ann. § 41-27-19
Status: in_force

Two or more counties may combine for the purpose of carrying out the provisions of this article in the respective counties, each county retaining all rights set forth in this article. The commissioners in the counties combined may enter into agreement to employ for purposes of economy, the same director and other personnel for the work of the commission in the counties so combined, all expenses, including salaries, labor, material, and the like being paid by the county in which the work is performed.
Miss. Code Ann. § 41-34-5 — MS Code / Title 41 / Chapter 19 / Section 34-5
Miss. Code Ann. § 41-34-5
Status: in_force

The boards may establish by rule and regulation requirements and procedures for a licensee and a licensure applicant to report his/her status as a carrier of the Hepatitis B Virus and Human Immunodeficiency Virus to the board and shall enforce such requirements and procedures.
Miss. Code Ann. § 41-123-3 — MS Code / Title 41 / Chapter 13 / Section 123-3
Miss. Code Ann. § 41-123-3
Status: in_force

(1) The Office of Mississippi Physician Workforce shall be administered by the State Department of Health. An advisory board shall be created to assist the department in achieving the purpose of this chapter to be known as the “Mississippi Physician Workforce Advisory Board.” The advisory board shall be composed of the following members:

(a) The Chairman of the State Board of Health or his or her designee.

(b) Two (2) physicians appointed by and from the membership of the Mississippi State Medical Association for a term of three (3) years. Any member appointed under this paragraph may be reappointed for two (2) additional terms.

(c) Two (2) physicians appointed by and from the membership of the Mississippi Academy of Family Physicians for a term of three (3) years. Any member appointed under this paragraph may be reappointed for two (2) additional terms.

(d) One (1) physician appointed by and from the membership of each of the following organizations, whose terms shall be for three (3) years and who may be reappointed for two (2) additional terms:

(i) Mississippi Osteopathic Medical Association;

(ii) Mississippi Chapter, American College of Physicians;

(iii) Mississippi Chapter, American Academy of Pediatrics;

(iv) Mississippi Chapter, American College of OB-GYN; and

(v) Mississippi Medical and Surgical Association.

(e) Two (2) physician designees of the Dean of the University of Mississippi School of Medicine, who will serve at the will and pleasure of the dean. One (1) of the members appointed under this paragraph must be responsible for Graduate Medical Education at the University of Mississippi School of Medicine.

(f) The Chair of the Department of Family Medicine at the University of Mississippi School of Medicine.

(g) A member of the State Board of Medical Licensure, who will serve at the will and pleasure of that board.

(h) Two (2) designees of the Dean of the William Carey University College of Osteopathic Medicine, who will serve at the will and pleasure of the dean. One (1) of the designees shall be responsible for GME.

(i) One (1) representative of the Mississippi Economic Council appointed by the president of the council, and who will serve at the will and pleasure of the president.

(j) One (1) representative of the Mississippi Development Authority appointed by the executive director of the authority, who will serve at the will and pleasure of the executive director.

(k) One (1) representative of the Mississippi Hospital Association, who will serve at the will and pleasure of the association.

(l) Two (2) representatives of the Community Health Center Association of Mississippi (CHCAM), who will serve at the will and pleasure of the association.

(2) Vacancies on the advisory board must be filled in a manner consistent with the original appointments.

(3) The advisory board shall establish rules for transacting its business. A majority of the members of the advisory board shall constitute a quorum at all advisory board meetings. An affirmative vote of a majority of the members present and voting shall be required in the making of recommendations by the advisory board. The advisory board shall elect a chair and vice chair from among its members. The chair shall serve for a term of two (2) years, upon the expiration of which the vice chair shall assume the office of chair.

(4) The advisory board shall hold no less than two (2) meetings annually.

(5) The advisory board may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the advisory board. All actions taken by the executive committee must be ratified by the advisory board at its next regularly scheduled meeting.

(6) Members of the advisory board shall serve without compensation, but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the advisory board, as provided in Section 25-3-41 .

(7) The advisory board shall be housed at the State Department of Health.
Miss. Code Ann. § 41-28-3 — MS Code / Title 41 / Chapter 23 / Section 28-3
Miss. Code Ann. § 41-28-3
Status: in_force

The State Board of Health is authorized to establish a program of public education and awareness of the symptoms and care and treatment of persons suffering from diabetes. The program shall be designed to disseminate information to the public, to the medical and para-medical communities, and others, relating to the symptoms, care and treatment of diabetes.
Miss. Code Ann. § 41-9-211 — MS Code / Title 41 / Chapter 9 / Section 9-211
Miss. Code Ann. § 41-9-211
Status: in_force

In forming an integrated network and in contracting for services, members of a rural health network and officers, agents, representatives, employees and directors of any member thereof shall be considered to be acting pursuant to clearly expressed state policy as established in Sections 41-9-201 through 41-9-217 under the supervision of the State of Mississippi and shall not be subject to state or federal antitrust laws while so acting.
Miss. Code Ann. § 41-29-101 — MS Code / Title 41 / Chapter 24 / Section 29-101
Miss. Code Ann. § 41-29-101
Status: in_force

This article is to be known as the Uniform Controlled Substances Law.
Miss. Code Ann. § 41-29-176.1 — MS Code / Title 41 / Chapter 21 / Section 29-176.1
Miss. Code Ann. § 41-29-176.1
Status: in_force

The seizing law enforcement agency shall within thirty (30) days of a seizure, request either the district attorney of the county in which property is seized or the Mississippi Bureau of Narcotics to prosecute any cases involving seized property. No one other than the district attorney of the county in which the seizure occurred or an attorney from the Mississippi Bureau of Narcotics shall have authority to prosecute the forfeiture of the seized property. If the district attorney and the Mississippi Bureau of Narcotics decline to prosecute the forfeiture of the seized property, the seizing law enforcement agency shall notify the person from whom the property was seized that the property will not be forfeited, within thirty (30) days of receiving the notice not to prosecute, and shall provide written instructions advising the person how to retrieve the seized property.
Miss. Code Ann. § 41-26-25 — MS Code / Title 41 / Chapter 19 / Section 26-25
Miss. Code Ann. § 41-26-25
Status: in_force

(1)(a) There is created in the State Treasury a fund to be designated as the “Public Water System Assistance Fund.” The fund shall contain two (2) accounts, designated as the “Public Water System Technical Assistance Account” and the “Public Water Systems Bond Operations Account.”

(b) Monies in the Public Water System Technical Assistance Account shall be used to pay the reasonable direct and indirect costs of providing technical assistance to public water systems under the program established in Section 41-26-5 . Monies in the Public Water Systems Bond Operations Account shall be used as ordered by the court under Section 41-26-31 .

(2) Expenditures may be made from the fund upon requisition by the director.

(3) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.

(4) The fund may receive monies from any available public or private source, including, but not limited to, collection of fines, penalties or fees, proceeds from bond or other financial security forfeitures, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds.
Miss. Code Ann. § 41-29-505 — MS Code / Title 41 / Chapter 20 / Section 29-505
Miss. Code Ann. § 41-29-505
Status: in_force

A judge of competent jurisdiction in the circuit court district of the location where the interception of wire, oral or other communications is sought, or a circuit court district contiguous to such circuit court district, may issue an order authorizing interception of wire, oral or other communications only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of a felony under the Uniform Controlled Substances Law.
Miss. Code Ann. § 41-20-9 — MS Code / Title 41 / Chapter 4 / Section 20-9
Miss. Code Ann. § 41-20-9
Status: in_force

(1) When the coordinator determines that a county or a geographic area within a county offers inadequate mental health services, the coordinator shall inform the board(s) of supervisors and the regional commission of the geographic areas where the services are inadequate.

(2) When the coordinator determines services are inadequate, the coordinator shall determine if there is a plan in place or a plan being developed to increase access to mental health services in that county or the geographic area within the county where mental health services are inadequate and shall assess the viability of the plan, including its sufficiency to address the inadequacy of the available mental health services.

(3) If there is no plan in place or being developed, the coordinator may allow the county board of supervisors or the regional commission a reasonable time to develop and implement a plan.

(4) If the coordinator determines that the plan is or will be insufficient to provide mental health services to the population of the county or the geographic area within the county where the services are inadequate, the coordinator shall develop and implement a plan to facilitate increased access to mental health services in the county or geographic area by:

(a) First meeting with the board of supervisors of the county in which the mental health services are inadequate and the regional commission in which the county is located to explain in detail the possible consequences of the failure of the county and commission to address the inadequacy of the available mental health services in the county or the geographic area within the county, which shall include putting the regional commission on probation and ultimately decertifying the commission. Then the coordinator shall work with one or more of the regional commissions that are adjacent to the county or the geographic area within the county where the mental health services are inadequate to determine if one of those regional commissions is willing to provide those services in the county or geographic area, and if a regional commission is willing to do so, the coordinator shall take all necessary steps to facilitate the transfer of the responsibility of providing those services to that regional commission; or

(b) If no regional commission adjacent to the county or the geographic area within the county where the mental health services are inadequate is willing to provide those services in the county or geographic area, then working with one or more of the regional commissions that are not adjacent to the county or geographic area to determine if one of those regional commissions is willing to provide those services in the county or geographic area.

(5) If the coordinator determines that no regional commission in the state is willing to provide the necessary mental health services in the county or the geographic area within the county where the services are inadequate, the coordinator shall notify the State Board of Mental Health. Within a reasonable time after receiving such notice from the coordinator, the board shall issue a request for proposals to obtain public or private providers of mental health services to provide the necessary mental health services in the county or the geographic area within the county where the services are inadequate. The request for proposals process followed by the board to obtain those services shall not be subject to the rules, regulations or approval of the Public Procurement Review Board.
Miss. Code Ann. § 41-30-23 — MS Code / Title 41 / Chapter 3 / Section 30-23
Miss. Code Ann. § 41-30-23
Status: in_force

The administrator in charge of any approved public or private in-patient, out-patient, or intermediate facility, subject to the rules and regulations established by the division, may determine who shall be admitted for treatment; provided no person shall be retained by the treatment facility upon voluntary commitment on an in-patient basis for a period in excess of thirty (30) days.
Miss. Code Ann. § 41-137-63 — MS Code / Title 41 / Chapter 21 / Section 137-63
Miss. Code Ann. § 41-137-63
Status: repealed

(1)(a) There is established a Medical Cannabis Advisory Committee, which shall be the committee that is required to advise the Legislature about medical cannabis and cannabis product, patient care, services and industry.

(b) The advisory committee shall consist of nine (9) members, as follows:

(i) The Governor shall appoint three (3) members to the committee, as follows:

1. One (1) representative from the MDOH;

2. One (1) registered qualifying patient; and

3. One (1) physician with experience in medical cannabis issues;

(ii) The Lieutenant Governor shall appoint three (3) members, as follows:

1. One (1) owner or agent of a medical cannabis cultivation facility;

2. One (1) representative from the MDOH; and

3. One (1) qualified certified nurse practitioner, physician assistant or optometrist;

(iii) The Speaker of the House shall appoint three (3) members, as follows:

1. One (1) owner or agent of a medical cannabis processing facility;

2. One (1) owner or agent of a medical cannabis dispensary; and

3. One (1) representative from the MDOR.

(c) The advisory committee shall meet at least two (2) times per year for the purpose of evaluating and making recommendations to the Legislature and the MDOH and MDOR regarding:

(i) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;

(ii) The effectiveness of the medical cannabis establishments in serving the needs of registered qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, security issues, and the sufficiency of the number operating to serve the state's registered qualifying patients;

(iii) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;

(iv) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the MDOH to ensure that access to and use of cannabis cultivated is provided only to cardholders;

(v) Any recommended additions or revisions to the MDOH and MDOR rules and regulations or this chapter, including relating to security, safe handling, labeling, nomenclature, and whether additional types of licenses should be made available; and

(vi) Any research studies regarding health effects of medical cannabis for patients.

