reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-11 - Transferring of patients; written notification of transfer to committing court

The medical director of the Mississippi State Hospital or the East Mississippi State Hospital may, subject to the regulations of the board of trustees of mental institutions, transfer alcoholics or drug addicts from one institution used for the commitment of alcoholics and drug addicts to another institution, or from one department in any institution to another as is deemed necessary for their care and treatment. The medical director must provide the committing court with written notification of the transfer, including the name of the facility or program to which the alcoholic or addict is transferred.
Codes, 1942, § 436-06; Laws, 1950, ch. 349, § 6.
Amended by Laws, 2019, ch. 468, SB 2328,§ 15, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-13 - Probation and discharge

Any person committed to the custody of the Mississippi State Hospital or the East Mississippi Hospital may, notwithstanding the terms of any order of commitment, be permitted by the medical director or his authorized agent, to go at large on probation and without custody or restraint for such time and under such conditions as such medical director shall judge best. All persons committed to the custody of the Mississippi State Hospital or the East Mississippi State Hospital may be discharged by the director pursuant to its regulations, notwithstanding the terms of any order of commitment.
Codes, 1942, § 436-07; Laws, 1950, ch. 349, § 7.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-15 - Costs of commitment and support

The provisions of the law with respect to the costs of commitment and the cost of support, including the prohibition in Section
41-21-65
regarding the charging of extra fees and expenses to persons initiating commitment proceedings, methods of determination of persons liable therefor, and methods of determination of financial ability, and all provisions of law enabling the state to secure reimbursement of any such items of cost, applicable to the commitment to and support of the mentally ill persons in state hospitals, shall apply with equal force in respect to each item of expense incurred by the state in connection with the commitment, care, custody, treatment, and rehabilitation of any person committed to the state hospitals and maintained in any institution or hospital operated by the State of Mississippi under the provisions of this chapter.
Codes, 1942, § 436-08; Laws, 1950, ch. 349, § 8; Laws, 2010, ch. 398, § 7, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-17 - Rights as citizens; confidentiality of records

No person who is committed to the Mississippi State Hospital or the East Mississippi State Hospital for treatment under the provisions of this chapter shall forfeit or be abridged thereby of any of his or her rights as a citizen of the United States or of the State of Mississippi. The records pertaining to any person committed to the Mississippi State Hospital or the East Mississippi State Hospital for treatment, care, guidance and rehabilitation shall be confidential, and the contents thereof shall not be divulged except on an order of a court of competent jurisdiction or a signed waiver by the person committed. However, information in regard to cancer about any such patients who might have cancer shall be provided to the state board of health as the official tumor registry agency, which information shall be used to provide statistical reports only. The agency shall not divulge any patient's name in regard to any case history nor statistical compilation.
Codes, 1942, § 436-09; Laws, 1950, ch. 349, § 9; Laws, 1968, ch. 441, § 5, eff. 7/17/1968.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-18 - Continuing jurisdiction of court over person committed to inpatient or outpatient treatment for one year after treatment completed; recommitment

The court shall have continuing jurisdiction over a person committed to an inpatient or outpatient treatment program under this chapter for one (1) year after completion of the treatment program. During that time and upon affidavit in the same cause of action, the court may conduct a hearing consistent with this chapter or Title 41, Chapter 21, Mississippi Code of 1972, to determine whether the person needs to be recommitted for further alcohol and drug treatment or to determine whether the person suffers from a mental or nervous condition or affliction requiring commitment for mental health treatment. Upon a finding by the court that the person is in need of further treatment, the court may commit the person to an appropriate treatment facility. The person subject to commitment must be afforded the due process entitled to him or her under Title 41, Chapters 21 and 31, Mississippi Code of 1972. This section may not be construed so as to conflict with the provisions of Section
41-21-87
.
Added by Laws, 2019, ch. 468, SB 2328,§ 16, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-19 - Commitment proceedings for persons with mental illness committed under this chapter

The medical director of the hospital may bring commitment proceedings under the provisions of the proper statute in the county wherein the person involved is restrained for commitment to such institution as shall be proper, if said person is found to be suffering from a mental or nervous condition or affliction requiring his adjudication and commitment under said statute.
Codes, 1492, § 436-10; Laws, 1950, ch. 349, § 10.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-21 - Refusal of admittance to certain persons

