reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 107 - HEALTH CARE RIGHTS OF CONSCIENCE (§§ 41-107-1 — 41-107-13) › Section 41-107-11 - Civil remedies

(1)
A civil action for damages or injunctive relief, or both, may be brought for the violation of any provision of this chapter. It shall not be a defense to any claim arising out of the violation of this chapter that such violation was necessary to prevent additional burden or expense on any other health-care provider, health-care institution, individual or patient.
(2)
Damage Remedies.
Any individual, association, corporation, entity or health-care institution injured by any public or private individual, association, agency, entity or corporation by reason of any conduct prohibited by this chapter may commence a civil action. Upon finding a violation of this chapter, the aggrieved party shall be entitled to recover threefold the actual damages, including pain and suffering, sustained by such individual, association, corporation, entity or health-care institution, the costs of the action, and reasonable attorney's fees; but in no case shall recovery be less than Five Thousand Dollars ($5,000.00) for each violation in addition to costs of the action and reasonable attorney's fees. These damage remedies shall be cumulative, and not exclusive of other remedies afforded under any other state or federal law.
(3)
Injunctive Remedies.
The court in such civil action may award injunctive relief, including, but not limited to, ordering reinstatement of a health-care provider to his or her prior job position.
Laws, 2004, ch. 568, § 6, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 107 - HEALTH CARE RIGHTS OF CONSCIENCE (§§ 41-107-1 — 41-107-13) › Section 41-107-13 - Severability

The provisions of this chapter are declared to be severable, and if any provision, word, phrase or clause of this chapter or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this chapter.
Laws, 2004, ch. 568, § 7, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 109 - LEONARD MORRIS CHRONIC KIDNEY DISEASE LEADERSHIP TASK FORCE [Repealed] (§ 41-109-1) › Section 41-109-1 - through 41-109-7 - [Repealed]

Repealed by Laws, 2011, ch. 529, § 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 113 - TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM (§§ 41-113-1 — 41-113-11) › Section 41-113-1 - Legislative intent

(1)
The Mississippi Legislature recognizes the devastating impact that tobacco use has on the citizens of our state. Tobacco use is the single most preventable cause of death and disease in this country and this state. Each year, thousands of Mississippians lose their lives to diseases caused by tobacco use, and the cost to the state is hundreds of millions of dollars. Tobacco use also is a large burden on the families and businesses of Mississippi. It is therefore the intent of the Legislature that there be developed, implemented and fully funded a comprehensive and statewide tobacco education, prevention and cessation program that is consistent with the Best Practices for Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended. It is also the intent of the Legislature that all reasonable efforts be made to maximize the amount of federal funds available for this program.
(2)
The goals of the tobacco education, prevention and cessation program include, but are not limited to, the following:
(a)
Preventing the initiation of use of tobacco products by youth;
(b)
Encouraging and helping smokers to quit and reducing the numbers of youth and adults who use tobacco products;
(c)
Assisting in the protection from secondhand smoke;
(d)
Supporting the enforcement of laws prohibiting youth access to tobacco products;
(e)
Eliminating the racial and cultural disparities related to use of tobacco products; and
(f)
Educating the public and changing the cultural perception of use of tobacco products in Mississippi.
Laws, 2007, ch. 514, § 13, eff. 3/30/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 113 - TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM (§§ 41-113-1 — 41-113-11) › Section 41-113-5 - Director; appointment; responsibilities; qualifications; duties; compensation

(1)
The Office of Tobacco Control shall be under the management of a director, who shall be appointed by the State Health Officer. The responsibility for implementation of the comprehensive and statewide tobacco education, prevention and cessation program shall be vested in the director. The director shall be an individual who has knowledge and experience in public health, medical care, health-care services, preventive health measures or tobacco use control. The director shall be the administrative officer of the Office of Tobacco Control, and shall perform the duties that are required of him or her by law and such other duties as may be assigned to him or her by the State Board of Health. The director shall receive such compensation as may be fixed by the State Board of Health, subject to the approval of the State Personnel Board.
(2)
The State Health Officer may employ such other persons as may be necessary to carry out the provisions of this chapter. The compensation and the terms and conditions of their employment shall be determined by the State Board of Health in accordance with applicable state law and rules and regulations of the State Personnel Board.
Laws, 2007, ch. 514, § 15, eff. 3/30/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 113 - TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM (§§ 41-113-1 — 41-113-11) › Section 41-113-7 - Duties of Office of Tobacco Control

