MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Government Structure
By: Senator(s) Boyd
AN ACT TO AMEND SECTIONS 43-20-5, 43-20-7, 43-20-8, 43-20-11, 43-20-12, 43-20-14 AND 43-20-15, MISSISSIPPI CODE OF 1972, TO MOVE ALL CHILD CARE FACILITY LICENSING ADMINISTRATIVE FUNCTIONS FROM THE DEPARTMENT OF HEALTH TO THE DEPARTMENT OF HUMAN SERVICES; TO BRING FORWARD SECTIONS 43-20-1, 43-20-3, 43-20-9, 43-20-13, 43-20-17, 43-20-19 AND 43-20-21 MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 43-1-4, MISSISSIPPI CODE OF 1972, TO ADD ADMINISTRATION OF CHILD CARE FACILITY LICENSING LAWS TO THE LIST OF DUTIES PROVIDED TO THE DEPARTMENT OF HUMAN SERVICES; TO REQUIRE THAT IF THE DEPARTMENT OF HUMAN SERVICES NEEDS ADDITIONAL AID TO OVERSEE THE ADMINISTRATION OF THE CHILD CARE FACILITY LICENSING LAWS OF THIS STATE, THAT THE DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE OUTLINING SAID NEEDS NO LATER THAN OCTOBER 1, 2026; TO AMEND SECTION 41-3-15, MISSISSIPPI CODE OF 1972, TO REMOVE CHILD CARE FACILITY LICENSING FROM THE LIST OF DUTIES PROVIDED TO THE DEPARTMENT OF HEALTH; TO AMEND SECTION 41-3-65, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO FOLLOW THE SAME FEE INCREASE GUIDELINES PROVIDED TO THE DEPARTMENT OF HEALTH WHEN ADMINISTERING CHILD CARE FACILITY LICENSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-20-1, Mississippi Code of 1972, is brought forward as follows:
43-20-1. This chapter shall be cited as the "Mississippi Child Care Licensing Law."
SECTION 2. Section 43-20-3, Mississippi Code of 1972, is brought forward as follows:
43-20-3. The purpose of this chapter is to protect and promote the health and safety of the children of this state by providing for the licensing of child care facilities as defined herein so as to assure that certain minimum standards are maintained in such facilities. This policy is predicated upon the fact that a child is not capable of protecting himself, and when his parents for any reason have relinquished his care to others, there arises the probability of exposure of that child to certain risks to his health and safety which require the offsetting statutory protection of licensing.
SECTION 3. Section 43-20-5, Mississippi Code of 1972, is amended as follows:
43-20-5. When used in this chapter, the following words shall have the following meanings:
(a) "Child care facility" means a place that provides shelter and personal care for six (6) or more children who are not related within the third degree computed according to the civil law to the operator and who are under thirteen (13) years of age, for any part of the twenty-four-hour day, whether that place is organized or operated for profit or not. The term "child care facility" includes day nurseries, day care centers and any other facility that falls within the scope of the definitions set forth in this paragraph, regardless of auspices. Exemptions from the provisions of this chapter include:
(i) Child care facilities that operate for no more than two (2) days a week, whose primary purpose is to provide respite for the caregiver or temporary care during other scheduled or related activities and organized programs that operate for three (3) or fewer weeks per year such as, but not limited to, Vacation Bible Schools and scout day camps.
(ii) Any child residential home as defined in, and in compliance with the provisions of, Section 43-16-3(b) et seq.
(iii) 1. Any elementary, including kindergarten, and/or secondary school system, accredited by the Mississippi State Department of Education, the Southern Association of Colleges and Schools, the Mississippi Private School Education Association, the American Association of Christian Schools, the Association of Christian Schools International, a school affiliated with Accelerated Christian Education, Inc., and any Head Start program operating in conjunction with an elementary school system, whether it is public, private or parochial, whose primary purpose is a structured school or school readiness program.
2.
