reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-41 - Refunding bonds authorized

The authority is authorized to issue its bonds for the purpose of refunding any bonds of the authority then outstanding. The total amount of such refunding bonds shall be an amount sufficient to effect the refunding, and may include an amount sufficient to pay (i) the principal amount of the refunded bonds, (ii) interest accrued or to accrue to the date of maturity or the date of redemption of the bonds to be refunded which need not necessarily be on the first available redemption date, (iii) any redemption premiums to be paid thereon, (iv) any reasonable expenses incurred in connection with such refunding, and (v) any other reasonable costs deemed necessary by the authority to effect the refunding. The proceeds of such refunding bonds may be applied in the manner determined by the authority and may be placed in escrow and invested, without regard to the limitations of any law to the contrary, but not inconsistent with the provisions of this chapter, in the manner and on the terms determined by the authority. All such refunding bonds shall be issued and secured and shall be subject to the provisions of this chapter in the same manner and to the same extent as any other bonds issued pursuant to this chapter.
Laws, 1983, ch. 493, § 21, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-43 - Trust indentures

The bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any bank having the power of a trust company or any trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, safekeeping and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and the revenue to the trustee under the trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.
Laws, 1983, ch. 493, § 22, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-45 - Contracts with bond holders; contents

Any bond resolution or related trust agreement, trust indenture, indenture of mortgage or deed of trust may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to:
(i)
pledging or assigning the revenues generated by the hospital equipment or hospital facilities, or pledging or assigning the notes and mortgage, lease or other security given by the participating hospital institutions with respect to which such bonds are to be issued, or other specified revenues or property of the authority;
(ii)
the rentals, fees, interest and other amounts to be charged by the authority, the schedule of principal payments and the sums to be raised in each year thereby, and the use, investment and disposition of such sums;
(iii)
setting aside any reserves or sinking funds, and the regulation, investment and disposition thereof;
(iv)
limitations on the use of the hospital equipment or hospital facilities;
(v)
limitations on the purpose to which or the investments in which the proceeds of sale of any issue or bonds then or thereafter to be issued may be applied;
(vi)
limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds;
(vii)
the refunding of outstanding bonds;
(viii)
the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given and restrictions on the individual rights of action by bondholders;
(ix)
acts or omissions which shall constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and
(x)
any other matters relating to the bonds which the authority deems desirable. In addition to the foregoing, bonds of the authority may be secured by and payable from a pooling of leases or of notes and mortgages or other security instruments whereby the authority may assign its rights, as lessor, and pledge rents under two (2) or more leases of hospital equipment or hospital facilities with two (2) or more participating hospital institutions, as lessees, or assign its rights as payee or secured party and pledge the revenues under two (2) or more notes and loan agreements from two (2) or more participating hospital institutions, upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued.
Laws, 1983, ch. 493, § 23; Laws, 1986, ch. 392, § 12, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-49 - Bonds to be general obligation bonds; additional security authorized

Except as may otherwise be expressly provided by the authority, every issue of its bonds shall be general obligations of the authority payable solely out of any revenue or money of the authority, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution or guarantee from the federal government or any corporation, association, institution or person or a pledge of any money, income or revenue of the authority from any source.
Laws, 1983, ch. 493, § 25, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-51 - Authority's bonds do not obligate state; neither faith and credit nor taxing power of state or subdivisions pledged

No bonds issued by the authority under this chapter shall constitute a debt, liability or general obligation of the state, or a pledge of the faith and credit of the state, but shall be payable solely as provided by Sections
41-73-43
and
41-73-45
. Each bond issued under this chapter shall contain on the face thereof a statement that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bond.
Laws, 1983, ch. 493, § 26, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-53 - Pledges

Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenue, money or properties so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
Laws, 1983, ch. 493, § 27, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-55 - Repurchase of bonds; cancellation

The authority, subject to such agreements with bondholders as may then exist, shall have the power to purchase bonds of the authority out of any funds available therefor, which shall thereupon be cancelled at any reasonable price which, if the bonds are then redeemable, shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date thereon.
Laws, 1983, ch. 493, § 28, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-57 - Bonds are negotiable instruments, subject to registration provisions of bonds

