Child care facility licensing; move all administrative functions to the Department of Human Services.

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To: Government Structure
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2371

AN ACT TO AMEND SECTIONS 43-20-5, 43-20-7, 43-20-8, 43-20-11, 1
43-20-12, 43-20-14 AND 43-20-15, MISSISSIPPI CODE OF 1972, TO MOVE 2
ALL CHILD CARE FACILITY LICENSING ADMINISTRATIVE FUNCTIONS FROM 3
THE DEPARTMENT OF HEALTH TO THE DEPARTMENT OF HUMAN SERVICES; TO 4
BRING FORWARD SECTIONS 43-20-1, 43-20-3, 43-20-9, 43-20-13, 5
43-20-17, 43-20-19 AND 43-20-21 MISSISSIPPI CODE OF 1972, FOR THE 6
PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 43-1-4, 7
MISSISSIPPI CODE OF 1972, TO ADD ADMINISTRATION OF CHILD CARE 8
FACILITY LICENSING LAWS TO THE LIST OF DUTIES PROVIDED TO THE 9
DEPARTMENT OF HUMAN SERVICES; TO REQUIRE THAT IF THE DEPARTMENT OF 10
HUMAN SERVICES NEEDS ADDITIONAL AID TO OVERSEE THE ADMINISTRATION 11
OF THE CHILD CARE FACILITY LICENSING LAWS OF THIS STATE, THAT THE 12
DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE OUTLINING SAID 13
NEEDS NO LATER THAN OCTOBER 1, 2026; TO AMEND SECTION 41-3-15, 14
MISSISSIPPI CODE OF 1972, TO REMOVE CHILD CARE FACILITY LICENSING 15
FROM THE LIST OF DUTIES PROVIDED TO THE DEPARTMENT OF HEALTH; TO 16
AMEND SECTION 41-3-65, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 17
DEPARTMENT OF HUMAN SERVICES TO FOLLOW THE SAME FEE INCREASE 18
GUIDELINES PROVIDED TO THE DEPARTMENT OF HEALTH WHEN ADMINISTERING 19
CHILD CARE FACILITY LICENSES; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 43-20-1, Mississippi Code of 1972, is 22
brought forward as follows: 23
43-20-1. This chapter shall be cited as the "Mississippi 24
Child Care Licensing Law." 25
SECTION 2. Section 43-20-3, Mississippi Code of 1972, is 26
brought forward as follows: 27
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43-20-3. The purpose of this chapter is to protect and 28
promote the health and safety of the children of this state by 29
providing for the licensing of child care facilities as defined 30
herein so as to assure that certain minimum standards are 31
maintained in such facilities. This policy is predicated upon the 32
fact that a child is not capable of protecting himself, and when 33
his parents for any reason have relinquished his care to others, 34
there arises the probability of exposure of that child to certain 35
risks to his health and safety which require the offsetting 36
statutory protection of licensing. 37
SECTION 3. Section 43-20-5, Mississippi Code of 1972, is 38
amended as follows: 39
43-20-5. When used in this chapter, the following words 40
shall have the following meanings: 41
(a) "Child care facility" means a place that provides 42
shelter and personal care for six (6) or more children who are not 43
related within the third degree computed according to the civil 44
law to the operator and who are under thirteen (13) years of age, 45
for any part of the twenty-four-hour day, whether that place is 46
organized or operated for profit or not. The term "child care 47
facility" includes day nurseries, day care centers and any other 48
facility that falls within the scope of the definitions set forth 49
in this paragraph, regardless of auspices. Exemptions from the 50
provisions of this chapter include: 51
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(i) Child care facilities that operate for no more 52
than two (2) days a week, whose primary purpose is to provide 53
respite for the caregiver or temporary care during other scheduled 54
or related activities and organized programs that operate for 55
three (3) or fewer weeks per year such as, but not limited to, 56
Vacation Bible Schools and scout day camps. 57
(ii) Any child residential home as defined in, and 58
in compliance with the provisions of, Section 43-16-3(b) et seq. 59
(iii) 1. Any elementary, including kindergarten, 60
and/or secondary school system, accredited by the Mississippi 61
State Department of Education, the Southern Association of 62
Colleges and Schools, the Mississippi Private School Education 63
Association, the American Association of Christian Schools, the 64
Association of Christian Schools International, a school 65
affiliated with Accelerated Christian Education, Inc., and any 66
Head Start program operating in conjunction with an elementary 67
school system, whether it is public, private or parochial, whose 68
primary purpose is a structured school or school readiness 69
program. 70
2. Accreditation, for the purpose of 71
exemption from the provisions of this chapter, means: a. receipt 72
by any school or school system of full accreditation from an 73
accrediting entity listed in item 1 of this subparagraph (iii), or 74
b. proof of application by the school or school system for 75
accreditation status from the accrediting entity. Proof of 76
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application for accreditation status shall include, but not be 77
limited to, a copy of the applicant's completed application for 78
accreditation filed with the licensing agency and a letter or 79
other authenticating documentation from a signatory authority with 80
the accrediting entity that the application for accreditation has 81
been received and that the applicant is currently under 82
consideration or review for full accreditation status by the 83
accrediting entity. An exemption for a nonaccredited applicant 84
under this item 2 shall be for a maximum of one (1) year from the 85
receipt date by the licensing agency of the completed 86
documentation for proof of application for accreditation status. 87
