reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › MISSISSIPPI PHYSICIAN ORDER FOR SUSTAINING TREATMENT ACT (§§ 41-41-301 — 41-41-303) › Section 41-41-303 - Immunity, liability, penalties and equitable relief

(1)
A physician or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the physician or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(a)
Executing a physician order for sustaining treatment in compliance with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to provide, withhold or withdraw health care;
(b)
Declining to execute a physician order for sustaining treatment in compliance with a health-care decision of a person based on a belief that the person then lacked authority; or
(c)
Complying with an apparently valid physician order for sustaining treatment on the assumption that the order was valid when made and has not been revoked or terminated.
(2)
A health-care provider or institution that intentionally violates Section
41-41-302
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.
(3)
A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's physician order for sustaining treatment or a revocation of a physician order for sustaining treatment without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give a physician order for sustaining treatment, 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.
(4)
On petition of a patient, the patient's agent, guardian, or surrogate, a health-care provider or institution involved with the patient's care, or surrogate for the patient as described in Section
41-41-211(2) or (3)
, any court of competent jurisdiction may enjoin or direct a health-care decision related to a physician order for scope of treatment, or order other equitable relief. A proceeding under this section shall be governed by the Mississippi Rules of Civil Procedure.
Added by Laws, 2014, ch. 470, HB 1014, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-401 - Title

Sections
41-41-401
through
41-41-419
shall be known and may be cited as the "Life Equality Act of 2020."
Added by Laws, 2020, ch. 434, HB 1295,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-405 - Definitions

As used in Sections
41-41-401
through
41-41-419
.
(a)
"Abortion" means the use or prescription of an instrument, medicine, drug, or other substance or device with the intent to terminate a clinically diagnosable pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the unborn human being, to terminate an ectopic pregnancy, or to remove a dead unborn human being.
(b)
"Attempt to perform or induce an abortion" means to do or omit anything that, under the circumstances as the person believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this section.
(c)
"Because of race" means on account of the actual or presumed race or racial makeup of the unborn human being.
(d)
"Because of the presence of a genetic abnormality" means on account of the presence or presumed presence of an abnormal gene expression in the unborn human being, including, but not limited to, chromosomal disorders or morphological malformations occurring as the result of defective gene expression.
(e)
"Because of sex" means on account of the actual or presumed sex of the unborn human being.
(f)
"Conception" means the fusion of human spermatozoon with a human ovum.
(g)
"Department" means the Mississippi State Department of Health.
(h)
"Human being" means an individual member of the species Homo sapiens, from and after the point of conception.
(i)
"Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and bladder, bowel, brain, circulatory, digestive, endocrine, neurological, reproductive, and respiratory functions.
(j)
"Medical emergency" means a condition in which, on the basis of the physician's good-faith clinical judgment, an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.
(k)
"Physician" or "referring physician" means a person licensed to practice medicine in the State of Mississippi.
Added by Laws, 2020, ch. 434, HB 1295,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-407 - Abortion may not be performed because of race, sex, or genetic abnormality except in a medical emergency

