reglab/statecodes huggingface dataset:
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 41-125-21 - Construction and renovation; requirements

The requirements for the construction or renovation of a PPEC center shall comply with:
(a)
All state and local requirements pertaining to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility for the physically disabled;
(b)
The minimum standards for physical facilities in the Mississippi Child Care Standards; and
(c)
The standards or rules adopted under this chapter.
Laws, 2012, ch. 524, § 11, 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 41-125-23 - Penalty for violation

Any person who violates any provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00). Each day of continuing violation is a separate offense.
Laws, 2012, ch. 524, § 12, eff. 5/18/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 127 - TELEMEDICINE SERVICES (§ 41-127-1) › Section 41-127-1 - Licensed health care practitioners authorized to provide health care services via electronic means; standards of practice

Subject to the limitations of the license under which the individual is practicing, a health care practitioner licensed in this state may prescribe, dispense, or administer drugs or medical supplies, or otherwise provide treatment recommendations to a patient after having performed an appropriate examination of the patient either in person or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically. Treatment recommendations made via electronic means, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional provider-patient settings.
Added by Laws, 2013, ch. 478, SB 2209, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 129 - UMBILICAL CORD BLOOD BANKING PROGRAM ACT (§ 41-129-1) › Section 41-129-1 - Umbilical cord blood banking program established; duties of State Department of Health; funding

(1)
Short title.
This section shall be known and may be cited as "The Umbilical Cord Blood Banking Program Act."
(2)
(a)
Umbilical Cord Blood Banking Program; establishment; duties of the State Department of Health; funding.
The Umbilical Cord Blood Banking Awareness Program is established and the State Department of Health is authorized to promote public awareness of the potential benefits of cord blood banking.
(b)
The department shall:
(i)
Develop a public education and outreach campaign via written materials, brochures, the Internet, and public service announcements to promote cord blood banking awareness and the benefits of cord blood banking.
(ii)
Develop educational materials and brochures which shall be made available to health care practitioners, including obstetricians, gynecologists and pediatricians, health maintenance organizations, hospitals, walk-in medical centers, mobile care units, surgical centers, urgent care centers, and clinics and organizations serving pregnant women.
(iii)
Promote professional education programs for health care providers on the benefits of cord blood banking.
(iv)
Promulgate rules and regulations necessary to implement the provisions of this section in accordance with the Administrative Procedures Act.
(3)
The State Department of Health shall accept and expend any grants, awards or other funds as may be made available for the purposes of this section. Subject to an appropriation from the Legislature, the department shall implement the provisions of this section.
(4)
The State Department of Health is prohibited from using the Umbilical Cord Blood Banking Program for cloning or DNA research purposes.
(5)
Cord blood banks may prepare and provide brochures and other written materials for distribution to promote cord blood banking awareness and the benefits of cord blood banking, if the brochures and materials are first approved by the State Department of Health.
Added by Laws, 2014, ch. 452, SB 2591, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-1 - Definitions

For the purposes of this chapter:
(a)
"Aftercare" means any assistance provided by a designated lay caregiver to an individual under this chapter after the patient's discharge from a hospital. The assistance may include tasks that are limited to the patient's condition at the time of discharge that do not require a licensed professional.
(b)
"Discharge" means a patient's exit or release from a hospital to the patient's residence after any inpatient stay.
(c)
"Hospital" means a facility licensed under the provisions of Section
41-9-1
et seq.
(d)
"Lay caregiver" means any individual eighteen (18) years of age or older, including next-of-kin, duly designated as a lay caregiver under this chapter who provides aftercare assistance to a patient in the patient's residence.
(e)
"Residence" means a dwelling considered by a patient to be his or her home, not including any hospital, nursing home, rehabilitation facility, assisted living facility or group home licensed by the State Department of Health.
Added by Laws, 2015, ch. 434, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-3 - Opportunity to designate lay caregiver; timing; by whom