(d) The advisory committee shall accept public comment in writing and in person at least once per year. The advisory committee shall meet at least two (2) times per year and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.

(e) The chairman of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman.

(f) The members of the advisory committee specified in paragraph (b) of this subsection shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law.

(2) This section shall stand repealed on December 31, 2026.
Miss. Code Ann. § 41-147-3 — MS Code / Title 41 / Chapter 22 / Section 147-3
Miss. Code Ann. § 41-147-3
Status: in_force

(1) A manufacturer operating within an eligible facility and pursuant to all applicable FWA laws and regulations may make available an individualized investigative treatment and an eligible patient may request an individualized investigational drug, biological product or device from an eligible facility or manufacturer operating within an eligible facility under this chapter. This chapter does not require that a manufacturer make available an individualized investigational drug, biological product, or device to an eligible patient.

(2) An eligible facility or manufacturer operating within an eligible facility may do all of the following:

(a) Provide an individualized investigational drug, biological product, or device to an eligible patient without receiving compensation; and

(b) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
Miss. Code Ann. § 41-113-5 — MS Code / Title 41 / Chapter 24 / Section 113-5
Miss. Code Ann. § 41-113-5
Status: in_force

(1) The Office of Tobacco Control shall be under the management of a director, who shall be appointed by the State Health Officer. The responsibility for implementation of the comprehensive and statewide tobacco education, prevention and cessation program shall be vested in the director. The director shall be an individual who has knowledge and experience in public health, medical care, health care services, preventive health measures or tobacco use control. The director shall be the administrative officer of the Office of Tobacco Control, and shall perform the duties that are required of him or her by law and such other duties as may be assigned to him or her by the State Board of Health. The director shall receive such compensation as may be fixed by the State Board of Health, subject to the approval of the State Personnel Board.

(2) The State Health Officer may employ such other persons as may be necessary to carry out the provisions of this chapter. The compensation and the terms and conditions of their employment shall be determined by the State Board of Health in accordance with applicable state law and rules and regulations of the State Personnel Board.
Miss. Code Ann. § 41-125-11 — MS Code / Title 41 / Chapter 11 / Section 125-11
Miss. Code Ann. § 41-125-11
Status: in_force

The licensing agency shall require criminal record background screening and fingerprinting for personnel by the Mississippi Department of Public Safety.
Miss. Code Ann. § 41-39-145 — MS Code / Title 41 / Chapter 21 / Section 39-145
Miss. Code Ann. § 41-39-145
Status: in_force

In applying and construing Sections 41-39-101 through 41-39-149 , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Miss. Code Ann. § 41-41-115 — MS Code / Title 41 / Chapter 19 / Section 41-115
Miss. Code Ann. § 41-41-115
Status: in_force

(1) Nothing in Sections 41-41-101 through 41-41-117 shall be construed as creating or recognizing a right to abortion.

(2) It is not the intention of Sections 41-41-101 through 41-41-117 to make lawful an abortion that is currently unlawful.
Miss. Code Ann. § 41-23-13 — MS Code / Title 41 / Chapter 23 / Section 23-13
Miss. Code Ann. § 41-23-13
Status: in_force

The State Board of Health, when informed by a county health officer, or otherwise, of the existence of any matter or thing calculated to produce, aggravate, or cause the spread of any epidemic or contagious disease, or to affect injuriously the health of the public or community, may declare the same a nuisance. When it does so, it shall notify the district attorney, county attorney, municipal attorney, county health officer, municipal health officer or town marshal, of the district where the nuisance exists, who shall forthwith commence proceedings by information in the circuit court to have the same abated. The parties in interest shall have five days' notice of the proceedings, which shall be served as in ordinary suits. Such proceedings may be tried by the judge, in term-time or in vacation, in a summary way, and if the matter be urgent, it shall be tried without delay. However, the parties in interest shall have a jury if they demand it, which the judge shall cause to be summoned, if in vacation, returnable at some early day, to be fixed by him, and the matter shall be tried as other causes by judge and jury. If the matter be found to be a nuisance, the judge shall order the same abated, which order shall be executed by the sheriff or other proper officer, and an appeal shall not be allowed therefrom. This section shall not affect the right which municipalities may have to abate a nuisance, or any common law or equity proceedings for that purpose.
Miss. Code Ann. § 41-29-521 — MS Code / Title 41 / Chapter 23 / Section 29-521
Miss. Code Ann. § 41-29-521
Status: in_force

A violation of Section 41-29-517 or 41-29-519 shall be punished as contempt of court.
Miss. Code Ann. § 41-43-40 — MS Code / Title 41 / Chapter 3 / Section 43-40
Miss. Code Ann. § 41-43-40
Status: in_force

Every perpetual care cemetery shall maintain continuously and at all times an up-to-date record of the persons buried in the cemetery or entombed within a mausoleum or columbarium; the date of burial or entombment; a map of the designated lot for burial or entombment as well as a map of lots, burial spaces, mausoleum crypts or columbarium niches that have been sold. The map or plat shall also contain up-to-date designations indicating committed or planned designations of burial lots, crypt, niche or mausoleum spaces for future use. Additionally, the Secretary of State may require those maps to be filed with the Secretary of State in any intervals as the Secretary of State may establish by rule or regulation.
Miss. Code Ann. § 41-30-5 — MS Code / Title 41 / Chapter 21 / Section 30-5
Miss. Code Ann. § 41-30-5
Status: in_force

There is hereby created a division of alcohol and drug misuse within the Mississippi State Board of Health or, if the 1974 Regular Session shall enact House Bill 411 1 and thereby, upon approval by the governor, create a board of mental health or department of mental health, then the division shall be created in such board or department of mental health which shall have as its chief administrative officer the director of the division of alcohol and drug misuse. The director shall be selected by the executive officer of the board and shall receive such compensation as established by the board. The director shall have an advanced academic degree along with experience and training in an area of study providing knowledge of medical-social problems including alcoholism or the organization or administration of treatment services for persons suffering from medical-social problems including alcoholism.
Miss. Code Ann. § 41-19-209 — MS Code / Title 41 / Chapter 17 / Section 19-209
Miss. Code Ann. § 41-19-209
Status: in_force

Persons admitted to the center shall be assessed support and maintenance costs in accordance with the provisions of the state reimbursement laws as they apply to other state institutions.
Miss. Code Ann. § 41-29-123 — MS Code / Title 41 / Chapter 23 / Section 29-123
Miss. Code Ann. § 41-29-123
Status: in_force

The board shall revise and republish the schedules set out in Sections 41-29-113 through 41-29-121 at least once every twelve months.
Miss. Code Ann. § 41-135-5 — MS Code / Title 41 / Chapter 14 / Section 135-5
Miss. Code Ann. § 41-135-5
Status: in_force

(1) Hospitals that provide birth services may adopt an infant feeding policy that promotes and supports breast-feeding. Any infant feeding policies adopted under this section shall include guidance on the use of formula (a) for medically necessary supplementation; (b) if preferred by the mother; or (c) when exclusive breast-feeding is not advised for the mother and/or infant.

(2) Any breast-feeding infant feeding policy adopted under this section must be written down and all relevant hospital personnel, including, but not limited to, obstetric and neonatal staff, must be trained in the necessary skills to implement the adopted policy.

(3) Hospitals may make a copy of their breast-feeding infant feeding policy available to the State Department of Health.
Miss. Code Ann. § 41-77-23 — MS Code / Title 41 / Chapter 19 / Section 77-23
Miss. Code Ann. § 41-77-23
Status: in_force

Any person or persons or other entity or entities establishing, managing or operating a “birthing center” or conducting the business of a “birthing center” without the required license, or which otherwise violate any of the provisions of this chapter or the Mississippi Health Care Commission Law of 1979, as amended, or the rules, regulations or standards promulgated in furtherance of any law in which the commission has authority therefor, shall be subject to the penalties and sanctions of Section 41-7-209, Mississippi Code of 1972 .
Miss. Code Ann. § 41-147-1 — MS Code / Title 41 / Chapter 21 / Section 147-1
Miss. Code Ann. § 41-147-1
Status: in_force

As used in this chapter, the following terms shall have the meanings ascribed herein:

(a) “ Life-threatening or severely debilitating illness ,” means as it is defined in Section 312.81 of Title 21, Code of Federal Regulations (or any successor law or regulation, as applicable).

(b) “ Eligible patient ” means an individual who meets the following conditions:

(i) Has considered all other treatment options currently approved by the United States Food and Drug Administration;

(ii) Has received a recommendation from his or her physician for an individualized investigational treatment, based on analysis of the patient's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products (such as enzymes and other types of proteins), or metabolites;

(iii) Has a life-threatening or severely debilitating illness, or serious disease or condition associated with morbidity that has a substantial impact on day-to-day functioning, attested to by the patient's treating physician;

(iv) Has given written, informed consent for the use of the investigational drug, biological product, or device; and

(v) Has documentation from his or her physician that he or she meets the requirements of this paragraph; or

(vi) An individual who has documentation from his or her physician that the individual has been diagnosed with the human immunodeficiency virus (HIV).

(c) “ Individualized investigational treatment ” means drugs, biological products, or devices that are unique to and produced exclusively for use for an individual patient, based on their own genetic profile, or long-acting injectable antiretroviral drugs for the treatment of patients with HIV.

(d) “ Individualized investigational treatment ” includes, but is not limited to, individualized gene therapy antisense oligonucleotides (ASO) and individualized neoantigen vaccines. Individualized investigational treatment does not include any drug, biological product, or device derived from human primary or secondary embryonic stem cells or cell lines, or tissues or cells derived from abortion, but does include any drug, biological product, or device derived from human perinatal tissues, cells, and secreted factors not obtained from an abortion.

(e) “ Written, informed consent ” means a written document that is signed by the patient; or if the patient is a minor, by any person authorized to consent under Section 41-41-3 ; and attested to by the patient's physician and a witness and that, at a minimum, includes all of the following:

(i) An explanation of the currently approved products and treatments for the illness, disease or condition from which the patient suffers;

(ii) An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life;

(iii) Clear identification of the specific proposed individualized investigational drug, biological product or device that the patient is seeking to use;

(iv) A description of the potentially best and worst outcomes of using the individualized investigational drug, biological product, or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;

(v) A statement that the patient's health plan or third party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the individualized investigational drug, biological product, or device, unless they are specifically required to do so by law or contract;

(vi) A statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the individualized investigational drug, biological product, or device and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements; and

(vii) A statement that the patient understands that he or she is liable for all expenses consequent to the use of the individualized investigational drug, biological product, or device and that this liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product, or device states otherwise.

(f) “ Eligible facility ” means an institution that is operating under a Federal-wide Assurance (FWA) for the Protection of Human Subjects under 42 U.S.C. 289(a) and 45 CFR Part 46 . and eligible facility is subject to the FWA laws, regulations, policies, and guidelines including renewals or updates.
Miss. Code Ann. § 41-67-37 — MS Code / Title 41 / Chapter 9 / Section 67-37
Miss. Code Ann. § 41-67-37
Status: in_force

(1) A person may not operate as a certified professional evaluator in this state unless that person is currently certified by the department or is a licensed professional engineer.