Accreditation, for the purpose of exemption from the provisions of this
chapter, means: a. receipt by any school or school system of full
accreditation from an accrediting entity listed in item 1 of this subparagraph
(iii), or b. proof of application by the school or school system for
accreditation status from the accrediting entity. Proof of application for
accreditation status shall include, but not be limited to, a copy of the
applicant's completed application for accreditation filed with the licensing
agency and a letter or other authenticating documentation from a signatory
authority with the accrediting entity that the application for accreditation
has been received and that the applicant is currently under consideration or
review for full accreditation status by the accrediting entity. An exemption
for a nonaccredited applicant under this item 2 shall be for a maximum of one
(1) year from the receipt date by the licensing agency of the completed
documentation for proof of application for accreditation status. Failure to
receive full accreditation by the end of the one-year exemption period for a
nonaccredited applicant shall result in the nonaccredited applicant no longer
remaining exempt from the provisions of this chapter at the end of the one-year
period. However, if full accreditation is not received by the end of the one-year
exemption period, the * * * Mississippi Department of Human Services,
in its discretion, may extend the exemption period for any nonaccredited
applicant for periods of six (6) months, with the total extension not to exceed
one (1) year. During any such extension periods, the * * * department shall have the
authority to enforce child care facility licensure provisions relating to the
health and safety of the children in the school or school system. If a
nonaccredited applicant fails to receive full accreditation by the end of all
extended exemption periods, the applicant shall no longer remain exempt from
the provisions of this chapter at the end of the extended exemption periods.
(iv) Any membership organization affiliated with a national organization that charges only a nominal annual membership fee, does not receive monthly, weekly or daily payments for services, and is certified by its national association as being in compliance with the association's minimum standards and procedures including, but not limited to, the Boys and Girls Club of America, and the YMCA.
(v) Any family child care home as defined in Section 43-20-53(a) et seq.
All other preschool child care programs and/or extended day school programs must meet requirements set forth in this chapter. Any entity exempt from the requirements to be licensed but voluntarily chooses to obtain a license is subject to all provisions of this chapter.
(b) "Health" means that condition of being sound in mind and body and encompasses an individual's physical, mental and emotional welfare.
(c) "Safety" means that condition of being protected from hurt, injury or loss.
(d) "Person" means any person, firm, partnership, corporation or association.
(e) "Operator" means any person, acting individually or jointly with another person or persons, who establishes, owns, operates, conducts or maintains a child care facility. The child care facility license shall be issued in the name of the operator, or, if there is more than one (1) operator, in the name of one (1) of the operators. If there is more than one (1) operator, all statutory and regulatory provisions concerning the background checks of operators shall be equally applied to all operators of a facility including, but not limited to, a spouse who jointly owns, operates or maintains the child care facility regardless of which particular person is named on the license.
(f) "Personal care" means assistance rendered by personnel of the child care facility in performing one or more of the activities of daily living which includes, but is not limited to, the feeding, personal grooming, supervising and dressing of children placed in the child care facility.
(g) "Licensing
agency" means the Mississippi * * * Department of
Human Services.
(h) "Caregiver" means any person who provides direct care, supervision or guidance to children in a child care facility, regardless of title or occupation.
SECTION 4. Section 43-20-7, Mississippi Code of 1972, is amended as follows:
43-20-7. (1) There is
hereby created an advisory council which shall be appointed by the * * * Executive Director of
the Department of Human Services, who shall serve at the pleasure of the * * * Department of Human
Services.
(2) The advisory council shall consist of twelve (12) persons, six (6) of whom shall be licensed child care providers, and six (6) of whom shall represent child care professional organizations, child advocacy groups, child care associations or state agencies which provide child care funding, education or services. No more than four (4) members shall be appointed from any one (1) state Supreme Court district.
(3) It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of child care facilities and to advise the licensing agency on matters relative to the administration and interpretation of the provisions of this chapter.
(4) Members of the advisory council shall be reimbursed for mileage and expenses as is authorized by law.
SECTION 5. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after * * * July 1, 2027, the State
Board of Health shall work with the Department of Human Services to
develop regulations to ensure that all children enrolled or enrolling in a
state licensed child care center receive age-appropriate immunization against
invasive pneumococcal disease as recommended by the Advisory Committee on
immunization practices of the Centers for Disease Control and Prevention. The * * * Department of Human
Services shall include, within its regulations, protocols for children
under the age of twenty-four (24) months to catch up on missed doses. * * *
SECTION 6. Section 43-20-9, Mississippi Code of 1972, is brought forward as follows:
43-20-9. From and after August 1, 1972, no person acting individually or jointly with another person or persons shall establish, own, operate, conduct or maintain a child care facility in this state without a license issued under this chapter.