(1)
Upon inpatient admission to a hospital, each patient or patient's legal guardian shall have the opportunity to designate one (1) lay caregiver after the patient's admission into a hospital and before the patient's discharge to the residence.
(a)
If the patient is unconscious or otherwise incapacitated upon inpatient admission to the hospital, the patient's legal guardian shall have an opportunity to designate one (1) lay caregiver after the patient's recovery of consciousness or capacity, so long as the designation or lack of designation does not interfere with, delay or otherwise affect the medical care provided to the patient.
(b)
If the patient or the patient's legal guardian does not designate a lay caregiver under this chapter, the hospital shall document that in the patient's medical record.
(c)
If the patient or the patient's legal guardian designates a lay caregiver under this subsection (1), the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the designated lay caregiver in accordance with the hospital's established procedures for releasing personal health information and in compliance with applicable state and federal law.
(d)
If the patient or the patient's legal guardian does not consent to the release of medical information to the designated lay caregiver, the hospital is not required to provide notice to the lay caregiver under Section
41-133-5
.
(e)
If the patient or the patient's legal guardian designates a lay caregiver under this subsection (1), the hospital shall record the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number and physical address of the designated lay caregiver in the patient's medical record.
(2)
A patient or the patient's legal guardian may elect to change his or her designated lay caregiver if the lay caregiver becomes incapacitated.
(3)
Designation of a lay caregiver by a patient or a patient's legal guardian under this chapter does not obligate any individual to perform any aftercare tasks for the patient.
(4)
This section shall not be construed so as to require a patient or a patient's legal guardian to designate any individual as a lay caregiver.
Added by Laws, 2015, ch. 434, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-5 - Notification to designated lay caregiver of patient's discharge

If a patient or the patient's legal guardian has designated a lay caregiver under this chapter, a hospital shall notify the designated lay caregiver of the patient's discharge to the patient's residence or transfer to another licensed facility as soon as practicable. If the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.
Added by Laws, 2015, ch. 434, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-7 - Providing information about aftercare to patient and designated lay caregiver

If a patient or patient's legal guardian has designated a lay caregiver, a hospital employee shall provide an opportunity for the caregiver and patient to ask questions about the aftercare tasks and shall discuss the discharge plan with the caregiver in a competent manner and in accordance with the hospital's requirements under state and federal law.
Added by Laws, 2015, ch. 434, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-9 - Chapter not to interfere with rights under Uniform Health-Care Decisions Act

(1)
Nothing in this chapter shall be construed to interfere with the rights of a person legally authorized to make health care decisions under the Uniform Health-Care Decisions Act, Section
41-41-201
et seq.
(2)
Nothing in this chapter shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law.
Added by Laws, 2015, ch. 434, § 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 133 - LAY CAREGIVERS FOR HOSPITAL PATIENTS (§§ 41-133-1 — 41-133-11) › Section 41-133-11 - Use of state or federal funds for payment to lay caregiver prohibited

No state or federal funds shall be used for payment to any lay caregiver as defined in this chapter after discharge from a hospital, and no state or federal program funding shall be impacted by this chapter.
Added by Laws, 2015, ch. 434, § 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 135 - SUPPORT AND PROMOTION OF BREAST-FEEDING IN MISSISSIPPI (§§ 41-135-1 — 41-135-9) › Section 41-135-1 - Legislative findings and intent

(1)
The Legislature of the State of Mississippi acknowledges that extensive research demonstrates the wide-ranging and compelling benefits of breast-feeding for infants, mothers, families and communities, including:
(a)
Numerous health benefits to the child, such as lower incidences of SIDS, childhood obesity, asthma, allergies and diabetes as well as increased intelligence and parental attachment;
(b)
Numerous health benefits to the mother, such as decreased rates of breast cancer, ovarian cancer, postpartum hemorrhage, and reduced rates of obesity through increased postpartum weight loss; and
(c)
Significant economic and social benefits to the state, such as reduced health care costs, and reduced employee absenteeism for care attributable to child illness as well as direct saving to families, as the United States Surgeon General estimates that the average family can save between One Thousand Two Hundred Dollars ($1,200.00) and One Thousand Five Hundred Dollars ($1,500.00) during a baby's first year of life through breast-feeding.
(2)
The Legislature also recognizes, despite these numerous benefits, that Mississippi has one of the lowest breast-feeding rates in the country and acknowledges that mothers in Mississippi face many barriers to breast-feeding. One (1) of these barriers is education, which many studies and reports have found to be a significant obstacle that inhibits the practice of breast-feeding. Many mothers are ill-informed about the benefits of breast-feeding and their rights as a breast-feeding mother.
(3)
Therefore, the Legislature declares the intent of this chapter is to inform mothers about the benefits of breast-feeding and their rights as a breast-feeding mother in order to promote increased rates of breast-feeding in Mississippi.
Added by Laws, 2016, ch. 502, SB 2070, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 135 - SUPPORT AND PROMOTION OF BREAST-FEEDING IN MISSISSIPPI (§§ 41-135-1 — 41-135-9) › Section 41-135-3 - Definitions