(2) A person must meet one (1) of the following requirements, in addition to the additional requirements set forth in other sections of this chapter and rules and regulations of the board, in order to be eligible to become a certified professional evaluator:

(a) Be a professional geologist registered in the State of Mississippi;

(b) Be a professional soil classifier licensed in the State of Mississippi; or

(c) Be a person who possesses a demonstrable, adequate and appropriate record of professional experience and/or training as determined by the department.

(3) The department shall issue a certification to a certified professional evaluator if the certified professional evaluator:

(a) Completes an application form that complies with this chapter and rules adopted under this chapter;

(b) Satisfactorily completes the certified professional evaluator training program provided by the department;

(c) Pays the certification fee once every three (3) years; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65 ; and

(d) Provides proof of having an errors and omissions policy or surety in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.

(4) Each certified professional evaluator shall furnish proof of certification to a property owner or the owner's representative of the property before performing a site evaluation of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by the certified professional evaluator and to the department or its authorized representative, if requested.

(5) The department shall provide for renewal of certifications once every three (3) years.

(6) The department shall disseminate to the public an official list of certified professional evaluators.

(7) If any person who is not a licensed professional engineer operates in the state as a certified professional evaluator without certification by the department, the department, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
Miss. Code Ann. § 41-19-237 — MS Code / Title 41 / Chapter 13 / Section 19-237
Miss. Code Ann. § 41-19-237
Status: in_force

A person may be deemed eligible for admission to the center if:

(a) His parents or guardian or person in loco parentis has resided in the state not less than one (1) year before the date of admission; and

(b) He is at least five (5) years of age and has such an intellectual disability that he is incapable of managing himself or his affairs, or he has an intellectual disability to the extent that special care, training and education provided at the center will enable him to better function in society; or

(c) He is committed to the center by the chancery court in the manner hereinafter provided; or

(d) He is under five (5) years of age and is approved for admission by the Board of Mental Health, upon the recommendation of the director, because of having an exceptional handicap.
Miss. Code Ann. § 41-27-125 — MS Code / Title 41 / Chapter 11 / Section 27-125
Miss. Code Ann. § 41-27-125
Status: in_force

Anyone willfully refusing to comply with this article shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not less than fifteen (15) days, nor more than ninety (90) days, or be both so fined and imprisoned.
Miss. Code Ann. § 41-103-1 — MS Code / Title 41 / Chapter 22 / Section 103-1
Miss. Code Ann. § 41-103-1
Status: in_force

(1) There is created the Task Force on Heart Disease and Stroke Prevention, which will be responsible for making available state-of-the-art information on heart disease and stroke education, prevention and treatment to health care providers in Mississippi. The task force will serve as a consensus group designed to coordinate efforts in heart disease and stroke education, prevention and treatment.

(2) The task force will consist of nineteen (19) members. Membership of the task force will include one (1) representative from each of the following agencies, organizations or entities, as designated by each respective agency, organization or entity:

(a) State Department of Health;

(b) State Department of Education;

(c) Division of Medicaid, Office of the Governor;

(d) State Department of Health, Division of Emergency Medical Services;

(e) American Heart Association (Southeast Affiliate--Mississippi);

(f) Mississippi State Medical Association;

(g) Mississippi Nurses Association;

(h) Mississippi Hospital Association;

(i) Mississippi Primary Health Care Association;

(j) University of Mississippi Medical Center;

(k) Mississippi Chronic Illness Coalition;

(l) Mississippi Alliance for School Health;

(m) Information and Quality Health Care;

(n) Mississippi Association of Health System Pharmacists;

(o) Health Research and Educational Foundation, Inc.; and

(p) Association of Black Cardiologists.

(3) In addition to the members designated in subsection (2), membership of the task force will consist of the following persons:

(a) One (1) member of the Mississippi House of Representatives, appointed by the Speaker of the House;

(b) One (1) member of the Mississippi Senate, appointed by the Lieutenant Governor; and

(c) One (1) person appointed by the Governor.

(4) At its first meeting, the task force shall elect a chairman and other necessary officers from among its membership. The chairman and other officers shall be elected annually by the task force. The task force shall adopt bylaws and rules for its efficient operation. The task force may establish committees that will be responsible for conducting specific task force programs or activities.

(5) The task force shall meet and conduct business at least quarterly. All meetings of the task force and any committees of the task force will be open to the public, with opportunities for public comment provided on a regular basis. Notice of all meetings shall be given as provided in the Open Meetings Act ( Section 25-41-1 et seq. ) and appropriate notice also shall be given to all persons so requesting of the date, time and place of each meeting. Ten (10) members of the task force will constitute a quorum for the transaction of business.

(6) The task force is assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the task force. The task force will have a line item in the budget of the State Department of Health and will be financed through the department's annual appropriation.

(7) Members of the task force who are not legislators, state officials or state employees may be compensated at the per diem rate authorized by Section 25-3-69 and may be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force will be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, legislative members will not be paid per diem or expenses for attending meetings of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.
Miss. Code Ann. § 41-79-55 — MS Code / Title 41 / Chapter 23 / Section 79-55
Miss. Code Ann. § 41-79-55
Status: in_force

(1) Beginning with the 2012-2013 school year, to the extent that federal or state funds are available and appropriated by the Legislature for the purposes of establishing and implementing the Prevention of Teen Pregnancy Pilot Program authorized by Section 41-79-5 , the State Department of Health in conjunction with the State Department of Education shall establish a pilot program in each of the nine (9) health districts as defined by the State Department of Health, to be located in a school district in a county in that district having the highest number of teen pregnancies.

(2) The State Department of Health and the State Department of Education shall jointly provide education services through qualified personnel to increase awareness of the health, social and economic risks associated with teen pregnancy. The services and curriculum provided shall have a primary emphasis on reducing the teenage pregnancy rate in those pilot districts.
Miss. Code Ann. § 41-121-3 — MS Code / Title 41 / Chapter 22 / Section 121-3
Miss. Code Ann. § 41-121-3
Status: in_force

The Legislature finds and declares that:

(a) There are a multitude of professional degrees using the term “doctor,” including Medical Doctor (M.D.); Doctor of Osteopathic Medicine (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); Doctor of Nursing Practice (D.N.P.); Doctor of Pharmacy (Pharm.D.); and other designations which may be used by health care practitioners.

(b) Choosing a health care provider is one of the most important decisions a patient makes, which should be supported by full disclosure from their health care provider. There are differences regarding the training and qualifications required to earn the professional degrees described in and subject to this chapter. These differences often concern the training and skills necessary to correctly detect, diagnose, prevent and treat serious health care conditions.

(c) There is a compelling state interest in patients being promptly and clearly informed of the actual training and qualifications of their health care practitioners who provide health care services. This chapter aims to provide public protection against potentially misleading and deceptive health care advertising that cause patients to have undue expectations regarding their medical treatments and outcomes.
Miss. Code Ann. § 41-27-27 — MS Code / Title 41 / Chapter 10 / Section 27-27
Miss. Code Ann. § 41-27-27
Status: in_force

Upon receipt of a certified copy of such approved list of claims and expenses, and at the time when other claims are considered by the several boards of supervisors of the counties in such agreement, the clerks of such boards of supervisors shall submit such list of approved claims to such boards of supervisors for their approval, and a county warrant shall be ordered issued, payable to the president and secretary of the joint, or combined, mosquito control commission of such counties.
Miss. Code Ann. § 41-19-3 — MS Code / Title 41 / Chapter 19 / Section 19-3
Miss. Code Ann. § 41-19-3
Status: in_force

The center shall be located on a site selected by the Board of Trustees of Mental Institutions and approved by the Mississippi State Building Commission. The center, however, shall be located as near as possible to an urban area or institution having adequate medical and hospital facilities and shall embrace sufficient land for such agricultural activities as the board may deem necessary for the operation of the center.

Out of funds provided therefor by the Legislature or from any sources, the building commission is hereby authorized to purchase or acquire the necessary land for the location of the center; or the commission may acquire the land by gift, deed, transfer, or other legitimate means; or the center may be located on land belonging to the state or one of its political subdivisions. However, any such land selected shall be transferred or deeded to the State of Mississippi for the sole use of the Board of Trustees of Mental Institutions in carrying out the provisions of Sections 41-19-1 through 41-19-17 .
Miss. Code Ann. § 41-43-57 — MS Code / Title 41 / Chapter 14 / Section 43-57
Miss. Code Ann. § 41-43-57
Status: in_force

(1) In exceptional circumstances only, a perpetual care owner can make an application to the Secretary of State for an order directing the trustee to release trust principal for the extended care, maintenance or improvements to the perpetual care cemetery for which interest funds are insufficient. Before issuing such an order, the Secretary of State shall satisfy himself that the request is for a major capital expenditure that will advance the perpetual care life of the cemetery without undue risk to the solvency of the perpetual care trust fund. Consistent with this section, this shall be the only instance in which a perpetual care trust corpus may be utilized for cemetery maintenance and improvements. In the consideration of the application, the Secretary of State may require the production of any records deemed necessary and relevant to the cemetery's application for a major capital expenditure.

(2) In addition the authority provided under subsection (1) of this section, subject to the provisions of Section 19-5-105(2) or 21-19-11(7) , the board of supervisors of a county or the governing authority of a municipality also may make application to the Secretary of State for an order directing the trustee to release either accrued interest or principal of the trust fund for reimbursement to the county or municipality for the actual costs of cleanup performed by the county or municipality.
Miss. Code Ann. § 41-93-9 — MS Code / Title 41 / Chapter 4 / Section 93-9
Miss. Code Ann. § 41-93-9
Status: in_force

(1) The department may accept grants, services and property from the federal government, foundations, organizations, medical schools and other entities as may be available for the purposes of fulfilling the obligations of this program.

(2) The department shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement this program.
Miss. Code Ann. § 41-21-89 — MS Code / Title 41 / Chapter 3 / Section 21-89
Miss. Code Ann. § 41-21-89
Status: in_force

Nothing in Sections 41-21-61 through 41-21-107 shall preclude any patient, his attorney, or relative or guardian from seeking a patient's release from a treatment facility by application for writ of habeas corpus; provided that the application shall be made to the chancellor of the county in which the patient is hospitalized. Provided, further, that if the patient is hospitalized at the Mississippi State Hospital at Whitfield, Mississippi, the said application shall be made to a chancellor of the First Judicial District of Hinds County, Mississippi.
Miss. Code Ann. § 41-51-11 — MS Code / Title 41 / Chapter 10 / Section 51-11
Miss. Code Ann. § 41-51-11
Status: in_force

All poultry and meats and their component parts or products having physical characteristics of an edible product or capable of being used for or diverted to human food, and all poultry and meats and their products which have become unsound, unwholesome, or any other way unfit for human food including any rendered or unrendered grease, tallow or other fats, or the carcass or parts of carcass of any other animal or poultry which is unfit for human consumption shall not be transported or stored within the State of Mississippi until and unless the same shall have been decharacterized, denatured or otherwise destroyed for human food purposes. The commissioner shall promulgate rules and regulations necessary for the safe and proper handling of these poultry and animal parts or products in the interest of public health. The commissioner shall exercise the police powers of the state in the search, seizure, confiscation and destruction in the investigation and prosecution of violations of this section.
Miss. Code Ann. § 41-86-7 — MS Code / Title 41 / Chapter 17 / Section 86-7
Miss. Code Ann. § 41-86-7
Status: in_force

There is established a Children's Health Insurance Program in Mississippi, which shall be financed by state appropriations and federal matching funds received by the state under the Children's Health Insurance Program established by Title XXI of the federal Social Security Act, as amended.
Miss. Code Ann. § 41-121-7 — MS Code / Title 41 / Chapter 22 / Section 121-7
Miss. Code Ann. § 41-121-7
Status: in_force

(1) An advertisement for health care services that names a health care practitioner must identify the type of license held according to the definitions under this chapter. The advertisement shall be free from any and all deceptive or misleading information.