If in the opinion of the medical director of the Mississippi State Hospital or the East Mississippi State Hospital, any person willfully and consistently fails to be rehabilitated after three commitments to any state institution, said medical director may refuse further admission to such person notwithstanding the order of any court, unless such person on the fourth or any succeeding commitment be committed by an order of the chancery court as provided by this chapter, and before entering said institution on a fourth or any succeeding commitment, such person, or someone for such person committed, shall pay to said institution the sum of Fifty Dollars ($50.00) per month in advance for the care, custody, support and maintenance of such person in said institution.
Such person, or someone for such person, failing or refusing to make the payment herein provided, before admission on a fourth or succeeding commitment, or any time during said commitment, shall be cause for the medical director of such institution to refuse admission of such person committed under this chapter, or to dismiss such person committed under this chapter after commitment.
The monthly payment herein provided shall be a condition precedent to admission of a person on a fourth or subsequent commitment, and shall be made each month thereafter in advance on or before the last day of the preceding month for which payment is due.
There shall be no refunds of the monthly payment herein provided on account of such person committed hereunder having failed to remain a full month at such institution.
Codes, 1492, § 436-11; Laws, 1950, ch. 349, § 11; Laws, 1954, ch. 231.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 31 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS FOR TREATMENT (§§ 41-31-1 — 41-31-23) › Section 41-31-23 - Providing alcoholic beverages to persons in custody of institution

Any person who shall give, sell, deliver, or otherwise provide any alcoholic beverages or drug, regardless of the quantity thereof, to any person who is confined in an institution or hospital for care and treatment under this chapter for alcoholism or drug addiction shall be guilty of a misdemeanor, and shall, upon conviction, 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 not more than six (6) months, or by both such fine and imprisonment in the discretion of the court. However, the staff of such institution or hospital may administer alcohol or drugs in the course of treatment in strict accordance with the prescriptions of a physician of such institution.
Codes, 1942, § 436-12; Laws, 1950, ch. 349, § 12.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-1 - Scope of chapter; involuntary commitment upon judgment of chancery court

The provisions of this chapter shall be supplemental to the provision of Title 41, Chapters 30 and 31, Mississippi Code of 1972. A person may be involuntarily committed for alcoholism or drug addiction, or both, to a private treatment facility, upon a judgment of the chancery court of the county of such person's residence, or in the county where such person may be found.
Laws, 1983, ch. 456, § 1, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-3 - Filing Uniform Alcohol and Drug Commitment Affidavit for judgment of committal

Any interested person may file a Uniform Alcohol and Drug Commitment Affidavit with the chancery court for a judgment of committal in termtime or in vacation. The affidavit shall state facts to establish:
(a)
the defendant is an alcoholic or drug addict, i.e., he is powerless over alcohol or drugs, or both, and his life has thereby become unmanageable;
(b)
defendant's mental and physical health, his continued family life or his position in the community are dependent on his treatment at a chemical dependency unit, alcohol and drug unit, outpatient house or another private treatment facility, or combination of facilities, providing treatment for chemically dependent persons;
(c)
the defendant has refused to commit himself to such private treatment facility, though having been requested so to do by persons who genuinely care for his well-being;
(d)
the affiant has selected a particular private treatment facility which, if located in this state, has been approved by the Department of Mental Health, Division of Alcohol and Drug Abuse;
(e)
the affiant has made adequate financial arrangements for defendant's treatment at such facility; and
(f)
such facility has approved the admission of the defendant, subject to commitment by the chancery court.
Laws, 1983, ch. 456, § 2, eff. 7/1/1983.
Amended by Laws, 2019, ch. 468, SB 2328,§ 17, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-5 - Hearing; presence of attorney; order for commitment; period of confinement