Failure to receive full accreditation by the end of the one-year 88
exemption period for a nonaccredited applicant shall result in the 89
nonaccredited applicant no longer remaining exempt from the 90
provisions of this chapter at the end of the one-year period. 91
However, if full accreditation is not received by the end of the 92
one-year exemption period, the * * * Mississippi Department of 93
Human Services, in its discretion, may extend the exemption period 94
for any nonaccredited applicant for periods of six (6) months, 95
with the total extension not to exceed one (1) year. During any 96
such extension periods, the * * * department shall have the 97
authority to enforce child care facility licensure provisions 98
relating to the health and safety of the children in the school or 99
school system. If a nonaccredited applicant fails to receive full 100
accreditation by the end of all extended exemption periods, the 101
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applicant shall no longer remain exempt from the provisions of 102
this chapter at the end of the extended exemption periods. 103
(iv) Any membership organization affiliated with a 104
national organization that charges only a nominal annual 105
membership fee, does not receive monthly, weekly or daily payments 106
for services, and is certified by its national association as 107
being in compliance with the association's minimum standards and 108
procedures including, but not limited to, the Boys and Girls Club 109
of America, and the YMCA. 110
(v) Any family child care home as defined in 111
Section 43-20-53(a) et seq. 112
All other preschool child care programs and/or extended day 113
school programs must meet requirements set forth in this chapter. 114
Any entity exempt from the requirements to be licensed but 115
voluntarily chooses to obtain a license is subject to all 116
provisions of this chapter. 117
(b) "Health" means that condition of being sound in 118
mind and body and encompasses an individual's physical, mental and 119
emotional welfare. 120
(c) "Safety" means that condition of being protected 121
from hurt, injury or loss. 122
(d) "Person" means any person, firm, partnership, 123
corporation or association. 124
(e) "Operator" means any person, acting individually or 125
jointly with another person or persons, who establishes, owns, 126
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operates, conducts or maintains a child care facility. The child 127
care facility license shall be issued in the name of the operator, 128
or, if there is more than one (1) operator, in the name of one (1) 129
of the operators. If there is more than one (1) operator, all 130
statutory and regulatory provisions concerning the background 131
checks of operators shall be equally applied to all operators of a 132
facility including, but not limited to, a spouse who jointly owns, 133
operates or maintains the child care facility regardless of which 134
particular person is named on the license. 135
(f) "Personal care" means assistance rendered by 136
personnel of the child care facility in performing one or more of 137
the activities of daily living which includes, but is not limited 138
to, the feeding, personal grooming, supervising and dressing of 139
children placed in the child care facility. 140
(g) "Licensing agency" means the Mississippi * * * 141
Department of Human Services. 142
(h) "Caregiver" means any person who provides direct 143
care, supervision or guidance to children in a child care 144
facility, regardless of title or occupation. 145
SECTION 4. Section 43-20-7, Mississippi Code of 1972, is 146
amended as follows: 147
43-20-7. (1) There is hereby created an advisory council 148
which shall be appointed by the * * * Executive Director of the 149
Department of Human Services, who shall serve at the pleasure of 150
the * * * Department of Human Services. 151
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(2) The advisory council shall consist of twelve (12) 152
persons, six (6) of whom shall be licensed child care providers, 153
and six (6) of whom shall represent child care professional 154
organizations, child advocacy groups, child care associations or 155
state agencies which provide child care funding, education or 156
services. No more than four (4) members shall be appointed from 157
any one (1) state Supreme Court district. 158
(3) It shall be the duty of the advisory council to assist 159
and advise the licensing agency in the development of regulations 160
governing the licensure and regulation of child care facilities 161
and to advise the licensing agency on matters relative to the 162
administration and interpretation of the provisions of this 163
chapter. 164
(4) Members of the advisory council shall be reimbursed for 165
mileage and expenses as is authorized by law. 166
SECTION 5. Section 43-20-8, Mississippi Code of 1972, is 167
amended as follows: 168
43-20-8. (1) The licensing agency shall have powers and 169
duties as set forth below, in addition to other duties prescribed 170
under this chapter: 171
(a) Promulgate rules and regulations concerning the 172
licensing and regulation of child care facilities as defined in 173
Section 43-20-5; 174
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(b) Have the authority to issue, deny, suspend, revoke, 175
restrict or otherwise take disciplinary action against licensees 176
as provided for in this chapter; 177
(c) Set and collect fees and penalties as provided for 178
in this chapter; any increase in the fees charged by the licensing 179
agency under this paragraph shall be in accordance with the 180
provisions of Section 41-3-65; and 181
(d) Have such other powers as may be required to carry 182