The Office of Tobacco Control shall perform the following duties, with the advice of the Mississippi Tobacco Control Advisory Council:
(a)
Develop and implement appropriate policies and procedures for the operation of the tobacco education, prevention and cessation program;
(b)
Develop and implement a five-year strategic plan for the tobacco education, prevention and cessation program;
(c)
Develop and maintain an annual operating budget and oversee fiscal management of the tobacco education, prevention and cessation program;
(d)
Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
(e)
Receive grants, bequeaths, gifts, donations or any other contributions made to the office to be used for specific purposes related to the goals of this chapter;
(f)
Submit an annual report to the Legislature regarding the operation of the office;
(g)
Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the office as required by law; and
(h)
Take any other actions that are necessary to carry out the purposes of this chapter.
Laws, 2007, ch. 514, § 16, eff. 3/30/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 113 - TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM (§§ 41-113-1 — 41-113-11) › Section 41-113-11 - Tobacco Control Program Fund created

(1)
There is established in the State Treasury a special fund to be known as the Tobacco Control Program Fund, which shall be comprised of the funds specified in subsection (2) of this section and any other funds that are authorized or required to be deposited into the special fund.
(2)
From the tobacco settlement installment payments that the State of Mississippi receives during each calendar year, the sum of Twenty Million Dollars ($20,000,000.00) shall be deposited into the special fund.
(3)
Monies in the fund shall be expended solely for the purposes specified in this chapter. None of the funds in the special fund may be transferred to any other fund or appropriated or expended for any other purpose.
(4)
All income from the investment of the funds in the Tobacco Control Program Fund shall be credited to the account of the Tobacco Control Program Fund. Any funds in the Tobacco Control Program Fund at the end of a fiscal year shall not lapse into the State General Fund. Any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of a fiscal year shall lapse into the Tobacco Control Program Fund. However, beginning with fiscal year 2020, any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of the fiscal year shall lapse into the Health Care Expendable Fund.
Laws, 2007, ch. 514, § 18, eff. 3/30/2007.
Amended by Laws, 2020, ch. 478, HB 127,§ 2, eff. 7/8/2020.
Amended by Laws, 2017, ch. 440, SB 2649, 6, eff. 4/18/2017.
Amended by Laws, 2015, ch. 471, HB 434, 13, eff. 4/22/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 114 - RESTRICTIONS ON TOBACCO USE IN PUBLIC FACILITIES (§ 41-114-1) › Section 41-114-1 - Use of tobacco by participant or spectator when persons under eighteen years of age are engaged in organized athletic event at public facility prohibited; exceptions, enforcement penalties

(1)
As used in this section:
(a)
The term "public facility" means any building, gymnasium, athletic field, recreational area or park to which the public is invited, whether there is charge for admission or not.
(b)
The term "smoke" or "smoking" means inhaling, exhaling, burning, carrying or otherwise possessing any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product.
(2)
During any time that persons under eighteen (18) years of age are engaged in an organized athletic event at a public facility in Mississippi, no participant in or spectator of the athletic event shall smoke in the facility, if the facility is enclosed, or within one hundred (100) feet of the facility, if the facility is not enclosed, except as permitted under subsection (3)(c) of this section.
(3)
The person, agency or entity having jurisdiction or supervision over a public facility shall not allow smoking at the facility in violation of this section, and shall use reasonable efforts to prevent smoking at the facility. The person, agency or entity may take the following steps:
(a)
Posting appropriate signs informing persons that smoking is prohibited at the public facility.
(b)
Securing the removal of persons who smoke at the public facility in violation of this section.
(c)
Providing a designated area separate from the fields of activity, to which smoking shall be restricted.
(4)
Any person who violates this section shall, upon conviction, be subject to a civil fine and shall be liable as follows:
(a)
For a first conviction, a warning;
(b)
For a second conviction, a fine of Seventy-five Dollars ($75.00); and
(c)
For all later convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00).
Anyone convicted under this section shall be recorded as being guilty of a civil penalty and not for violating a criminal statute. Any such violation shall be triable in any justice court or municipal court with proper jurisdiction.
(5)
It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this section are enforced.
(6)
If the actions of a person violate both this section and Section
97-32-29
, the person shall be liable only under this section or Section
97-32-29
, but not under both sections.
Laws, 2010, ch. 537, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 117 - NURSE-FAMILY PARTNERSHIP PILOT PROGRAM (§§ 41-117-1 — 41-117-5) › Section 41-117-1 - Legislative findings