As used in this chapter, the following words and phrases have the meanings as defined in this section:
(a)
"Prenatal" means the period between conception to birth.
(b)
"Perinatal" means the period from twenty-two (22) weeks of gestation to twenty-eight (28) days after birth.
(c)
"Public place" means a place of increased patient traffic within the maternal health care facility such as a lobby area or waiting room.
(d)
"Maternal health care facility" means any facility that provides prenatal or perinatal care, including, but not limited to, hospitals, clinics and other physician facilities.
(e)
"Maternal health care provider" means any physician, nurse or other authorized practitioner that attends to pregnant women and mothers of infants.
(f)
"Breast-Feeding in Mississippi: Guidelines" is the statement of rights required by Section
41-135-7
.
Added by Laws, 2016, ch. 502, SB 2070, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 135 - SUPPORT AND PROMOTION OF BREAST-FEEDING IN MISSISSIPPI (§§ 41-135-1 — 41-135-9) › Section 41-135-5 - Adoption of breast-feeding infant feeding policy by hospitals that provide birth services

(1)
Hospitals that provide birth services may adopt an infant feeding policy that promotes and supports breast-feeding. Any infant feeding policies adopted under this section shall include guidance on the use of formula (a) for medically necessary supplementation; (b) if preferred by the mother; or (c) when exclusive breast-feeding is not advised for the mother and/or infant.
(2)
Any breast-feeding infant feeding policy adopted under this section must be written down and all relevant hospital personnel, including, but not limited to, obstetric and neonatal staff, must be trained in the necessary skills to implement the adopted policy.
(3)
Hospitals may make a copy of their breast-feeding infant feeding policy available to the State Department of Health.
Added by Laws, 2016, ch. 502, SB 2070, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 135 - SUPPORT AND PROMOTION OF BREAST-FEEDING IN MISSISSIPPI (§§ 41-135-1 — 41-135-9) › Section 41-135-7 - Breast-Feeding in Mississippi: Guidelines

(1)
The State Department of Health shall prepare a statement of rights regarding "Breast-Feeding in Mississippi: Guidelines." Maternal health care facilities in the state should make every reasonable effort to post a copy of the statement of rights conspicuously in a public place of the maternal health care facility. The statement of rights shall be of an adequate size and font so as to be easily read by all visitors and/or patients within the room or space.
(2)
The State Department of Health shall make available to every maternal health care provider and maternal health care facility, via its website, a template copy of the statement of rights for use within their facilities. If they post a statement of rights, maternal health care providers and maternal health care facilities are free to choose whether to use the Department of Health template or develop their own copy as long as it comports to the visibility requirements in subsection (1) of this section.
(3)
The State Department of Health shall revise the "Breast-feeding in Mississippi: Guidelines" as needed to reflect advances in research regarding breast-feeding and to incorporate any additional rights of breast-feeding mothers as subsequently granted by the Mississippi Legislature, and hospitals may post the revised version of the "Breast-feeding in Mississippi: Guidelines" within three (3) months of its updated publishing.
(4)
The State Board of Health shall adopt any rules and regulations necessary to ensure the display of these rights.
Added by Laws, 2016, ch. 502, SB 2070, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 135 - SUPPORT AND PROMOTION OF BREAST-FEEDING IN MISSISSIPPI (§§ 41-135-1 — 41-135-9) › Section 41-135-9 - Preparation of video about importance of breast-feeding infants for presentation in certain Department of Health offices and other state agencies