out the provisions of this chapter. 183
(2) Child care facilities shall assure that parents have 184
welcome access to the child care facility at all times and shall 185
comply with the provisions of Chapter 520, Laws of 2006. 186
(3) Each child care facility shall develop and maintain a 187
current list of contact persons for each child provided care by 188
that facility. An agreement may be made between the child care 189
facility and the child's parent, guardian or contact person at the 190
time of registration to inform the parent, guardian or contact 191
person if the child does not arrive at the facility within a 192
reasonable time. 193
(4) Child care facilities shall require that, for any 194
current or prospective caregiver, all criminal records, background 195
and sex offender registry checks and current child abuse registry 196
checks are obtained. In order to determine the applicant's 197
suitability for employment, the applicant shall be fingerprinted. 198
If no disqualifying record is identified at the state level, the 199
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fingerprints shall be forwarded by the Department of Public Safety 200
to the FBI for a national criminal history record check. 201
(5) The licensing agency shall require to be performed a 202
criminal records background check and a child abuse registry check 203
for all operators of a child care facility and any person living 204
in a residence used for child care. The Department of Human 205
Services shall have the authority to disclose to the State 206
Department of Health any potential applicant whose name is listed 207
on the Child Abuse Central Registry or has a pending 208
administrative review. That information shall remain confidential 209
by all parties. In order to determine the applicant's suitability 210
for employment, the applicant shall be fingerprinted. If no 211
disqualifying record is identified at the state level, the 212
fingerprints shall be forwarded by the Department of Public Safety 213
to the FBI for a national criminal history record check. 214
(6) The licensing agency shall have the authority to exclude 215
a particular crime or crimes or a substantiated finding of child 216
abuse and/or neglect as disqualifying individuals or entities for 217
prospective or current employment or licensure. 218
(7) The licensing agency and its agents, officers, 219
employees, attorneys and representatives shall not be held civilly 220
liable for any findings, recommendations or actions taken under 221
this section. 222
(8) All fees incurred in compliance with this section shall 223
be borne by the child care facility. The licensing agency is 224
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authorized to charge a fee that includes the amount required by 225
the Federal Bureau of Investigation for the national criminal 226
history record check in compliance with the Child Protection Act 227
of 1993, as amended, and any necessary costs incurred by the 228
licensing agency for the handling and administration of the 229
criminal history background checks. 230
(9) From and after * * * July 1, 2027, the State Board of 231
Health shall work with the Department of Human Services to develop 232
regulations to ensure that all children enrolled or enrolling in a 233
state licensed child care center receive age-appropriate 234
immunization against invasive pneumococcal disease as recommended 235
by the Advisory Committee on immunization practices of the Centers 236
for Disease Control and Prevention. The * * * Department of Human 237
Services shall include, within its regulations, protocols for 238
children under the age of twenty-four (24) months to catch up on 239
missed doses. * * * 240
SECTION 6. Section 43-20-9, Mississippi Code of 1972, is 241
brought forward as follows: 242
43-20-9. From and after August 1, 1972, no person acting 243
individually or jointly with another person or persons shall 244
establish, own, operate, conduct or maintain a child care facility 245
in this state without a license issued under this chapter. 246
SECTION 7. Section 43-20-11, Mississippi Code of 1972, is 247
amended as follows: 248
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43-20-11. An application for a license under this chapter 249
shall be made to the licensing agency upon forms provided by it, 250
and shall contain such information as the licensing agency may 251
reasonably require. Each application for a license shall be 252
accompanied by a license fee not to exceed Four Hundred Dollars 253
($400.00), which shall be paid to the licensing agency. Any 254
increase in the fee charged by the licensing agency under this 255
section shall be in accordance with the provisions of Section 256
41-3-65. Licenses shall be granted to applicants upon the filing 257
of properly completed application forms, accompanied by payment of 258
the license fee, and a certificate of inspection and approval by 259
the fire department of the municipality or other political 260
subdivision in which the facility is located, and by a certificate 261
of inspection and approval by the health department of the county 262
in which the facility is located, and approval by the licensing 263
agency; except that if no fire department exists where the 264
facility is located, the State Fire Marshal shall certify as to 265
the inspection for safety from fire hazards. The fire, county 266
health department and licensing agency inspections and approvals 267
shall be based upon regulations promulgated by the licensing 268
agency as approved by the * * * Department of Human Services. 269
Each license shall be issued only for the premises and person 270