(1)
The Legislature makes the following findings:
(a)
The United Health Foundation (UHF) ranks Mississippi fiftieth in overall health, fiftieth in infant mortality with an infant mortality rate of eleven (11) deaths per one thousand (1,000) live births, thirtieth in immunization coverage with only seventy-six and five-tenths percent (76-
5
/
10
%) of children ages nineteen (19) through thirty-five (35) months immunized, and fiftieth in overall child well-being, continuing a series of five (5) consecutive years for the state being last in the nation.
(b)
Programs that focus on improved pregnancy outcomes, child health and development and the economic self-sufficiency of the family have been shown to be beneficial to both children and mothers.
(c)
Research has shown that the Nurse-Family Partnership program improves pregnancy outcomes by helping women engage in good preventive health practices, including thorough prenatal care from their health care providers, improving their diets, and reducing their use of cigarettes, alcohol and illegal substances.
(d)
The Nurse-Family Partnership program also has been shown to improve child health and development by helping parents provide responsible and competent care, and improve the economic self-sufficiency of the family by helping parents develop a vision for their own future, plan future pregnancies, continue their education and find work.
(2)
The Legislature declares that establishing a Nurse-Family Partnership Pilot program in Mississippi would be very beneficial to improving pregnancy outcomes, child health and development and the economic self-sufficiency of the family in this state.
Laws, 2010, ch. 485, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 117 - NURSE-FAMILY PARTNERSHIP PILOT PROGRAM (§§ 41-117-1 — 41-117-5) › Section 41-117-3 - Authorization to establish Nurse-Family Partnership Pilot program; components of program; program goals

(1)
The State Board of Health is authorized, in its discretion, to establish a Nurse-Family Partnership Pilot program in the State Department of Health, in conjunction with the Nurse-Family Partnership National Service Office. The pilot program shall be conditioned upon the availability of funds obtained for such purpose from public or private services. The program is an evidence-based, voluntary, nurse home visitation program that improves the health and well-being of low-income, first-time pregnant women and their children. The Nurse-Family Partnership Pilot program includes, but is not limited to, the following components:
(a)
Eligibility criteria for the program include first-time pregnancy before the twenty-eighth week of gestation, and being eligible for Medicaid.
(b)
Registered nurses, by making home visits to pregnant women, provide education, support and guidance regarding pregnancy and maternal health, child health and development, parenting, the mother's life course development, and identifying and using family and community supports.
(c)
Home visits begin before the twenty-eighth week of pregnancy, and continue on a weekly or biweekly basis until the child turns two (2) years old.
(2)
The goals of the Nurse-Family Partnership Pilot program are to:
(a)
Improve pregnancy outcomes by helping women engage in good preventive health practices, including thorough prenatal care from their health care providers, improving their diets, and reducing their use of cigarettes, alcohol and illegal substances.
(b)
Improve child health and development by helping parents provide responsible and competent care.
(c)
Improve the economic self-sufficiency of the family by helping parents develop a vision for their own future, plan future pregnancies, continue their education and find work.
Laws, 2010, ch. 485, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 117 - NURSE-FAMILY PARTNERSHIP PILOT PROGRAM (§§ 41-117-1 — 41-117-5) › Section 41-117-5 - State Health Department and University of Mississippi Medical Center to develop recommendations and strategies to improve health care for premature infants