The State Department of Health shall prepare a video in an appropriate medium for presentation in offices of the department in which the department provides benefits to women of child-bearing age, which shall provide information about the importance of breast-feeding infants. Applicants for and recipients of any such benefits provided by the department may view the video in the offices of the department. The department may provide the video to other state agencies that provide benefits to women of child-bearing age, for appropriate use by those agencies.
Added by Laws, 2016, ch. 502, SB 2070, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-1 - Title

This chapter shall be known and may be cited as the "Mississippi Medical Cannabis Act."
Added by Laws, 2022, ch. 303, SB 2095,§ 1, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-15 - Discrimination prohibited

(1)
A person shall not be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a cardholder.
(2)
No school, landlord or employer may be penalized or denied any benefit under state law for enrolling, leasing to or employing a cardholder.
(3)
A registered qualifying patient or registered designated caregiver shall not be denied the right to own, purchase or possess a firearm, firearm accessory or ammunition based solely on his or her status as a registered qualifying patient or registered designated caregiver. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, firearm accessory or ammunition or any related firearms license or certification based solely on his or her status as a registered qualifying patient or registered designated caregiver.
(4)
Facilities such as schools, child care facilities and temporary care providers shall be allowed to administer medical cannabis in the same manner as with medical prescriptions.
(5)
Nothing in this chapter shall be construed as to create a private right of action by an employee against an employer.
(6)
Nothing in this chapter shall be construed to affect the existing legal relationship between an employer and employee or any existing law or regulation relating to such relationship.
Added by Laws, 2022, ch. 303, SB 2095,§ 8, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-17 - Addition of debilitating medical conditions

(1)
Any resident of Mississippi may petition the MDOH to add serious medical conditions or their treatments to the list of debilitating medical conditions listed in Section
41-137-3
. The MDOH shall consider petitions in accordance with its rules and regulations, including public notices and hearings. The MDOH shall approve or deny a petition within sixty (60) days of its submission.
(2)
The approval or denial of any petition is a final decision of the MDOH. Any person aggrieved by a final decision may obtain judicial review thereof in accordance with Section
41-137-59
.
Added by Laws, 2022, ch. 303, SB 2095,§ 9, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-19 - Acts not required and acts not prohibited

(1)
Nothing in this chapter requires a government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of medical cannabis.
(2)
Nothing in this chapter prohibits an employer from disciplining an employee for ingesting medical cannabis in the workplace or for working while under the influence of medical cannabis.
(3)
Any person or establishment that is in lawful possession of property may allow a guest, client, customer or other visitor to use medical cannabis on or in that property as authorized under this chapter.
(4)
A landlord may, but shall not be required to, allow the lawful cultivation, processing, testing, research, sale or use of medical cannabis on rental property as authorized under this chapter.
Added by Laws, 2022, ch. 303, SB 2095,§ 10, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-21 - Facility restrictions

(1)
Any nursing facility, hospital, hospice, assisted living facility, personal care home, adult day care facility, or adult foster care facility may adopt reasonable restrictions on the use of medical cannabis by registered qualifying patients who are receiving health care services, residential care services, or day care services from the facility, including:
(a)
That the facility will not store or maintain the patient's supply of medical cannabis;
(b)
That the facility, caregivers, or hospice agencies serving the facility's residents are not responsible for providing the medical cannabis for registered qualifying patients; and
(c)
That medical cannabis be consumed only in a place specified by the facility.
(2)
Nothing in this section requires a facility listed in subsection (1) of this section to adopt restrictions on the medical use of medical cannabis.
(3)
A facility listed in subsection (1) of this section may not unreasonably limit a registered qualifying patient's access to or medical use of medical cannabis authorized under this chapter, unless failing to do so would cause the facility to lose a monetary or licensing-related benefit under federal law or regulations.
Added by Laws, 2022, ch. 303, SB 2095,§ 11, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-25 - Registry identification cards