(2) A health care practitioner providing health care services in this state must conspicuously post in their office and affirmatively communicate the practitioner's specific licensure as defined under this chapter. This shall consist of the following: The health care practitioner shall display in his or her office a writing that clearly identifies the type of license held by the health care practitioner. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.

(3) A health care practitioner who practices in more than one (1) office shall be required to comply with these requirements in each practice setting.

(4) Health care practitioners working in nonpatient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of this chapter.
Miss. Code Ann. § 41-23-101 — MS Code / Title 41 / Chapter 3 / Section 23-101
Miss. Code Ann. § 41-23-101
Status: in_force

The state board of health is hereby authorized to offer rubella screening tests to all females of childbearing age and to collect fees to defray the costs of such tests, provided that such fees shall not exceed the applicable Medicaid rate.
Miss. Code Ann. § 41-75-7 — MS Code / Title 41 / Chapter 7 / Section 75-7
Miss. Code Ann. § 41-75-7
Status: in_force

An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65 .
Miss. Code Ann. § 41-123-1 — MS Code / Title 41 / Chapter 13 / Section 123-1
Miss. Code Ann. § 41-123-1
Status: in_force

There is established the Office of Mississippi Physician Workforce within the State Department of Health for the purpose of overseeing the physician workforce development and needs, both in numbers and distribution, of the State of Mississippi. The office shall have a director, who must be a physician licensed in the State of Mississippi and who shall be appointed by the State Health Officer. In addition, the office shall have a researcher to assist the director in collecting and analyzing data concerning the physician workforce needs of Mississippi and other necessary staff to assist in its work. The office shall have the following duties, at a minimum:

(a) Assessing the current numbers, ages, types of practice, hospital affiliations, and geographic distribution of physicians in each medical specialty in Mississippi;

(b) Assessing the current and future physician workforce needs of the State of Mississippi;

(c) Assisting in the creation and/or support of Accreditation Council for Graduate Medical Education (ACGME) accredited GME training programs in the State of Mississippi based on needs analysis and criteria established by the office and the advisory board while maintaining a strong and continued priority focus on family medicine. This support may include the awarding of state financial assistance as available, for the creation or support of family medicine residencies and other GME programs approved by the advisory board;

(d) Encouraging the development of an adequate and geographically distributed physician workforce in all specialties for the State of Mississippi with an evolving strategic plan; and

(e) Providing an annual report to the Governor and the Legislature on the current status of the physician workforce and training programs in Mississippi.
Miss. Code Ann. § 41-41-117 — MS Code / Title 41 / Chapter 9 / Section 41-117
Miss. Code Ann. § 41-41-117
Status: in_force

Any provision of Sections 41-41-101 through 41-41-117 that is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless the holding is one of utter invalidity or unenforceability, in which event the provision shall be deemed severable from Sections 41-41-101 through 41-41-117 and shall not affect the remainder of Sections 41-41-101 through 41-41-117 or the application of the provision to other persons not similarly situated or to other dissimilar circumstances.
Miss. Code Ann. § 41-41-105 — MS Code / Title 41 / Chapter 19 / Section 41-105
Miss. Code Ann. § 41-41-105
Status: in_force

As used in Sections 41-41-101 through 41-41-117 , the following terms shall have the meanings ascribed in this section unless the context indicates otherwise:

(a) “ Abortion-inducing drug ” means a medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman to cause the death of the unborn child. This includes the use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion. Use of those drugs to induce abortion is also known as “medical abortion.” This definition does not apply to drugs that may be known to cause an abortion but are prescribed for other medical indications (e.g., chemotherapeutic agents and diagnostic drugs).

(b) “ Abortion ” means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman to cause the death of the unborn child. That use, prescription or means is not an abortion if done with the intent to:

(i) Save the life of the mother;

(ii) Save the life or preserve the health of the unborn child;

(iii) Remove a dead unborn child caused by spontaneous abortion;

(iv) Remove an ectopic pregnancy;

(v) Prevent hemorrhaging by the pregnant woman; or

(vi) Treat a maternal disease or illness other than pregnancy for which the prescribed drug is indicated.

(c) “ Department ” means the State Department of Health.

(d) “ LMP ” or “ gestational age ” means the time that has elapsed since the first day of the woman's last menstrual period.

(e) “ Physician ” means any medical doctor (M.D.) or osteopathic doctor (D.O.) licensed to practice medicine in this state.

(f) “ Pregnant ” or “ pregnancy ” means the female reproductive condition of having an unborn child in the woman's uterus.

(g) “ Unborn child ” means the offspring of human beings from conception until birth.
Miss. Code Ann. § 41-73-27 — MS Code / Title 41 / Chapter 20 / Section 73-27
Miss. Code Ann. § 41-73-27
Status: in_force

The authority is hereby granted all powers necessary or appropriate to carry out and effectuate its public and corporate purposes, including but not limited to the following:

(a) To have perpetual succession as a body politic and corporate and an independent instrumentality exercising essential public functions;

(b) To adopt, amend and repeal bylaws, rules and regulations, not inconsistent with this act, to regulate its affairs and to carry into effect the powers and purposes of the authority and conduct its business;

(c) To sue and be sued in its own name;

(d) To have an official seal and alter it at will;

(e) To maintain an office at such place or places within the state as it may designate;

(f) To monitor on a continuing basis the need for hospital equipment financing and hospital facilities financing at interest rates which are consistent with the needs of hospital institutions;

(g) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this act;

(h) To employ architects, engineers, attorneys, inspectors, accountants and health care experts and financial advisors, and such other advisors, consultants and agents as may be necessary in its judgment, and to fix their compensation;

(i) To procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it may deem advisable, including the power to pay premiums on any such insurance;

(j) To procure insurance or guarantees from any public or private entities, including any department, agency or instrumentality of the United States of America, to secure payment (i) on a loan, lease or purchase payment owed by a participating hospital institution to the authority and (ii) of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee;

(k) To procure letters of credit from any national or state banking association or other entity authorized to issue a letter of credit to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease or purchase payment owed by a participating hospital institution to the authority, including the power to pay the cost of obtaining such letter of credit;

(l) To receive and accept from any source aid or contributions of money, property, labor or other things of value to be held, used and applied to carry out the purposes of this act subject to the conditions upon which the grants or contributions are made, including but not limited to gifts or grants from any department, agency or instrumentality of the United States of America for any purpose consistent with the provisions of this act;

(m) To provide, or cause to be provided by a participating hospital institution, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing or installation, one or more hospital facilities located within the state or items of hospital equipment to be located within a hospital facility in the state;

(n) To lease as lessor any hospital facility or any item of hospital equipment for such rentals and upon such terms and conditions as the authority may deem advisable and as are not in conflict with the provisions of this act;

(o) To sell for installment payments or otherwise, to option or contract for such sale, and to convey all or any part of any hospital facility or any item of hospital equipment for such price and upon such terms and conditions as the authority may deem advisable and as are not in conflict with the provisions of this act;

(p) To make contracts and incur liabilities, borrow money at such rates of interest as the authority may determine, issue its bonds in accordance with the provisions of this act, and secure any of its bonds or obligations by mortgage or pledge of all or any of its property, franchises and income or as otherwise provided in this act;

(q) To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing for the cost of any hospital facility or item of hospital equipment, including the retiring of any outstanding obligations with respect to such hospital facility or hospital equipment, and the reimbursement for the cost of any hospital facility or hospital equipment, purchased within two (2) years immediately preceding the date of the bond issue, made or given by any participating hospital institution for the cost of any hospital facility, hospital equipment, and to charge and collect interest on such loans for such loan payments and upon such terms and conditions as the authority may deem advisable and as are not in conflict with the provisions of this act;

(r) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this act;

(s) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use or otherwise deal in and with, hospital facilities and equipment, or any interest therein, wherever situated, as the purposes of the authority shall require;

(t) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets;

(u) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease or agreement of any kind to which the authority is a party; and

(v) To assist participating hospital institutions to obtain funds for any purpose by utilizing the value of the receivables of such participating hospital institutions through the making of loans secured by such receivables, by purchasing such receivables, by utilizing such receivables to secure obligations of the authority, or through any combination of the foregoing.
Miss. Code Ann. § 41-26-1 — MS Code / Title 41 / Chapter 14 / Section 26-1
Miss. Code Ann. § 41-26-1
Status: in_force

This chapter shall be known and cited as the “Mississippi Safe Drinking Water Act of 1997.”
Miss. Code Ann. § 41-42-3 — MS Code / Title 41 / Chapter 22 / Section 42-3
Miss. Code Ann. § 41-42-3
Status: in_force

For the purposes of this chapter and as used herein:

(a) “Board” means the Mississippi State Board of Health;

(b) “Physician” means any doctor of medicine duly licensed to practice his profession in Mississippi or the state in which he resides and lawfully practicing his profession;

(c) “Contraceptive procedures” means any medically accepted procedure designed to prevent conception;

(d) “Contraceptive supplies” means those medically approved items designed to prevent conception through chemical, mechanical, or other means.
Miss. Code Ann. § 41-90-7 — MS Code / Title 41 / Chapter 17 / Section 90-7
Miss. Code Ann. § 41-90-7
Status: in_force

The State Health Officer shall appoint an advisory committee of at least nine (9) members that may include physician(s), audiologist(s), educator(s), parent(s) and others as appropriate. The committee shall provide advice to the State Interagency Coordinating Council established under Section 41-87-7 , and the State Department of Health on issues regarding this chapter and its provisions. The committee shall be created so that members serve for three (3) years and one-third ( 1 / 3 ) of its members are retired annually, unless reappointed.
Miss. Code Ann. § 41-29-301 — MS Code / Title 41 / Chapter 10 / Section 29-301
Miss. Code Ann. § 41-29-301
Status: in_force

No person shall manufacture, compound, mix, cultivate, grow or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of pharmacy. However, the provisions of this section shall not apply to the dispensing, administration, giving away, mixing or otherwise preparing any of such drugs by a registered physician, dentist or veterinarian in the course of his professional practice, where said drugs are dispensed, administered, given away, mixed or otherwise prepared for legitimate medical purposes.
Miss. Code Ann. § 41-39-145 — MS Code / Title 41 / Chapter 10 / Section 39-145
Miss. Code Ann. § 41-39-145
Status: in_force

In applying and construing Sections 41-39-101 through 41-39-149 , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Miss. Code Ann. § 41-31-15 — MS Code / Title 41 / Chapter 25 / Section 31-15
Miss. Code Ann. § 41-31-15
Status: in_force

The provisions of the law with respect to the costs of commitment and the cost of support, including the prohibition in Section 41-21-65 regarding the charging of extra fees and expenses to persons initiating commitment proceedings, methods of determination of persons liable therefor, and methods of determination of financial ability, and all provisions of law enabling the state to secure reimbursement of any such items of cost, applicable to the commitment to and support of the mentally ill persons in state hospitals, shall apply with equal force in respect to each item of expense incurred by the state in connection with the commitment, care, custody, treatment, and rehabilitation of any person committed to the state hospitals and maintained in any institution or hospital operated by the State of Mississippi under the provisions of this chapter.
Miss. Code Ann. § 41-83-23 — MS Code / Title 41 / Chapter 9 / Section 83-23
Miss. Code Ann. § 41-83-23
Status: in_force

Any person aggrieved by a final decision of the department or a private review agent in a contested case under this chapter shall have the right of judicial appeal to the chancery court of the county of the residence of the aggrieved person.