Whether or not the bonds are in the form and character of negotiable instruments, such bonds are hereby made negotiable instruments, subject only to provisions of the bonds relating to registration.
Laws, 1983, ch. 493, § 29, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-59 - Immunity from liability

Neither the members of the authority nor any other person executing the bonds issued under this chapter shall be subject to personal liability or accountability by reason of the issuance thereof.
Laws, 1983, ch. 493, § 30, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-61 - Funds and accounts

The authority may create and establish such funds and accounts as may be necessary or desirable for its purposes.
Laws, 1983, ch. 493, § 31, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-63 - Deposits; checks; security for deposits

All moneys of the authority, except as otherwise authorized or provided in this chapter, shall be deposited as soon as practical in a separate account or accounts in banks or trust companies organized under the laws of this state or in national banking associations. The money in such accounts shall be paid by checks signed by the executive director or other officers, employees or agents of the authority as the authority shall authorize. All deposits of money shall, if required by the authority, be secured in such a manner as the authority determines to be prudent, and all banks or trust companies are authorized to give security for the deposits.
Laws, 1983, ch. 493, § 32, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-65 - Payment of expenses of authority; state and political subdivisions to be held harmless

All expenses incurred by the authority in carrying out the provisions of this chapter shall be payable solely from funds provided under this chapter, and nothing in this chapter shall be construed to authorize the authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision.
Laws, 1983, ch. 493, § 33, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-67 - Property of authority as public property; tax exemption; assets to go to state upon dissolution of authority

All property acquired or held by the authority under this act is declared to be public property used for public and governmental purposes, and all property, income therefrom and bonds issued under this act, interest payable thereon and income derived therefrom, shall at all times be exempt from all taxes imposed by the state, any county, any municipality or any other political subdivision of the state. Upon dissolution of the authority, all assets thereof, after payment of all its indebtedness, shall inure to the benefit of the state.
Laws, 1983, ch. 493, § 34; Laws, 1986, ch. 392, § 14, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-69 - Bonds of authority as legal investments and as security for public deposits

The state and all public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, trustees and other fiduciaries and the Mississippi Public Employees' Retirement System may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued by the authority, and such bonds shall be authorized security for all public deposits; it being the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds, and that any such bonds shall be authorized security for all public deposits. However, nothing contained in this chapter with regard to legal investments shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.
Laws, 1983, ch. 493, § 35, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-71 - Annual report of authority

The authority shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and both houses of the Legislature and, within thirty (30) days of the receipt thereof by the authority, a copy of the report of every external examination of the books and accounts of the authority. Each member of the Legislature shall receive a copy of any such reports by making a request for it to the chairman of the authority.
Laws, 1983, ch. 493, § 36; Laws, 2009, ch. 546, § 13, eff. 4/15/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-73 - State officers and agencies to cooperate with authority

All state officers and all state agencies may render such services to the authority within their respective functions as may be requested by the authority.
Laws, 1983, ch. 493, § 37, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-75 - Chapter cumulative and supplemental as to powers of authority; bonds exempt from other laws governing issuance of bonds

Neither Sections
41-73-1
through
41-73-73
nor anything contained in Sections
41-73-1
through
41-73-73
is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any other law of the state, and Sections
41-73-1
through
41-73-73
are cumulative to such powers. Sections
41-73-1
through
41-73-73
do and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. The issuance of bonds under the provisions of Sections
41-73-1
through
41-73-73
need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes and other obligations. Any issuance of bonds hereunder may be validated in the manner set forth in Sections
31-13-1
et seq. No proceedings, notice or approval shall be required for the issuance of any bonds or any instrument or the security therefor, except as provided in Sections
41-73-1
through
41-73-73
.
Laws, 1983, ch. 493, § 38; Laws, 1993, ch. 349, § 3, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-3 - Purpose of chapter

The purpose of this chapter is to protect and promote the public welfare by providing for the development, establishment and enforcement of certain standards in the maintenance and operation of ambulatory surgical facilities and abortion facilities and freestanding emergency rooms and post-acute residential brain injury rehabilitation facilities, which will ensure safe, sanitary, and reasonably adequate care of individuals in such facilities.
Laws, 1983, ch. 433, § 2; Laws, 1991, ch. 301, § 2, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Amended by Laws, 2017, ch. 327, HB 478, 2, eff. 7/1/2017.
Amended by Laws, 2016, ch. 309, SB 2297, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-5 - License required

