reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-195 - Certificate of need; validity; transferability; duration; revocation

(1)
A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project or capital expenditure project be transferred from one person to another, except with the approval of the State Department of Health. A certificate of need shall be valid for the period of time specified therein.
(2)
A certificate of need shall be issued for a period of twelve (12) months, or such other lesser period as specified by the State Department of Health.
(3)
The State Department of Health may define by regulation, not to exceed six (6) months, the time for which a certificate of need may be extended.
(4)
If commencement of construction or other preparation is not substantially undertaken during a valid certificate of need period or the State Department of Health determines the applicant is not making a good faith effort to obligate such approved expenditure, the State Department of Health shall have the right to withdraw, revoke or rescind the certificate.
(5)
The State Department of Health may approve or disapprove a proposal for a certificate of need as originally presented in final form, or it may approve a certificate of need by a modification, by reduction only, of such proposal provided the proponent agrees to such modification.
Laws, 1979, ch. 451, § 13; Laws, 1980, ch. 493, § 7; Laws, 1982, ch. 482, § 4; Laws, 1986, ch. 437, § 42, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-199 - [Repealed]

Repealed by Laws, 1983, ch. 484, § 11, eff. 4/9/1983.
Laws, 1979, ch. 451, § 15; Laws, 1980, ch. 493, § 9; Laws, 1982, ch. 482, § 6.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-202 - Stay of commission proceedings pending appeal

There shall be a "stay of proceedings" of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section
41-7-173(h)(ix)
, for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all statutory appeals have been exhausted or the time for such appeals has expired. The stay of proceedings provided for in this section shall not apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health-care facility as defined in Section
41-7-173(h)
, with the exception of any home health agency as defined in Section
41-7-173(h)(ix)
.
Laws, 1983, ch. 484, § 9; Laws, 1985, ch. 534, § 12; Laws, 1986, ch. 437, § 45; Laws, 1992, ch. 512, § 2, eff. 5/14/1992.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-203 - [Repealed]

Repealed by Laws, 1983, ch. 484, § 11, eff. 4/9/1983.
Laws, 1979, ch. 451, § 17.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-205 - Determination of reviewability of proposed project

An applicant proposing a project which may be governed by the provisions of Section
41-7-171
et seq. may submit a determination of reviewability request to obtain a written declaratory opinion regarding the reviewability of the proposed project. If such opinion is sought, the requestor and department shall abide by the provisions of Section
25-43-2.103
as they are effective on July 1, 2016, except that the department's response shall be provided within forty-five (45) days of the request.
Laws, 1979, ch. 451, § 11; Laws, 1980, ch. 493, § 10; Laws, 1982, ch. 482, § 7; Laws, 1985, ch. 534, § 13; Laws, 1986, ch. 338; Laws, 1986, ch. 437, § 46; Laws, 1987, ch. 515, § 7; Laws, 1999, ch. 583, § 5; Laws, 2011, ch. 540, § 2, eff. 7/1/2011.
Amended by Laws, 2016, ch. 412, SB 2661, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-207 - Emergency replacement of facilities; expedited review

Notwithstanding any other provisions of Sections
41-7-171
through
41-7-209
, except when the owner of a damaged health care facility applies to repair or rebuild the facility in accordance with the provisions of Section
41-7-191(13)
, when the need for any emergency replacement occurs, the certificate of need review process shall be expedited by promulgation of administrative procedures for expenditures necessary to alleviate an emergency condition and restore health care access. Emergency replacement means the replacement, and/or a necessary relocation, of all or the damaged part of the facilities or equipment the replacement of which is not exempt from certificate of need review under the medical equipment replacement exemption provided in Section
41-7-191(1)(f)
, without which the operation of the facility and the health and safety of patients would be immediately jeopardized and health care access would be denied to such patients. Expenditures under this section shall be limited to the replacement of those necessary facilities or equipment, the loss of which constitutes an emergency; however, in the case of the destruction or major damage to a health care facility, the department shall be authorized to issue a certificate of need to address the current and future health care needs of the community, including, but not limited to, the expansion of the health care facility and/or the relocation of the health care facility. In exercising the authority granted in this section, the department may waive all or part of the required certificate of need application fee for any application filed under this section if the expenditure would create a further hardship or undue burden on the health care facility.
Laws, 1979, ch. 451, § 19; Laws, 1999, ch. 583, § 6, eff. 6/30/1999.
Amended by Laws, 2015, ch. 491, HB 583, 2, eff. 4/23/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH CARE COMMISSION (§§ 41-7-111 — 41-7-209) › Section 41-7-209 - Violations