Notwithstanding any provision of this chapter, the insured shall have the express right to pursue any legal remedies he may have in a court of competent jurisdiction.
Miss. Code Ann. § 41-21-89 — MS Code / Title 41 / Chapter 13 / Section 21-89
Miss. Code Ann. § 41-21-89
Status: in_force

Nothing in Sections 41-21-61 through 41-21-107 shall preclude any patient, his attorney, or relative or guardian from seeking a patient's release from a treatment facility by application for writ of habeas corpus; provided that the application shall be made to the chancellor of the county in which the patient is hospitalized. Provided, further, that if the patient is hospitalized at the Mississippi State Hospital at Whitfield, Mississippi, the said application shall be made to a chancellor of the First Judicial District of Hinds County, Mississippi.
Miss. Code Ann. § 41-41-107 — MS Code / Title 41 / Chapter 9 / Section 41-107
Miss. Code Ann. § 41-41-107
Status: in_force

(1) It shall be unlawful to knowingly give, sell, dispense, administer or otherwise provide or prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in that pregnant woman, or enabling another person to induce an abortion in a pregnant woman, unless the person who gives, sells, dispenses, administers or otherwise provides or prescribes the abortion-inducing drug is a physician, and the provision or prescription of the abortion-inducing drug satisfies the standard of care.

(2) Because the failure and complications from medical abortion increase with increasing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering or otherwise providing or prescribing the abortion-inducing drug must first physically examine the woman and document in the woman's medical chart the gestational age and intrauterine location of the pregnancy before giving, selling, dispensing, administering or otherwise providing or prescribing the abortion-inducing drug.

(3) When any drug or chemical is used for the purpose of inducing an abortion, the drug or chemical must be administered in the same room and in the physical presence of the physician who gave, sold, dispensed or otherwise provided or prescribed the drug or chemical to the patient.

(4) Every pregnant woman to whom a physician gives, sells, dispenses, administers or otherwise provides or prescribes any abortion-inducing drug shall be provided with a copy of the drug's final printed label or FPL.

(5) If the physician giving, selling, dispensing, administering or otherwise providing or prescribing any abortion-inducing drug is unable to provide follow-up care, the physician must have a signed contract with a physician who agrees to provide follow-up care and produce that signed contract if requested by the patient or by the department. The contract shall include the name and contact information of the follow-up physician. The contract follow-up physician must have active hospital admitting privileges and gynecological/surgical privileges.

(6) The physician giving, selling, dispensing, administering or otherwise providing or prescribing any abortion-inducing drug, or an agent of the physician, must schedule a follow-up visit for the woman at approximately fourteen (14) days after administration of the abortion-inducing drug to provide treatment that meets the standard of care.
Miss. Code Ann. § 41-85-25 — MS Code / Title 41 / Chapter 4 / Section 85-25
Miss. Code Ann. § 41-85-25
Status: in_force

(1) It is unlawful for any person or public body to offer or advertise to the public in any way by any medium whatever to be a hospice as defined in this chapter without obtaining a valid current license. It is unlawful for any holder of a license issued pursuant to the provisions of this chapter to advertise or hold out to the public that it holds a license for a hospice program other than that for which it actually holds a license.

(2) Any person found guilty of violating subsection (1) is guilty of a misdemeanor, punishable, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail for not greater than six (6) months, or both. Each day of a continuing violation shall be considered a separate offense.
Miss. Code Ann. § 41-33-15 — MS Code / Title 41 / Chapter 13 / Section 33-15
Miss. Code Ann. § 41-33-15
Status: in_force

When any county health officer has reasonable grounds to believe that any person has active tuberculosis, he shall formally request such person to submit to a medical examination.

In order to protect the health, safety, and welfare of the public, it shall be a misdemeanor for any person to refuse to submit to a medical examination when the county health officer has reasonable grounds to believe that such person has active tuberculosis, and upon conviction, such person shall be fined not more than Fifty Dollars ($50.00) or imprisoned not longer than thirty (30) days, or both.
Miss. Code Ann. § 41-29-177 — MS Code / Title 41 / Chapter 13 / Section 29-177
Miss. Code Ann. § 41-29-177
Status: in_force

(1) Except as otherwise provided in Section 41-29-176, Mississippi Code of 1972 , and in Section 41-29-107.1 , when any property, other than a controlled substance, raw material or paraphernalia, is seized under the Uniform Controlled Substances Law, proceedings under this section shall be instituted within thirty (30) days from the date of seizure or the subject property shall be immediately returned to the party from whom seized.

(2) A petition for forfeiture shall be filed by the district attorney or his or her designee, or an attorney for the bureau, as applicable, in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972 . A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Bureau of Narcotics or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Mississippi Bureau of Narcotics or the local law enforcement agency has actual knowledge;

(d) Any holder of a mortgage, deed of trust, lien or encumbrance of record, if the property is real estate, by making a good faith inquiry as described in subsection (8) of this section; and

(e) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Bureau of Narcotics or the local law enforcement agency shall make inquiry of the Department of Revenue as to what the records of the Department of Revenue show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi, then the Bureau of Narcotics or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the bureau or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Bureau of Narcotics or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972 , as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Bureau of Narcotics or the local law enforcement agency shall make inquiry of the Mississippi Department of Transportation as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(7) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Bureau of Narcotics or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) If the property is real estate, the Bureau of Narcotics or the local law enforcement agency shall make inquiry of the chancery clerk of the county wherein the property is located to determine who is the owner of record and who, if anyone, is a holder of a bona fide mortgage, deed of trust, lien or encumbrance.

(9) In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Bureau of Narcotics or the local law enforcement agency shall cause any record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest, or holder of an encumbrance, mortgage or deed of trust which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(10) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Bureau of Narcotics or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of _______________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41 , and shall be served as provided in Section 11-33-37, Mississippi Code of 1972 , for publication of notice for attachments at law.

(11) No proceedings instituted pursuant to the provisions of this article shall proceed to hearing unless the judge conducting the hearing is satisfied that this section and Section 41-29-107.1 has been complied with. Any answer received from an inquiry required by subsections (3) through (8) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 41-71-11 — MS Code / Title 41 / Chapter 23 / Section 71-11
Miss. Code Ann. § 41-71-11
Status: in_force

Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing may, within thirty (30) days after the mailing or serving of notice of the decision, file a notice of appeal in the chancery court of the First Judicial District of Hinds County, Mississippi, or the chancery court of the county in which the home health agency is located or to be located, and the chancery clerk shall serve a copy of the notice of appeal upon the licensing agency. Thereupon the licensing agency shall, within sixty (60) days or such additional time as the court may allow from the filing of such notice, certify to the court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Findings of fact by the licensing agency shall be conclusive unless substantially contrary to the weight of the evidence, but upon good cause shown, the court may remand the case to the licensing agency to take further evidence, and the licensing agency may thereupon affirm, reverse or modify its decision. The court may affirm, modify or reverse the decision of the licensing agency and either the applicant or licensee or the licensing agency may appeal from this decision to the Supreme Court as in other cases in the chancery court. Pending final disposition of the matter the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs as in other cases in chancery shall apply equally to cases under this section.
Miss. Code Ann. § 41-13-103 — MS Code / Title 41 / Chapter 9 / Section 13-103
Miss. Code Ann. § 41-13-103
Status: in_force

The trustees of trusts established pursuant to Section 41-13-101 shall hold the legal title to all property at any time belonging to the trust. They shall have control over such property as well as the control and management of the business and affairs of the trust. Liability to third persons for any act, omission or obligation of a trustee of a trust, when acting in such capacity, shall extend to the whole of the trust estate or so much thereof as may be necessary to discharge such obligation, but no trustee shall be personally liable for any such act, omission or obligation. The trustees shall have such powers as to the investment of the trust estate as may be set out in the declaration of trust. However, the investments of the trust shall be limited to the same type, kind and quality as those required of a domestic casualty insurer. Without limiting the generality of the foregoing, the trustees shall have any powers, whether conferred upon them by the agreement of trust or otherwise, to perform all acts necessary or desirable to the conduct of the business of a public liability insurer.
Miss. Code Ann. § 41-125-1 — MS Code / Title 41 / Chapter 4 / Section 125-1
Miss. Code Ann. § 41-125-1
Status: in_force

It is the intent of the Legislature to develop, establish, and enforce licensure and basic standards for prescribed pediatric extended care centers in order to assure that the centers provide the necessary family-centered medical, developmental, physiological, nutritional, psychosocial and family training services.
Miss. Code Ann. § 41-75-19 — MS Code / Title 41 / Chapter 24 / Section 75-19
Miss. Code Ann. § 41-75-19
Status: in_force

Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure.
Miss. Code Ann. § 41-41-145 — MS Code / Title 41 / Chapter 25 / Section 41-145
Miss. Code Ann. § 41-41-145
Status: in_force

(1) Sections 41-41-131 through 41-41-145 shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save Sections 41-41-131 through 41-41-145 from judicial invalidation. Judicial reformation of statutory language is explicitly authorized only to the extent necessary to save the statutory provision from invalidity.

(2) If any court determines that a provision of Sections 41-41-131 through 41-41-145 is unconstitutionally vague, the court shall interpret the provision, as a matter of state law, to avoid the vagueness problem and shall enforce the provision to the maximum possible extent. If a federal court finds any provision of Sections 41-41-131 through 41-41-145 or its application to any person, group of persons, or circumstances to be unconstitutionally vague and declines to impose the saving construction described by this subsection, the Mississippi Supreme Court shall provide an authoritative construction of the objectionable statutory provisions that avoids the constitutional problems while enforcing the statute's restrictions to the maximum possible extent, and shall agree to answer any question certified from a federal appellate court regarding the statute.

(3) State executive or administrative officials may not decline to enforce Sections 41-41-131 through 41-41-145 , or adopt a construction of Sections 41-41-131 through 41-41-145 in a way that narrows their applicability, based on the official's own beliefs about what the state or federal constitution requires, unless the official is enjoined by a state or federal court from enforcing Sections 41-41-131 through 41-41-145 .

(4) Sections 41-41-131 through 41-41-145 may not be construed to authorize the prosecution of or a cause of action to be brought against a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of Sections 41-41-131 through 41-41-145 .
Miss. Code Ann. § 41-137-53 — MS Code / Title 41 / Chapter 13 / Section 137-53
Miss. Code Ann. § 41-137-53
Status: in_force

(1) A bank may provide any services to any person or entity licensed in this state to engage in the business of medical cannabis, or with any person or entity engaging in business dealings with such licensee, if the bank provides those services to any other business.

(2) A bank and its officers, directors, agents and employees shall not be held liable pursuant to any state law or regulation solely for:

(a) Providing financial services to a licensed medical cannabis establishment; or

(b) Investing any income derived from providing financial services to a licensed medical cannabis establishment.

(3) Nothing in this section shall require a bank to provide financial services to a licensed medical cannabis establishment.
Miss. Code Ann. § 41-41-221 — MS Code / Title 41 / Chapter 14 / Section 41-221
Miss. Code Ann. § 41-41-221
Status: in_force

(1) A health-care provider or institution that intentionally violates Sections 41-41-201 through 41-41-229 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.