(1)
In addition to implementing the Nurse-Family Partnership Pilot program, the State Health Department jointly with the University of Mississippi Medical Center may:
(a)
Develop standards of care for premature infants born less than thirty-seven (37) weeks gestational age to help improve their access to and quality of care in their first year of life.
(b)
Examine and make recommendations to improve hospital discharge and follow-up care procedures to promote coordinated processes as premature infants leave the hospital from either a Level 1 (well baby nursery), Level 2 (step down or transitional nursery) or Level 3 (neonatal intensive care unit) unit and transition to follow-up care by a health care provider in the community.
(c)
Urge hospitals serving infants eligible for medical assistance and child health assistance to report to the state the causes and incidence of all rehospitalizations of infants born premature at less than thirty-seven (37) weeks gestational age within their first six (6) months of life.
(d)
Develop recommendations for quality measures to assess health care outcomes of premature infants.
(e)
Develop recommendations to ensure access to preventive health care therapies to protect premature infants from common infectious diseases, including respiratory syncytial virus.
(f)
Measurably improve the quality of care for premature infants through advocacy of evidenced-based approaches and proposals for legislation, regulation and public policy change.
(2)
The State Board of Health program may:
(a)
Review relevant evidence-based research regarding premature infant health care and seek input from public and private entities currently associated with treatment of prematurity.
(b)
Develop recommendations and strategies to improve health care for premature infants by:
(i)
Developing standards of care for premature infants born less than thirty-seven (37) weeks gestational age pursuant to Section
41-117-3
;
(ii)
Coordinating information among appropriate professional and advocacy organizations on measures to improve health care for infants born premature; and
(iii)
Issuing findings of goals, objectives, strategies and tactics to improve premature infant health care in Mississippi.
Laws, 2010, ch. 485, § 3, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-1 - [Repealed]

Laws, 2010, ch. 545, § 1, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-3 - [Repealed]

Laws, 2010, ch. 545, § 2, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-5 - [Repealed]

Laws, 2010, ch. 545, § 3, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-9 - [Repealed]

Laws, 2010, ch. 545, § 5, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-11 - [Repealed]

Laws, 2010, ch. 545, § 6, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-13 - [Repealed]

Laws, 2010, ch. 545, § 7, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-15 - [Repealed]

Laws, 2010, ch. 545, § 8, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 8, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-17 - [Repealed]

Laws, 2010, ch. 545, § 9, eff. 4/28/2010.
Brought forward by Laws, 2014, ch. 466, HB 392, 9, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-19 - [Repealed]

Laws, 2010, ch. 545, § 10, eff. 4/28/2010.
Amended by Laws, 2014, ch. 466, HB 392, 10, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 119 - HEALTH INFORMATION TECHNOLOGY ACT (§§ 41-119-1 — 41-119-21) › Section 41-119-21 - Repeal of Sections 41-119-1 through 41-119-21

Sections
41-119-1
through 41-119-21 shall stand repealed on July 1, 2019.
Laws, 2010, ch. 545, § 11, eff. 4/28/2010.
Amended by Laws, 2014, ch. 466, HB 392, 11, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 121 - REQUIREMENTS FOR ADVERTISEMENTS FOR HEALTH CARE SERVICES (§§ 41-121-1 — 41-121-11) › Section 41-121-1 - [Repealed Effective 7/1/2025] Title

This chapter shall be known and may be cited as "The Patient's Right to Informed Health Care Choices Act."
Laws, 2012, ch. 409, § 1, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 393, HB 686,§ 1, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 419, HB 489, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 121 - REQUIREMENTS FOR ADVERTISEMENTS FOR HEALTH CARE SERVICES (§§ 41-121-1 — 41-121-11) › Section 41-121-3 - [Repealed Effective 7/1/2025] Purpose

The Legislature finds and declares that:
(a)
There are a multitude of professional degrees using the term "doctor," including Medical Doctor (M.D.); Doctor of Osteopathic Medicine (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); Doctor of Nursing Practice (D.N.P.); Doctor of Pharmacy (Pharm.D.); and other designations which may be used by health care practitioners.
(b)
Choosing a health care provider is one of the most important decisions a patient makes, which should be supported by full disclosure from their health care provider. There are differences regarding the training and qualifications required to earn the professional degrees described in and subject to this chapter. These differences often concern the training and skills necessary to correctly detect, diagnose, prevent and treat serious health care conditions.
(c)
There is a compelling state interest in patients being promptly and clearly informed of the actual training and qualifications of their health care practitioners who provide health care services. This chapter aims to provide public protection against potentially misleading and deceptive health care advertising that cause patients to have undue expectations regarding their medical treatments and outcomes.
Laws, 2012, ch. 409, § 2, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 393, HB 686,§ 2, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 419, HB 489, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 121 - REQUIREMENTS FOR ADVERTISEMENTS FOR HEALTH CARE SERVICES (§§ 41-121-1 — 41-121-11) › Section 41-121-7 - [Repealed Effective 7/1/2025] Requirements