(1)
Except in a medical emergency as defined in paragraph (j) of Section
41-41-405
, a person shall not perform, induce or attempt to perform or induce an abortion unless the physician who is to perform or induce the abortion has first confirmed that the abortion is not being sought because of the race or sex of the unborn human being or because of the presence or presumed presence of a genetic abnormality and documented these facts in the maternal patient's chart, as well as in the report to be filed with the department as set forth in subsection (4) of this section.
(2)
Except in a medical emergency as defined in paragraph (j) of Section
41-41-405
, a person shall not intentionally or knowingly perform, induce or attempt to perform or induce an abortion of an unborn human being if the abortion is being sought because of the actual or presumed race or sex of the unborn human being or because of the presence or presumed presence of a genetic abnormality.
(3)
In every case in which a physician performs or induces an abortion on an unborn human being, the physician shall within fifteen (15) days of the procedure cause to be filed with the department, on a form supplied by the department, a report containing the following information:
(a)
Date the abortion was performed;
(b)
Specific method of abortion used;
(c)
Whether the race of, sex of, or the presence or presumed presence of any genetic abnormality in the unborn human being had been detected at the time of the abortion by genetic testing (such as by maternal serum tests) or ultrasound (such as by nuchal translucency screening (NT)), or by other forms of testing;
(d)
A statement confirming that the reason for the abortion, as stated by the maternal patient, was not because of the unborn human being's actual or presumed race or sex or the presence or presumed presence of any genetic abnormality; and
(e)
Probable health consequences of the abortion and specific abortion method used.
The physician shall sign the form as his or her attestation under oath that the information stated thereon is true and correct to the best of his or her knowledge.
(4)
Reports required and submitted under subsection (3) of this section shall not contain the name of the maternal patient upon whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.
Added by Laws, 2020, ch. 434, HB 1295,§ 4, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-409 - Reporting forms

The department shall create the forms required by Sections
41-41-401
through
41-41-419
within thirty (30) days after July 1, 2020. No provision of Sections
41-41-401
through
41-41-419
requiring the reporting of information on forms published by the department shall be applicable until ten (10) days after the requisite forms have been made available or July 1, 2020, whichever is later.
Added by Laws, 2020, ch. 434, HB 1295,§ 5, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-411 - Criminal penalties

(1)
Any person who intentionally or knowingly violates the prohibitions in Section
41-41-407(1) and/or (2)
shall be guilty of a felony and shall, upon conviction, be imprisoned in the custody of the Department of Corrections not less than one (1) nor more than ten (10) years.
(2)
A woman upon whom an abortion is performed, induced, or attempted in violation of this section shall not be prosecuted for conspiracy to commit any violation of this section.
Added by Laws, 2020, ch. 434, HB 1295,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-413 - Professional sanction and civil penalties

(1)
A physician who intentionally or knowingly violates the prohibitions in Section
41-41-407(1) and/or (2)
commits an act of unprofessional conduct and his or her license to practice medicine in the State of Mississippi shall be suspended or revoked pursuant to action by the Mississippi State Board of Medical Licensure.
(2)
A physician who knowingly or intentionally delivers to the Department any report required by Section
41-41-407
and known by him or her to be false shall be subject to a civil penalty or fine up to Five Hundred Dollars ($500.00) per violation imposed by the department.
Added by Laws, 2020, ch. 434, HB 1295,§ 7, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-415 - Additional enforcement

The Attorney General shall have authority to bring an action in law or equity to enforce the provisions of Sections
41-41-401
through
41-41-419
on behalf of the Director of the Mississippi State Department of Health or the Mississippi State Board of Medical Licensure. The Mississippi State Board of Medical Licensure shall also have authority to bring such action on its own behalf.
Added by Laws, 2020, ch. 434, HB 1295,§ 8, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-417 - Construction

Nothing in Sections
41-41-401
through
41-41-419
shall be construed as creating or recognizing a right to abortion or as altering generally accepted medical standards. It is not the intention of Sections
41-41-401
through
41-41-419
to make lawful an abortion that is otherwise unlawful. An abortion that complies with Sections
41-41-401
through
41-41-419
, but violates any other state law, is unlawful. An abortion that complies with another state law, but violates Sections
41-41-401
through
41-41-419
is unlawful.
Added by Laws, 2020, ch. 434, HB 1295,§ 9, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-002 - [Newly enacted section not yet numbered] [Provision of individualized investigational drug, biological product, or device from an eligible facility or manufacturer operating within an eligible facility - Costs]

(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 act. This act 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.
Added by Laws, 2024, ch. 432, SB 2858,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-003 - [Newly enacted section not yet numbered] [Construction of act]