(1)
Registry identification cards must contain all of the following:
(a)
The name of the cardholder;
(b)
A designation of whether the cardholder is a qualifying patient, a designated caregiver or a nonresident;
(c)
The date of issuance and expiration date of the registry identification card;
(d)
A random ten-digit alphanumeric identification number, containing at least four (4) numbers and at least four (4) letters, that is unique to the cardholder;
(e)
If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;
(f)
A photograph of the cardholder;
(g)
The toll-free phone number or internet address where the card can be verified;
(h)
A notice of the potential harm caused by medical cannabis; and
(i)
A notice of the MMCEU daily, monthly and possession limit.
(2)
The expiration date shall be visible on the registry identification card. Except as provided in subsection (3) or subsection (4) of this section, the expiration date for registry identification cards for residents shall be one (1) year after the date of issuance. The expiration date for registry identification cards for nonresidents shall be fifteen (15) days after the date of issuance, except as provided in subsection (4) of this section.
(3)
If the practitioner stated in the written certification that the qualifying patient would benefit from the medical use of medical cannabis until a specified earlier date, then the registry identification card shall expire on that date, except as provided in subsection (4) of this section.
(4)
(a)
The expiration date for registry identification cards for residents that are issued not later than one hundred fifty (150) days after February 2, 2022, shall be one (1) year after the initial one-hundred-fifty-day period.
(b)
If the practitioner specified an earlier date for the expiration of the registry identification card as provided under subsection (3) of this section, then the registry identification card shall be valid for the period specified by the practitioner, which shall begin after the initial one-hundred-fifty-day period.
(c)
The expiration date for registry identification cards for nonresidents that are issued not later than one hundred fifty (150) days after February 2, 2022 shall be fifteen (15) days after the initial one-hundred-fifty-day period.
Added by Laws, 2022, ch. 303, SB 2095,§ 13, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-27 - Annual reports

(1)
No later than December 31, 2022, and every December 31 thereafter, the MDOH and MDOR shall provide an annual report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Public Health and Welfare Committee, Chairman of the House of Representatives Public Health and Human Services Committee and the Chairmen of the Drug Policy Committees and Appropriation Committees of the Senate and House of Representatives.
(2)
The MDOH and MDOR shall report every year to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Public Health and Welfare Committee, Chairman of the House of Representatives Public Health and Human Services Committee and the Chairmen of the Drug Policy Committees and Appropriation Committees of the Senate and House of Representatives on the number of applications for registry identification cards received, the amount of fees, fines and taxes collected, any changes to the fees allowed to be charged under this chapter, any addition to the list of debilitating medical conditions, the number of qualifying patients and designated caregivers approved, the number of registry identification cards revoked and expenses incurred by the MDOH and MDOR. The MDOH shall not include identifying information on qualifying patients, designated caregivers or practitioners in the report.
(3)
The MDOR shall provide quarterly reports for all sales of medical cannabis sold by dispensaries to registered qualified patients to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Public Health and Welfare Committee, Chairman of the House of Representatives Public Health and Human Services Committee, and the Chairmen of the Drug Policy Committees and Appropriation Committees of the Senate and House of Representatives. The MDOR shall report every year on the number of each type of medical cannabis establishments that are licensed and registered and the expenses incurred and revenues generated from the medical cannabis program to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Public Health and Welfare Committee, Chairman of the House of Representatives Public Health and Human Services Committee, and the Chairmen of the Drug Policy Committees and Appropriation Committees of the Senate and House of Representatives.
Added by Laws, 2022, ch. 303, SB 2095,§ 14, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-29 - Verification system

(1)
The MDOH shall maintain a confidential list of the persons to whom the MDOH has issued registry identification cards and their addresses, phone numbers, and registry identification numbers. This confidential list shall not be combined or linked in any manner with any other lists or databases, nor shall it be used for any purpose not provided for in this chapter.
(2)
All records containing the identity of registered qualifying patients, registered designated caregivers or practitioners shall be confidential and exempt from disclosure under the Mississippi Public Records Act or any related statute, rule or regulation pertaining to public disclosure of records. Within one hundred twenty (120) days after February 2, 2022, the MDOH shall establish a secure phone and internet-based verification system. The verification system must allow law enforcement personnel and medical cannabis establishments to enter a registry identification number to determine whether the number corresponds with a current, valid registry identification card. The system may disclose only:
(a)
Whether the identification card is valid;
(b)
The name of the cardholder;
(c)
Whether the cardholder is a registered qualifying patient, a registered designated caregiver, or a nonresident; and
(d)
If a cardholder is a registered designated caregiver, the registry identification number of any affiliated registered qualifying patient.
Added by Laws, 2022, ch. 303, SB 2095,§ 15, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-31 - Notifications to department and responses

