MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representatives Hopkins, Criswell
AN ACT TO REPEAL SECTION 41-3-59, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES CRIMINAL PENALTIES FOR VIOLATIONS OF CERTAIN PUBLIC HEALTH STATUTES AND RULES AND REGULATIONS ADOPTED BY THE STATE BOARD OF HEALTH FOR THE PREVENTION OF DISEASE AND PROTECTION OF HEALTH; TO REPEAL SECTION 41-23-2, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES CRIMINAL PENALTIES FOR VIOLATIONS OF ORDERS ADOPTED BY THE STATE HEALTH OFFICER BY PERSONS AFFLICTED WITH A LIFE-THREATENING COMMUNICABLE DISEASE; TO AMEND SECTIONS 13-1-21, 41-9-65, 41-67-28 AND 75-29-951, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-3-59, Mississippi Code of 1972, which establishes criminal penalties for violations of certain public health statutes and rules and regulations adopted by the State Board of Health for the prevention of disease and protection of health, is repealed.
SECTION 2. Section 41-23-2, Mississippi Code of 1972, which establishes criminal penalties for violations of orders adopted by the State Health Officer by persons afflicted with a life-threatening communicable disease, is repealed.
SECTION 3. Section 13-1-21, Mississippi Code of 1972, is amended as follows:
13-1-21. (1) All communications made to a physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one seeking professional advice are hereby declared to be privileged, and such party shall not be required to disclose the same in any legal proceeding except at the instance of the patient or, in case of the death of the patient, at the instance of his personal representative or legal heirs in case there be no personal representative, or except, if the validity of the will of the decedent is in question, at the instance of the personal representative or any of the legal heirs or any contestant or proponent of the will.
(2) Waiver of the medical
privilege of patients regarding the release of medical information to health
care personnel, the State Board of Health or local health departments, made to
comply with Sections 41-3-15 * * * and 41-23-1 * * * and related rules,
shall be implied. The medical privilege likewise shall be waived to allow any
physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist,
optometrist or chiropractor to report to the State Department of Health
necessary information regarding any person afflicted with any communicable
disease or infected with the causative agent thereof who neglects or refuses to
comply with accepted protective measures to prevent the transmission of the
communicable disease.
(3) Willful violations of the provisions of this section shall constitute a misdemeanor and shall be punishable as provided for by law. Any physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist, or chiropractor shall be civilly liable for damages for any willful or reckless and wanton acts or omissions constituting such violations.
(4) In any action commenced or claim made after July 1, 1983, against a physician, hospital, hospital employee, osteopath, dentist, nurse, pharmacist, podiatrist, optometrist or chiropractor for professional services rendered or which should have been rendered, the delivery of written notice of such claim or the filing of such an action shall constitute a waiver of the medical privilege and any medical information relevant to the allegation upon which the cause of action or claim is based shall be disclosed upon the request of the defendant, or his or her counsel.
(5) In any disciplinary action commencing on or after July 1, 1987, against a medical physician, an osteopathic physician or a podiatrist pursuant to the provisions of Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 and 73-27-1 through 73-27-19, waiver of the medical privilege of a patient to the extent of any information other than that which would identify the patient shall be implied.
SECTION 4. Section 41-9-65, Mississippi Code of 1972, is amended as follows:
41-9-65. (1) Hospital
records are and shall remain the property of the various hospitals, subject however
to reasonable access to the information contained in the records upon good
cause shown by the patient, his personal representatives or heirs, his attending
medical personnel and his duly authorized nominees, and upon payment of any
reasonable charges for that service. Nothing in this section shall be
construed to deny access to hospital records by representatives and officials
of the State Department of Health, in the discharge of their official duties,
under Sections 41-3-15 * * *
and 41-23-1 * * *.
(2) Nothing in this section shall be construed to prevent an heir from obtaining access to a decedent's medical records under Section 41-10-3.
SECTION 5. Section 41-67-28, Mississippi Code of 1972, is amended as follows:
41-67-28. (1) Except as
otherwise provided in this chapter, any person who shall knowingly violate this
chapter or any rule or regulation or written order of the board in pursuance
thereof is, upon conviction, guilty of a misdemeanor * * *.
(2) Each day of a continuing violation is a separate violation.
(3) (a) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases an individual on-site wastewater disposal system and suffers any ascertainable loss of money or property, real or personal, may bring an action at law in the court having jurisdiction in the county in which the installer or manufacturer has the principal place of business, where the act allegedly occurred, to recover any loss of money or damages for the loss of any property resulting from any of the following:
(i) Improper installation of an individual on-site wastewater disposal system due to faulty workmanship;
(ii) Failure of an individual on-site wastewater disposal system to operate properly due to failure to install the system in accordance with any requirements of the manufacturer or in compliance with any rules and regulations of the board; or
(iii) Failure of an individual on-site wastewater disposal system to operate properly due to installation.
(b) Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.
(4) A person who violates this chapter thereby causing a discharge off the property of the generator shall be liable to the party aggrieved or damaged by that violation for the actual damages and additional punitive damages equal to a maximum of twenty-five percent (25%) of the actual damages proven by the aggrieved party, to be taxed by the court where the suit is heard on an original action, by appeal or otherwise and recovered by a suit at law in any court of competent jurisdiction. In addition, the court may award the prevailing party reasonable attorney's fees and court costs. Before filing suit, the party aggrieved or damaged must give thirty (30) days' written notice of its intent to file suit to the alleged violator.
(5) (a) Any person who violates Section 41-67-7(5) or 41-67-11(2) may be assessed an administrative fine in the amount of Five Hundred Dollars ($500.00), and the public water system may discontinue service to that property owner until the failure to comply with Section 41-67-7(5) or 41-67-11(2) has been corrected.
(b) All violators shall be given thirty (30) days' notice before any adverse action.
(c) Any violator shall have the right to appeal an adverse determination through the procedures set out in Section 41-67-29.
SECTION 6. Section 75-29-951, Mississippi Code of 1972, is amended as follows:
75-29-951. (1) (a) A cottage food operation must comply with the applicable requirements of this section but is exempt from the permitting requirements of Section 41-3-18 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed Thirty-five Thousand Dollars ($35,000.00).
(b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales.
(2) A cottage food operation may not sell cottage food products over the Internet, by mail order, or at wholesale or to a retail establishment; however, this does not prohibit the advertising of cottage food products over the Internet, including through social media. Cottage food products are nonpotentially hazardous food products as defined by the department.
(3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:
(a) The name and address of the cottage food operation;
(b) The name of the cottage food product;
(c) The ingredients of the cottage food product, in descending order of predominance by weight;
(d) The net weight or net volume of the cottage food product;
(e) Allergen information as specified by federal labeling requirements;
(f) Appropriate nutritional information as specified by federal labeling requirements, if any nutritional claim is made; and
(g) The following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations."
(4) This section does not exempt a cottage food operation from any federal tax law, rule, regulation, or certificate that applies to all cottage food operations.
(5) (a) The department may investigate any complaint that alleges that a cottage food operation has violated an applicable provision of this section or rule adopted under this section.
(b) Only upon receipt
of a complaint, the department's authorized officer or employee may enter and
inspect the premises of a cottage food operation to determine compliance with
this section and department rules. A cottage food operation's refusal to permit
the department's authorized officer or employee entry to the premises or to
conduct the inspection is grounds for disciplinary action * * *.
(6) This section does not apply to a person operating under a food permit issued pursuant to Section 41-3-18.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.