(1)
The chancellor shall schedule with the affiant a time on a day certain for the hearing thereof, not less than five (5) days nor more than twenty (20) days from the filing of the affidavit. The case shall be triable upon three (3) days' service of process and service of notice of the time for the hearing. At the time fixed, the chancellor shall hear the evidence in the presence of the defendant if he will appear, and without the presence of the defendant if he will not appear, and all persons interested shall have the right to appear and present evidence touching upon the truth and correctness of the allegations of the affidavit.
(2)
The clerk must ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk immediately must notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor must appoint an attorney for the respondent before a hearing on the affidavit.
(3)
If the defendant admits the truth and correctness of the allegations of the affidavit, or if the chancellor shall find from the evidence that the defendant is an alcoholic or drug addict, or both, and is in need of detention, care and treatment in a private treatment facility, and that the other material allegations of the affidavit are true, then the chancellor shall enter a judgment so finding, and shall order that such person be committed to and confined in a chemical dependency unit, alcohol and drug unit, outpatient house or any other private treatment facility, within or outside the state, for the treatment of chemically dependent persons, as the chancellor, in his discretion, deems to be in the best interest of the defendant. Any such order for the commitment of the defendant shall require that the defendant be committed for such period of time as the chancellor shall determine, in his discretion, as is necessary to provide for the care and treatment of the defendant or for such other period of time as may be established by authorized personnel at the designated facility or facilities; however, in no event shall such period of confinement extend beyond a period of eight (8) months. The chancellor may require treatment at a combination of facilities or may designate commitment at an inpatient facility for not more than two (2) months and an outpatient facility for not more than six (6) months, subject to institutional earlier release.
Laws, 1983, ch. 456, § 3, eff. 7/1/1983.
Amended by Laws, 2019, ch. 468, SB 2328,§ 18, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-7 - Earlier hearing for defendant who could flee jurisdiction or cause physical harm; interim commitment

Upon allegation in the affidavit and upon clear and convincing proof that the defendant is under the influence of alcohol or drugs, or both, to the extent that if the defendant is served with process he will, in all likelihood, flee the jurisdiction of the court or physically harm himself or others, then the chancellor may, in his discretion, set the matter for hearing not more than five (5) days, excluding Saturdays, Sundays and legal holidays, from the filing of the affidavit, and order the defendant committed and confined, without notice, until the hearing, to a chemical dependency unit, alcohol and drug unit, outpatient house or any other private facility for the treatment of chemically dependent persons.
Laws, 1983, ch. 456, § 4, eff. 7/1/1983.
Amended by Laws, 2019, ch. 468, SB 2328,§ 19, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-9 - Appeal of commitment decision

Any person who shall be ordered to be committed to a private treatment facility as provided in this chapter, and who shall feel aggrieved at such decision, may appeal therefrom to the supreme court of this state by giving notice thereof in the manner provided by law and by furnishing a good and sufficient bond in an amount to be fixed by the chancellor, and to be approved by the clerk of said court, such bond to be conditioned to pay all costs of the proceedings and the appeal, and that said person will appear to abide the decision of the court on such appeal. On such appeal, the record shall be made and prepared as in other cases, and all of the provisions of the general law shall apply thereto except that it shall be necessary that the proper notice be given and the requisite bond furnished within five (5) days from the date of the final determination of the chancellor.
Laws, 1983, ch. 456, § 5, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 32 - COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS TO PRIVATE TREATMENT FACILITIES (§§ 41-32-1 — 41-32-11) › Section 41-32-11 - Assistance of county sheriff in confining and transporting defendant

The chancellor may order assistance by the sheriff of the county, or any other county in confining and transporting the defendant to the facility, at the expense of the committing county.
Laws, 1983, ch. 456, § 6, eff. 7/1/1983.
Amended by Laws, 2019, ch. 468, SB 2328,§ 20, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-1 - "Active tuberculosis" defined

For the purposes of Sections
41-33-1
through
41-33-15
, the words "active tuberculosis" shall be construed to mean that tuberculosis is present in a communicable or infectious stage as established by chest x-ray, laboratory examination of sputum or other fluids, or tissues from the patient, or other methods approved by the executive officer of the state board of health.
Codes, 1942, § 7076-01; Laws, 1956, ch. 304, § 1; Laws, 1983, ch. 522, § 18, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-3 - Compulsory commitment of active tuberculosis cases to hospital

Any person who has been diagnosed as having active tuberculosis and who fails or refuses to carry out minimum precautions outlined to him in writing by the county health officer for the prevention of spread of the disease to another may be committed under duress to any hospital under contract with the state department of health providing services to the tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis so long as his disease is active or until such time as it is believed by the county health officer that he will carry out suitable precautions at home to prevent spread of the disease. Any contractual agreement between the Mississippi Department of Corrections and the state department of health shall be voluntary, discretionary and mutually agreed upon by the contracting parties.
Codes, 1942, § 7076-02; Laws, 1956, ch. 304, § 2; Laws, 1983, ch. 522, § 19; Laws, 1984, ch. 435, § 1, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-5 - Request for approval of court action for commitment