or persons named in the application and shall not be transferable 271
or assignable except with the written approval of the licensing 272
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agency. Licenses shall be posted in a conspicuous place on the 273
licensed premises. 274
No governmental entity or agency shall be required to pay the 275
fee or fees set forth in this section. 276
SECTION 8. Section 43-20-12, Mississippi Code of 1972, is 277
amended as follows: 278
43-20-12. All fees collected by the * * * Department of 279
Human Services under this chapter and any penalties collected by 280
the * * * department for violations of this chapter shall be 281
deposited in a special fund hereby created in the State Treasury 282
and shall be used for the implementation and administration of 283
this chapter when appropriated by the Legislature for such 284
purpose. 285
SECTION 9. Section 43-20-13, Mississippi Code of 1972, is 286
brought forward as follows: 287
43-20-13. A license issued under the provisions of this 288
chapter shall be renewed upon payment of a renewal fee not to 289
exceed Four Hundred Dollars ($400.00) per year, and upon filing by 290
the licensee of a report upon such uniform dates and upon forms 291
provided by the licensing agency, accompanied by a current 292
certificate of inspection and approval by the fire department and 293
the county health department specified in Section 43-20-11. 294
Any increase in the fee charged by the licensing agency under 295
this section shall be in accordance with the provisions of Section 296
41-3-65. 297
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No governmental entity or agency shall be required to pay the 298
fee or fees set forth in this section. 299
SECTION 10. Section 43-20-14, Mississippi Code of 1972, is 300
amended as follows: 301
43-20-14. (1) The licensing agency may deny a license or 302
refuse to renew a license for any of the reasons set forth in 303
subsection (3) of this section. 304
(2) Before the licensing agency may deny or refuse to renew, 305
the applicant or person named on the license shall be entitled to 306
a hearing in order to show cause why the license should not be 307
denied or should be renewed. 308
(3) The licensing agency may suspend, revoke or restrict the 309
license of any child care facility upon one or more of the 310
following grounds: 311
(a) Fraud, misrepresentation or concealment of material 312
facts; 313
(b) Conviction of an operator for any crime if the 314
licensing agency finds that the act or acts for which the operator 315
was convicted could have a detrimental effect on children cared 316
for by any child care facility; 317
(c) Violation of any of the provisions of this act or 318
of the regulations governing the licensing and regulation of child 319
care facilities promulgated by the licensing agency; 320
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(d) Any conduct, or failure to act, that is found or 321
determined by the licensing agency to threaten the health or 322
safety of children at the facility; 323
(e) Failure by the child care facility to comply with 324
the provisions of Section 43-20-8(3) regarding background checks 325
of caregivers; and 326
(f) Information received by the licensing agency as a 327
result of the criminal records background check and the child 328
abuse registry check on all operators under Section 43-20-8. 329
(4) Before the licensing agency may suspend, revoke or 330
restrict the license of any facility, any licensee affected by 331
that decision of the licensing agency shall be entitled to a 332
hearing in which the licensee may show cause why the license 333
should not be suspended, revoked or restricted. 334
(5) Any licensee who disagrees with or is aggrieved by a 335
decision of the Mississippi * * * Department of Human Services in 336
regard to the denial, refusal to renew, suspension, revocation or 337
restriction of the license of the licensee, may appeal to the 338
chancery court of the county in which the facility is located. 339
The appeal shall be filed no later than thirty (30) days after the 340
licensee receives written notice of the final administrative 341
action by the * * * Mississippi Department of Human Services as to 342
the suspension, revocation or restriction of the license of the 343
licensee. 344
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SECTION 11. Section 43-20-15, Mississippi Code of 1972, is 345
amended as follows: 346
43-20-15. The licensing agency shall make or cause to be 347
made inspections relative to compliance with the laws and 348
regulations governing the licensure of child care facilities. Such 349
inspections shall be made at least once a year, but additional 350
inspections may be made as often as deemed necessary by the 351
licensing agency. 352
SECTION 12. Section 43-20-17, Mississippi Code of 1972, is 353
brought forward as follows: 354
43-20-17. Information in the possession of the licensing 355
agency concerning the license of individual child care facilities 356
may be disclosed to the public, except such information shall not 357
be disclosed in such manner as to identify children or families of 358
children cared for at a child care facility. Nothing in this 359
section shall affect the agency's authority to release findings of 360
investigations into allegations of abuse pursuant to either 361
Section 43-21-353(8) or Section 43-21-257. 362
SECTION 13. Section 43-20-19, Mississippi Code of 1972, is 363
brought forward as follows: 364
43-20-19. Any person establishing, conducting, managing or 365
operating a child care facility without a license under this 366
