MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare

By: Senator(s) Huggins

AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN MINIMUM REQUIREMENTS RELATING TO THE LICENSURE OF PERSONAL CARE HOMES AND THE LICENSURE OF NURSING FACILITIES DESIGNATED AS ALZHEIMER'S/DEMENTIA CARE UNITS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-11-13, Mississippi Code of 1972, is amended as follows:

43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed hereunder as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in such institutions in the interest of public health, safety and welfare. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and said book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of such rules, regulations and standards, the licensing agency shall mail copies thereof to all such institutions in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in nowise affect the validity thereof. Said rules, regulations and standards may be amended by the licensing agency from time to time as necessary to promote the health, safety and welfare of persons living in said institutions.

(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.

(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.

(4) The State Board of Health shall promulgate rules and regulations providing for sufficient staff to meet the needs of residents in personal care homes. Personnel shall be employed and on duty, awake and fully dressed to provide personal care to the residents. The following staffing ratio shall apply: For Level I facilities: (a) one (1) resident attendant per ten (10) or fewer residents for the hours of 7 a.m. until 3 p.m.; (b) one (1) resident attendant per fifteen (15) or fewer residents for the hours of 3 p.m. until 11 p.m.; (c) one (1) resident attendant per twenty-five (25) or fewer residents for the hours of 11 p.m. until 7 a.m.; (d) Level I facilities shall have a licensed nurse on the premises from 7 a.m. until 7 p.m. and may be included in the resident attendant ratio; (e) for instances where a resident is unable to self-administer prescription medication during the 7 p.m. until 7 a.m. timeframe, a licensed nurse must be present to administer the prescription medication; and (f) nursing activities must comply with Mississippi Board of Nursing regulation. For Level II facilities: (a) one (1) resident attendant per ten (10) residents for the hours of 7 a.m. until 6 p.m.; and (b) sufficient staff shall be present to meet the personal care needs of the residents for the hours of 6 p.m. until 7 a.m.