(2) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance health-care directive or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, is subject to liability to that individual for damages of Twenty-five Hundred Dollars ($2,500.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.
Miss. Code Ann. § 41-29-315 — MS Code / Title 41 / Chapter 17 / Section 29-315
Miss. Code Ann. § 41-29-315
Status: in_force

(1) This section shall be known and referred to as the “Victoria Huggins’ Mississippi Pill Press Law of 2022.”

(2)(a) Unless authorized by the State Board of Pharmacy or other lawful authority, it is unlawful for any person knowingly or intentionally to possess, create, sell, barter, transfer, manufacture, or distribute a pill press, a punch, die, plate, tableting machine, encapsulating machine, or any similar pharmaceutical producing equipment, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or counterfeit controlled substance.

(b) Any person who violates this subsection shall be, if convicted, imprisoned by not more than five (5) years or fined not more than Five Thousand Dollars ($5,000.00), or both.

(3) All pill presses, punches, dies, plates, tableting machines, encapsulating machines or any similar pharmaceutical producing equipment shall be registered with the Mississippi Bureau of Narcotics, unless the pill press is authorized by the Board of Pharmacy or other lawful authority. The Mississippi Department of Public Safety shall promulgate rules regarding the registration, transfer and destruction of such equipment and the renewal of registrations, to include inspection of all of equipment registered and any product that the equipment is being used to manufacture.
Miss. Code Ann. § 41-13-105 — MS Code / Title 41 / Chapter 3 / Section 13-105
Miss. Code Ann. § 41-13-105
Status: in_force

No hospital which is a participant in such a trust, as grantor, member, beneficiary or otherwise, shall be liable or obligated to the trust, to the trustee, to any other grantor, member or beneficiary, to any creditor of the trust or to any other person by virtue of its participation other than for the payment of its full agreed contribution to the trust in accordance with the trust agreement. Without limiting the generality of the foregoing, no participating hospital shall incur any other liability of any nature whatever because of or arising out of its participation in such a trust.
Miss. Code Ann. § 41-21-81 — MS Code / Title 41 / Chapter 14 / Section 21-81
Miss. Code Ann. § 41-21-81
Status: in_force

If at any time within twenty (20) days after admission of a patient to a treatment facility the director determines that the patient is in need of continued hospitalization, he shall give written notice of his findings, together with his reasons for such findings, to the respondent, the patient's attorney, the clerk of the admitting court and the two (2) nearest relatives or guardian of the patient, if the addresses of such relatives or guardian are known. The patient, or any aggrieved relative or friend or guardian shall have sixty (60) days from the date of such notice to request a hearing on the question of the patient's commitment for further treatment. The patient, or any aggrieved relative or guardian or friend, may request a hearing by filing a written notice of request within such sixty (60) days with the clerk of the county within which the facility is located; provided, however, that the patient may request such a hearing in writing to any member of the professional staff, which shall be forwarded to the director and promptly filed with the clerk of the county within which the facility is located and provided further that if the patient is confined at the Mississippi State Hospital, Whitfield, Mississippi, said notice of request shall be filed with the Chancery Clerk of the First Judicial District of Hinds County, Mississippi. A copy of the notice of request must be filed by the patient or on his behalf with the director and the chancery clerk of the admitting court. The notice of the need for continued hospitalization shall be explained to the patient by a member of the professional staff and the explanation documented in the clinical record. At the same time the patient shall be advised of his right to request a hearing and of his right to consult a lawyer prior to deciding whether to request the hearing, and the fact that the patient has been so advised shall be documented in the clinical record. Hearings held pursuant to this section shall be held in the chancery court of the county where the facility is located; provided, however, that if the patient is confined at the Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the Chancery Court of the First Judicial District of Hinds County, Mississippi.
Miss. Code Ann. § 41-21-141 — MS Code / Title 41 / Chapter 13 / Section 21-141
Miss. Code Ann. § 41-21-141
Status: in_force

(1) To implement a comprehensive psychiatric emergency service, a single point of entry must request licensure from the State Department of Health for the number of extended observation beds that are required to adequately serve the designated catchment area. A license for the requested beds must be obtained before beginning operation.

(2) If the State Department of Health determines that a comprehensive psychiatric emergency service can provide for the privacy and safety of all patients receiving services in the hospital, the department may approve the location of one or more of the extended observation beds within another area of the hospital rather than in proximity to the emergency department.

(3) Each comprehensive psychiatric emergency service shall provide or contract to provide qualified physicians, psychiatric nurse practitioners, psychiatric physician assistants and ancillary personnel necessary to provide services twenty-four (24) hours per day, seven (7) days per week.

(4) A comprehensive psychiatric emergency service shall have at least one (1) physician, psychiatric nurse practitioner or psychiatric physician assistant, who is a member of the staff of the hospital, on duty and available at all times. However, the medical director of the service may waive this requirement if provisions are made for a physician in the emergency department to assume responsibility and provide initial evaluation and treatment of a person in custody of a CIT officer or referred by the community mental health center and provisions are made for the physician, psychiatric nurse practitioner or psychiatric physician assistant on call for the comprehensive psychiatric emergency service to evaluate the person onsite within thirty (30) minutes of notification that the person has arrived.

(5) Any person admitted to a comprehensive psychiatric emergency service must have a final disposition within a maximum of seventy-two (72) hours. If a person cannot be stabilized within seventy-two (72) hours, that person shall be transferred from an extended observation bed to a more appropriate inpatient unit.
Miss. Code Ann. § 41-125-7 — MS Code / Title 41 / Chapter 25 / Section 125-7
Miss. Code Ann. § 41-125-7
Status: in_force

(1) Separate licenses are required for PPEC centers maintained on separate premises, even though they are operated under the same management. Separate licenses are not required for separate buildings on the same grounds.

(2) An applicant or licensee shall pay a fee for each license application and annual license renewal under this chapter and applicable rules. The amount of the fee shall be Twenty Dollars ($20.00) for each licensed bed in the PPEC, with a minimum fee of Five Hundred Dollars ($500.00) and a maximum fee of Five Thousand Dollars ($5,000.00). Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65 .

(3) County-operated or municipally operated PPEC centers applying for licensure under this chapter are exempt from the payment of license fees.
Miss. Code Ann. § 41-43-33 — MS Code / Title 41 / Chapter 22 / Section 43-33
Miss. Code Ann. § 41-43-33
Status: in_force

Any person, partnership, corporation or other organization organized or engaging in business under the laws of the State of Mississippi, whether for profit or not-for-profit, or wheresoever organized and doing business in the State of Mississippi, of owning, maintaining or operating a cemetery, providing lots or other interment space therein for the remains of human bodies, except such organizations and cemeteries that are affiliated with or owned by churches or religious societies, established fraternal societies, municipalities, other political subdivisions of the State of Mississippi, or family cemeteries or family burial grounds, and community cemeteries that provide burial lots at no charge, or sell burial lots to the public, shall be subject to the provisions of Section 41-43-31 et seq.

From and after July 1, 2009, all new cemeteries must be perpetual care cemeteries unless exempt under the provisions of this section.
Miss. Code Ann. § 41-77-11 — MS Code / Title 41 / Chapter 25 / Section 77-11
Miss. Code Ann. § 41-77-11
Status: in_force

The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to “birthing centers,” licensed or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section 25-43-1 et seq., Mississippi Code of 1972 , and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the City of Jackson, Mississippi, entitled “Record of Rules, Regulations and Standards.” The book shall be open and available to all “birthing centers” and the public during regular business hours.
Miss. Code Ann. § 41-41-1 — MS Code / Title 41 / Chapter 3 / Section 41-1
Miss. Code Ann. § 41-41-1
Status: in_force

The procurement, processing, storage, distribution and/or use of whole blood, plasma, blood products and blood derivatives, human tissue, organs or bones for the purpose of injecting, transfusing, transplanting or transferring the same or any of them into the human body for all purposes whatsoever constitutes the rendering of a service by every person participating therein, whether or not any remuneration is paid therefor, and does not constitute a sale. The maximum usable life span or shelf life for human blood preserved in citrate phosphate dextrose shall be governed by federal regulations promulgated and adopted by the Food and Drug Administration.
Miss. Code Ann. § 41-67-3 — MS Code / Title 41 / Chapter 4 / Section 67-3
Miss. Code Ann. § 41-67-3
Status: in_force

(1) The board and/or the department shall have the following duties and responsibilities:

(a) To exercise general supervision over the design, installation, operation and maintenance of individual on-site wastewater disposal systems, decentralized wastewater treatment systems and cluster systems;

(b) To adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to, to grant exemptions from and to enforce rules and regulations implementing or effectuating the duties of the board under this chapter to protect the public health. The board may grant variances from rules and regulations adopted under this chapter, including requirements for buffer zones, or from setbacks required under Section 41-67-7 where the granting of a variance shall not subject the public to unreasonable health risks or jeopardize environmental resources;

(c) To provide or deny certification for persons engaging in the business for hire of the installation, operation or maintenance of individual on-site wastewater disposal systems and persons engaging in the removal and disposal of the sludge and liquid waste from those systems;

(d) To suspend or revoke certifications issued to persons engaging in the business for hire of the installation, operation or maintenance of individual on-site wastewater disposal systems or persons engaging in the removal and disposal of the sludge and liquid waste from those systems, when it is determined the person has violated this chapter or applicable rules and regulations;

(e) To require the submission of information deemed necessary by the department to determine the suitability of individual lots for individual on-site wastewater disposal systems for the purpose of commercial or residential development; and

(f) To adopt, modify, repeal and promulgate rules and regulations, after due notice and hearing, and where not otherwise prohibited by federal or state law, as necessary to determine the suitability of individual on-site wastewater disposal systems in subdivisions.

(2) To assure the effective and efficient administration of this chapter, the board shall adopt rules governing the design, construction or installation, operation and maintenance of individual on-site wastewater disposal systems, including rules concerning the:

(a) Review and approval of individual on-site wastewater disposal systems in accordance with Section 41-67-6 ;

(b) Certification of installers;

(c) Certification of pumpers;

(d) Certification of manufacturers;

(e) Certification of professional evaluators; and

(f) Creation of regulations that authorize the original and any subsequent homeowner to be trained by certified installers as defined in Section 41-67-25(2) or other factory representatives in order to educate the homeowner with the necessary knowledge to provide maintenance to the homeowner's system; no fees shall be charged to the homeowner for such training, thus allowing the homeowner to meet the requirements of Section 41-67-7(5) .

(3) In addition, the board shall adopt rules establishing performance standards for individual on-site wastewater disposal systems for single family residential generators and rules concerning the operation and maintenance of individual on-site wastewater disposal systems designed to meet those standards. The performance standards shall be consistent with the federal Clean Water Act, maintaining the wastes on the property of the generator and protection of the public health. Rules for the operation and maintenance of individual on-site wastewater disposal systems designed to meet performance standards shall include rules concerning the following:

(a) A standard application form and requirements for supporting documentation;

(b) Application review;

(c) Approval or denial of authorization for proposed systems;

(d) Requirements, as deemed appropriate by the board, for annual renewal of authorization;

(e) Enforcement of the requirements and conditions of authorization; and

(f) Inspection, monitoring, sampling and reporting on the performance of the system.

Any system proposed for authorization in accordance with performance standards must be designed and certified by a licensed professional engineer in the State of Mississippi and must be authorized by the department before installation.