(1)
This act shall not be construed to expand the coverage required of an insurer under Title 83 of the Mississippi Code.
(2)
A health plan, third party administrator, or governmental agency may, but is not required to, provide coverage for the cost of an individualized investigational drug, biological product, or device, or the cost of services related to the use of an individualized investigational drug, biological product, or device under this act.
(3)
This act shall not be construed to require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an individualized investigational drug, biological product, or device.
(4)
This act shall not be construed to require a licensed hospital or facility to provide new or additional services, unless approved by the hospital or facility.
Added by Laws, 2024, ch. 432, SB 2858,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-004 - [Newly enacted section not yet numbered] [Patient death proximately caused by treatment with individualized investigational drug, biological product, or device - No liability for costs of treatment for estate, heirs]

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.
Added by Laws, 2024, ch. 432, SB 2858,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-005 - [Newly enacted section not yet numbered] [Prohibition against adverse licensure actions or Medicaid certification]

(1)
A licensing board or disciplinary subcommittee shall not revoke, fail to renew, suspend, or take any action against a health care provider's license, and based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an individualized investigational drug, biological product or device.
(2)
An entity responsible for Medicare certification shall not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an individualized investigational drug, biological product, or device.
Added by Laws, 2024, ch. 432, SB 2858,§ 5, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-006 - [Newly enacted section not yet numbered] [State may not block eligible patient's access to an individualized investigational drug, biological product, or device - Acts not considered violations]

(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.
Added by Laws, 2024, ch. 432, SB 2858,§ 6, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-007 - [Newly enacted section not yet numbered] [No private cause of action created]

This act does not create a private cause of action against a manufacturer of an individualized investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug, biological product, or device for any harm done to the eligible patient resulting from the individualized investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.
Added by Laws, 2024, ch. 432, SB 2858,§ 7, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › LIFE EQUALITY ACT OF 2020 (§§ 41-41-401 — 41-41-NEW-008) › Section 41-41-NEW-008 - [Newly enacted section not yet numbered] [Severability]

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable, and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases or words be declared unconstitutional.
Added by Laws, 2024, ch. 432, SB 2858,§ 8, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 42 - FAMILY PLANNING (§§ 41-42-1 — 41-42-7) › Section 41-42-1 - Title

This chapter shall be known and may be cited as the Family Planning Law of 1972.
Codes, 1942, § 7129-151; Laws, 1972, ch. 531, § 1, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 42 - FAMILY PLANNING (§§ 41-42-1 — 41-42-7) › Section 41-42-3 - Definitions

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.
Codes, 1942, § 7129-152; Laws, 1972, ch. 531, § 2, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 42 - FAMILY PLANNING (§§ 41-42-1 — 41-42-7) › Section 41-42-5 - Power and authority of State Board of Health

The State Board of Health is authorized to receive and disburse such funds as may become available to it for family planning programs to any organization, public or private, engaged in providing contraceptive procedures, supplies, and information. Any family planning program administered by the board may be developed in consultation and coordination with other family planning agencies in this state.
The board is hereby authorized to adopt and promulgate rules and regulations to implement the provisions of this chapter.
The board may provide for the dissemination of medically acceptable contraceptive information and supplies by duly authorized persons in state and county health and welfare departments and in medical facilities at institutions of higher learning.
Codes, 1942, § 7129-153; Laws, 1972, ch. 531, § 3, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 42 - FAMILY PLANNING (§§ 41-42-1 — 41-42-7) › Section 41-42-7 - Furnishing contraceptive supplies and information to minors

Contraceptive supplies and information may be furnished by physicians to any minor who is a parent, or who is married, or who has the consent of his or her parent or legal guardian, or who has been referred for such service by another physician, a clergyman, a family planning clinic, a school or institution of higher learning, or any agency or instrumentality of this state or any subdivision thereof.
Codes, 1942, § 7129-154; Laws, 1972, ch. 531, § 4, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › IN GENERAL (§§ 41-43-1 — 41-43-7) › Section 41-43-1 - Regulation of cemeteries in the vicinity of hospitals; private family cemeteries

