Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 3 - STATE BOARD OF HEALTH; LOCAL HEALTH BOARDS AND OFFICERS (§§ 41-3-1 — 41-3-NEW) › IN GENERAL (§§ 41-3-1 — 41-3-65) › Section 41-3-1.1 - [Repealed Effective 7/1/2029] Reconstitution of State Board of Health; qualifications, appointment, and terms of members; statement of economic interest; recusal from participation in certain matters

(1)
The State Board of Health shall consist of eleven (11) members appointed by the Governor for a term of six (6) years, with the advice and consent of the Senate, as follows:
(a)
Five (5) members of the board shall be currently licensed physicians of good professional standing who have had at least seven (7) years' experience in the practice of medicine in this state.
(b)
Six (6) members of the board shall be individuals who have a background in public health or an interest in public health who are not currently or formerly licensed physicians.
(c)
The Governor shall give due regard to geographic distribution, race and gender in making their appointments to the board. It is the intent of the Legislature that the membership of the board reflect the population of the State of Mississippi. The terms of three (3) of the eleven (11) members of the board expired on June 30, 2023, and their successors have been named and await Senate confirmation. The terms of four (4) members will expire on June 30, 2025, and the terms of the other four (4) members will expire on June 30, 2027. For all appointments made from and after June 1, 2024, the Governor shall ensure that the board will always have two (2) members from each of the state's congressional districts, as they exist at the time of the appointment. In submitting the appointments for confirmation, the Governor shall include a statement that he or she has ascertained the current domicile of each of the board members, and that the appointments comply with the geographical requirements of this section. No member shall be required to resign from the board because he or she changed his or her domicile.
(2)
Vacancies in office shall be filled by the Governor, subject to the advice and consent of the Senate at the next regular session of the Legislature. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term and thereafter until his or her successor is duly appointed.
(3)
The Lieutenant Governor may designate one (1) Senator and the Speaker of the House of Representatives may designate one (1) Representative to attend any meeting of the State Board of Health. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend the meetings of the board. Those legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, the legislators shall receive per diem and expenses, which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.
(4)
(a)
All members of the State Board of Health shall file with the Mississippi Ethics Commission, before the first day of May each year, the statement of economic interest as required by Sections
25-4-25
through
25-4-29
.
(b)
No member of the board shall participate in any action by the board or department if that action could have any monetary effect on any business with which that member is associated, as defined in Section
25-4-103
.
(c)
When any matter in which a member may not participate comes before the board or department, that member must fully recuse himself or herself from the entire matter. The member shall avoid debating, discussing or taking action on the subject matter during official meetings or deliberations by leaving the meeting room before the matter comes before the board and by returning only after the discussion, vote or other action is completed. The member shall not discuss the matter with other members, department staff or any other person. Any minutes or other record of the meeting shall accurately reflect the recusal. If a member is uncertain whether recusal is required, the member shall follow the determination of the Mississippi Ethics Commission. The commission may delegate that determination to its executive director.
(d)
Upon a determination by the board or by any court of competent jurisdiction that a member of the board has violated the provisions of this subsection (4) regarding recusal, the member shall be removed from office. Any member of the board who violates the provisions of this section regarding recusal also shall be subject to the penalties set forth in Sections
25-4-109
through
25-4-117
. After removal from office, the member shall not be eligible for appointment to any agency, board or commission of the state for a period of two (2) years. Nothing in this section shall be construed to limit the restrictions codified in Section
25-4-105
.
Laws, 2007, ch. 514, § 2; reenacted without change, Laws, 2010, ch. 505, § 1, eff. 5/1/2010. .
Reenacted and amended by Laws, 2024, ch. 486, HB 764,§ 1, eff. 5/8/2024.
Reenacted by Laws, 2021, ch. 399, HB 160,§ 1, eff. 3/25/2021.
Reenacted by Laws, 2017, ch. 374, SB 2289, 1, eff. 7/1/2017.
Reenacted by Laws, 2014, ch. 352, SB 2015, 1, eff. 7/1/2014.