(1)
An advertisement for health care services that names a health care practitioner must identify the type of license held according to the definitions under this chapter. The advertisement shall be free from any and all deceptive or misleading information.
(2)
A health care practitioner providing health care services in this state must conspicuously post in their office and affirmatively communicate the practitioner's specific licensure as defined under this chapter. This shall consist of the following: The health care practitioner shall display in his or her office a writing that clearly identifies the type of license held by the health care practitioner. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.
(3)
A health care practitioner who practices in more than one (1) office shall be required to comply with these requirements in each practice setting.
(4)
Health care practitioners working in nonpatient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of this chapter.
Laws, 2012, ch. 409, § 4, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 393, HB 686,§ 4, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 419, HB 489, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 121 - REQUIREMENTS FOR ADVERTISEMENTS FOR HEALTH CARE SERVICES (§§ 41-121-1 — 41-121-11) › Section 41-121-9 - [Repealed Effective 7/1/2025] Violations and enforcement

(1)
Failure to comply with any provision under this section shall constitute a violation under this chapter.
(2)
Knowingly aiding, assisting, procuring, employing or advising any unlicensed person or entity to practice or engage in acts contrary to the health care practitioner's degree of licensure shall constitute a violation under this chapter.
(3)
Delegating or contracting for the performance of health care services by a health care practitioner when the licensee delegating or contracting for performance knows, or has reason to know, the person does not have the required authority under the person's licensure, shall constitute a violation under this chapter.
(4)
Violations of this chapter relating to practitioners of pharmacy shall be regulated in accordance with the restrictions on the use of business name for pharmacists in Section
73-21-109
.
(5)
Each day that this chapter is violated shall constitute a separate offense and shall be punishable as such.
(6)
Any health care practitioner who violates any provision under this chapter is guilty of unprofessional conduct and subject to disciplinary action under the appropriate licensure provisions governing the respective health care practitioner.
(7)
Any and all fees and other amounts billed to and paid by the patient may be effectively rescinded and refunded. This includes third parties contracted to collect fees on behalf of the health care practitioner, the health care practitioner's employer, or other entity contracting with the health care practitioner as determined by each respective licensing board.
(8)
The imposition of professional sanctions, administrative fees or other disciplinary actions shall be publicly reported by the governmental administrative body of proper jurisdiction at its discretion.
(9)
Notwithstanding the imposition of any penalty, a professional licensing board or other administrative agency with jurisdiction may seek an injunction or other legal means as appropriate against a person or entity violating this chapter as determined by each respective licensing board.
(10)
A licensing board may only enforce violations of this chapter with licensees that are subject to its jurisdiction.
Laws, 2012, ch. 409, § 5, eff. 7/1/2012.
Reenacted by Laws, 2020, ch. 393, HB 686,§ 5, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 419, HB 489, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 121 - REQUIREMENTS FOR ADVERTISEMENTS FOR HEALTH CARE SERVICES (§§ 41-121-1 — 41-121-11) › Section 41-121-11 - Repeal of this chapter

Sections
41-121-1
through
41-121-9
shall stand repealed on July 1, 2025.
Laws, 2012, ch. 409, § 6, eff. 7/1/2012.
Amended by Laws, 2020, ch. 393, HB 686,§ 6, eff. 7/1/2020.
Amended by Laws, 2016, ch. 419, HB 489, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-1 - Office of Mississippi Physician Workforce established; purpose, staffing, duties