When the county health officer in any county deems that it is necessary for the protection of the public health for any person who has active tuberculosis to be committed for treatment under duress and desires to proceed with commitment, he shall present in writing to the executive officer of the state board of health a request for his approval of court action to require care. Such request shall include an outline of the facts which show the necessity of commitment.
Codes, 1942, § 7076-03; Laws, 1956, ch. 304, § 3; Laws, 1983, ch. 522, § 20, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-7 - Affidavit and hearing in chancery court

Upon approval by the executive officer of the Mississippi State Board of Health, the county health officer may make affidavit and file it with the clerk of the chancery court of any county in which such person might then be found. Such affidavit shall request that such person be adjudged to be suffering from active tuberculosis and that such person be committed to and confined in any hospital under contract with the state board of health providing services to tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis.
Whenever such affidavit shall be filed with the chancery clerk, the said clerk, or the chancellor of said court, shall issue a citation ordering said person alleged to be suffering from such active tuberculosis to appear and show cause why he should not be committed to and confined in a hospital for treatment of tuberculosis in Mississippi or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis. At the same time that the sheriff serves the citation he shall deliver to such person a copy of the county health officer's request of approval of contemplated action and a copy of the approval of such action by the executive officer of the Mississippi State Board of Health.
The hearing shall be conducted in open court and the person alleged to be suffering from active tuberculosis shall have the privilege of counsel of his own selection. Said hearing shall be held on a day not less than five (5) days from the date of such service of citation. Provided, however, the chancellor may order the hearing at an earlier day when, in his discretion, he deems such to be in the interest of the public health.
Codes, 1942, § 7076-04; Laws, 1956, ch. 304, § 4; Laws, 1976, ch. 324; Laws, 1983, ch. 522, § 21; Laws, 1984, ch. 435, § 2, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-9 - Order of commitment to hospital

If at the hearing the court shall find that the person is suffering from active tuberculosis and that his commitment is in the best interest of the public's health, an order adjudging such fact shall be entered and the clerk shall issue a writ directed to the sheriff to deliver such person to the hospital or facility of the Mississippi Department of Corrections under contract ordered by the court, and such sheriff shall execute such writ and deliver such person accordingly.
The order of the court shall further provide that such person shall submit to such reasonable rules and regulations as may be found necessary for his treatment and the protection of other persons. The chancery court shall have continuing jurisdiction of such person until it is determined by the county health officer that he or she no longer threatens the public health, and if such person violates any of the provisions of the order of the court he shall be in contempt.
Codes, 1942, §§ 7076-05, 7076-08; Laws, 1956, ch. 304, §§ 5, 8; Laws, 1983, ch. 522, § 22; Laws, 1984, ch. 435, § 3, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-11 - Discharge from hospital

With the approval of the county health officer, the attending physician may discharge such person to home care under supervision of the county health officer in the county in which the patient expects to reside.
Codes, 1942, § 7076-06; Laws, 1956, ch. 304, § 6; Laws, 1983, ch. 522, § 23, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-13 - Cost of hospital care

Individuals committed under Section
41-33-9
shall be subject to the usual financial arrangement as to cost of care as is generally observed by that institution's management.
Codes, 1942, § 7076-07; Laws, 1956, ch. 304, § 7; Laws, 1983, ch. 522, § 24, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-15 - Submission to medical examination

When any county health officer has reasonable grounds to believe that any person has active tuberculosis, he shall formally request such person to submit to a medical examination.
In order to protect the health, safety, and welfare of the public, it shall be a misdemeanor for any person to refuse to submit to a medical examination when the county health officer has reasonable grounds to believe that such person has active tuberculosis, and upon conviction, such person shall be fined not more than Fifty Dollars ($50.00) or imprisoned not longer than thirty (30) days, or both.
Codes, 1942, § 7076-08; Laws, 1956, ch. 304, § 8.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 33 - TUBERCULOSIS AND RESPIRATORY DISEASES; TUBERCULOSIS SANATORIUM (§§ 41-33-1 — 41-33-17) › Section 41-33-17 - through 41-33-39 - [Repealed]