(1)
The following notifications and MDOH responses are required:
(a)
A registered qualifying patient shall notify the MDOH of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her diagnosed debilitating medical condition, within twenty (20) days of the change.
(b)
A registered designated caregiver shall notify the MDOH of any change in his or her name or address, or if the designated caregiver becomes aware that the registered qualifying patient passed away, within twenty (20) days of the change.
(c)
Before a registered qualifying patient changes his or her registered designated caregiver, the registered qualifying patient must notify the MDOH.
(d)
If a cardholder loses his or her registry identification card, he or she shall notify the MDOH within ten (10) days of becoming aware that the card has been lost.
(2)
Each notification that a registered qualifying patient is required to make shall instead be made by the patient's registered designated caregiver if the qualifying patient is unable to make the notification due to his or her age or medical condition.
(3)
When a cardholder notifies the MDOH of any of the circumstances listed in subsection (1) of this section but remains eligible under this chapter, the MDOH shall issue the cardholder a new registry identification card within ten (10) days of receiving the updated information and a Twenty-five Dollar ($25.00) fee. If the person notifying the MDOH is a registered qualifying patient, the MDOH shall also issue his or her registered designated caregiver, if any, a new registry identification card within ten (10) days of receiving the updated information.
(4)
If the registered qualifying patient's certifying practitioner notifies the patient and the MDOH in writing that either the registered qualifying patient has ceased to have a debilitating medical condition or that the practitioner no longer believes, in his or her professional opinion and within his or her scope of practice, that the patient would likely receive medical or palliative benefit from the medical use of medical cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition, the card shall become null and void.
(5)
A medical cannabis establishment shall notify the MDOH within one (1) business day of any theft or loss of medical cannabis.
(6)
A medical cannabis establishment shall notify its licensing agency within one (1) business day if there is a change of ownership or closure of the entity.
Added by Laws, 2022, ch. 303, SB 2095,§ 16, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-33 - Reporting requirement of dispensaries

Medical cannabis dispensaries shall report medical cannabis dispensing information every twenty-four (24) hours to the Prescription Monitoring Program provided for in Section
73-21-127
. Dispensaries shall submit information as required by the Prescription Monitoring Program, including, but not limited to, the qualified patient's registry identification card number and the amount of medical cannabis dispensed to the patient.
Added by Laws, 2022, ch. 303, SB 2095,§ 17, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-43 - Public registry

(1)
The MDOH and MDOR shall jointly create and maintain a public registry of medical cannabis establishments, which shall include, but shall not be limited to, the following information:
(a)
The name of the establishment;
(b)
The owner and, if applicable, the beneficial owner of the establishment;
(c)
The physical address, including municipality and zip code, of the establishment;
(d)
The mailing address, including municipality and zip code, of the establishment;
(e)
The county in which the establishment is domiciled;
(f)
The phone number of the establishment;
(g)
The electronic mail address of the establishment;
(h)
The license number of the establishment;
(i)
The issuance date of the establishment's license;
(j)
The expiration date of the establishment's license;
(k)
The NAICS code of the establishment;
(l)
Any changes to the license holder's status; and
(m)
Any other information determined necessary by the MDOH and MDOR.
(2)
The public registry shall not include personal information of an owner of a medical cannabis establishment.
(3)
The public registry shall be maintained electronically and shall be easily accessible to the public.
Added by Laws, 2022, ch. 303, SB 2095,§ 22, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-49 - Confidentiality