chapter after August 1, 1972, shall be guilty of a misdemeanor 367
and, upon conviction, shall be fined not more than One Hundred 368
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Dollars ($100.00) for the first offense, and not more than Two 369
Hundred Dollars ($200.00) for each subsequent offense. 370
SECTION 14. Section 43-20-21, Mississippi Code of 1972, is 371
brought forward as follows: 372
43-20-21. Notwithstanding the existence of any other remedy, 373
the licensing agency may, in the manner provided by law, in 374
termtime or in vacation, upon the advice of the Attorney General 375
who, except as otherwise authorized in Section 7-5-39, shall 376
represent the licensing agency in the proceedings, maintain an 377
action in the name of the state for an injunction or other proper 378
remedy against any person to restrain or prevent the 379
establishment, conduct, management or operation of a child care 380
facility without license under this chapter, or otherwise in 381
violation of this chapter. 382
SECTION 15. Section 43-1-4, Mississippi Code of 1972, is 383
amended as follows: 384
43-1-4. The Department of Human Services shall have the 385
following powers and duties: 386
(a) To provide basic services and assistance statewide 387
to needy and disadvantaged individuals and families. 388
(b) To promote integration of the many services and 389
programs within its jurisdiction at the client level thus 390
improving the efficiency and effectiveness of service delivery and 391
providing easier access to clients. 392
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(c) To develop a statewide comprehensive service 393
delivery plan in coordination with the Board of Health, the Board 394
of Mental Health, and the Department of Finance and 395
Administration. Such plan shall be developed and presented to the 396
Governor by January 1, 1990. 397
(d) To employ personnel and expend funds appropriated 398
to the department to carry out the duties and responsibilities 399
assigned to the department by law. 400
(e) To fingerprint and conduct a background 401
investigation on every employee, contractor, subcontractor and 402
volunteer (i) who has direct access to clients of the department 403
who are children or vulnerable adults, (ii) who is in a position 404
of fiduciary responsibility, (iii) who is in a position with 405
access to Federal Tax Information (FTI), or (iv) who is otherwise 406
required by federal law or regulations to undergo a background 407
investigation. Every such employee, contractor, subcontractor and 408
volunteer shall provide a valid current social security number 409
and/or driver's license number which shall be furnished to conduct 410
the background investigation for determination as to good moral 411
character and to ensure that no person placed in any position 412
referenced in this paragraph has a felony conviction that would 413
prevent employment or access to Federal Tax Information according 414
to department policy. If no disqualifying record is identified at 415
the state level, the fingerprints shall be forwarded to the 416
Federal Bureau of Investigation for a fingerprint-based national 417
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criminal history record check. The department shall be the 418
recipient of the results of any background investigation and/or 419
criminal history record check performed in accordance with this 420
paragraph. 421
(f) (i) Administer and enforce the child care facility 422
licensing laws of this state. 423
(ii) Should additional legislative action be 424
necessary to assist the Department of Human Services in carrying 425
out the duties established by this paragraph, the department shall 426
submit a report to the Legislature no later than October 1, 2026, 427
providing requests and recommendations regarding aid the 428
department needs to administer and enforce the child care facility 429
licensing laws of this state. 430
SECTION 16. Section 41-3-15, Mississippi Code of 1972, is 431
amended as follows: 432
41-3-15. (1) (a) There shall be a State Department of 433
Health. 434
(b) The State Board of Health shall have the following 435
powers and duties: 436
(i) To formulate the policy of the State 437
Department of Health regarding public health matters within the 438
jurisdiction of the department; 439
(ii) To adopt, modify, repeal and promulgate, 440
after due notice and hearing, and enforce rules and regulations 441
implementing or effectuating the powers and duties of the 442
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department under any and all statutes within the department's 443
jurisdiction, and as the board may deem necessary; 444
(iii) To apply for, receive, accept and expend any 445
federal or state funds or contributions, gifts, trusts, devises, 446
bequests, grants, endowments or funds from any other source or 447
transfers of property of any kind; 448
(iv) To enter into, and to authorize the executive 449
officer to execute contracts, grants and cooperative agreements 450
with any federal or state agency or subdivision thereof, or any 451
public or private institution located inside or outside the State 452
of Mississippi, or any person, corporation or association in 453
connection with carrying out the provisions of this chapter, if it 454
finds those actions to be in the public interest and the contracts 455
or agreements do not have a financial cost that exceeds the 456
amounts appropriated for those purposes by the Legislature; 457
(v) To appoint, upon recommendation of the 458
Executive Officer of the State Department of Health, a Director of 459
Internal Audit who shall be either a Certified Public Accountant 460