(1)
Any person or entity violating the provisions of Sections
41-7-171
through
41-7-209
, or regulations promulgated thereunder, by not obtaining a certificate of need, by deviating from the provisions of a certificate of need, or by refusing or failing to cooperate with the State Department of Health in its exercise or execution of its functions, responsibilities and powers shall be subject to the following:
(a)
Revocation of the license of a health-care facility or a designated section, component or bed service thereof, or revocation of the license of any other person for which the State Department of Health is the licensing agency. If the State Department of Health lacks jurisdiction to revoke the license of such person, the State Health Officer shall recommend and show cause to the appropriate licensing agency that such license should be revoked.
(b)
Nonlicensure by the State Department of Health of a specific or designated bed service offered by the entity or person;
(c)
Nonlicensure by the State Department of Health where infractions occur concerning the acquisition or control of major medical equipment;
(d)
Revoking, rescinding or withdrawing a certificate of need previously issued.
(2)
Violations of Sections
41-7-171
through
41-7-209
, or any rules or regulations promulgated in furtherance thereof by intent, fraud, deceit, unlawful design, willful and/or deliberate misrepresentation, or by careless, negligent or incautious disregard for such statutes or rules and regulations, either by persons acting individually or in concert with others, shall constitute a misdemeanor and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each such offense. Each day of continuing violation shall be considered a separate offense. The venue for prosecution of any such violation shall be in any county of the state wherein any such violation, or portion thereof, occurred.
(3)
The Attorney General, upon certification by the State Health Officer, shall seek injunctive relief in a court of proper jurisdiction to prevent violations of Sections
41-7-171
through
41-7-209
or any rules or regulations promulgated in furtherance of Sections
41-7-171
through
41-7-209
in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of any such violation.
(4)
Major third party payers, public or private, shall be notified of any violation or infraction under this section and shall be requested to take such appropriate punitive action as is provided by law.
Laws, 1979, ch. 451, § 18; Laws, 1980, ch. 493, § 11; Laws, 1981, ch. 484, § 15; Laws, 1986, ch. 437, § 47, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › STATEWIDE HEALTH COORDINATING COUNCIL [Repealed] (§§ 41-7-301 — 41-7-305) › Section 41-7-301 - [Repealed]

Repealed by Laws, 1986, ch. 437, § 48, eff. 7/1/1986.
Laws, 1981, ch. 407, § 1; Laws, 1982, ch. 315, § 1; Laws, 1984, ch. 368, § 1; reenacted, Laws, 1986, ch. 339, § 1.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › STATEWIDE HEALTH COORDINATING COUNCIL [Repealed] (§§ 41-7-301 — 41-7-305) › Section 41-7-302 - [Repealed]

Repealed by Laws, 1987, ch. 515, § 8(7) eff. 7/1/1988.
Laws, 1986, ch. 437, § 52; Laws, 1987, ch. 515, § 8.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › STATEWIDE HEALTH COORDINATING COUNCIL [Repealed] (§§ 41-7-301 — 41-7-305) › Section 41-7-303 - [Repealed]

Repealed by Laws, 1986, ch. 437, § 48, eff. 7/1/1986.
Laws, 1981, ch. 407, § 2; Laws, 1982, § 315, § 2; Laws, 1984, ch. 368, § 2; reenacted, Laws, 1986, ch. 339, § 2.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › STATEWIDE HEALTH COORDINATING COUNCIL [Repealed] (§§ 41-7-301 — 41-7-305) › Section 41-7-304 - [Repealed]