(4) To the extent practicable, all rules and regulations adopted under this chapter shall give maximum flexibility to persons installing individual on-site wastewater disposal systems and all options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator and consistent with protection of the public health. In addition, all rules and regulations, to the extent practicable, shall encourage the use of economically feasible systems, including all techniques and technologies for individual on-site wastewater disposal.

(5) All regulations shall be applied uniformly in all areas of the state and shall take into consideration and make provision for different types of soil in the state when performing soil and site evaluations.
Miss. Code Ann. § 41-29-151 — MS Code / Title 41 / Chapter 17 / Section 29-151
Miss. Code Ann. § 41-29-151
Status: in_force

Any penalty imposed for violation of this article is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

If a violation of this article is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
Miss. Code Ann. § 41-26-15 — MS Code / Title 41 / Chapter 4 / Section 26-15
Miss. Code Ann. § 41-26-15
Status: in_force

The following acts and the causing of these acts are prohibited:

(a) Failure by a supplier of water to comply with the requirements of Section 41-26-13 , or dissemination by that supplier of any false or misleading information with respect to notices required under Section 41-26-13 , or with respect to remedial actions being undertaken to achieve compliance with Mississippi Primary Drinking Water Regulations;

(b) Failure by a supplier of water to comply with this chapter or applicable rules or regulations promulgated under this chapter, or with conditions of any variances or exemptions granted under this chapter;

(c) Failure by any person to comply with any order issued by the director, administrative law judge or hearing officer under this chapter;

(d) Refusal by a supplier of water to allow an authorized representative of the department to inspect any public water system;

(e) Contamination of a public water system;

(f) Intentionally damaging any pipe or other part of a public water system;

(g) Discharge of sewage or other waste at any location that may come into contact with a public water system intake, unless that discharge is permitted or authorized by a state or federal agency; and

(h) Abandonment or other termination of water services to more than fifty percent (50%) of the customers of a system by a supplier of water, without providing at least sixty (60) days' notice to all customers served by the public water system and the department.
Miss. Code Ann. § 41-39-101 — MS Code / Title 41 / Chapter 13 / Section 39-101
Miss. Code Ann. § 41-39-101
Status: in_force

Sections 41-39-101 through 41-39-149 may be cited as the Revised Mississippi Uniform Anatomical Gift Act (UAGA).
Miss. Code Ann. § 41-90-7 — MS Code / Title 41 / Chapter 25 / Section 90-7
Miss. Code Ann. § 41-90-7
Status: in_force

The State Health Officer shall appoint an advisory committee of at least nine (9) members that may include physician(s), audiologist(s), educator(s), parent(s) and others as appropriate. The committee shall provide advice to the State Interagency Coordinating Council established under Section 41-87-7 , and the State Department of Health on issues regarding this chapter and its provisions. The committee shall be created so that members serve for three (3) years and one-third ( 1 / 3 ) of its members are retired annually, unless reappointed.
Miss. Code Ann. § 41-137-19 — MS Code / Title 41 / Chapter 19 / Section 137-19
Miss. Code Ann. § 41-137-19
Status: in_force

(1) Nothing in this chapter requires a government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of medical cannabis.

(2) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting medical cannabis in the workplace or for working while under the influence of medical cannabis.

(3) Any person or establishment that is in lawful possession of property may allow a guest, client, customer or other visitor to use medical cannabis on or in that property as authorized under this chapter.

(4) A landlord may, but shall not be required to, allow the lawful cultivation, processing, testing, research, sale or use of medical cannabis on rental property as authorized under this chapter.
Miss. Code Ann. § 41-67-1 — MS Code / Title 41 / Chapter 20 / Section 67-1
Miss. Code Ann. § 41-67-1
Status: in_force

(1) This chapter shall be known and may be cited as the “Mississippi Individual On-Site Wastewater Disposal System Law.”

(2) It is the purpose of the Legislature through this chapter to protect human health and the environment while providing for reasonable use of individual on-site wastewater disposal systems. The Legislature finds that continued installation and operation of individual on-site wastewater disposal systems in a faulty or improper manner, in a manner that lacks essential maintenance for the system, or in areas where unsuitable soil and population density adversely affect the efficiency and functioning of these systems, has a detrimental effect on the public health and welfare and the environment through contamination of land, groundwater and surface waters. The Legislature, therefore, expresses a general preference for the installation and operation of centralized wastewater treatment systems in Mississippi, where feasible. The Legislature recognizes, however, that individual on-site wastewater treatment and disposal systems help meet the needs of the state's citizens, especially in rural locations, and can be rendered ecologically safe and protective of the public health if the systems are designed, installed, constructed, maintained and operated properly. It is the intent of the Legislature to allow the continued installation, use and maintenance of individual on-site wastewater disposal systems in a manner that will not jeopardize public health and welfare or the environment.
Miss. Code Ann. § 41-75-11 — MS Code / Title 41 / Chapter 20 / Section 75-11
Miss. Code Ann. § 41-75-11
Status: in_force

The licensing agency after notice and opportunity for a hearing to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision to the chancery court in the county in which such facility is located in the manner prescribed in Section 43-11-23, Mississippi Code of 1972 . The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed pursuant to Section 43-11-23, Mississippi Code of 1972 . Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Miss. Code Ann. § 41-41-205 — MS Code / Title 41 / Chapter 20 / Section 41-205
Miss. Code Ann. § 41-41-205
Status: in_force

(1) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises.

(2) An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a residential long-term health-care institution at which the principal is receiving care. The power must be in writing, contain the date of its execution, be signed by the principal, and be witnessed by one (1) of the following methods:

(a) Be signed by at least two (2) individuals each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgement of the signature or of the instrument, each witness making the following declaration in substance: “I declare under penalty of perjury pursuant to Section 97-9-61, Mississippi Code of 1972 , that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility.” In addition, the declaration of at least one (1) of the witnesses must include the following: “I am not related to the principal by blood, marriage or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.”

(b) Be acknowledged before a notary public at any place within this state, the notary public certifying to the substance of the following:

“State of __________

County of __________

On this __________ day of __________, in the year __________, before me, __________ (insert name of notary public) appeared __________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under the penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

Notary Seal

___________________________

(Signature of Notary Public)”

(3) None of the following may be used as witness for a power of attorney for health care:

(a) A health-care provider;

(b) An employee of a health-care provider or facility; or

(c) The agent.

(4) At least one (1) of the individuals used as a witness for a power of attorney for health care shall be someone who is neither:

(a) A relative of the principal by blood, marriage or adoption; nor

(b) An individual who would be entitled to any portion of the estate of the principal upon his or her death under any will or codicil thereto of the principal existing at the time of execution of the power of attorney for health care or by operation of law then existing.

(5) Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity.

(6) Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, must be made by the primary physician.

(7) An agent shall make a health-care decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.

(8) A health-care decision made by an agent for a principal is effective without judicial approval.

(9) A written advance health-care directive may include the individual's nomination of a guardian of the person.

(10) An advance health-care directive is valid for purposes of Sections 41-41-201 through 41-41-229 if it complies with Sections 41-41-201 through 41-41-229 , regardless of when or where executed or communicated.
Miss. Code Ann. § 41-86-15 — MS Code / Title 41 / Chapter 11 / Section 86-15
Miss. Code Ann. § 41-86-15
Status: in_force

Persons eligible to receive covered benefits under this chapter shall be low-income children who meet the eligibility standards set forth in the State Child Health Plan. Any person who is eligible for benefits under the Mississippi Medicaid Law, Section 43-13-101 et seq. , shall not be eligible to receive benefits under this chapter. A person who is without insurance coverage at the time of application for the program and who meets the other eligibility criteria in the plan shall be eligible to receive covered benefits under the program.
Miss. Code Ann. § 41-29-127 — MS Code / Title 41 / Chapter 19 / Section 29-127
Miss. Code Ann. § 41-29-127
Status: in_force

(a) The State Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in Sections 41-29-113 through 41-29-121 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the State Board of Pharmacy shall consider the following factors:

(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2) Compliance with applicable state and local law;

(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

(5) Furnishing by the applicant of false or fraudulent material in any application filed under this article;

(6) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and

(7) Any other factors relevant to and consistent with the public health and safety.

(b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115 , other than those specified in the registration.

(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V, as set out in Sections 41-29-115 through 41-29-121 , if they are authorized to dispense or conduct research under the law of this state. The State Board of Pharmacy need not require separate registration under this section for practitioners engaging in research with nonnarcotic controlled substances in the said Schedules II through V where the registrant is already registered therein in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances, as set out in Section 41-29-113 , may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration.

(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.

(e) This section does not apply to any of the actions that are lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder.
Miss. Code Ann. § 41-21-70 — MS Code / Title 41 / Chapter 21 / Section 21-70
Miss. Code Ann. § 41-21-70
Status: in_force

The Department of Mental Health shall develop standards for the training of psychiatrists and psychologists to perform mental examinations ordered under Section 99-13-11 and Rule 12 of the Rules of Criminal Procedure. The department shall provide training on the standards and maintain and publish a list of psychiatrists and psychologists who have completed training to perform such evaluations.
Miss. Code Ann. § 41-149-11 — MS Code / Title 41 / Chapter 19 / Section 149-11
Miss. Code Ann. § 41-149-11
Status: in_force

(1) Nothing in this chapter is to be construed or applied to be less restrictive than federal law for a person or entity regulated by this chapter.

(2) Nothing in this chapter is to be construed or applied to be in conflict with any of the following:

(a) Applicable federal law and related regulations.

(b) Other laws of this state if the state law is compatible with applicable federal law.

(3) Limited distribution of a drug required under 21 USC 355-1 is not to be construed as a violation of this chapter.
Miss. Code Ann. § 41-29-173 — MS Code / Title 41 / Chapter 13 / Section 29-173
Miss. Code Ann. § 41-29-173
Status: in_force

(a) Prosecutions for any violations under prior laws shall not be affected or abated by the provisions of this article. The penalty for any such violations shall be prescribed in accordance with subsection (d) of Section 41-29-149 .

(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to May 19, 1972, are not affected by this article.

(c) All administrative proceedings pending under prior laws which are superseded by this article shall be continued and brought to a final determination in accord with the laws and rules in effect prior to May 19, 1972. Any substance controlled under prior law which is not listed within Schedules I through V, being Sections 41-29-113 through 41-29-121 , is automatically controlled without further proceedings and shall be listed in the appropriate schedule.

(d) The state board of pharmacy and state board of medical licensure shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to May 19, 1972, and who are registered or licensed by the state.