or Certified Internal Auditor, and whose employment shall be 461
continued at the discretion of the board, and who shall report 462
directly to the board, or its designee; and 463
(vi) To discharge such other duties, 464
responsibilities and powers as are necessary to implement the 465
provisions of this chapter. 466
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(c) The Executive Officer of the State Department of 467
Health shall have the following powers and duties: 468
(i) To administer the policies of the State Board 469
of Health within the authority granted by the board; 470
(ii) To supervise and direct all administrative 471
and technical activities of the department, except that the 472
department's internal auditor shall be subject to the sole 473
supervision and direction of the board; 474
(iii) To organize the administrative units of the 475
department in accordance with the plan adopted by the board and, 476
with board approval, alter the organizational plan and reassign 477
responsibilities as he or she may deem necessary to carry out the 478
policies of the board; 479
(iv) To coordinate the activities of the various 480
offices of the department; 481
(v) To employ, subject to regulations of the State 482
Personnel Board, qualified professional personnel in the subject 483
matter or fields of each office, and such other technical and 484
clerical staff as may be required for the operation of the 485
department. The executive officer shall be the appointing 486
authority for the department, and shall have the power to delegate 487
the authority to appoint or dismiss employees to appropriate 488
subordinates, subject to the rules and regulations of the State 489
Personnel Board; 490
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(vi) To recommend to the board such studies and 491
investigations as he or she may deem appropriate, and to carry out 492
the approved recommendations in conjunction with the various 493
offices; 494
(vii) To prepare and deliver to the Legislature 495
and the Governor on or before January 1 of each year, and at such 496
other times as may be required by the Legislature or Governor, a 497
full report of the work of the department and the offices thereof, 498
including a detailed statement of expenditures of the department 499
and any recommendations the board may have; 500
(viii) To prepare and deliver to the Chairmen of 501
the Public Health and Welfare/Human Services Committees of the 502
Senate and House on or before January 1 of each year, a plan for 503
monitoring infant mortality in Mississippi and a full report of 504
the work of the department on reducing Mississippi's infant 505
mortality and morbidity rates and improving the status of maternal 506
and infant health; and 507
(ix) To enter into contracts, grants and 508
cooperative agreements with any federal or state agency or 509
subdivision thereof, or any public or private institution located 510
inside or outside the State of Mississippi, or any person, 511
corporation or association in connection with carrying out the 512
provisions of this chapter, if he or she finds those actions to be 513
in the public interest and the contracts or agreements do not have 514
a financial cost that exceeds the amounts appropriated for those 515
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purposes by the Legislature. Each contract or agreement entered 516
into by the executive officer shall be submitted to the board 517
before its next meeting. 518
(2) The State Board of Health shall have the authority to 519
establish an Office of Rural Health within the department. The 520
duties and responsibilities of this office shall include the 521
following: 522
(a) To collect and evaluate data on rural health 523
conditions and needs; 524
(b) To engage in policy analysis, policy development 525
and economic impact studies with regard to rural health issues; 526
(c) To develop and implement plans and provide 527
technical assistance to enable community health systems to respond 528
to various changes in their circumstances; 529
(d) To plan and assist in professional recruitment and 530
retention of medical professionals and assistants; and 531
(e) To establish information clearinghouses to improve 532
access to and sharing of rural health care information. 533
(3) The State Board of Health shall have general supervision 534
of the health interests of the people of the state and to exercise 535
the rights, powers and duties of those acts which it is authorized 536
by law to enforce. 537
(4) The State Board of Health shall have authority: 538
(a) To make investigations and inquiries with respect 539
to the causes of disease and death, and to investigate the effect 540
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of environment, including conditions of employment and other 541
conditions that may affect health, and to make such other 542
investigations as it may deem necessary for the preservation and 543
improvement of health. 544
(b) To make such sanitary investigations as it may, 545
from time to time, deem necessary for the protection and 546
improvement of health and to investigate nuisance questions that 547
affect the security of life and health within the state. 548
(c) To direct and control sanitary and quarantine 549
measures for dealing with all diseases within the state possible 550
to suppress same and prevent their spread. 551
(d) To obtain, collect and preserve such information 552
relative to mortality, morbidity, disease and health as may be 553
useful in the discharge of its duties or may contribute to the 554
prevention of disease or the promotion of health in this state. 555