SECTION 7. Section 43-20-11, Mississippi Code of 1972, is amended as follows:
43-20-11. An application
for a license under this chapter shall be made to the licensing agency upon
forms provided by it, and shall contain such information as the licensing
agency may reasonably require. Each application for a license shall be
accompanied by a license fee not to exceed Four Hundred Dollars ($400.00),
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. Licenses shall be granted to applicants upon
the filing of properly completed application forms, accompanied by payment of
the license fee, and a certificate of inspection and approval by the fire
department of the municipality or other political subdivision in which the
facility is located, and by a certificate of inspection and approval by the
health department of the county in which the facility is located, and approval
by the licensing agency; except that if no fire department exists where the
facility is located, the State Fire Marshal shall certify as to the inspection
for safety from fire hazards. The fire, county health department and
licensing agency inspections and approvals shall be based upon regulations
promulgated by the licensing agency as approved by the * * * Department of Human
Services.
Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 8. Section 43-20-12, Mississippi Code of 1972, is amended as follows:
43-20-12. All fees
collected by the * * * Department of Human Services under this
chapter and any penalties collected by the * * * department for violations of this
chapter shall be deposited in a special fund hereby created in the State
Treasury and shall be used for the implementation and administration of this
chapter when appropriated by the Legislature for such purpose.
SECTION 9. Section 43-20-13, Mississippi Code of 1972, is brought forward as follows:
43-20-13. A license issued under the provisions of this chapter shall be renewed upon payment of a renewal fee not to exceed Four Hundred Dollars ($400.00) per year, and upon filing by the licensee of a report upon such uniform dates and upon forms provided by the licensing agency, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section 43-20-11.
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.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 10. Section 43-20-14, Mississippi Code of 1972, is amended as follows:
43-20-14. (1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2) Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in order to show cause why the license should not be denied or should be renewed.
(3) The licensing agency may suspend, revoke or restrict the license of any child care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child care facility;
(c) Violation of any of the provisions of this act or of the regulations governing the licensing and regulation of child care facilities promulgated by the licensing agency;
(d) Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility;
(e) Failure by the child care facility to comply with the provisions of Section 43-20-8(3) regarding background checks of caregivers; and
(f) Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section 43-20-8.
(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted.
(5) Any licensee who
disagrees with or is aggrieved by a decision of the Mississippi * * * Department of
Human Services in regard to the denial, refusal to renew, suspension,
revocation or restriction of the license of the licensee, may appeal to the
chancery court of the county in which the facility is located. The appeal
shall be filed no later than thirty (30) days after the licensee receives
written notice of the final administrative action by the * * * Mississippi
Department of Human Services as to the suspension, revocation or restriction
of the license of the licensee.
SECTION 11. Section 43-20-15, Mississippi Code of 1972, is amended as follows:
43-20-15. The licensing agency shall make or cause to be made inspections relative to compliance with the laws and regulations governing the licensure of child care facilities. Such inspections shall be made at least once a year, but additional inspections may be made as often as deemed necessary by the licensing agency.
SECTION 12. Section 43-20-17, Mississippi Code of 1972, is brought forward as follows:
43-20-17. Information in the possession of the licensing agency concerning the license of individual child care facilities may be disclosed to the public, except such information shall not be disclosed in such manner as to identify children or families of children cared for at a child care facility. Nothing in this section shall affect the agency's authority to release findings of investigations into allegations of abuse pursuant to either Section 43-21-353(8) or Section 43-21-257.
SECTION 13. Section 43-20-19, Mississippi Code of 1972, is brought forward as follows:
43-20-19. Any person establishing, conducting, managing or operating a child care facility without a license under this chapter after August 1, 1972, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for the first offense, and not more than Two Hundred Dollars ($200.00) for each subsequent offense.
SECTION 14. Section 43-20-21, Mississippi Code of 1972, is brought forward as follows:
43-20-21. Notwithstanding the existence of any other remedy, the licensing agency may, in the manner provided by law, in termtime or in vacation, upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the licensing agency in the proceedings, maintain an action in the name of the state for an injunction or other proper remedy against any person to restrain or prevent the establishment, conduct, management or operation of a child care facility without license under this chapter, or otherwise in violation of this chapter.
SECTION 15. Section 43-1-4, Mississippi Code of 1972, is amended as follows:
43-1-4. The Department of Human Services shall have the following powers and duties:
(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families.
(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.
(c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.
(d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.
(e) To fingerprint and conduct a background investigation on every employee, contractor, subcontractor and volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, (ii) who is in a position of fiduciary responsibility, (iii) who is in a position with access to Federal Tax Information (FTI), or (iv) who is otherwise required by federal law or regulations to undergo a background investigation. Every such employee, contractor, subcontractor and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the background investigation for determination as to good moral character and to ensure that no person placed in any position referenced in this paragraph has a felony conviction that would prevent employment or access to Federal Tax Information according to department policy. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a fingerprint-based national criminal history record check. The department shall be the recipient of the results of any background investigation and/or criminal history record check performed in accordance with this paragraph.
