MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Public Health and Welfare
By: Senator(s) Dawkins, Horhn, Williamson, Walls, Jackson (11th), Jordan, Simmons, Jackson (32nd)
AN ACT TO AMEND SECTION 41-3-1, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE MEMBERSHIP OF THE STATE BOARD OF HEALTH; 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 their terms expire. As a board member's term expires, the new appointee shall be selected based on the following consideration of an appointee's residence so that by July 1, 2008, 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:
(a) Three (3) members of the board shall be licensed medical doctors of good professional standing who shall have had at least seven (7) years' experience in the practice of their profession in this state. Of the three (3), one (1) shall be appointed from each of the Mississippi Supreme Court Districts.
(b) One (1) member shall be a licensed, registered and practicing dentist appointed from the state at large, who shall have had at least seven (7) years' experience in the practice of his profession in this state.
(c) One (1) member shall be a licensed, registered and practicing nurse appointed from the state at large, who shall have had at least seven (7) years' experience in the practice of nursing in this state.
(d) One (1) member shall be a licensed and practicing pharmacist appointed from the state at large, who shall have had at least seven (7) years' experience in the practice of pharmacy in this state.
(e) One (1) member shall be a licensed and practicing veterinarian appointed from the state at large, who shall have had at least seven (7) years' experience in the practice of veterinary medicine in this state.
(f) One (1) member shall be a practicing hospital administrator who shall have had at least seven (7) years' experience in the practice of his profession preceding his appointment.
(g) One (1) member shall be a licensed and practicing professional engineer or a registered and practicing sanitarian who shall have had at least seven (7) years' experience in the practice of his profession in this state.
(h) One (1) member shall be a licensed and practicing chiropractor, who shall have had at least seven (7) years' experience in the practice of his profession in this state.
(i) Three (3) members shall be consumer representatives with an interest in public, one (1) appointed from each of the three (3) Mississippi Supreme Court Districts, and one (1) of whom shall be over sixty (60) years old and represent the elderly.
It is the intent of the Legislature that the membership of the board reflect the population of the State of Mississippi.
(2) A member of the board shall serve for a term of six (6) years from the expiration of the previous term and thereafter until his or her successor is duly appointed. 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 and thereafter until his or her successor is duly appointed.
(3) There shall be a Joint Oversight Committee of the Mississippi State Department of Health composed of the respective chairmen of the Senate Public Health and Welfare Committee, the Senate Appropriations Committee, the House Public Health and Human Services Committee and the House Appropriations Committee, two (2) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and two (2) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and House members, with the Chairman of the Senate Public Health and Welfare Committee serving as the first chairman. The committee shall meet once each month, or upon the call of the chairman at such times as he deems necessary or advisable, and may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the Mississippi State Department of Health. The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend such meetings of the oversight committee. For attending meetings of the oversight committee, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the oversight committee will be paid while the Legislature is in session, and without prior approval of the proper committee in their respective houses.
(4) It shall be unlawful for any member of the State Board of Health, or any employee of the State Department of Health, to knowingly accept any gift, money or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative of any public or private entity that shall come under the jurisdiction or supervision of the State Department of Health. Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00), or imprisoned in the State Penitentiary for not less than one (1) year, or both.
SECTION 2. This act shall take effect and be in force from and after its passage.