(e) To charge and collect reasonable fees for health 556
services, including immunizations, inspections and related 557
activities, and the board shall charge fees for those services; 558
however, if it is determined that a person receiving services is 559
unable to pay the total fee, the board shall collect any amount 560
that the person is able to pay. Any increase in the fees charged 561
by the board under this paragraph shall be in accordance with the 562
provisions of Section 41-3-65. 563
(f) (i) To establish standards for, issue permits and 564
exercise control over, any cafes, restaurants, food or drink 565
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stands, sandwich manufacturing establishments, and all other 566
establishments, other than churches, church-related and private 567
schools, and other nonprofit or charitable organizations, where 568
food or drink is regularly prepared, handled and served for pay; 569
and 570
(ii) To require that a permit be obtained from the 571
Department of Health before those persons begin operation. If any 572
such person fails to obtain the permit required in this 573
subparagraph (ii), the State Board of Health, after due notice and 574
opportunity for a hearing, may impose a monetary penalty not to 575
exceed One Thousand Dollars ($1,000.00) for each violation. 576
However, the department is not authorized to impose a monetary 577
penalty against any person whose gross annual prepared food sales 578
are less than Five Thousand Dollars ($5,000.00). Money collected 579
by the board under this subparagraph (ii) shall be deposited to 580
the credit of the State General Fund of the State Treasury. 581
(g) To promulgate rules and regulations and exercise 582
control over the production and sale of milk pursuant to the 583
provisions of Sections 75-31-41 through 75-31-49. 584
(h) On presentation of proper authority, to enter into 585
and inspect any public place or building where the State Health 586
Officer or his representative deems it necessary and proper to 587
enter for the discovery and suppression of disease and for the 588
enforcement of any health or sanitary laws and regulations in the 589
state. 590
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(i) To conduct investigations, inquiries and hearings, 591
and to issue subpoenas for the attendance of witnesses and the 592
production of books and records at any hearing when authorized and 593
required by statute to be conducted by the State Health Officer or 594
the State Board of Health. 595
(j) To promulgate rules and regulations, and to collect 596
data and information, on (i) the delivery of services through the 597
practice of telemedicine; and (ii) the use of electronic records 598
for the delivery of telemedicine services. 599
(k) To enforce and regulate domestic and imported fish 600
as authorized under Section 69-7-601 et seq. 601
(5) (a) The State Board of Health shall have the authority, 602
in its discretion, to establish programs to promote the public 603
health, to be administered by the State Department of Health. 604
Specifically, those programs may include, but shall not be limited 605
to, programs in the following areas: 606
(i) Maternal and child health; 607
(ii) Family planning; 608
(iii) Pediatric services; 609
(iv) Services to crippled and disabled children; 610
(v) Control of communicable and noncommunicable 611
disease; 612
(vi) Chronic disease; 613
(vii) Accidental deaths and injuries; 614
* * * 615
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( * * *viii) Radiological health; 616
( * * *ix) Dental health; 617
( * * *x) Milk sanitation; 618
( * * *xi) Occupational safety and health; 619
( * * *xii) Food, vector control and general 620
sanitation; 621
( * * *xiii) Protection of drinking water; 622
( * * *xiv) Sanitation in food handling 623
establishments open to the public; 624
( * * *xv) Registration of births and deaths and 625
other vital events; 626
( * * *xvi) Such public health programs and 627
services as may be assigned to the State Board of Health by the 628
Legislature or by executive order; and 629
( * * *xvii) Regulation of domestic and imported 630
fish for human consumption. 631
(b) [Deleted] 632
(c) The State Department of Health may undertake such 633
technical programs and activities as may be required for the 634
support and operation of those programs, including maintaining 635
physical, chemical, bacteriological and radiological laboratories, 636
and may make such diagnostic tests for diseases and tests for the 637
evaluation of health hazards as may be deemed necessary for the 638
protection of the people of the state. 639
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(6) (a) The State Board of Health shall administer the 640
local governments and rural water systems improvements loan 641
program in accordance with the provisions of Section 41-3-16. 642
(b) The State Board of Health shall have authority: 643
(i) To enter into capitalization grant agreements 644
with the United States Environmental Protection Agency, or any 645
successor agency thereto; 646
(ii) To accept capitalization grant awards made 647
under the federal Safe Drinking Water Act, as amended; 648
(iii) To provide annual reports and audits to the 649
United States Environmental Protection Agency, as may be required 650
by federal capitalization grant agreements; and 651
(iv) To establish and collect fees to defray the 652
reasonable costs of administering the revolving fund or emergency 653
fund if the State Board of Health determines that those costs will 654
exceed the limitations established in the federal Safe Drinking 655