(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.
Codes, 1942, § 2890.6; Laws, 1966, ch. 398, § 1; Laws, 1982, ch. 307, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › IN GENERAL (§§ 41-43-1 — 41-43-7) › Section 41-43-3 - Appointment of trustee for private or family cemetery or burying ground

When any donation or bequest is made by any person, company or corporation, of money or property to be used for the maintenance and preservation of any private or family cemetery or burying ground, and no trustee be appointed by such person, company or corporation, or if appointed, the trustee should die, resign, or otherwise become incompetent, the chancellor, on petition of any person having, or feeling, any interest therein, may, in vacation or in term-time, appoint a trustee to administer the trust on such terms as he may deem proper. If a trustee shall improperly administer the trust, he may be removed by the chancellor and another appointed.
Codes, 1906, § 555; Hemingway's 1917, § 315; 1930, § 362; 1942, § 1273.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › IN GENERAL (§§ 41-43-1 — 41-43-7) › Section 41-43-5 - Use of vacant portions of lots by not-for-profit cemetery permitted under certain circumstances; notice to potential living heirs of original purchaser; recordkeeping

(1)
The provisions of this section apply to any not-for-profit cemetery:
(a)
In which a lot was sold or reserved to be used for burial plots;
(b)
Only a portion of the lot has been used for burial plots;
(c)
There is sufficient space for additional burial plots to be located within the same lot;
(d)
The owner of the cemetery desires to use the vacant portions of the lot for additional burial plots; and
(e)
There are no known heirs of the person who originally purchased or reserved the lot from whom the cemetery may obtain permission to use the vacant portions of the lot for additional burial plots.
(2)
The owner of the cemetery first shall make reasonably diligent efforts to identify any living heirs of the person who originally purchased or reserved the lot. If there are any potential living heirs known to the owner of the cemetery, the owner shall mail a notice to those persons at their last known address, informing them that if they do not notify the cemetery within ninety (90) days after the date of the notice, they will be barred from objecting to the cemetery's use of the vacant portions of the lot for additional burial plots after that time.
(3)
In addition, the owner of the cemetery shall publish, for three (3) consecutive weeks in some newspaper published or having circulation in the county in which the cemetery is located, a notice that any persons having any claim of ownership to the lot in the cemetery must notify the cemetery within ninety (90) days after the first publication of the notice or they will be barred from objecting to the cemetery's use of vacant portions of the lot for additional burial plots after that time.
(4)
If any person notifies the cemetery within the time specified in subsection (2) or (3) of this section, and the cemetery determines that the person has an ownership interest in the lot, then the cemetery may not use the vacant portions of the lot for additional burial plots without the permission of that person. If no person notifies the cemetery within the time specified in subsection (2) or (3) of this section, or if the cemetery determines that a person or persons who timely notified the cemetery does not have an ownership interest in the lot, then the cemetery may use the vacant portions of the lot for additional burial plots, and no claim shall be allowed that the cemetery has used the lot without the permission of an owner of the lot.
(5)
The owner of the cemetery shall maintain permanent records documenting the mailed notice and the published notice provided by the cemetery under subsections (2) and (3) of this section.
Laws, 2009, ch. 388, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › IN GENERAL (§§ 41-43-1 — 41-43-7) › Section 41-43-7 - Penalty for violation of chapter; appeal

(1)
The Secretary of State may impose, following notice and an opportunity for a hearing, monetary penalties not to exceed One Thousand Dollars ($1,000.00) per occurrence for any violation of this chapter or any rule, regulation or order issued by the Secretary of State.
(2)
Any person aggrieved by a final order of the Secretary of State may obtain a review of the order in the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing in the court, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside, in whole or in part. A copy of the petition shall be forthwith served upon the Secretary of State and thereupon the Secretary of State shall certify and file in the court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part.
Laws, 2009, ch. 549, § 24, eff. 7/1/2009.
Amended by Laws, 2016, ch. 447, SB 2649, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-31 - Title