No person as defined in Section
41-7-173
, acting severally or jointly with any other person, shall establish, conduct, operate or maintain an ambulatory surgical facility or an abortion facility or a freestanding emergency room or a post-acute residential brain injury rehabilitation facility in this state without a license under this chapter.
Laws, 1983, ch. 433, § 3; Laws, 1991, ch. 301, § 3, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Amended by Laws, 2021, ch. 474, SB 2799,§ 3, eff. 7/1/2021.
Amended by Laws, 2017, ch. 327, HB 478, 3, eff. 7/1/2017.
Amended by Laws, 2016, ch. 309, SB 2297, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-7 - Application for license; fee

An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1983, ch. 433, § 4; Laws, 1986, ch. 500, § 26; Laws, 1998, ch. 433, § 4, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 22, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 22, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-9 - Issuance of license; renewal and fee; transferability; posting

Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section
41-7-173
et seq. where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section
41-3-65
. Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
Laws, 1983, ch. 433 § 5; Laws, 1986, ch. 500, § 27; Laws, 1998, ch. 433, § 5, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 23, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 23, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-11 - Denial, suspension or revocation of license; grounds; procedure

The licensing agency after notice and opportunity for a hearing to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision to the chancery court in the county in which such facility is located in the manner prescribed in Section
43-11-23
, Mississippi Code of 1972. The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed pursuant to Section
43-11-23
, Mississippi Code of 1972. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Laws, 1983, ch. 433, § 6, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-13 - Promulgation of rules, regulations and standards

(1)
The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to ambulatory surgical facilities and abortion facilities, freestanding emergency rooms and post-acute residential brain injury rehabilitation facilities licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving services from such facilities. The licensing agency also shall adopt, amend, promulgate and enforce rules, regulations and standards with respect to the enforcement of the informed consent requirements of Sections
41-41-31
through
41-41-39
at abortion facilities. Such rules, regulations and standards for freestanding emergency rooms shall include a patient transfer policy under which the freestanding emergency room enters into an agreement with a general hospital for a protocol for patient transfers. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section
25-43-1
et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules and Regulations for Operation of Ambulatory Surgical Facilities and Abortion Facilities, Freestanding Emergency Room Facilities and Post-Acute Residential Brain Injury Rehabilitation Facilities." The book shall be open and available to all ambulatory surgical facilities and abortion facilities, freestanding emergency rooms and post-acute residential brain injury rehabilitation facilities and the public during regular business hours.
(2)
The licensing agency shall not issue licenses for more than five (5) pilot freestanding emergency rooms. The licensing agency shall adopt criteria for determining which applicants will have priority for receiving a license if there are more than five (5) applications for pilot freestanding emergency room licenses.
Laws, 1983, ch. 433, § 7; Laws, 1986, ch. 437, § 25; Laws, 1991, ch. 301, § 4; Laws, 1996, ch. 442, § 4, eff. 7/1/1996.
Amended by Laws, 2022, ch. 436, SB 2735,§ 2, eff. 7/1/2022.
Amended by Laws, 2017, ch. 327, HB 478, 4, eff. 7/1/2017.
Amended by Laws, 2016, ch. 309, SB 2297, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-15 - Conformity with rules, regulations or standards promulgated subsequent to start of operations

Any ambulatory surgical facility which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, under the particular circumstances not to exceed one (1) year from the date such are duly adopted, within which to comply with such rules and regulations and minimum standards.
Laws, 1983, ch. 433, § 8, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-16 - Time limitation for abortion facility to comply with rules, regulations, or minimum standards

Any abortion facility which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, under the particular circumstances not to exceed six (6) months from the date such are duly adopted, within which to comply with such rules and regulations and minimum standards.
Laws, 1991, ch. 301, § 5, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-17 - Investigations and inspections

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.
Laws, 1983, ch. 433, § 9, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-18 - Reports by abortion facility

Each abortion facility shall report monthly to the State Department of Health such information as may be required by the department in its rules and regulations for each abortion performed by such facility.
Laws, 1991, ch. 301, § 6, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-19 - Confidentiality of certain information

Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure.
Laws, 1983, ch. 433, § 10, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-21 - Annual reports

