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HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › REGULATION OF HOSPITALS (§§ 41-9-1 — 41-9-41) › Section 41-9-41 - [Repealed 7/1/2028]

(1)
(a)
The governing body of a privately owned hospital licensed under this chapter may establish a hospital police department if the hospital was previously publicly owned and had an established police department at the time that it was publicly owned or the wholly owned subsidiary of a hospital that was previously publicly owned and had an established police department at the time that it was publicly owned.
(b)
The Chief of Hospital Police, in accordance with the rules and policy of the governing body, shall appoint qualified individuals to serve as hospital police officers upon any premises owned or leased by the hospital and under the jurisdiction of the governing body.
(c)
(i)
In the exercise of its authority under this section, a hospital police department shall be subject to the conditions and restrictions established in this section and any conditions and restrictions promulgated by rule by the department or the Department of Public Safety.
(ii)
The authority granted under this section does not supersede in any way the authority or duty of other law-enforcement officers to preserve law and order on such hospital premises.
(iii)
The authority granted under this section shall be the sole law-enforcement authority for the hospital police department and a hospital police officer.
(d)
Hospital police departments shall be subject to the same reporting and accountability requirements as a public police department as provided for by law.
(e)
The governing body of the employing hospital shall enter into a memorandum of understanding with a local law enforcement agency with concurrent jurisdiction of the geographic location of the hospital to hold and to maintain a hospital police officer's certification issued by the Board on Law Enforcement Officer Standards and Training.
(2)
(a)
A person who fulfills the certification requirements prescribed by Title 45, Mississippi Code of 1972, for law-enforcement officers as defined in Section
45-6-3
is considered qualified for appointment as a hospital police officer.
(b)
A retired police officer may qualify for appointment as a hospital police officer if he or she meets the certification requirements of paragraph (a) of this subsection.
(3)
(a)
A hospital police officer may carry a gun and any other dangerous weapon while on duty as long as the officer meets the certification requirements of subsection (2)(a) of this section.
(b)
A hospital police officer has and may exercise all the powers and authority of a law enforcement officer as to offenses committed on the premises under the jurisdiction established by the governing body, except arrest where the offense is solely a violation of policy or procedure.
(c)
A hospital police officer is subject to all the requirements and responsibilities of a law enforcement officer.
(4)
Under this section, a hospital police officer shall:
(a)
Preserve law and order on the premises under the jurisdiction of the governing body of the hospital and its affiliated properties;
(b)
Preserve law and order on any street, road, or thoroughfare, except controlled access highways, immediately adjacent to or passing through the premises under the jurisdiction of the governing body, to which the officer is assigned by the Chief of Hospital Police, or his or her designee, if a local law-enforcement agency requests a hospital police department to enforce the provisions of Title 63, Chapter 3, Mississippi Code of 1972, under this paragraph (b);
(c)
Enforce the general policies and procedures of the hospital as established by the chief executive officer or his or her designee;
(d)
Wear a badge with the appropriate inscription while on duty; and
(e)
Carry credentials certifying the person's identity and authority as a hospital police officer while on duty.
(5)
Under this section a hospital police officer may:
(a)
Assist a local law-enforcement agency on public highways. The assistance may be provided when:
1.
Traffic is generated as a result of activities or events conducted or sponsored by the hospital; and
2.
The assistance has been requested by the local law-enforcement agency; and
(b)
Assist a local law-enforcement agency in any location under the agency's jurisdiction at the specific request of the agency.
(6)
The salary of a hospital police officer shall be paid by the employing hospital's governing body. The hospital shall furnish each hospital police officer with a firearm and an official uniform and badge to be worn while on duty. The hospital shall furnish credentials certifying the officer's identity and authority as a hospital police officer.
(7)
The governing body of the employing hospital may at its pleasure revoke the authority of any hospital police officer and such officers shall serve at the will and pleasure of the governing body. The Chief Hospital Police of the hospital, or his or her designee, shall report the termination of employment of a hospital police officer by submitting notice of the terminated officers to the Board on Law Enforcement Officer Standards and Training. The Chief Hospital Police of the hospital, or his or her designee, shall report the hiring of a hospital police officer by submitting notice of the hired officers to the Board on Law Enforcement Officer Standards and Training.
(8)
A hospital police officer shall not be subject to civil or criminal liability unless one of the following applies:
(a)
His or her acts or omissions were manifestly outside the scope of employment or official responsibilities;
(b)
His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or
(c)
Liability is expressly imposed upon the hospital police officer by any other provision of this code.
(9)
At the expense of the governing body of the hospital, the Department of Public Safety shall train a hospital police officer in crisis de-escalation techniques consistent with the goals and objectives of this section within 180 days of the officer beginning work at the hospital.
(10)
This section shall stand repealed on July 1, 2028.
Added by Laws, 2023, ch. 390, SB 2347,§ 1, eff. 7/1/2023.