Sections
41-43-31
through
41-43-53
may be cited as the "Cemetery Law."
Codes, 1942, § 5308-01; Laws, 1958, ch. 481, § 1, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-33 - Who is subject to cemetery law

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.
Codes, 1942, § 5308-02; Laws, 1958, ch. 481, § 2; Laws, 2009, ch. 549, § 17, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-35 - Designation of cemetery organizations as perpetual care cemeteries

All such organizations subject to the provisions of Section
41-43-31
et seq. shall be, for the purposes hereof, designated as "perpetual care cemeteries."
Codes, 1942, § 5308-03; Laws, 1958, ch. 481, § 3; Laws, 2009, ch. 549, § 18, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-39 - Operation as perpetual care cemetery; procedure by existing organizations

Any such organization, subject to the provisions of Sections
41-43-31
through
41-43-53
, which is organized and engaged in business prior to May 6, 1958, shall be a perpetual care cemetery if:
(1)
It shall, by July 5, 1958, have placed the entire principal and all accrued interest in any perpetual care fund then in its possession, or in the possession of trustees designated by it, in trust, to be administered as set forth in Sections
41-43-37
and
41-43-38
. Should such perpetual care fund be less than ten percent (10%) of the gross selling price of all burial spaces, crypts or inurnment niches sold, such organization shall have deposited into the perpetual care fund such additional money as may be necessary to cause the fund to be ten percent (10%) of all gross sales prior to May 6, 1958.
(2)
It shall, at all times after May 6, 1958, comply with the requirements of a perpetual care cemetery as set forth in Sections
41-43-37
and
41-43-38
.
Codes, 1942, § 5308-05; Laws, 1958, ch. 481, § 5; Laws, 1966, ch. 375, § 2; Laws, 1982, ch. 371, § 3, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-40 - Perpetual care cemetery to maintain up-to-date record of persons buried in cemetery or entombed in mausoleum or columbarium; contents

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.
Laws, 2009, ch. 549, § 25, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-41 - Nonperpetual care cemetery may become perpetual care cemetery; all cemeteries created after July 1, 2009, to be perpetual care cemeteries unless exempt

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.
Codes, 1942, § 5308-06; Laws, 1958, ch. 481, § 6; Laws, 2009, ch. 549, § 21, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-43 - Nonperpetual care cemeteries to call attention to such fact in all sales contracts and deeds

All nonperpetual care cemeteries shall have printed at the top of all contracts of sales and deeds the words "this is a nonperpetual care cemetery."
Codes, 1942, § 5308-06; Laws, 1958, ch. 481, § 6, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-45 - Lots sold to public to be free from liens; sale or transfer of lots by purchaser

All lots and grave spaces offered for sale to the public shall be free and clear of liens or encumbrances. On payment of the purchase price, the purchaser shall be delivered a warranty deed or a perpetual easement for interment purposes.
Only the owner of a cemetery, or its agents, may sell or convey lots, plots, or parts thereof.
The purchaser of any lot, plot or part thereof may sell or transfer the same by giving notice thereof to the cemetery authorities or organization. Before acknowledging any transfer as valid, said cemetery authorities or organization may require the transferee to personally appear in the cemetery's principal place of business to accept any deed or transfer rights to the property conveyed, in order that the transfer may be properly enrolled on the books of the cemetery. A memorandum of all transfers shall be made on the books of the cemetery corporation or organization.
Codes, 1942, § 5308-07; Laws, 1958, ch. 481, § 7, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-47 - Cemetery rules and regulations

The owner of any cemetery may make and enforce reasonable rules and regulations for the use, care, control, management, restriction and protection of such cemetery.
Codes, 1942, § 5308-08; Laws, 1958, ch. 481, § 8, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-49 - [Repealed]

Repealed by Laws, 1982, ch. 371, § 7, eff. 7/1/1982.
Codes, 1942, § 5308-09; Laws, 1958, ch. 481, § 9.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-51 - Rule against perpetuities inapplicable to perpetual care funds