There is established the Office of Mississippi Physician Workforce within the State Department of Health for the purpose of overseeing the physician workforce development and needs, both in numbers and distribution, of the State of Mississippi. The office shall have a director, who must be a physician licensed in the State of Mississippi and who shall be appointed by the State Health Officer. In addition, the office shall have a researcher to assist the director in collecting and analyzing data concerning the physician workforce needs of Mississippi and other necessary staff to assist in its work. The office shall have the following duties, at a minimum:
(a)
Assessing the current numbers, ages, types of practice, hospital affiliations, and geographic distribution of physicians in each medical specialty in Mississippi;
(b)
Assessing the current and future physician workforce needs of the State of Mississippi;
(c)
Assisting in the creation and/or support of Accreditation Council for Graduate Medical Education (ACGME) accredited GME training programs in the State of Mississippi based on needs analysis and criteria established by the office and the advisory board while maintaining a strong and continued priority focus on family medicine. This support may include the awarding of state financial assistance as available, for the creation or support of family medicine residencies and other GME programs approved by the advisory board;
(d)
Encouraging the development of an adequate and geographically distributed physician workforce in all specialties for the State of Mississippi with an evolving strategic plan; and
(e)
Providing an annual report to the Governor and the Legislature on the current status of the physician workforce and training programs in Mississippi.
Laws, 2012, ch. 472, § 1, eff. 4/24/2012.
Amended by Laws, 2024, ch. 361, HB 1129,§ 1, eff. 7/1/2024.
Amended by Laws, 2017, ch. 314, HB 422, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-5 - Powers and duties of Office of Mississippi Physician Workforce

The Office of Mississippi Physician Workforce shall have the following powers and duties, at a minimum:
(a)
Developing the administrative policy for the advisory board and the office ;
(b)
Developing and implementing strategies and activities for the office and for the implementation of an evolving strategic plan to provide for the physician workforce needs of Mississippi. In developing these strategies, the Office of Mississippi Physician Workforce and the advisory board shall seek the input of various organizations and entities including the Mississippi State Medical Association, the Mississippi Academy of Family Physicians, the Mississippi Chapters of the American College of Physicians, American Academy of Pediatrics, and American College of OB-GYN, the Mississippi Medical and Surgical Association, and the Mississippi Osteopathic Medicine Association;
(c)
Establishing a budget to support the activities of the office and periodically reviewing and if appropriate, revising, that budget to meet its mission; and
(d)
Reviewing the activities of the office and guiding the office in accomplishing the strategic goal of providing Mississippi's physician workforce needs.
Laws, 2012, ch. 472, § 3, eff. 4/24/2012.
Amended by Laws, 2024, ch. 361, HB 1129,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-7 - Policies and procedures for awarding state financial support for creation of family medicine residency programs

(1)
The advisory board shall recommend policies and procedures for the awarding of state funding that creates and/or provides sustaining support for the desired number of ACGME accredited Family Medicine residency programs and other valued and needed fellowships and ACGME residencies approved by the advisory board that will accept both M.D. and D.O. students or trainees.
(2)
Office of Mississippi Physician Workforce , with the input of the advisory board, shall have the authority to award financial support, from funds specifically appropriated for that purpose by the Legislature, of up to Three Million Dollars ($3,000,000.00) to any hospital or entity with demonstrated commitment and resources, as determined by office, with input from the advisory board, to establish and operate an ACGME accredited Family Medicine residency program or other GME programs or fellowships qualifying under subsection (1) of this section. The funds will be dispersed at the determination of office, with input from the advisory board, and may include start-up funding and/or provide sustaining support for residency programs.
(3)
Each applicant for state financial support for creation of an ACGME residency program or fellowship as authorized under this section must submit an application to the office that conforms to requirements established by this chapter and by the office, with input from the advisory board.
(4)
In selecting recipients for state financial support authorized under this section, following criteria and recommendations from the advisory board, the office may use its discretion to award funding based on demographic needs and the future success of the residency program.
(5)
An applicant for state financial support for creation of an ACGME accredited residency or fellowship program may receive funding only upon approval of office, with input from the advisory board.
Laws, 2012, ch. 472, § 4, eff. 4/24/2012.
Amended by Laws, 2024, ch. 361, HB 1129,§ 4, eff. 7/1/2024.
Amended by Laws, 2017, ch. 314, HB 422, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-9 - Adherence by recipient to policies and practices to continue receiving state financial support; authorized uses of financial support

