State Health Officer; require certain orders issued by to be approved by the Governor.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1188

AN ACT TO AMEND SECTIONS 41-3-15 AND 41-23-5, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE THAT ANY ORDERS ISSUED BY THE STATE 2
HEALTH OFFICER TO DIRECT AND CONTROL SANITARY AND QUARANTINE 3
MEASURES FOR DEALING WITH ALL DISEASES WITHIN THE STATE POSSIBLE 4
TO SUPPRESS SAME AND PREVENT THEIR SPREAD MUST BE APPROVED BY THE 5
GOVERNOR BEFORE THEY ARE RELEASED TO THE PUBLIC; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 41-3-15, Mississippi Code of 1972, is 9
amended as follows: 10
41-3-15. (1) (a) There shall be a State Department of 11
Health. 12
(b) The State Board of Health shall have the following 13
powers and duties: 14
(i) To formulate the policy of the State 15
Department of Health regarding public health matters within the 16
jurisdiction of the department; 17
(ii) To adopt, modify, repeal and promulgate, 18
after due notice and hearing, and enforce rules and regulations 19
implementing or effectuating the powers and duties of the 20
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department under any and all statutes within the department's 21
jurisdiction, and as the board may deem necessary; 22
(iii) To apply for, receive, accept and expend any 23
federal or state funds or contributions, gifts, trusts, devises, 24
bequests, grants, endowments or funds from any other source or 25
transfers of property of any kind; 26
(iv) To enter into, and to authorize the executive 27
officer to execute contracts, grants and cooperative agreements 28
with any federal or state agency or subdivision thereof, or any 29
public or private institution located inside or outside the State 30
of Mississippi, or any person, corporation or association in 31
connection with carrying out the provisions of this chapter, if it 32
finds those actions to be in the public interest and the contracts 33
or agreements do not have a financial cost that exceeds the 34
amounts appropriated for those purposes by the Legislature; 35
(v) To appoint, upon recommendation of the 36
Executive Officer of the State Department of Health, a Director of 37
Internal Audit who shall be either a Certified Public Accountant 38
or Certified Internal Auditor, and whose employment shall be 39
continued at the discretion of the board, and who shall report 40
directly to the board, or its designee; and 41
(vi) To discharge such other duties, 42
responsibilities and powers as are necessary to implement the 43
provisions of this chapter. 44
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(c) The Executive Officer of the State Department of 45
Health shall have the following powers and duties: 46
(i) To administer the policies of the State Board 47
of Health within the authority granted by the board; 48
(ii) To supervise and direct all administrative 49
and technical activities of the department, except that the 50
department's internal auditor shall be subject to the sole 51
supervision and direction of the board; 52
(iii) To organize the administrative units of the 53
department in accordance with the plan adopted by the board and, 54
with board approval, alter the organizational plan and reassign 55
responsibilities as he or she may deem necessary to carry out the 56
policies of the board; 57
(iv) To coordinate the activities of the various 58
offices of the department; 59
(v) To employ, subject to regulations of the State 60
Personnel Board, qualified professional personnel in the subject 61
matter or fields of each office, and such other technical and 62
clerical staff as may be required for the operation of the 63
department. The executive officer shall be the appointing 64
authority for the department, and shall have the power to delegate 65
the authority to appoint or dismiss employees to appropriate 66
subordinates, subject to the rules and regulations of the State 67
Personnel Board; 68
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(vi) To recommend to the board such studies and 69
investigations as he or she may deem appropriate, and to carry out 70
the approved recommendations in conjunction with the various 71
offices; 72
(vii) To prepare and deliver to the Legislature 73
and the Governor on or before January 1 of each year, and at such 74
other times as may be required by the Legislature or Governor, a 75
full report of the work of the department and the offices thereof, 76
including a detailed statement of expenditures of the department 77
and any recommendations the board may have; 78
(viii) To prepare and deliver to the Chairmen of 79
the Public Health and Welfare/Human Services Committees of the 80
Senate and House on or before January 1 of each year, a plan for 81
monitoring infant mortality in Mississippi and a full report of 82
the work of the department on reducing Mississippi's infant 83