The rule against perpetuities shall not be applicable to perpetual care funds provided for in Sections
41-43-31
through
41-43-53
.
Codes, 1942, § 5308-10; Laws, 1958, ch. 481, § 10, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-53 - Penalty for violations of Section 41-43-31 et seq.; punishment for embezzlement, misapplication or conversion of perpetual care trust funds

(1)
Violation of any of the provisions of Sections
41-43-31
through
41-43-53
by any person, partnership, corporation or organization shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both.
(2)
(a)
Any person, partnership, corporation or organization that embezzles or fraudulently or knowingly and willfully misapplies or converts perpetual care trust funds shall, upon conviction, be punished as follows:
(i)
If the amount embezzled, misapplied or converted is less than One Thousand Dollars ($1,000.00), by a fine of not more than Five Hundred Dollars ($500.00) and confinement in the county jail not more than one (1) year; or
(ii)
If the amount embezzled, misapplied or converted is One Thousand Dollars ($1,000.00) or more, by imprisonment in the custody of the Mississippi Department of Corrections for a term of not more than ten (10) years.
(b)
Each such violation shall constitute a separate offense.
Codes, 1942, § 5308-11; Laws, 1958, ch. 481, § 11; Laws, 1981, ch. 432, § 1, eff. 3/25/1981.
Amended by Laws, 2018, ch. 323, SB 2484,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-55 - Business records of all perpetual care cemeteries to be available for inspection and examination by Secretary of State; inspection of cemetery sites

The business records of any perpetual care cemetery, whether registered or not, the records of its financial institution, third-party administrator, or the trustee's records related to the perpetual care cemetery shall be available for inspection and examination by the Secretary of State's examiners at all reasonable times, whether those records are located within this state or outside this state. The Secretary of State's examiners are authorized access to inspect cemetery sites subject to or potentially subject to this chapter wherever the same may be located.
Laws, 2009, ch. 549, § 22, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 43 - CEMETERIES AND BURIAL GROUNDS (§§ 41-43-1 — 41-43-59) › CEMETERY LAW (§§ 41-43-31 — 41-43-59) › Section 41-43-57 - Application for release of trust principal for certain purposes under exceptional circumstances

(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.
Laws, 2009, ch. 549, § 23, eff. 7/1/2009.
Amended by Laws, 2021, ch. 452, SB 2261,§ 3, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 45 - SEXUAL STERILIZATION [Repealed] (§ 41-45-1) › Section 41-45-1 - through 41-45-19 - [Repealed]

Repealed by Laws, 2008, ch. 442, § 50, eff. 7/1/2008.
§ 41-45-1. [Codes, 1930, § 4602; 1942, § 6957; Laws, 1928, ch. 294; Laws, 1984, ch. 472, § 5, eff. 7/1/1984.] § 41-45-3. [Codes, 1930, § 4603; 1942, § 6958; Laws, 1928, ch. 294.] § 41-45-5. [Codes, 1930, § 4603; 1942, § 6958; Laws, 1928, ch. 294.] § 41-45-7. [Codes, 1930, § 4603; 1942, § 6958; Laws, 1928, ch. 294.] § 41-45-9. [Codes, 1930, § 4604; 1942, § 6959; Laws, 1928, ch. 294; Laws, 1984, ch. 472, § 6, eff. 7/1/1984.] § 41-45-11. [Codes, 1930, § 4605; 1942, § 6960; Laws, 1928, ch. 294.] § 41-45-13. [Codes, 1930, § 4606; 1942, § 6961; Laws, 1928, ch. 294.] § 41-45-15. [Codes, 1930, § 4607; 1942, § 6962; Laws, 1928, ch. 294.] § 41-45-17. [Codes, 1930, § 4608; 1942, § 6963; Laws, 1928, ch. 294.] § 41-45-19. [Codes, 1930, § 4609; 1942, § 6964; Laws, 1928, ch. 294.]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 47 - TRANSPORTATION AND POSSESSION OF PARAKEETS AND OTHER BIRDS [Repealed] (§ 41-47-1) › Section 41-47-1 - through 41-47-17 - [Repealed]