(e) This article applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 19, 1972.
Miss. Code Ann. § 41-77-19 — MS Code / Title 41 / Chapter 24 / Section 77-19
Miss. Code Ann. § 41-77-19
Status: in_force

The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be effected by registered mail or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty-day period, appeals the decision in the manner prescribed in Section 43-11-23, Mississippi Code of 1972 . The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. Testimony shall be recorded but not be transcribed unless the decision is appealed in accordance with said Section 43-11-23 . Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency, provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Miss. Code Ann. § 41-29-165 — MS Code / Title 41 / Chapter 26 / Section 29-165
Miss. Code Ann. § 41-29-165
Status: in_force

Any person being aggrieved by any conviction or order of any board or commission authorized under this article shall have a right to appeal from said order or conviction to the circuit court of the county of the residence of the defendant or of the county where the offense was committed. Said appeal shall be tried de novo. Appeals taken under this article shall be perfected as all other appeals to the circuit court.
Miss. Code Ann. § 41-19-141 — MS Code / Title 41 / Chapter 17 / Section 19-141
Miss. Code Ann. § 41-19-141
Status: in_force

The purpose of Sections 41-19-141 through 41-19-157 is to create, construct, equip and maintain a center to be located in South Mississippi for the care and treatment of persons with an intellectual disability, which shall be known as the South Mississippi Regional Center.
Miss. Code Ann. § 41-71-15 — MS Code / Title 41 / Chapter 3 / Section 71-15
Miss. Code Ann. § 41-71-15
Status: in_force

Any home health agency which is in operation on July 1, 1981, shall be given a reasonable time under the particular circumstances, not to exceed one (1) year from July 1, 1981, within which to comply with the provisions of this chapter and the rules, regulations and standards promulgated in furtherance of this chapter.
Miss. Code Ann. § 41-41-143 — MS Code / Title 41 / Chapter 22 / Section 41-143
Miss. Code Ann. § 41-41-143
Status: in_force

(1) Except as otherwise provided by this section, in a civil or criminal proceeding or action involving an act prohibited under Sections 41-41-131 through 41-41-145 , the identity of the woman on whom an abortion has been performed or induced or attempted to be performed or induced is not subject to public disclosure if the woman does not give consent to disclosure.

(2) Unless the court makes a ruling under subsection (3) of this section to allow disclosure of the woman's identity, the court shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to protect the woman's identity from public disclosure.

(3) A court may order the disclosure of information that is confidential under this section if:

(a) A motion is filed with the court requesting release of the information and a hearing on that request; and

(b) Notice of the hearing is served on each interested party.

(4) If the conditions specified in subsection (3) of this section are fulfilled, then after an in camera hearing, for each order issued under subsection (2) of this section that is challenged by a motion under subsection (3) of this section, the court shall either vacate the order or issue specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists.
Miss. Code Ann. § 41-125-9 — MS Code / Title 41 / Chapter 24 / Section 125-9
Miss. Code Ann. § 41-125-9
Status: in_force

In addition to any other information in the application that is required by the licensing agency, the application must contain the location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.
Miss. Code Ann. § 41-33-15 — MS Code / Title 41 / Chapter 24 / Section 33-15
Miss. Code Ann. § 41-33-15
Status: in_force

When any county health officer has reasonable grounds to believe that any person has active tuberculosis, he shall formally request such person to submit to a medical examination.

In order to protect the health, safety, and welfare of the public, it shall be a misdemeanor for any person to refuse to submit to a medical examination when the county health officer has reasonable grounds to believe that such person has active tuberculosis, and upon conviction, such person shall be fined not more than Fifty Dollars ($50.00) or imprisoned not longer than thirty (30) days, or both.
Miss. Code Ann. § 41-101-1 — MS Code / Title 41 / Chapter 4 / Section 101-1
Miss. Code Ann. § 41-101-1
Status: in_force

(1) There is created the Mississippi Council on Obesity Prevention and Management, hereinafter referred to as the “council,” within the State Department of Health to be in existence for the period from July 1, 2001, until July 1, 2006, or until the council is established as a nonprofit corporation, whichever is the earlier date. The council may accept and expend grants and private donations from any source, including federal, state, public and private entities, to assist it to carry out its functions.

(2) The powers, functions and duties of the council shall include, but not be limited to, the following:

(a) The collection and analysis of data regarding the extent to which children and adults in Mississippi suffer from obesity, and the programs and services currently available to meet the needs of overweight children and adults, and the funds dedicated by the state to maintain those programs and services.

(b) The collection and analysis of data to demonstrate the economic impact on the state of treating obesity and the estimated cost savings of implementing a comprehensive statewide obesity prevention and management model.

(c) The establishment and maintenance of a resources data bank containing information about obesity and related subjects accessible to educational and research institutions, as well as members of the general public.

(d) Consideration of the feasibility of awarding tax incentives for work sites that promote activities to reduce obesity in the work force.

(e) The establishment of recommendations to enhance funding for effective prevention and management programs and services, including Medicaid, private health insurance programs, and other state and federal funds.

(f) The establishment of recommendations designed to assure that children of school age who may have early indicators of obesity have access to affordable, effective prevention and management services.

(g) The establishment of recommendations for changes to statewide elementary and secondary education curricula to implement comprehensive, coordinated obesity awareness and education programs.

(h) Recommendations to enhance clinical education curricula in medical, nursing and other schools of higher education to implement comprehensive, coordinated obesity awareness and education courses.

(i) Recommendations to increase education and awareness among primary care physicians and other health professionals regarding the recognition, prevention and effective management of obesity.

(j) Consideration of a state prevention campaign to increase public awareness of the need for early prevention and management of obesity, possibly including:

(i) A broad-based public education campaign outlining health risks associated with failure to receive treatment for obesity.

(ii) A health professional training campaign.

(iii) A targeted public education campaign directed toward high risk populations.

(k) Coordination with the United States Department of Agriculture, the United States Department of Health and Human Services, the United States Department of Education, the United States Centers for Disease Control and the National Center for Chronic Disease Prevention to share resources and information in order to ensure a comprehensive approach to obesity and obesity-related conditions.

(l) Coordination with the State Departments of Education, Health, Human Services and Child Protection Services and the Division of Medicaid to share resources and information in order to ensure a comprehensive approach to obesity and obesity-related conditions.

(m) Identification of and recommendations to reduce cultural, environmental and socioeconomic barriers to prevention and management of obesity in Mississippi.

(3) The council shall be composed of the following members:

(a) The Executive Director of the State Department of Health, or his designee;

(b) The Executive Director of the Department of Human Services, or his designee;

(c) The State Superintendent of Education, or his designee;

(d) The Executive Director of the State Department of Mental Health, or his designee;

(e) The Commissioner of Child Protection Services, or his designee;

(f) A representative of the Office of the Governor, to be appointed by the Governor;

(g) A member of the House of Representatives, appointed by the Speaker of the House of Representatives;

(h) A member of the Senate, appointed by the Lieutenant Governor;

(i) Two (2) representatives of the public-at-large, to be selected by the Governor;

(j) The President of either the Mississippi Medical Association or the African-American Obesity Research and Treatment Association (AAORTA), or his designee;

(k) The President of the Mississippi State Nurses Association, or his designee;

(l) The President of the Mississippi Pharmacists Association, or his designee;

(m) The President of the Mississippi Chapter of the American Academy of Pediatrics, or his designee;

(n) The Vice Chancellor of the University of Mississippi Medical Center, or his designee;

(o) A representative appointed from the Mississippi state office of the American Association of Retired Persons;

(p) A representative of the Mississippi Dietetic Association;

(q) A representative of the Mississippi Restaurant Association;

(r) The President of the Mississippi Physical Therapy Association, or his designee;

(s) A member appointed by the Mississippi Commissioner of Insurance;

(t) A representative from a food processor or food manufacturer; and

(u) A representative from the Mississippi Soft Drink Association.

(4) The council shall meet upon call of the Governor not later than August 1, 2001, and shall organize for business by selecting a chairman who shall serve for a one-year term and may be selected for subsequent terms. The council shall adopt internal organizational procedures necessary for efficient operation of the council. Council procedures shall include duties of officers, a process for selecting officers, quorum requirements for conducting business and policies for any council staff. Each member of the council shall designate necessary staff of their departments to assist the council in performing its duties and responsibilities. The council shall meet and conduct business at least quarterly. Meetings of the council shall be open to the public and opportunity for public comment shall be made available at each such meeting. The chairman of the council shall notify all persons who request that notice as to the date, time and place of each meeting.

(5) Members of the council shall receive no compensation for their services.

(6) The council shall submit a report, including proposed legislation if necessary, to the Governor and to the House and Senate Health and Welfare Committees before the convening of the 2004 legislative session. The report shall include a comprehensive state plan for implementation of services and programs in the State of Mississippi to increase prevention and management of obesity in adults and children and an estimate of the cost of implementation of such a plan.

(7) All departments, boards, agencies, officers and institutions of the state and all subdivisions thereof shall cooperate with the council in carrying out its purposes under this section.
Miss. Code Ann. § 41-127-1 — MS Code / Title 41 / Chapter 21 / Section 127-1
Miss. Code Ann. § 41-127-1
Status: in_force

Subject to the limitations of the license under which the individual is practicing, a health care practitioner licensed in this state may prescribe, dispense, or administer drugs or medical supplies, or otherwise provide treatment recommendations to a patient after having performed an appropriate examination of the patient either in person or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically. Treatment recommendations made via electronic means, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional provider-patient settings.
Miss. Code Ann. § 41-29-507 — MS Code / Title 41 / Chapter 25 / Section 29-507
Miss. Code Ann. § 41-29-507
Status: in_force

(1) No person, agency of the state or political subdivision of the state, other than the Bureau of Narcotics, is authorized by this article to own, possess, install, operate or monitor an electronic, mechanical or other device. The Bureau of Narcotics may be assisted by an investigative or law enforcement officer in the operation and monitoring of an interception of wire, oral or other communications, provided that an agent of the Bureau of Narcotics is present at all times.

(2) The director shall designate, in writing, the agents of the Bureau of Narcotics who are responsible for the possession, installation, operation and monitoring of electronic, mechanical or other devices for the bureau.
Miss. Code Ann. § 41-11-113 — MS Code / Title 41 / Chapter 3 / Section 11-113
Miss. Code Ann. § 41-11-113
Status: in_force

It is the intent of Sections 41-11-101 through 41-11-113 to change the name of the “Mississippi Crippled Children's Treatment and Training Center” to the Mississippi Children's Rehabilitation Center and to place it under the supervision and control of the University of Mississippi Medical Center. Sections 41-11-101 through 41-11-113 should be construed liberally in order to accomplish the broad objectives in aiding persons afflicted with cerebral palsy and other crippling conditions which are amenable to such treatment, in any and every manner possible by the use of new techniques as they are developed and become known, and by use of the combination of education and medical services for the rehabilitation of such persons.
Miss. Code Ann. § 41-34-1 — MS Code / Title 41 / Chapter 14 / Section 34-1
Miss. Code Ann. § 41-34-1
Status: in_force

For the purposes of Sections 41-34-1 through 41-34-7 the following terms shall have the following meanings:

(a) “Health care provider” shall mean a person licensed by this state to provide health care or professional services as a physician, podiatrist, registered nurse, licensed practical nurse, nurse practitioner, dentist, chiropractor or optometrist.

(b) “Board” means the State Board of Medical Licensure, State Board of Dental Examiners, the Mississippi Board of Nursing, the State Board of Chiropractic Examiners or the State Board of Optometry.
Miss. Code Ann. § 41-27-5 — MS Code / Title 41 / Chapter 22 / Section 27-5
Miss. Code Ann. § 41-27-5
Status: in_force

The State Board of Health, or its representative, shall, upon request of a county mosquito control commission, furnish the said commission with such surveys, maps, information, and advice as may be available for the prosecution of the work, or, as in its opinion, will be of advantage in connection therewith. The expenses of surveys shall be paid, in whole or in part, by the said commission.
Miss. Code Ann. § 41-147-7 — MS Code / Title 41 / Chapter 7 / Section 147-7
Miss. Code Ann. § 41-147-7
Status: in_force

If a patient's death is proximately caused by treatment with an individualized investigational drug, biological product, or device, the patient's estate, heirs, or devisees are not liable for any debt remaining after payment by insurance for charges directly incurred for said treatment. However, this provision does not provide an exemption to liability for charges for non-experimental treatments provided to the patient, including non-experimental treatments rendered to the patient due to complications or consequences of the experimental treatment.