Repealed by Laws, 1987, ch. 515, § 9(3), eff. 7/1/1988.
Laws, 1986, ch. 437, § 53; Laws, 1987, ch. 515, § 9.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › STATEWIDE HEALTH COORDINATING COUNCIL [Repealed] (§§ 41-7-301 — 41-7-305) › Section 41-7-305 - [Repealed]

Repealed by Laws, 1981, ch. 407, § 5, eff. 12/31/1988.
Laws, 1981, ch. 407, § 3; Laws, 1982, ch. 315, § 3; reenacted, Laws, 1984, ch. 368, § 3; reenacted, Laws, 1986, ch. 339, § 3.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 7 - HOSPITAL AND HEALTH CARE COMMISSIONS (§§ 41-7-1 — 41-7-401) › HEALTH MAINTENANCE ORGANIZATIONS [Repealed] (§ 41-7-401) › Section 41-7-401 - [Repealed]

Repealed by Laws, 1995, ch. 613, § 35, eff. 7/1/1995.
Laws, 1986, ch. 483; Laws, 1988, ch. 555; Laws, 1994, ch. 422, § 6.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-1 - Declaration of purpose

The purpose of Sections
41-9-1
through
41-9-39
is to protect and promote the public health by providing for the development, establishment and enforcement of certain standards in the construction, maintenance and operation of hospitals which will ensure safe, sanitary and reasonably adequate care and treatment of individuals in hospitals. The Legislature hereby finds that the protection and promotion of the public health requires the measures provided for in said sections.
Codes, 1942, § 7146.5-02; Laws, 1948, ch. 398, § 2.
Amended by Laws, 2014, ch. 433, HB 1269, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-3 - Definitions

As used in Sections
41-9-1
through
41-9-41
, the following words shall have the meaning ascribed in this section unless the context clearly indicates otherwise:
(a)
"Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from physical or mental infirmity, illness, disease, injury or deformity, or a place devoted primarily to providing obstetrical or other medical, surgical or nursing care of individuals, whether or not any such place be organized or operated for profit and whether any such place be publicly or privately owned. The term "hospital" does not include convalescent or boarding homes, children's homes, homes for the aged or other like establishments where room and board only are provided, nor does it include offices or clinics where patients are not regularly kept as bed patients. For the purposes of Section
41-9-41
, the term "hospital" shall mean a hospital that is privately owned to include any hospital premises under the jurisdiction established by the governing body of the hospital.
(b)
"Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, and the legal successor thereof.
(c)
"Governmental unit" means the state, or any county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing, excluding all federal establishments.
(d)
"Licensing agency" means the State Department of Health.
Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 22; Laws, 1986, ch. 437, § 14, eff. 7/1/1986.
Amended by Laws, 2023, ch. 390, SB 2347,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-5 - [Repealed]

Repealed by Laws, 1986, ch. 437, § 48, eff. 7/1/1986.
Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 23; Laws, 1985, ch. 534, § 14; Laws, 1986, ch. 437, § 51.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-7 - License

No person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct, or maintain a hospital in this state without a license as provided for in Section
41-9-11
. No license so granted shall permit, approve or allow child placement activities by any person or governmental unit licensed hereunder.
Codes, 1942, § 7146.5-03; Laws, 1948, ch. 398, § 3.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-9 - Application for license