Repealed by Laws, 1976, ch. 301, eff.2/12/1976.
Laws, 1956, ch. 307, §§ 1-9.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 49 - REGULATION OF HOTELS AND INNKEEPERS (§§ 41-49-1 — 41-49-9) › Section 41-49-1 - Chapter to be enforced by State Board of Health

It shall be the duty of the Mississippi State Board of Health to enforce the provisions of this chapter. In order to discharge its powers and duties under this statute, the board may promulgate such rules and regulations as are reasonable and necessary.
Codes, Hemingway's 1917, § 2062; 1930, § 5102; 1942, § 7147; Laws, 1910, ch. 163; Laws, 1983, ch. 522, § 25, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 49 - REGULATION OF HOTELS AND INNKEEPERS (§§ 41-49-1 — 41-49-9) › Section 41-49-3 - "Hotel" defined

The term "hotel" shall mean and include any entity or individual engaged in the business of furnishing or providing one or more rooms intended or designed for dwelling, lodging or sleeping purposes that at any one time will accommodate transient guests and that are known to the trade as such and includes every building or other structure kept, used, maintained or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay or other consideration to transient guests regardless of the number of rooms, units, suites or cabins available, excluding nursing homes or institutions for the aged or infirm as defined in Section
43-11-1
.
Codes, Hemingway's 1917, § 2063; 1930, § 5103; 1942, § 7148; Laws, 1910, ch. 163; Laws, 1983, ch. 522, § 26; Laws, 2007, ch. 526, § 1, eff. 4/18/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 49 - REGULATION OF HOTELS AND INNKEEPERS (§§ 41-49-1 — 41-49-9) › Section 41-49-5 - Premises to be kept in clean and sanitary condition

It shall be the duty of every keeper, manager or person in charge of the conduct of any hotel or inn in this state to keep all of the rooms used in connection with such hotel, or provided for the use of guests, in clean and sanitary condition; and to provide each guest with effective protection against flies, mosquitoes and other vermin.
Codes, Hemingway's 1917, § 2064; 1930, § 5104; 1942, § 7149; Laws, 1910, ch. 163; Laws, 1983, ch. 522, § 27, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 49 - REGULATION OF HOTELS AND INNKEEPERS (§§ 41-49-1 — 41-49-9) › Section 41-49-7 - Copy of chapter to be posted in all hotels and inns

A copy of Sections
41-49-1
through
41-49-5
,
41-49-9
, shall be posted and kept posted in a conspicuous place in the general office or lobby, provided for the use of guests and patrons of every public inn and hotel.
Codes, Hemingway's 1917, § 2065; 1930, § 5105; 1942, § 7150; Laws, 1910, ch. 163.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 49 - REGULATION OF HOTELS AND INNKEEPERS (§§ 41-49-1 — 41-49-9) › Section 41-49-9 - Penalty

Any owner, manager or person in charge of a hotel who shall fail, neglect or refuse to comply with any of Sections
41-49-1
through
41-49-7
, or with any applicable rules or regulations of the state board of health, shall be guilty of a misdemeanor, and on conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Each day's failure, neglect or refusal shall constitute a separate offense, and may be punished as such.
Codes, Hemingway's 1917, § 2065; 1930, § 5106; 1942, § 7151; Laws, 1910, ch. 163; Laws, 1983, ch. 522, § 28, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 51 - ANIMAL AND POULTRY BY-PRODUCTS DISPOSAL OR RENDERING PLANTS (§§ 41-51-1 — 41-51-33) › Section 41-51-1 - Short title

This chapter may be cited as The Animal and Poultry By-Products Disposal Law of 1964.
Codes, 1942, § 4575-101; Laws, 1964, ch. 214, § 1, eff. 3/26/1964.