Repealed by Laws, 1983, ch. 522, § 50, eff. 7/1/1983.
§ 41-33-17. [Codes, Hemingway's 1917, § 7915; 1930, § 4529; 1942, § 6870; Laws, 1916, ch. 109; Laws, 1971, ch. 312, § 1] § 41-33-19. [Codes, Hemingway's 1917, § 7916; 1930, § 4530; 1942, § 6871; Laws, 1916, ch. 109] § 41-33-21. [Codes, Hemingway's 1917, § 7917; 1930, § 4531; 1942, § 6872; Laws, 1916, ch. 109; Laws, 1924, ch. 302; Laws, 1934, ch. 381; Laws, 1966, ch. 451, § 1; Laws, 1971, ch. 312, § 2] § 41-33-23. [Codes, Hemingway's 1917, § 7921; 1930, § 4536; 1942, § 6877; Laws, 1916, ch. 109] § 41-33-25. [Codes, 1930, § 4532; 1942, § 6873; Laws, 1924, ch. 304] § 41-33-27. [Codes, 1930, § 4537; 1942, § 6878; Laws, 1924, ch. 308; Laws, 1928, Ex. Sess. ch. 67; Laws, 1964, ch. 427; Laws, 1971, ch. 312, § 3] § 41-33-29. [Codes, Hemingway's 1917, § 7918; 1930, § 4533; 1942, § 6874; Laws, 1916, ch. 109; Laws, 1918, ch. 176] § 41-33-31. [Codes, Hemingway's 1917, § 7919; 1930, § 4534; 1942, § 6875; Laws, 1916, ch. 109] § 41-33-33. [Codes, 1942, § 6880-01; Laws, 1946, ch. 252, §§ 1-5] § 41-33-35. [Codes, 1930, §§ 4538, 4539; 1942, §§ 6879, 6880; Laws, 1922, ch. 277] § 41-33-37. [Codes, 1942, § 6880-11; Laws, 1956, ch. 306] § 41-33-39. [Codes, Hemingway's 1917, §§ 4882-4884, 7920; 1930, §§ 4535, 4918-4920; 1942, §§ 6876, 7074-7076; Laws, 1910, ch. 130; Laws, 1916, ch. 109]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 34 - HEALTH CARE PRACTICE REQUIREMENTS PERTAINING TO TRANSMISSION OF HEPATITIS B AND HIV (§§ 41-34-1 — 41-34-7) › Section 41-34-1 - Definitions applicable to Sections 41-34-1 through 41-34-7

For the purposes of Sections
41-34-1
through
41-34-7
the following terms shall have the following meanings:
(a)
"Health-care provider" shall mean a person licensed by this state to provide health care or professional services as a physician, podiatrist, registered nurse, licensed practical nurse, nurse practitioner, dentist, chiropractor or optometrist.
(b)
"Board" means the State Board of Medical Licensure, State Board of Dental Examiners, the Mississippi Board of Nursing, the State Board of Chiropractic Examiners or the State Board of Optometry.
Laws, 1992, ch. 381, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 34 - HEALTH CARE PRACTICE REQUIREMENTS PERTAINING TO TRANSMISSION OF HEPATITIS B AND HIV (§§ 41-34-1 — 41-34-7) › Section 41-34-3 - Licensing boards to establish practice requirements to protect public from transmission of Hepatitis B and HIV from health-care providers

Each board licensing health-care providers may establish by rule and regulation practice requirements based, in part, on applicable guidelines from the Federal Centers for Disease Control which will protect the public from the transmission of the Hepatitis B Virus and Human Immunodeficiency Virus in the practice of a profession regulated by the appropriate board.
Laws, 1992, ch. 381, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 34 - HEALTH CARE PRACTICE REQUIREMENTS PERTAINING TO TRANSMISSION OF HEPATITIS B AND HIV (§§ 41-34-1 — 41-34-7) › Section 41-34-5 - Licensing boards to establish procedure for licensees and applicants for license to report status as carrier of Hepatitis B and HIV

The boards may establish by rule and regulation requirements and procedures for a licensee and a licensure applicant to report his/her status as a carrier of the Hepatitis B Virus and Human Immunodeficiency Virus to the board and shall enforce such requirements and procedures.
Laws, 1992, ch. 381, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 34 - HEALTH CARE PRACTICE REQUIREMENTS PERTAINING TO TRANSMISSION OF HEPATITIS B AND HIV (§§ 41-34-1 — 41-34-7) › Section 41-34-7 - Confidentiality of reports of Hepatitis B or HIV carrier status