(1)
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 under Section
41-9-17
. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Twenty Dollars ($20.00) for each licensed bed in the hospital, which shall be paid to the licensing agency, with a minimum fee of Five Hundred Dollars ($500.00) per hospital and a maximum fee of Five Thousand Dollars ($5,000.00), 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 prescribes by rule or regulation. 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
. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
(2)
The appropriate licensure fee, according to the schedule herein, shall be paid to the licensing agency and may be paid by check, draft or money order. A license shall not be issued to any hospital until such fee is received by the licensing agency.
(3)
A fee known as a "User Fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (2) of this section. 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
. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any hospital in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).
Codes, 1942, § 7146.5-04; Laws, 1948, ch. 398, § 4; Laws, 1984, ch. 315, § 1; Laws, 1986, ch. 500, § 23; Laws, 1998, ch. 433, § 1, eff. 7/1/1998.
Amended by Laws, 2020, ch. 473, SB 2311,§ 5, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 5, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 65, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-11 - Issuance and renewal of license

Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and hospital facilities meet the requirements established under Sections
41-9-1
through
41-9-35
, 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 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 prescribes by regulation and upon paying the annual fee for such license as determined by the schedule and provisions of Section
41-9-9
. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
Codes, 1942, § 7146.5-05; Laws, 1948, ch. 398, § 5; Laws, 1980, ch. 493, § 13; Laws, 1984, ch. 315, § 2; Laws, 1986, ch. 437, § 15, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-13 - Issuance of temporary licenses

The licensing agency may issue temporary licenses under Sections
41-9-1
through
41-9-35
which shall be good for not more than six (6) months.
Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 24; Laws, 1986, ch. 437, § 16, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-15 - Denial or revocation of license; notice, hearings and review

The licensing agency, after notice and opportunity for 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 Section
41-9-1
through
41-9-35
.
Such notice shall be effected by registered mail, or by personal service, setting forth the particular reasons for the proposed action and a fixing date not less than thirty (30) days from the date of such mailing or service, at which 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, pursuant to Section
41-9-31
.
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 reported but need not be transcribed unless the decision is appealed pursuant to Section
41-9-31
. 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. Any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Codes, 1942, § 7146.5-06; Laws, 1948, ch. 398, § 6; Laws, 1980, ch. 493, § 14, eff. 5/13/1980.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-17 - Rules, regulations and standards

The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section
41-9-11
as may be designed to further the accomplishment of the purposes of Sections
41-9-1
through
41-9-35
in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals." Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.
Codes, 1942, § 7146.5-07; Laws, 1948, ch. 398, § 7; Laws, 1980, ch. 493, § 15; Laws, 1986, ch. 437, § 17, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-19 - Effective date of rules, regulations or standards

Any hospital which is in operation at the time of promulgation of any applicable rules, regulations or standards under Section
41-9-17
, shall be given a reasonable time, under the particular circumstances not to exceed one year from the date of such promulgation, within which to comply with such rules, regulations or standards.
Codes, 1942, § 7146.5-08; Laws, 1948, ch. 398, § 8.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-21 - Inspections and consultations

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. The licensing agency may prescribe by regulations that any licensee or applicant desiring to make specified types of alteration or addition to the facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the rules, regulations or standards authorized in Section
41-9-17
. Necessary conferences and consultations may be provided.
Codes, 1942, § 7146.5-09; Laws, 1948, ch. 398, § 9.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-23 - Information confidential

Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under Sections
41-9-1
through
41-9-35
shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of these services for hospitals in performing the statutory duties imposed upon it by Section
41-7-171
, et seq. and by Section
41-9-29
.
Codes, 1942, § 7146.5-12; Laws, 1948, ch. 398, § 12; Laws, 1984, ch. 362, § 1, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-25 - and 41-9-27 - [Repealed]

Repealed by Laws, 1980, ch. 493, § 22, eff. 5/13/1980.
Laws 1948, ch. 398, §§ 10, 11.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-29 - Annual report of licensing agency

The licensing agency shall prepare and publish an annual report of its activities and operations under Sections
41-9-1
et seq. A reasonable number of copies of such publication(s) shall be available in the office of the licensing agency to be furnished to persons requesting them, for a nominal fee.
Codes, 1942, § 7146.5-13; Laws, 1948, ch. 398, § 13; Laws, 1986, ch. 437, § 18, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-31 - Judicial review