The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter. Copies of such publications shall be available in the office of the licensing agency and in the office of the Secretary of State, in compliance with Sections
25-43-7
and
25-43-11
, Mississippi Code of 1972. A reasonable number of such publication(s) shall be available in the office of the licensing agency to be furnished to persons requesting, for a nominal fee.
Laws, 1983, ch. 433, § 11; Laws, 1986, ch. 437, § 26, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-23 - Appeal from denial, suspension or revocation of license; procedure

Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing, may within thirty (30) days after the mailing or serving of notice of the decision as provided in Section
43-11-11
, Mississippi Code of 1972, file a notice of appeal to the chancery court of the First Judicial District of Hinds County or in the chancery court of the county in which the institution is located or proposed to be located. Such appeal shall state briefly the nature of the proceedings before the licensing agency and shall specify the order complained of. Any person or entity whose rights may be materially affected by the action of the licensing agency may appear and become a party, or the court may, upon motion, order that any such person or entity be joined as a necessary party. Upon filing of the appeal, the clerk of the chancery court shall serve notice on the licensing agency, whereupon the licensing agency shall, within sixty (60) days or such additional time as the court may allow from the service of such notice, certify with the court a copy of the record and decision, including the transcript of the hearings on which the decision is based. No new or additional evidence shall be introduced in court; the case shall be determined upon the record certified to the court. The court may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the licensing agency for such further proceedings, not inconsistent with the court's order, as, in the opinion of the court, justice may require. The order may not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the licensing agency is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the licensing agency or violates any vested constitutional rights of any party involved in the appeal. Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs in other cases in chancery shall apply equally to cases hereunder. Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.
Laws, 1983, ch. 433, § 12; Laws, 1986, ch. 437, § 27, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-25 - Penalty for violation of chapter

Any person or persons or other entity or entities establishing, managing or operating an ambulatory surgical facility or conducting the business of an ambulatory surgical facility without the required license, or which otherwise violate any of the provisions of this chapter of the "Mississippi Health Care Commission Law of 1979," as amended, or the rules, regulations or standards promulgated in furtherance of any law in which the commission has authority therefor shall be subject to the penalties and sanctions of Section
41-7-209
, Mississippi Code of 1972.
Laws, 1983, ch. 433, § 13, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-26 - Abortion facility operating without license; penalty; injunctions

(1)
Any person or persons or other entity or entities establishing, managing or operating an abortion facility or conducting the business of an abortion facility without the required license, or which otherwise violate any provision of this chapter regarding abortion facilities or the rules, regulations and standards promulgated in furtherance thereof shall be subject to revocation of the license of the abortion facility or nonlicensure of the abortion facility. In addition, any violation of any provision of this chapter regarding abortion facilities or of the rules, regulations and standards promulgated in furtherance thereof by intent, fraud, deceit, unlawful design, willful and/or deliberate misrepresentation, or by careless, negligent or incautious disregard for such statutes or rules, regulations and standards, either by persons acting individually or in concert with others, shall constitute a misdemeanor and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each such offense. Each day of continuing violation shall be considered a separate offense. The venue for prosecution of any such violation shall be in any county of the state wherein any such violation, or portion thereof, occurred.
(2)
The Attorney General, upon certification by the executive director of the licensing agency, shall seek injunctive relief in a court of proper jurisdiction to prevent violations of the provisions of this chapter regarding abortion facilities or the rules, regulations and standards promulgated in furtherance thereof in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of any such violation.
Laws, 1991, ch. 301, § 7, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 75 - AMBULATORY SURGICAL FACILITIES (§§ 41-75-1 — 41-75-29) › Section 41-75-29 - Transporting patient of abortion facility to hospital; ambulance services

(1)
If unforeseen complications arise prior to or during an abortion facility procedure, the patient shall be transferred to the nearest hospital.
(2)
Each abortion facility shall make arrangements with a local ambulance service, duly licensed by the State of Mississippi, for the transport of emergency patients to a hospital and provide documentation to the department of proof of such arrangements.
Laws, 1991, ch. 301, § 8, eff. 7/1/1990 (Governor's veto overridden by Legislature on 1/17/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-3 - Declaration of purpose

The purpose of this chapter is to protect and promote the public welfare by providing for the development, establishment and enforcement of certain standards in the maintenance and operation of "birthing centers" which will ensure safe, sanitary and reasonably adequate care of individuals in such institutions.
Laws, 1985, ch. 503, § 2, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-5 - Requirement of license