Each report of Hepatitis B Virus carrier status or Human Immunodeficiency Virus carrier status filed in compliance with this section and each record maintained and meetings held by the boards in the course of monitoring a licensee for compliance with the practice requirements established by this section, are confidential and exempt from the provisions of the Mississippi Public Records Law, Sections
25-61-1
, et seq.
Laws, 1992, ch. 381, § 4, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-1 - "Inflammation of the eyes of new born" defined

Any inflammation, swelling or redness in either or both eyes of any infant, either apart from or together with any unnatural discharge from the eye or eyes of any such infant, independent of the nature of the infection, if any occurring, any time within two (2) weeks after birth of such infant, shall be known as "inflammation of the eyes of the new born."
Codes, Hemingway's 1917, § 4875; 1930, § 4911; 1942, § 7067; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-3 - Duty to make report as to any inflammation of the eyes of new born

It shall be the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative or other person attendant on or assisting in any way whatsoever, any infant, or the mother of any infant, at childbirth, or at any time within two (2) weeks after childbirth, knowing the condition defined in Section
41-35-1
to exist, within six (6) hours thereafter, to report such fact, as the state board of health shall direct, to the local health officer of the city, town, village, or whatever other political division there may be, within which the infant or the mother of the infant may reside.
Codes, Hemingway's 1917, § 4876; 1930, § 4912; 1942, § 7068; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-5 - Duties of the local health officer

It shall be the duty of the local health officer:
(1)
to investigate or to have investigated each case of inflammation of the eyes of the new born as filed with him, in pursuance of the law, and any other such case as may come to his attention;
(2)
to report all cases of inflammation of the eyes of the new born and the result of all such investigations as the state board of health shall direct;
(3)
to conform to such other rules and regulations as the state board of health shall promulgate for his further guidance.
Codes, Hemingway's 1917, § 4877; 1930, § 4913; 1942, § 7069; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-7 - Duties of the State Board of Health

It shall be the duty of the State Board of Health:
(1)
To enforce the provisions of this chapter;
(2)
to promulgate such rules and regulations as shall, under this chapter, be necessary for the purpose under this chapter, and such as the State Board of Health may deem necessary for the further and proper guidance of local health officers, etc.;
(3)
to provide for the gratuitous distribution of a scientific prophylactic for inflammation of the eyes of the new born, together with proper directions for the use and administration thereof, to all physicians and midwives as may be engaged in the practice of obstetrics or assisting at childbirth;
(4)
to provide, if necessary, daily inspection and prompt and gratuitous treatment to any infant whose eyes are infected with inflammation of the eyes; the State Board of Health, if necessary, shall defray the expenses of such treatment from such sums as may be appropriated for its use;
(5)
to publish and promulgate such further advice and information concerning the dangers of inflammation of the eyes of the new born and the necessity for prompt and effective treatment;
(6)
to furnish copies of this chapter to all physicians and midwives as may be engaged in the practice of obstetrics or assisting at childbirth;
(7)
to keep a proper record of any and all such cases of inflammation of the eyes of the new born, as shall be filed in the office of the state board of health, in pursuance with this chapter, and as may come to its attention in any way, and to constitute such record a part of the annual report to the governor and legislature;
(8)
to report any and all violations of this chapter as may come to its attention, to the local police, county prosecutor, or district attorney in the county wherein such violation may have been committed, and to assist such official in every way possible, such as securing necessary evidence, etc.
Codes, Hemingway's 1917, § 4878; 1930, § 4914; 1942, § 7070; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-9 - Duty of those in attendance at childbirth to use prophylactic in eyes of new born

It shall be the duty of the physicians, midwives, or other persons in attendance upon a case of childbirth in a maternity home, hospital, public or charitable institution, in every infant immediately after birth, to use some prophylactic against inflammation of the eyes of the new born and to make record of the prophylactic used. It shall be the duty of such institution to maintain such records of cases of inflammation of the eyes of the new born as the state board of health shall direct.
It shall be the duty of a midwife in every case of childbirth under her care, immediately after birth, to use such prophylactic against inflammation of the eyes of the new born as the state board of health requires.
Codes, Hemingway's 1917, §§ 4879, 4880; 1930, §§ 4915, 4916; 1942, §§ 7071, 7072; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 35 - EYE INFLAMMATION OF YOUNG (§§ 41-35-1 — 41-35-11) › Section 41-35-11 - Violation of chapter constitutes a misdemeanor