mortality and morbidity rates and improving the status of maternal 84
and infant health; and 85
(ix) To enter into contracts, grants and 86
cooperative agreements with any federal or state agency or 87
subdivision thereof, or any public or private institution located 88
inside or outside the State of Mississippi, or any person, 89
corporation or association in connection with carrying out the 90
provisions of this chapter, if he or she finds those actions to be 91
in the public interest and the contracts or agreements do not have 92
a financial cost that exceeds the amounts appropriated for those 93
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purposes by the Legislature. Each contract or agreement entered 94
into by the executive officer shall be submitted to the board 95
before its next meeting. 96
(2) The State Board of Health shall have the authority to 97
establish an Office of Rural Health within the department. The 98
duties and responsibilities of this office shall include the 99
following: 100
(a) To collect and evaluate data on rural health 101
conditions and needs; 102
(b) To engage in policy analysis, policy development 103
and economic impact studies with regard to rural health issues; 104
(c) To develop and implement plans and provide 105
technical assistance to enable community health systems to respond 106
to various changes in their circumstances; 107
(d) To plan and assist in professional recruitment and 108
retention of medical professionals and assistants; and 109
(e) To establish information clearinghouses to improve 110
access to and sharing of rural health care information. 111
(3) The State Board of Health shall have general supervision 112
of the health interests of the people of the state and to exercise 113
the rights, powers and duties of those acts which it is authorized 114
by law to enforce. 115
(4) The State Board of Health shall have authority: 116
(a) To make investigations and inquiries with respect 117
to the causes of disease and death, and to investigate the effect 118
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of environment, including conditions of employment and other 119
conditions that may affect health, and to make such other 120
investigations as it may deem necessary for the preservation and 121
improvement of health. 122
(b) To make such sanitary investigations as it may, 123
from time to time, deem necessary for the protection and 124
improvement of health and to investigate nuisance questions that 125
affect the security of life and health within the state. 126
(c) To direct and control sanitary and quarantine 127
measures for dealing with all diseases within the state possible 128
to suppress same and prevent their spread; however, any orders 129
issued under this paragraph (c) must be approved by the Governor 130
before they are released to the public. 131
(d) To obtain, collect and preserve such information 132
relative to mortality, morbidity, disease and health as may be 133
useful in the discharge of its duties or may contribute to the 134
prevention of disease or the promotion of health in this state. 135
(e) To charge and collect reasonable fees for health 136
services, including immunizations, inspections and related 137
activities, and the board shall charge fees for those services; 138
however, if it is determined that a person receiving services is 139
unable to pay the total fee, the board shall collect any amount 140
that the person is able to pay. Any increase in the fees charged 141
by the board under this paragraph shall be in accordance with the 142
provisions of Section 41-3-65. 143
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(f) (i) To establish standards for, issue permits and 144
exercise control over, any cafes, restaurants, food or drink 145
stands, sandwich manufacturing establishments, and all other 146
establishments, other than churches, church-related and private 147
schools, and other nonprofit or charitable organizations, where 148
food or drink is regularly prepared, handled and served for pay; 149
and 150
(ii) To require that a permit be obtained from the 151
Department of Health before those persons begin operation. If any 152
such person fails to obtain the permit required in this 153
subparagraph (ii), the State Board of Health, after due notice and 154
opportunity for a hearing, may impose a monetary penalty not to 155
exceed One Thousand Dollars ($1,000.00) for each violation. 156
However, the department is not authorized to impose a monetary 157
penalty against any person whose gross annual prepared food sales 158
are less than Five Thousand Dollars ($5,000.00). Money collected 159
by the board under this subparagraph (ii) shall be deposited to 160
the credit of the State General Fund of the State Treasury. 161
(g) To promulgate rules and regulations and exercise 162
control over the production and sale of milk pursuant to the 163