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 as provided in Section
41-9-15
, file a notice of appeal in the chancery court of the First Judicial District of Hinds County or the chancery court of the county in which the hospital is located or to be located, and the chancery clerk thereof 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 such notice, certify and file with 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. However, 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 of 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 in other cases in chancery shall apply equally to cases hereunder.
Codes, 1942, § 7146.5-14; Laws, 1948, ch. 398, § 14; Laws, 1980, ch. 493, § 16; Laws, 1986, ch. 437, § 19, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-33 - Penalties

Any person establishing, conducting, managing or operating any hospital without a license as provided for in Section
41-9-11
shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of a continuing violation after conviction shall be considered a separate offense.
Codes, 1942, § 7146.5-15; Laws, 1948, ch. 398, § 15; Laws, 1980, ch 493, § 17, eff. 5/13/1980.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-35 - Injunction

Notwithstanding the existence or pursuit of any other remedy, the licensing agency, may in the manner provided by law, upon the advice of the Attorney General who, except as otherwise authorized in Section
7-5-39
, shall represent the licensing agency in the proceedings, maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license as provided for in Section
41-9-11
.
Codes, 1942, § 7146.5-16; Laws, 1948, ch. 398, § 16; Laws, 2012, ch. 546, § 15, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-39 - Hospitals to offer influenza immunizations to all inpatients age sixty-five or older

(1)
Each year from October 1 through March 1 and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each hospital shall offer, prior to discharge, immunizations against influenza virus to all inpatients sixty-five (65) years of age and older unless contraindicated and contingent upon the availability of the vaccine.
(2)
Any hospital, or employee thereof, shall be immune from civil liability for any personal injury as a result of complying or not complying with the requirements of subsection (1) if the hospital or employee's action or failure to act do not amount to willful or wanton misconduct or gross negligence.
Added by Laws, 2014, ch. 433, HB 1269, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REIMBURSEMENT FOR TRAUMA CARE SERVICE (§ 41-9-51) › Section 41-9-51 - Hospitals authorized to charge patient for reasonable cost of activating trauma care services under certain circumstances; reimbursement by health-care insurer

Any hospital that reasonably activates a trauma care team in response to a request for trauma care services may charge the patient for the reasonable cost of activating those services and shall be reimbursed for those services by the health care insurer by assignment from the patient or from the patient. That cost shall be reimbursed regardless of whether services were actually rendered to the patient, and those trauma care services shall be deemed as a matter of law to have been medical services provided to the patient.
Laws, 2008, ch. 549, § 8; reenacted without change, Laws, 2011, ch. 545, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-61 - Definitions

As used in Sections
41-9-61
through
41-9-83
:
(a)
"Hospital" shall have the meaning ascribed thereto by Section
41-9-3
, regardless of the type of ownership or form of management or organization of the institution, and it shall include the proprietor and operator thereof.
(b)
"Hospital records" shall mean, without restriction, those medical histories, records, reports, summaries, diagnoses and prognoses, records of treatment and medication ordered and given, notes, entries, X-rays and other written or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care. Such records shall also include abstracts of the foregoing data customarily made or made as provided in Section
41-9-75
. Such records shall not, however, include ordinary business records pertaining to patients' accounts or the administration of the institution nor shall "hospital records" include any records consisting of nursing audits, physician audits, departmental evaluations or other evaluations or reviews which are used only for in-service education programs, or which are required only for accreditation or for participation in federal health programs. The Mississippi State Asylum Records as defined in Section
41-21-51
shall not be considered hospital records for purposes of this chapter.
(c)
"Patient" shall mean outpatients, inpatients, persons dead on arrival, and the newborn.
(d)
"Retirement," or variations thereof, shall mean the withdrawal from current files of hospital records, business records or parts thereof on or after the expiration of the applicable minimum period of retention established pursuant to Section
41-9-69
. However, no hospital record, business record, or parts thereof, shall be subject to retirement where otherwise required by law to be kept as a permanent record.
(e)
"Licensing agency" shall mean the State Department of Health.
(f)
"Business records" shall mean all those books, ledgers, records, papers and other documents prepared, kept, made or received in hospitals that pertain to the organization, administration or management of the business and affairs of hospitals, but which do not constitute hospital records as hereinabove defined.
Codes, 1942, § 7146-51; Laws, 1962, ch. 411, § 1; Laws, 1975, ch. 353; Laws, 1980, ch. 493, § 18; Laws, 1986, ch. 437, § 20, eff. 7/1/1986.
Amended by Laws, 2023, ch. 337, SB 2797,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-63 - Hospitals required to prepare and maintain hospital records