(f) (i) Administer and enforce the child care facility licensing laws of this state.
(ii) Should additional legislative action be necessary to assist the Department of Human Services in carrying out the duties established by this paragraph, the department shall submit a report to the Legislature no later than October 1, 2026, providing requests and recommendations regarding aid the department needs to administer and enforce the child care facility licensing laws of this state.
SECTION 16. Section 41-3-15, Mississippi Code of 1972, is amended as follows:
41-3-15. (1) (a) There shall be a State Department of Health.
(b) The State Board of Health shall have the following powers and duties:
(i) To formulate the policy of the State Department of Health regarding public health matters within the jurisdiction of the department;
(ii) To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, and as the board may deem necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
(v) To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
(vi) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(c) The Executive Officer of the State Department of Health shall have the following powers and duties:
(i) To administer the policies of the State Board of Health within the authority granted by the board;
(ii) To supervise and direct all administrative and technical activities of the department, except that the department's internal auditor shall be subject to the sole supervision and direction of the board;
(iii) To organize the administrative units of the department in accordance with the plan adopted by the board and, with board approval, alter the organizational plan and reassign responsibilities as he or she may deem necessary to carry out the policies of the board;
(iv) To coordinate the activities of the various offices of the department;
(v) To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
(vi) To recommend to the board such studies and investigations as he or she may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;
(vii) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the board may have;
(viii) To prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of the work of the department on reducing Mississippi's infant mortality and morbidity rates and improving the status of maternal and infant health; and
(ix) To enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if he or she finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature. Each contract or agreement entered into by the executive officer shall be submitted to the board before its next meeting.
(2) The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.
(4) The State Board of Health shall have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for those services; however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount that the person is able to pay. Any increase in the fees charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require that a permit be obtained from the Department of Health before those persons begin operation. If any such person fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. However, the department is not authorized to impose a monetary penalty against any person whose gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00). Money collected by the board under this subparagraph (ii) shall be deposited to the credit of the State General Fund of the State Treasury.
(g) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
(h) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
(i) To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.
(j) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, those programs may include, but shall not be limited to, programs in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
* * *
( * * *viii) Radiological health;
( * * *ix) Dental health;
( * * *x) Milk sanitation;
( * * *xi) Occupational safety and health;
( * * *xii) Food, vector control and
general sanitation;
( * * *xiii) Protection of drinking water;
( * * *xiv) Sanitation in food handling
establishments open to the public;
( * * *xv) Registration of births and
deaths and other vital events;
( * * *xvi) Such public health programs
and services as may be assigned to the State Board of Health by the Legislature
or by executive order; and
( * * *xvii) Regulation of domestic and
imported fish for human consumption.
(b) [Deleted]
(c) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
(6) (a) The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.
(b) The State Board of Health shall have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that those costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, those fees may not exceed five percent (5%) of the loan amount.
(7) [Deleted]
(8) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(9) [Deleted]
(10) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(11) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
(12) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
(13) Additionally, the State Board of Health and the State Health Officer each are authorized and directed to study the status of health care, in its broadest sense, throughout the state. The study should include challenges such as access to care; the cost of care; indigent care; providing health care to the incarcerated; the availability of health care workers, paraprofessionals, and professionals; the effects of unhealthy lifestyle choices; the consequences of health care facilities locating in affluent and urban areas to the detriment of less affluent areas, small towns, and rural areas; and negative trends which may cause ill effects if they continue. The study shall also include opportunities to improve health care, such as greater coordination among state agencies, local governments, and other entities which provide various types of health care; methods of increasing the health care workforce; and methods to increase the location of health care facilities in distressed areas, rural areas, and small towns. All state agencies, the Legislative Budget Office and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) are directed to assist the department in developing this study. This provision does not by itself grant any additional power to the State Board of Health or the State Health Officer to require any entity to operate differently. It does, however, empower and direct them to obtain information and make recommendations, and it does require all entities to cooperate with the board and health officer as they seek information.
SECTION 17. Section 41-3-65, Mississippi Code of 1972, is amended as follows:
41-3-65. (1) Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing a service, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period from July 1, 2016, through June 30, 2020, with the percentage of each increase being not more than fifteen percent (15%) of the amount of the fee in effect at the time of the increase.
(2) The Department of Human Services shall follow the fees for service charging guidelines as provided in subsection (1) of this section, when administering and executing the child care facility licensing laws of this state.
SECTION 18. This act shall take effect and be in force from and after July 1, 2027.