(1)
Hospitals, other entities and/or residency programs must adhere to the policies and practices as stipulated by the Office of Mississippi Physician Workforce to continue receiving state financial support under this chapter.
(2)
Hospitals, other entities and/or residency programs may receive state financial support that may be provided by the office pursuant to this chapter. Any financial support awarded by the office must be used for only the creation or support of a residency or fellowship's operational expenses, or the recipient will be liable for repayment of any financial support received under this chapter.
Laws, 2012, ch. 472, § 5, eff. 4/24/2012.
Amended by Laws, 2024, ch. 361, HB 1129,§ 5, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-11 - Residency programs established with state financial support to accept students from accredited allopathic and osteopathic medical schools

Any residency program or fellowship established with state financial support must at a minimum be capable of accepting students or trainees from both allopathic and osteopathic medical schools that are accredited by the Liaison Committee on Medical Education (LCME) or the Commission on Osteopathic College Accreditation (COCA) of the American Osteopathic Association (AOA).
Laws, 2012, ch. 472, § 6, eff. 4/24/2012.
Amended by Laws, 2024, ch. 361, HB 1129,§ 6, eff. 7/1/2024.
Amended by Laws, 2017, ch. 314, HB 422, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 123 - OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE (§§ 41-123-1 — 41-123-13) › Section 41-123-13 - Funding for operation of Office of Mississippi Physician Workforce

Funding for the operation of the Office of Mississippi Physician Workforce and the Mississippi Physician Workforce Advisory Board, including the salary of the director of the office and all necessary staff, shall be paid from funds specifically appropriated for that purpose by the Legislature.
Laws, 2012, ch. 472, § 7, eff. 4/24/2012.
Brought forward by Laws, 2024, ch. 361, HB 1129,§ 7, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-1 - Legislative intent

It is the intent of the Legislature to develop, establish, and enforce licensure and basic standards for prescribed pediatric extended care centers in order to assure that the centers provide the necessary family-centered medical, developmental, physiological, nutritional, psychosocial and family training services.
Laws, 2012, ch. 524, § 1, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-3 - Definitions

As used in this chapter, the following terms shall be defined as provided in this section:
(a)
"Prescribed pediatric extended care center" or "PPEC center" means any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide basic nonresidential services to three (3) or more medically dependent or technologically dependent children who are not related to the owner or operator by blood, marriage or adoption and who require such services. Infants and children considered for admission to a PPEC center must have complex medical conditions that require continual care. Prerequisites for admission are a prescription from the child's attending physician and consent of a parent or guardian.
(b)
"Licensing agency" means the State Department of Health.
(c)
"Basic services" include, but are not limited to, development, implementation and monitoring of a comprehensive protocol of care, developed in conjunction with the parent or guardian, which specifies the medical, nursing, psychosocial and developmental therapies required by the medically dependent or technologically dependent child served as well as the caregiver training needs of the child's legal guardian.
(d)
"Owner or operator" means a licensee.
(e)
"Medical records" means medical records maintained in accordance with accepted professional standards and practices as specified in the rules implementing this chapter.
(f)
"Medically dependent or technologically dependent child" means a child who because of a medical condition requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.
(g)
"Supportive services or contracted services" include, but are not limited to, speech therapy, occupational therapy, physical therapy, social work, developmental, child life and psychological services.
Laws, 2012, ch. 524, § 2, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-5 - PPEC centers to be licensed; exemptions

(1)
The licensing agency shall license and regulate all PPEC centers in the state that are not exempt under subsection (2) of this section. A license issued by the department is required for the operation of a PPEC center in this state.
(2)
A facility, institution or other place operated by the federal government or any agency of the federal government is exempt from the provisions of this chapter.
Laws, 2012, ch. 524, § 3, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-7 - Separate licenses required; fee; exemption

(1)
Separate licenses are required for PPEC centers maintained on separate premises, even though they are operated under the same management. Separate licenses are not required for separate buildings on the same grounds.
(2)
An applicant or licensee shall pay a fee for each license application and annual license renewal under this chapter and applicable rules. The amount of the fee shall be Twenty Dollars ($20.00) for each licensed bed in the PPEC, with a minimum fee of Five Hundred Dollars ($500.00) and a maximum fee of Five Thousand Dollars ($5,000.00). Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section
41-3-65
.
(3)
County-operated or municipally operated PPEC centers applying for licensure under this chapter are exempt from the payment of license fees.
Laws, 2012, ch. 524, § 4, eff. 5/18/2012.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 27, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 27, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-9 - Application for license; zoning