All hospitals, their officers or employees and medical and nursing personnel practicing therein, shall with reasonable promptness prepare, make and maintain true and accurate hospital records complying with such methods and minimum standards as may be prescribed from time to time by rules and regulations adopted by the licensing agency.
Codes, 1942, § 7146-52; Laws, 1962, ch. 411, § 2, eff. 5/27/1962.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-64 - Electronic medical records containing electronic signature deemed signed

An electronic medical record or medical order containing an electronic signature is considered to be signed as a matter of law, if the electronic signature is affixed or verified in conformity with a reasonable security procedure for the purpose of verification of electronic signatures.
Laws, 2000, ch. 441, § 1, eff. 4/18/2000.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-65 - Hospital records constitute hospital property subject to reasonable access

(1)
Hospital records are and shall remain the property of the various hospitals, subject however to reasonable access to the information contained in the records upon good cause shown by the patient, his personal representatives or heirs, his attending medical personnel and his duly authorized nominees, and upon payment of any reasonable charges for that service. Nothing in this section shall be construed to deny access to hospital records by representatives and officials of the State Department of Health, in the discharge of their official duties, under Sections
41-3-15
,
41-23-1
and
41-23-2
.
(2)
Nothing in this section shall be construed to prevent an heir from obtaining access to a decedent's medical records under Section
41-10-3
.
Codes, 1942, § 7146-53; Laws, 1962, ch. 411, § 3; Laws, 1988, ch. 557, § 4; Laws, 2009, ch. 524, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-67 - Hospital records not public records; privileged communications rule not impaired

Except as otherwise provided by law, hospital records shall not constitute public records, and nothing contained in Sections
41-9-61
through
41-9-83
shall be deemed to impair any privilege of confidence conferred by law or the Mississippi Rules of Evidence on patients, their personal representatives or heirs, by Section
13-1-21
, Mississippi Code of 1972.
Codes, 1942, § 7146-59; Laws, 1962, ch. 411, § 9; Laws, 1991, ch. 573, § 109, eff. 8/14/1991 (the date the United States Attorney General stated that this amendment was not subject to preclearance under the Voting Rights Act).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-68 - Certain hospital records exempt from requirement of public access

(1)
Except as otherwise provided in subsection (2) of this section, records maintained by public hospitals shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(2)
The following records of public hospitals shall not be exempt from the Mississippi Public Records Act of 1983:
(a)
The official minutes of the board of trustees of a public hospital;
(b)
Financial reports not otherwise exempt that are required by state or federal statute or regulation to be filed with the owner of the public hospital or with any other agency of state or federal government; and
(c)
Any other record maintained by a public hospital that does not fall within the definition of the term "hospital records" as that term is defined in Section
41-9-61
, except for the following records, which shall be exempt:
(i)
Records directly relating to the terms of any potential or current employment or services agreement with any physicians or other employees of a public hospital, including any application for medical staff privileges or membership with a public hospital;
(ii)
Records directly relating to the credentialing, health, performance, salary, raises or disciplinary action of any employee or medical staff member or applicant for medical staff privileges at a public hospital;
(iii)
Records directly relating to prospective strategic business decisions of a public hospital, including without limitation, decisions to open a new service line, implement capital improvements, or file applications for certificates of need or determinations of nonreviewability with the State Department of Health; and
(iv)
Records directly relating to individual patient billing and collection information.
Laws, 1983, ch. 424, § 18, eff. 7/1/1983.
Amended by Laws, 2015, ch. 484, SB 2407, 8, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-69 - Period of retention of hospital records