(1)
Data in license and registration applications and supporting data submitted by registered qualifying patients, registered designated caregivers, medical cannabis establishments and nonresident cardholders, including data on registered designated caregivers and practitioners, shall be considered private data on individuals that is confidential and exempt from disclosure under the Mississippi Public Records Act of 1983, Sections
25-61-1
through
25-61-17
.
(2)
Data kept or maintained by an agency shall not be used for any purpose not provided for in this chapter and shall not be combined or linked in any manner with any other list or database.
(3)
Data kept or maintained by an agency may be disclosed as necessary for:
(a)
The verification of registration certificates and registry identification cards under this chapter;
(b)
Submission of the annual report required by this chapter;
(c)
Notification of state or local law enforcement of apparent criminal violations of this chapter;
(d)
Notification of state and local law enforcement about falsified or fraudulent information submitted for purposes of obtaining or renewing a registry identification card; or
(e)
Notification of the State Board of Medical Licensure or other occupational or professional licensing board or entity if there is reason to believe that a practitioner provided a written certification in violation of this chapter, or if the MDOH has reason to believe the practitioner otherwise violated the standard of care for evaluating medical conditions.
(4)
Any information kept or maintained by medical cannabis establishments must identify cardholders by their registry identification numbers and must not contain names or other personally identifying information.
(5)
At a cardholder's request, the MDOH may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court.
(6)
Any agency hard drives or other data-recording media that are no longer in use and that contain cardholder information shall be destroyed.
(7)
The addresses of prospective and licensed medical cannabis establishments, except for medical cannabis dispensaries, shall be considered confidential and exempt from disclosure under the Mississippi Public Records Act of 1983, Sections
25-61-1
through
25-61-17
.
Amended by Laws, 2023, ch. 436, HB 1158,§ 7, eff. 3/27/2023.
Added by Laws, 2022, ch. 303, SB 2095,§ 25, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-51 - Business expenses, deductions

Notwithstanding any federal tax law to the contrary, in computing net income for medical cannabis establishments, there shall be allowed as a deduction from income taxes imposed under Section
27-7-5
, Mississippi Code of 1972, all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business as a medical cannabis establishment, including reasonable allowance for salaries or other compensation for personal services actually rendered.
Added by Laws, 2022, ch. 303, SB 2095,§ 26, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-53 - Banks to be held harmless

(1)
A bank may provide any services to any person or entity licensed in this state to engage in the business of medical cannabis, or with any person or entity engaging in business dealings with such licensee, if the bank provides those services to any other business.
(2)
A bank and its officers, directors, agents and employees shall not be held liable pursuant to any state law or regulation solely for:
(a)
Providing financial services to a licensed medical cannabis establishment; or
(b)
Investing any income derived from providing financial services to a licensed medical cannabis establishment.
(3)
Nothing in this section shall require a bank to provide financial services to a licensed medical cannabis establishment.
Added by Laws, 2022, ch. 303, SB 2095,§ 27, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-55 - Not applicable to CBD solution

This chapter does not apply to or supersede any of the provisions of Section
41-29-136
.
Added by Laws, 2022, ch. 303, SB 2095,§ 28, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-59 - Judicial review

(1)
Any person or entity aggrieved by a final decision or order of an agency under the provisions of this chapter may petition for judicial review of the final decision or order.
(2)
(a)
The petition shall be filed within twenty (20) days after the issuance of the agency's final decision or order. The petition shall be filed in the circuit court of the county in which the appellant resides. If the appellant is a nonresident of this state, the appeal shall be made to the Circuit Court of the First Judicial District of Hinds County, Mississippi.
(b)
The review by the circuit court shall be based on the record made before the agency. Before filing a petition under subsection (1) of this section, a petitioner shall obtain from the agency an estimate of the cost to prepare the entire record of the agency and shall pay to the agency the amount of the estimate. The circuit court shall dismiss with prejudice any petition filed where it is shown that the petitioner failed to pay prior to filing the petition the estimate cost for preparation of the record.
(c)
Any person or entity aggrieved by the decision of the circuit court may appeal to the Mississippi Supreme Court.
Amended by Laws, 2023, ch. 436, HB 1158,§ 8, eff. 3/27/2023.
Added by Laws, 2022, ch. 303, SB 2095,§ 31, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-61 - Fees and fines allocation

All fees and fines collected by the MDOR and MDOH according to the provisions of this chapter shall be deposited into the State General Fund.
Added by Laws, 2022, ch. 303, SB 2095,§ 32, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-65 - Negotiated limitation on liability of information technology contractors