provisions of Sections 75-31-41 through 75-31-49. 164
(h) On presentation of proper authority, to enter into 165
and inspect any public place or building where the State Health 166
Officer or his representative deems it necessary and proper to 167
enter for the discovery and suppression of disease and for the 168
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enforcement of any health or sanitary laws and regulations in the 169
state. 170
(i) To conduct investigations, inquiries and hearings, 171
and to issue subpoenas for the attendance of witnesses and the 172
production of books and records at any hearing when authorized and 173
required by statute to be conducted by the State Health Officer or 174
the State Board of Health. 175
(j) To promulgate rules and regulations, and to collect 176
data and information, on (i) the delivery of services through the 177
practice of telemedicine; and (ii) the use of electronic records 178
for the delivery of telemedicine services. 179
(k) To enforce and regulate domestic and imported fish 180
as authorized under Section 69-7-601 et seq. 181
(5) (a) The State Board of Health shall have the authority, 182
in its discretion, to establish programs to promote the public 183
health, to be administered by the State Department of Health. 184
Specifically, those programs may include, but shall not be limited 185
to, programs in the following areas: 186
(i) Maternal and child health; 187
(ii) Family planning; 188
(iii) Pediatric services; 189
(iv) Services to crippled and disabled children; 190
(v) Control of communicable and noncommunicable 191
disease; 192
(vi) Chronic disease; 193
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(vii) Accidental deaths and injuries; 194
(viii) Child care licensure; 195
(ix) Radiological health; 196
(x) Dental health; 197
(xi) Milk sanitation; 198
(xii) Occupational safety and health; 199
(xiii) Food, vector control and general 200
sanitation; 201
(xiv) Protection of drinking water; 202
(xv) Sanitation in food handling establishments 203
open to the public; 204
(xvi) Registration of births and deaths and other 205
vital events; 206
(xvii) Such public health programs and services as 207
may be assigned to the State Board of Health by the Legislature or 208
by executive order; and 209
(xviii) Regulation of domestic and imported fish 210
for human consumption. 211
(b) [Deleted] 212
(c) The State Department of Health may undertake such 213
technical programs and activities as may be required for the 214
support and operation of those programs, including maintaining 215
physical, chemical, bacteriological and radiological laboratories, 216
and may make such diagnostic tests for diseases and tests for the 217
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evaluation of health hazards as may be deemed necessary for the 218
protection of the people of the state. 219
(6) (a) The State Board of Health shall administer the 220
local governments and rural water systems improvements loan 221
program in accordance with the provisions of Section 41-3-16. 222
(b) The State Board of Health shall have authority: 223
(i) To enter into capitalization grant agreements 224
with the United States Environmental Protection Agency, or any 225
successor agency thereto; 226
(ii) To accept capitalization grant awards made 227
under the federal Safe Drinking Water Act, as amended; 228
(iii) To provide annual reports and audits to the 229
United States Environmental Protection Agency, as may be required 230
by federal capitalization grant agreements; and 231
(iv) To establish and collect fees to defray the 232
reasonable costs of administering the revolving fund or emergency 233
fund if the State Board of Health determines that those costs will 234
exceed the limitations established in the federal Safe Drinking 235
Water Act, as amended. The administration fees may be included in 236
loan amounts to loan recipients for the purpose of facilitating 237
payment to the board; however, those fees may not exceed five 238
percent (5%) of the loan amount. 239
(7) [Deleted] 240
(8) Notwithstanding any other provision to the contrary, the 241
State Department of Health shall have the following specific 242
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powers: The State Department of Health is authorized to issue a 243
license to an existing home health agency for the transfer of a 244
county from that agency to another existing home health agency, 245
and to charge a fee for reviewing and making a determination on 246
the application for such transfer not to exceed one-half (1/2) of 247
the authorized fee assessed for the original application for the 248
home health agency, with the revenue to be deposited by the State 249
Department of Health into the special fund created under Section 250
41-7-188. 251
(9) [Deleted] 252
(10) Notwithstanding any other provision to the contrary, 253