The failure of any person to comply with any of the provisions of this chapter shall constitute a misdemeanor. The offender shall, on conviction thereof, be fined for the first offense not to exceed Fifty Dollars $(50.00), for the second offense, not to exceed One Hundred Dollars ($100.00), and for the third offense and thereafter, not to exceed Two Hundred Dollars ($200.00) for each violation. It shall be the duty of the local police, county prosecutor, or the district attorney to prosecute for all misdemeanors as herein prescribed.
Codes, Hemingway's 1917, § 4881; 1930, § 4917; 1942, § 7073; Laws, 1916, ch. 115.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 36 - DETERMINATION OF DEATH (§§ 41-36-1 — 41-36-3) › Section 41-36-1 - Short title

This chapter may be cited as the Uniform Determination of Death Law.
Laws, 1981, ch. 410, § 1, eff. 3/24/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 36 - DETERMINATION OF DEATH (§§ 41-36-1 — 41-36-3) › Section 41-36-3 - Determination of death

An individual who has sustained either (a) irreversible cessation of circulatory and respiratory functions or (b) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
Laws, 1981, ch. 410, § 2, eff. 3/24/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-1 - "Autopsy" defined

The term "autopsy" as used in this chapter shall be construed to mean the scientific examination of the body of a deceased person, or any portion thereof, by acceptable scientific methods and the removal and retention of parts of the body to accomplish such an examination.
The term "autopsy" as used in this chapter shall not be construed to mean the scientific dissection of the whole body as practiced in medical schools in the instruction of anatomy to medical students.
Codes, 1942, § 7158-01; Laws, 1960, ch. 258, §§ 1, 2, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-3 - Purposes for which autopsy may be performed

An autopsy may be performed, as provided by this chapter, for the purpose of determining the primary and/or contributing cause of death in the interest of public health and in criminal cases.
Codes, 1942, § 7158-02; Laws, 1960, ch. 258, § 3, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-5 - Who may perform autopsy

Only a physician duly licensed by the Mississippi State Board of Health may perform an autopsy.
Codes, 1942, § 7158-03; Laws, 1960, ch. 258, § 4, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-7 - Liability of physician performing autopsy

A duly licensed physician authorized to perform an autopsy as provided in this chapter, and who, in good faith, complies with the provisions of this chapter in the performance of an autopsy, shall not be liable for damages on account thereof.
Codes, 1942, § 7158-12; Laws, 1960, ch. 258, § 13, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-9 - Autopsy under court order; procedure

A circuit judge, chancellor or county judge of the county or district where a person died or where the body of such deceased person may be or where the mortal stroke or other cause of death occurred, may, in his discretion, either in term time or in vacation, order an autopsy to be performed upon the body of such deceased person (1) upon the petition of a county prosecuting attorney of the county where the person died, or where the body of such deceased person may be at the time or where the mortal stroke or other cause of death occurred, or (2) upon petition of the district attorney of the district where the person died, or where the body of such deceased person may be at the time or where the mortal stroke or other cause of death occurred. In the event that said petition is filed by the county prosecuting attorney or district attorney, it shall contain allegations that the petitioner believes, has reason to believe, or suspects that such deceased person came to his death by some criminal means or agency, or that the cause of justice would be promoted by having an autopsy performed upon the body of such deceased person. Said petition shall be sworn to and shall be filed in the court of the judge or chancellor who makes the order, and shall be docketed by the clerk as are other cases or suits. If the body of such deceased person has already been interred, the petition shall so state, and if an autopsy is ordered, the order shall order the disinterment of such body for such autopsy and shall order any lawful officer of the county where said body may be buried to employ suitable help to disinter said body and to keep it in a suitable place until said autopsy shall have been performed. If there has been no interment of the body of such deceased person, a copy of the order ordering an autopsy upon said deceased shall be served by the sheriff of the county, or any other person authorized to serve process, upon any person who may be found in charge of any funeral home where said body may be, and such funeral home shall hold said body for autopsy. If the body of such deceased person be not found in any funeral home the sheriff of the county where it may be found shall take said body and keep it in a suitable place until said autopsy shall have been performed. If an autopsy is ordered as provided in this section, the petitioner shall immediately secure the services of a qualified person to perform such autopsy.
Codes, 1942, § 7158-04; Laws, 1960, ch. 258, § 5, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-11 - Use of chemical analysis in criminal investigations