No person as defined in Section
41-7-173(p)
, Mississippi Code of 1972, acting severally or jointly with any other person, shall establish, conduct or maintain a "birthing center" in this state without a license under this chapter.
Laws, 1985, ch. 503, § 3, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-7 - Requirement of agreement with hospital

No license shall be issued to a "birthing center" until such "birthing center" shall have obtained a written agreement with a hospital which has an organized obstetrical service and provides such service on a continuing basis, stating that said hospital agrees to accept from the "birthing center" such cases as may need to be referred for whatever reason from the "birthing center".
Laws, 1985, ch. 503, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-9 - Application for license; fee

An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee of One Thousand Dollars ($1,000.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1985, ch. 503, § 5; Laws, 1986, ch. 500, § 28; Laws, 1998, ch. 433, § 6, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 24, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 24, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-11 - Rules, regulations, and standards

The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to "birthing centers," licensed or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section
25-43-1
et seq., Mississippi Code of 1972, and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the City of Jackson, Mississippi, entitled "Record of Rules, Regulations and Standards." The book shall be open and available to all "birthing centers" and the public during regular business hours.
Laws, 1985, ch. 503, § 6, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-13 - Disclosure of information

Information received by the licensing agency through filed reports, inspection or as otherwise authorized under this chapter shall not be disclosed publicly in such manner as to identify individuals except in a proceeding involving the questions of licensure.
Laws, 1985, ch. 503, § 7, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-15 - Time for compliance by centers already in operation

Any "birthing center" which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, under the particular circumstances not to exceed one (1) year from the date such are duly adopted, with which to comply with such rules and regulations and minimum standards.
Laws, 1985, ch. 503, § 8, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-17 - Inspections and investigations

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.
Laws, 1985, ch. 503, § 9, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-19 - Denial, suspension, or revocation of license; procedures

The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter. Such notice shall be effected by registered mail or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty-day period, appeals the decision in the manner prescribed in Section
43-11-23
, Mississippi Code of 1972. The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. Testimony shall be recorded but not be transcribed unless the decision is appealed in accordance with said Section
43-11-23
. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency, provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Laws, 1985, ch. 503, § 10, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-21 - Appeal procedures

Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing may, within thirty (30) days after the mailing or serving of notice of the decision as provided in Section
43-11-11
, Mississippi Code of 1972, file a notice of appeal to the Chancery Court of the First Judicial District of Hinds County or in the chancery court of the county in which the institution is located or proposed to be located. If such notice of appeal is filed, it shall comply with Section
41-7-201(2), (3) and (4)
, Mississippi Code of 1972. Thereupon, the licensing agency shall, within the time and in the manner prescribed in Section
41-7-201(2)
, certify and file with the court a copy of the record and decision, including the transcript of the hearings in which the decision is based. No new or additional evidence shall be introduced in court; the case shall be determined upon the record certified to the court. The court may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the licensing agency for such further proceedings, not inconsistent with the court's order, as, in the opinion of the court, justice may require. The order may not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the licensing agency is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the licensing agency, or violates any vested constitutional rights of any party involved in the appeal. Pending final disposition of the matter, the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs in other cases in chancery shall apply equally to cases hereunder. Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.
Laws, 1985, ch. 503, § 11, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-23 - Penalties for violations

Any person or persons or other entity or entities establishing, managing or operating a "birthing center" or conducting the business of a "birthing center" without the required license, or which otherwise violate any of the provisions of this chapter or the Mississippi Health Care Commission Law of 1979, as amended, or the rules, regulations or standards promulgated in furtherance of any law in which the commission has authority therefor, shall be subject to the penalties and sanctions of Section
41-7-209
, Mississippi Code of 1972.
Laws, 1985, ch. 503, § 12, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 77 - LICENSING OF BIRTHING CENTERS (§§ 41-77-1 — 41-77-25) › Section 41-77-25 - Issuance, renewal, and posting of licenses

Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section
41-7-173
et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Hundred Dollars ($300.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section
41-3-65
. Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
Laws, 1985, ch. 503, § 13; Laws, 1986, ch. 500, § 29, eff. 7/1/1986.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 25, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 25, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.