In addition to any other information in the application that is required by the licensing agency, the application must contain the location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.
Laws, 2012, ch. 524, § 5, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-11 - Background screening

The licensing agency shall require criminal record background screening and fingerprinting for personnel by the Mississippi Department of Public Safety.
Laws, 2012, ch. 524, § 6, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-13 - Denial, suspension, revocation of licensure; administrative fines; grounds

(1)
The licensing agency may deny, revoke, and suspend a license and impose an administrative fine as provided in Section
41-125-15
for the violation of any provision of this chapter, or applicable rules.
(2)
Any of the following actions by a PPEC center or its employee is grounds for action by the licensing agency against a PPEC center or its employee:
(a)
An intentional or negligent act materially affecting the health or safety of children in the PPEC center.
(b)
A violation of the provisions of this chapter, or applicable rules.
(c)
Multiple and repeated violations of this chapter or of minimum standards or rules adopted under this chapter.
Laws, 2012, ch. 524, § 7, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-15 - Administrative fines; corrective action plans

(1)
(a)
If the licensing agency determines that a PPEC center is not in compliance with this chapter, or applicable rules, the licensing agency may request that the PPEC center submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to the approval of the licensing agency.
(b)
The licensing agency may fine a PPEC center or employee found in violation of this chapter, or applicable rules, in an amount not to exceed Five Hundred Dollars ($500.00) for each violation. Such fine may not exceed Five Thousand Dollars ($5,000.00) in the aggregate.
(c)
The failure to correct a violation by the date set by the licensing agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day that the failure continues, unless the licensing agency approves an extension to a specific date.
(2)
In determining if a fine is to be imposed and in fixing the amount of any fine, the licensing agency shall consider the following factors:
(a)
The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b)
Actions taken by the owner or operator to correct violations.
(c)
Any previous violations.
(d)
The financial benefit to the PPEC center of committing or continuing the violation.
Laws, 2012, ch. 524, § 8, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-17 - Closing of a PPEC center

Whenever a PPEC center voluntarily discontinues operation, it shall, at least thirty (30) days before the discontinuance of operation, inform each child's legal guardian of the fact and the proposed time of the discontinuance.
Laws, 2012, ch. 524, § 9, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23) › Section 41-125-19 - Rules establishing standards

(1)
To carry out the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the licensing agency shall adopt and publish rules to implement the provisions of this chapter, which shall include reasonable and fair standards. Any conflict between these standards and those that may be set forth in local, county or city ordinances shall be resolved in favor of those having statewide effect. Those standards shall relate to:
(a)
The assurance that PPEC services are family centered and provide individualized medical, developmental and family training services.
(b)
The maintenance of PPEC centers, based upon the size of the structure and number of children, relating to plumbing, heating, lighting, ventilation and other building conditions, including adequate space, which will ensure the health, safety, comfort and protection from fire of the children served.
(c)
The appropriate provisions of the most recent edition of the "Life Safety Code" shall be applied.
(d)
The number and qualifications of all personnel who have responsibility for the care of the children served.
(e)
All sanitary conditions within the PPEC center and its surroundings, including water supply, sewage disposal, food handling and general hygiene, and maintenance thereof, which will ensure the health and comfort of children served.
(f)
Programs and basic services promoting and maintaining the health and development of the children served and meeting the training needs of the children's parents or legal guardians.
(g)
Supportive, contracted, other operational and transportation services.
(h)
Maintenance of appropriate medical records, data and information relative to the children and programs. Those records shall be maintained in the facility for inspection by the agency.
(2)
The licensing agency shall adopt rules to ensure that:
(a)
No child attends a PPEC center for more than twelve (12) hours within a twenty-four-hour period.
(b)
No PPEC center provides services other than those provided to medically or technologically dependent children.
Laws, 2012, ch. 524, § 10, eff. 5/18/2012.