The physician performing the autopsy in criminal investigations may obtain the services of a chemist competent to make a chemical analysis, or such services may be ordered by such judge or chancellor in term time or in vacation. The records of such chemical analysis shall be made a part of the autopsy report.
Codes, 1942, § 7158-10; Laws, 1960, ch. 258, § 11, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-13 - Autopsy report

In all cases where an autopsy is performed as provided in Section
41-37-9
, the person making said autopsy shall file a report, in duplicate, of said autopsy with the circuit clerk of the county where the death is being investigated. Such circuit clerk shall keep and preserve said report and make it available to the district attorney, county prosecuting attorney, grand jury, coroner, and to the accused.
Codes, 1942, § 7158-05; Laws, 1960, ch. 258, § 6, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-15 - Fees of physician and chemist

The physician performing the autopsy shall be paid a fee not exceeding the sum of Two Hundred Dollars ($200.00), which sum shall be paid out of the treasury of the county in the interest of which the autopsy was ordered, upon the allowance and warrant of the board of supervisors of such county. If the physician performing the autopsy is a qualified pathologist, such fee may be increased to Four Hundred Dollars ($400.00).
A chemist whose services are used pursuant to Section
41-37-11
may be paid a fee not to exceed Sixty Dollars ($60.00) for such chemical analysis. The fee of said chemist for such analysis shall be paid in like manner as that of the autopsy physician.
Codes, 1942, §§ 7158-06, 7158-10; Laws, 1960, ch. 258, §§ 7, 11; Laws, 1970, ch. 412, § 2; Laws, 1983, ch. 509; Laws, 1985, ch. 416, eff. 10/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-17 - Payment of disinterment expenses

In cases where the disinterment of a body is ordered, the sheriff shall be reimbursed for all expenses incurred by him, which sum shall be paid out of the treasury of the county where the deceased came to his death, upon the allowance and warrant of the board of supervisors of such county. Said board of supervisors shall order payment of the same on the itemized claim of such sheriff.
Codes, 1942, § 7158-07; Laws, 1960, ch. 258, § 8, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-19 - Admissibility of evidence obtained through autopsy in civil case

No evidence obtained through any autopsy performed under the provisions of Section
41-37-9
shall be admitted over the objection of any party in the trial of any civil cause before a court or commission of this state.
Codes, 1942, § 7158-04; Laws, 1960, ch. 258, § 5, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-21 - Physician or chemist may be subpoenaed in criminal case

The physician performing the autopsy or the chemist performing such analysis in criminal investigations may be subpoenaed as a witness in any such criminal case. If subpoenaed as a prosecution witness, he shall be paid a fee of Fifty Dollars ($50.00) per day as an expert witness for each day while in attendance at the trial, and in addition thereto he shall be paid Seven Cents (7¢) per mile for travel from his home to the location of the trial and return. The fees herein provided for shall be paid to prosecution witnesses as otherwise provided for by law for the payment of such witness fees. If subpoenaed as a witness by the defense, such physician or chemist may collect a fee from the defendant not to exceed that prescribed hereunder for prosecution witnesses.
Codes, 1942, § 7158-11; Laws, 1960, ch. 258, § 12, eff. 5/11/1960.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 37 - AUTOPSIES (§§ 41-37-1 — 41-37-25) › Section 41-37-23 - Autopsy may be ordered on petition of certain health officials

The executive officer of the Mississippi State Board of Health or a county health officer may petition in like manner as is provided in Section
41-37-9
a circuit judge, chancellor, or county judge in any county in which a person dies or where the body of such deceased person may be, and such circuit judge, chancellor, or county judge may order an autopsy to be performed upon the body of such deceased person in the interest of public health and welfare in cases where the cause of death is not known and cannot be determined with reasonable certainty without an autopsy and when it would appear to such judge or chancellor by such petition and evidence in support thereof that death may have been due to communicable disease or contagious disease or to poison, foreign substance, radiation or for any other reason exact knowledge as to which would be of benefit to the public health and welfare. In such cases the same fees as specified in criminal investigations to the autopsy physician and chemist shall be allowed by the board of supervisors out of the general fund of the county in which such petition is filed, except that no fee shall be allowed and paid to any physician or chemist who is a regular salaried employee of the state or county. A copy of the report of the autopsy physician and chemist in such cases shall be filed with the clerk of the court in which such order was entered, with the county health officer of such county and with the executive officer of the state board of health.
Codes, 1942, § 7158-09; Laws, 1960, ch. 258, § 10, eff. 5/11/1960.