(1)
(a)
Hospital records shall be retained by hospitals in their original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is discharged.
(b)
Graphic matter, images, X-ray films and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved, and properly stored by hospitals in their original, microfilmed, or similarly reproduced form for a minimum period of three (3) years from the date a patient is discharged. Such graphic matter, images, X-ray film, and like matter shall be retained for longer periods when requested in writing by the patient or someone acting legally in his behalf.
Upon the expiration of the applicable period of retention, any hospital may retire the hospital record.
(2)
Hospital records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.
Codes, 1942, § 7146-54; Laws, 1962, ch. 411, § 4; Laws, 1973, ch. 301, § 1; Laws, 1981, ch. 450, § 1; Laws, 1990, ch. 369, § 1; Laws, 1991, ch. 380, § 1, eff. 7/1/1991.
Amended by Laws, 2024, ch. 533, SB 2873,§ 1, eff. 5/13/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-71 - Early retirement of hospital records on consent of patient and physician

Any hospital may, in its discretion, retire any hospital record or part thereof prior to the expiration of the period of retention established in Section
41-9-69
upon the written consent of the patient involved, if he be an adult and of sound mind, and the consent of the attending physician, if he be alive. If the attending physician be not alive, such records or part thereof may be so retired upon the written consent of such patient. However, in no event shall any consent be valid if given within one (1) year from the date of discharge.
Codes, 1942, § 7146-55; Laws, 1962, ch. 411, § 5, eff. 5/27/1962.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-73 - Retention of hospital records for longer periods

Any hospital may retain, preserve and store hospital records for such longer periods as in its discretion it may find proper or as may be required by any court of competent jurisdiction.
Codes, 1942, § 7146-56; Laws, 1962, ch. 411, § 6, eff. 5/27/1962.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-75 - Abstracts of hospital records; destruction of originals

Upon retirement of any hospital record or part thereof, the hospital shall cause an abstract to be made of any pertinent data where so required by the rules and regulations of the licensing agency, or as the hospital in its discretion may find proper. The hospital record or part thereof so retired shall be destroyed or otherwise disposed of by burning, shredding or other effective method in keeping with the confidential nature of its contents.
Codes, 1942, § 7146-57; Laws, 1962, ch. 411, § 7; Laws, 1981, ch. 450, § 2, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › HOSPITAL RECORDS - PREPARATION, PRESERVATION AND DESTRUCTION (§§ 41-9-61 — 41-9-83) › Section 41-9-77 - Reproduction of hospital records

Any hospital may, in its discretion, cause any hospital record or part thereof to be reproduced on film or in any other acceptable form of medium, as determined by the licensing agency, which shall include, but not be limited to, microfilming, photographing, photostating, storage on optical disks, or any other form of electronic or digital media. After the records have been reproduced, the hospital may retire the original documents so reproduced. Any such reproduction or copy of an original hospital record or part thereof shall be deemed to be the original hospital record or part thereof for all purposes, shall be subject to retention and retirement as provided in Sections
41-9-69
through
41-9-73
, and shall be admissible as evidence in all courts or administrative agencies to the same extent as the original would be or would have been admissible. A facsimile, exemplification or copy of the reproduction or copy shall be deemed to be a transcript, exemplification or copy of the original hospital record or part thereof. However, no state hospital shall undertake that reproduction or destruction of records except as provided in Section
25-59-1
et seq. No other public hospital shall undertake that reproduction unless the expense for it has been provided for in the annual budget, or an amendment to the budget, approved for that public hospital.
Codes, 1942, § 7146-58; Laws, 1962, ch. 411, § 8; Laws, 1991, ch. 446, § 1; Laws, 2009, ch. 325, § 1; Laws, 2009, ch. 407, § 1, eff. 7/1/2009.