MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Senator(s) Harden

AN ACT TO AMEND SECTION 41-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONE MEMBER OF THE STATE BOARD OF HEALTH SHALL BE A CHILD CARE FACILITY PROVIDER; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL NOT BE AUTHORIZED TO ISSUE MINIMUM STAFF EDUCATION STANDARDS, TEACHER-PUPIL RATIOS OR CORE CURRICULUM REQUIREMENTS FOR LICENSED CHILD CARE FACILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-3-1, Mississippi Code of 1972, is amended as follows:

41-3-1. (1) The present members of the State Board of Health shall continue to serve until July 1, 1980, whereupon the board shall be reconstituted as follows:

There is hereby created the State Board of Health which shall consist of thirteen (13) members, appointed by the Governor with the advice and consent of the Senate, as hereinafter set forth: two (2) of whom shall be from each congressional district as constituted on January 1, 1980, and three (3) of whom shall be from the state at large. The members so appointed shall either be engaged professionally in rendering health services or shall be consumers of health services who have no financial interest in any provider thereof. At least one (1) appointee shall be an owner or director of a licensed child care facility. All appointees shall be persons knowledgeable in at least one (1) of the matters of jurisdiction of the board.

(2) The original appointments of the reconstituted board shall be made no later than June 30, 1980, for terms to begin on July 1, 1980. The Governor shall designate the initial terms of the members of the board as follows: Four (4) members shall be appointed for a term which expires July 1, 1982; four (4) members shall be appointed for a term which expires July 1, 1984; and five (5) members shall be appointed for a term which expires July 1, 1986. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term. Vacancies in office shall be filled by appointment of the Governor in the same manner as the appointment to the position which becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.

SECTION 2. 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 herein; provided, however, that the licensing agency shall specifically not be authorized to establish minimum education standards for administrators or teachers, minimum teacher-pupil ratios or minimum core curriculum requirements at child care facilities for licensure purposes;

(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; 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.

(3) Child care facilities shall require that current felony conviction record information is obtained and that current sex offense criminal history record information and child abuse registry checks are obtained, as provided in Section 45-31-1 et seq., and that such criminal record information and registry checks are on file for any employee or applicant for employment at such child care facility. 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.

(4) The licensing agency shall require to be performed a felony conviction records check, a sex offense criminal records check and a child abuse registry check for any owner/operator of a child care facility and any person living in a residence used for child care. 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.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.