In the negotiation and execution of all information technology contracts as necessary under the Mississippi Medical Cannabis Act, the executive director of the State Department of Health and the executive director of the Department of Revenue may negotiate a limitation on the liability of prospective contractors to the state, provided that such limitation affords the state reasonable protection.
Added by Laws, 2022, ch. 385, SB 2818,§ 9, eff. 3/30/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-67 - Denial or refusal of public utility service to business licensed under this chapter prohibited

A public utility as defined in Section
77-3-3(d)(iv)
shall not deny or refuse services to any business entity solely on the basis that the entity is a licensee under the Mississippi Medical Cannabis Act.
Added by Laws, 2022, ch. 509, SB 2822,§ 2, eff. 4/26/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 141 - REGULATE EXPERIMENTAL ADOLESCENT PROCEDURES (REAP) › Section 41-141-1 - Short title

This chapter shall be known and may be cited as the Regulate Experimental Adolescent Procedures (REAP) Act.
Added by Laws, 2023, ch. 303, HB 1125,§ 1, eff. 2/28/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 141 - REGULATE EXPERIMENTAL ADOLESCENT PROCEDURES (REAP) › Section 41-141-5 - Providing or aiding or abetting in the performance of gender transition procedures to persons under the age of eighteen prohibited

(1)
A person shall not knowingly provide gender transition procedures to any person under eighteen (18) years of age.
(2)
A person shall not knowingly engage in conduct that aids or abets the performance or inducement of gender transition procedures to any person under eighteen (18) years of age. This subsection may not be construed to impose liability on any speech protected by federal or state law.
Added by Laws, 2023, ch. 303, HB 1125,§ 3, eff. 2/28/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 141 - REGULATE EXPERIMENTAL ADOLESCENT PROCEDURES (REAP) › Section 41-141-7 - Prohibition on use of public funds or tax deduction for gender transition procedures

(1)
Public funds, resources, facilities, personnel or any other thing of value that is provided by the United States or the State of Mississippi shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender transition procedures to a person under eighteen (18) years of age in violation of this chapter.
(2)
Health care services furnished in the following situations shall not include gender transition procedures for a person under eighteen (18) years of age:
(a)
By or in a health care facility owned by the state or a county or local government; or
(b)
By a physician or other health care professional employed by the state or a county or local government.
(3)
Any amount paid by an individual or an entity during a taxable year for provision of gender transition procedures or as premiums for health care coverage that includes coverage for gender transition procedures is not deductible under the state income tax laws.
Added by Laws, 2023, ch. 303, HB 1125,§ 4, eff. 2/28/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 141 - REGULATE EXPERIMENTAL ADOLESCENT PROCEDURES (REAP) › Section 41-141-9 - Enforcement

(1)
Any violation of Section
41-141-5
by a physician or other health care professional shall be considered outside the applicable standard of care and is unprofessional conduct. A physician who violates Section
41-141-5
shall have his or her license to practice medicine in the State of Mississippi revoked pursuant to action taken by the Mississippi State Board of Medical Licensure. A nonphysician healthcare professional who violates Section
41-141-5
shall have his or her license to practice their healthcare profession in the State of Mississippi revoked pursuant to action taken by the applicable licensing entity.
(2)
A person may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief, or any other appropriate relief. Such claim may be brought against any facility, individual or entity causing or contributing to a violation of this chapter.
(3)
(a)
A person must bring a claim for a violation of this chapter no later than thirty (30) years after the day the cause of action accrues.
(b)
A person under eighteen (18) years of age may bring an action throughout their minority through a parent or next friend, and may bring an action in their own name upon reaching majority at any time from that point until thirty (30) years after reaching the age of majority.
(4)
Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(5)
In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall recover reasonable attorney's fees.
(6)
(a)
The Attorney General shall bring an action to enforce compliance with this chapter.
(b)
This chapter does not deny, impair, or otherwise affect any right or authority of the Attorney General, the State of Mississippi, or any agency, officer, or employee of the state, acting under any law other than this chapter, to institute or intervene in any proceeding.
Added by Laws, 2023, ch. 303, HB 1125,§ 5, eff. 2/28/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-001 - [Newly enacted section not yet numbered] [Short title]

This act shall be known and may be cited as the "Mississippi Prior Authorization Reform Act."
Added by Laws, 2024, ch. 302, SB 2140,§ 1, eff. 7/1/2024.