Water Act, as amended. The administration fees may be included in 656
loan amounts to loan recipients for the purpose of facilitating 657
payment to the board; however, those fees may not exceed five 658
percent (5%) of the loan amount. 659
(7) [Deleted] 660
(8) Notwithstanding any other provision to the contrary, the 661
State Department of Health shall have the following specific 662
powers: The State Department of Health is authorized to issue a 663
license to an existing home health agency for the transfer of a 664
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county from that agency to another existing home health agency, 665
and to charge a fee for reviewing and making a determination on 666
the application for such transfer not to exceed one-half (1/2) of 667
the authorized fee assessed for the original application for the 668
home health agency, with the revenue to be deposited by the State 669
Department of Health into the special fund created under Section 670
41-7-188. 671
(9) [Deleted] 672
(10) Notwithstanding any other provision to the contrary, 673
the State Department of Health shall have the following specific 674
powers: The State Department of Health is authorized to extend 675
and renew any certificate of need that has expired, and to charge 676
a fee for reviewing and making a determination on the application 677
for such action not to exceed one-half (1/2) of the authorized fee 678
assessed for the original application for the certificate of need, 679
with the revenue to be deposited by the State Department of Health 680
into the special fund created under Section 41-7-188. 681
(11) Notwithstanding any other provision to the contrary, 682
the State Department of Health shall have the following specific 683
powers: The State Department of Health is authorized and 684
empowered, to revoke, immediately, the license and require closure 685
of any institution for the aged or infirm, including any other 686
remedy less than closure to protect the health and safety of the 687
residents of said institution or the health and safety of the 688
general public. 689
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(12) Notwithstanding any other provision to the contrary, 690
the State Department of Health shall have the following specific 691
powers: The State Department of Health is authorized and 692
empowered, to require the temporary detainment of individuals for 693
disease control purposes based upon violation of any order of the 694
State Health Officer, as provided in Section 41-23-5. For the 695
purpose of enforcing such orders of the State Health Officer, 696
persons employed by the department as investigators shall have 697
general arrest powers. All law enforcement officers are 698
authorized and directed to assist in the enforcement of such 699
orders of the State Health Officer. 700
(13) Additionally, the State Board of Health and the State 701
Health Officer each are authorized and directed to study the 702
status of health care, in its broadest sense, throughout the 703
state. The study should include challenges such as access to 704
care; the cost of care; indigent care; providing health care to 705
the incarcerated; the availability of health care workers, 706
paraprofessionals, and professionals; the effects of unhealthy 707
lifestyle choices; the consequences of health care facilities 708
locating in affluent and urban areas to the detriment of less 709
affluent areas, small towns, and rural areas; and negative trends 710
which may cause ill effects if they continue. The study shall 711
also include opportunities to improve health care, such as greater 712
coordination among state agencies, local governments, and other 713
entities which provide various types of health care; methods of 714
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increasing the health care workforce; and methods to increase the 715
location of health care facilities in distressed areas, rural 716
areas, and small towns. All state agencies, the Legislative 717
Budget Office and the Joint Legislative Committee on Performance 718
Evaluation and Expenditure Review (PEER) are directed to assist 719
the department in developing this study. This provision does not 720
by itself grant any additional power to the State Board of Health 721
or the State Health Officer to require any entity to operate 722
differently. It does, however, empower and direct them to obtain 723
information and make recommendations, and it does require all 724
entities to cooperate with the board and health officer as they 725
seek information. 726
SECTION 17. Section 41-3-65, Mississippi Code of 1972, is 727
amended as follows: 728
41-3-65. (1) Except as otherwise provided by law, the State 729
Board of Health or the State Department of Health may increase the 730
amount of any fee charged by the board or the department for 731
providing a service, including the issuance and renewal of 732
licenses and registrations, not more than two (2) times during the 733
period from July 1, 2016, through June 30, 2020, with the 734
percentage of each increase being not more than fifteen percent 735
(15%) of the amount of the fee in effect at the time of the 736
increase. 737
(2) The Department of Human Services shall follow the fees 738
for service charging guidelines as provided in subsection (1) of 739
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ST: Child care facility licensing; move all
administrative functions to the Department of
Human Services.
this section, when administering and executing the child care 740
facility licensing laws of this state. 741
SECTION 18. This act shall take effect and be in force from 742
and after July 1, 2027. 743