the State Department of Health shall have the following specific 254
powers: The State Department of Health is authorized to extend 255
and renew any certificate of need that has expired, and to charge 256
a fee for reviewing and making a determination on the application 257
for such action not to exceed one-half (1/2) of the authorized fee 258
assessed for the original application for the certificate of need, 259
with the revenue to be deposited by the State Department of Health 260
into the special fund created under Section 41-7-188. 261
(11) Notwithstanding any other provision to the contrary, 262
the State Department of Health shall have the following specific 263
powers: The State Department of Health is authorized and 264
empowered, to revoke, immediately, the license and require closure 265
of any institution for the aged or infirm, including any other 266
remedy less than closure to protect the health and safety of the 267
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residents of said institution or the health and safety of the 268
general public. 269
(12) Notwithstanding any other provision to the contrary, 270
the State Department of Health shall have the following specific 271
powers: The State Department of Health is authorized and 272
empowered, to require the temporary detainment of individuals for 273
disease control purposes based upon violation of any order of the 274
State Health Officer, as provided in Section 41-23-5. For the 275
purpose of enforcing such orders of the State Health Officer, 276
persons employed by the department as investigators shall have 277
general arrest powers. All law enforcement officers are 278
authorized and directed to assist in the enforcement of such 279
orders of the State Health Officer. 280
(13) Additionally, the State Board of Health and the State 281
Health Officer each are authorized and directed to study the 282
status of health care, in its broadest sense, throughout the 283
state. The study should include challenges such as access to 284
care; the cost of care; indigent care; providing health care to 285
the incarcerated; the availability of health care workers, 286
paraprofessionals, and professionals; the effects of unhealthy 287
lifestyle choices; the consequences of health care facilities 288
locating in affluent and urban areas to the detriment of less 289
affluent areas, small towns, and rural areas; and negative trends 290
which may cause ill effects if they continue. The study shall 291
also include opportunities to improve health care, such as greater 292
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coordination among state agencies, local governments, and other 293
entities which provide various types of health care; methods of 294
increasing the health care workforce; and methods to increase the 295
location of health care facilities in distressed areas, rural 296
areas, and small towns. All state agencies, the Legislative 297
Budget Office and the Joint Legislative Committee on Performance 298
Evaluation and Expenditure Review (PEER) are directed to assist 299
the department in developing this study. This provision does not 300
by itself grant any additional power to the State Board of Health 301
or the State Health Officer to require any entity to operate 302
differently. It does, however, empower and direct them to obtain 303
information and make recommendations, and it does require all 304
entities to cooperate with the board and health officer as they 305
seek information. 306
SECTION 2. Section 41-23-5, Mississippi Code of 1972, is 307
amended as follows: 308
41-23-5. The State Department of Health shall have the 309
authority to investigate and control the causes of epidemic, 310
infectious and other disease affecting the public health, 311
including the authority to establish, maintain and enforce 312
isolation and quarantine, and in pursuance thereof, to exercise 313
such physical control over property and individuals as the 314
department may find necessary for the protection of the public 315
health. The State Department of Health is further authorized and 316
empowered to require the temporary detainment of individuals for 317
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ST: State Health Officer; require certain
orders issued by to be approved by the Governor.
disease control purposes based upon violation of any order of the 318
State Health Officer. For the purpose of enforcing such orders of 319
the State Health Officer, persons employed by the department as 320
investigators shall have general arrest powers. All law 321
enforcement officers are authorized and directed to assist in the 322
enforcement of such orders of the State Health Officer. The State 323
Health Officer shall not release an order unless it has been 324
approved by the Governor. 325
SECTION 3. This act shall take effect and be in force from 326
and after July 1, 2026. 327