MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education; Appropriations A
By: Representatives Creekmore IV, Hulum
AN ACT TO BE KNOWN AS THE MISSISSIPPI FARM AND FOOD SECURITY ACT OF 2026; TO AMEND SECTIONS 37-13-131 THROUGH 37-13-137, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE COMPREHENSIVE SCHOOL HEALTH EDUCATION PROGRAM, TO ENHANCE NUTRITION EDUCATION AND PROGRAM REQUIREMENTS; TO CREATE NEW SECTION 43-1-42, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MISSISSIPPI FARM TO FOOD BANK PROGRAM TO SUPPORT THE PROCUREMENT AND DISTRIBUTION OF LOCAL FOODS BY MISSISSIPPI FOOD BANKS; TO AMEND SECTION 69-1-353, MISSISSIPPI CODE OF 1972, TO CLARIFY TERMS AND DEFINITIONS; TO CREATE NEW SECTION 69-1-355, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MISSISSIPPI FARM, FOOD, AND NUTRITION COMMISSION TO BETTER FACILITATE THE PROCUREMENT, PURCHASE AND USE OF LOCALLY GROWN AND LOCALLY RAISED AGRICULTURAL PRODUCTS THROUGHOUT THE STATE, TO SUPPORT THE STATE ECONOMY BY BROADENING MARKET OPPORTUNITIES FOR LOCAL FARMERS AND PRODUCERS, AND TO INCREASE AVAILABILITY OF LOCALLY GROWN OR RAISED FRESH FRUITS AND VEGETABLES AND AGRICULTURAL PRODUCTS; TO AMEND SECTION 73-25-14, MISSISSIPPI CODE OF 1972, TO REQUIRE CONTINUING MEDICAL EDUCATION RELATING TO NUTRITION AND METABOLIC HEALTH FOR RENEWAL OF PHYSICIANS' LICENSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short title. This act shall be known and may be cited as the "Mississippi Farm and Food Security Act of 2026."
SECTION 2. Purpose. Notwithstanding any general or specific laws to the contrary, it is the intent of the Legislature for the State of Mississippi to enhance its nutrition programs and food systems through stakeholder collaboration and interagency coordination to expand economic opportunities for Mississippi farmers and ranchers and improve population health outcomes.
SECTION 3. Section 37-13-131, Mississippi Code of 1972, is amended as follows:
37-13-131. (1) The State Department of Education is designated as the state agency responsible for the administration and supervision of the Comprehensive School Health and Nutrition Education Program as an educational curriculum in the State of Mississippi. It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of comprehensive school health and nutrition education shall be administered by the State Department of Education.
(2) Pursuant to the provisions of subsection (1) of this section, the State Department of Education is authorized to establish an Office of Comprehensive School Health and Nutrition Education within the framework of the State Department of Education for the purpose of developing standards, procedures and criteria for the administration and supervision of a statewide program of health and nutrition education in Kindergarten through Grade 12. The State Department of Education, through the Office of Comprehensive School Health and Nutrition Education, shall assume the further responsibility for promoting a statewide effort designed to prepare local school faculties and staffs to incorporate the comprehensive health and nutrition education concept into their local educational programs.
(3) The Mississippi
Department of Health, in conjunction with the Office of Student Development-Branch
of Health-Related Services of the State Department of Education, shall develop
a long-range strategic plan for a Comprehensive School Health and Nutrition
Education Program in Grades K through 12. The Comprehensive School Health and
Nutrition Education Program shall encompass four (4) interdependent
components: (a) health and nutrition education; (b) health service; (c)
physical education and fitness; and (d) a healthful school environment. These
curriculum components shall be designed to develop decision-making competencies
related to health and health behavior. Such curriculum components are intended
to motivate health maintenance and promote wellness, not only to prevent
disease or disability. The Mississippi Department of Health, in conjunction
with the Office of Student Development-Branch of Health-Related Services of the
Department of Education and the Mississippi Farm, Food and Nutrition
Commission established in Section 69-1-355, shall develop * * * an updated strategic plan and make a
report thereon to the Governor and the Legislature on or before January 1, * * * 2027.
SECTION 4. Section 37-13-133, Mississippi Code of 1972, is amended as follows:
37-13-133. Under the
provisions of Section 37-13-131, the State Department of Education may provide
for the services of a School Health Services Coordinator, School Instruction
Coordinator, School Environmental Specialist, and such other professional and
nonprofessional staff as may be needed and as available funds * * *, including, but not limited, to
the Rural Health Transformation Fund, Public Law No. 119-21, to the
department will permit. The State Department of Education, subject to the
availability of funds specifically for such purpose, shall employ a physical
activity coordinator K-12 not later than sixty (60) days after receipt of such
funds, in accordance with the provisions of Section 37-13-134. It shall be the
responsibility of that professional staff to coordinate efforts of the
personnel of the State Department of Education, the state's colleges and
universities, local public schools and other appropriate agencies to collaborate
with the Mississippi Farm, Food and Nutrition Commission established in Section
69-1-355 and provide * * * a comprehensive health and
nutrition education curriculum that is based on the most recent scientific
principles regarding good human health and nutrition.
SECTION 5. Section 37-13-134, Mississippi Code of 1972, is amended as follows:
37-13-134.
(1) The Legislature recognizes that there is a problem with Mississippi * * * students'
health and overall wellness, and therefore requires the following
guidelines for school district physical education, health and nutrition
education, and physical activity and fitness classes:
(a) Kindergarten
through Grade 8: * * *
(i) Thirty (30) minutes of moderate or vigorous physical activity-based instruction daily; or
(ii) One hundred fifty (150) minutes of physical activity-based instruction weekly; or
(iii) Two hundred twenty-five (225) minutes of physical activity-based instruction every two (2) weeks under block scheduling; and
(iv) Forty-five (45) minutes per week of health and nutrition education instruction, as defined by the State Board of Education and in consultation with the Mississippi Farm, Food and Nutrition Commission established in 69-1-355, that shall include, but not be limited to, the curriculum provided through the Team Nutrition Initiative of the United States Department of Agriculture, Food and Nutrition Service (FNS).
(b) Grades 9 through 12:
(i) One-half
(1/2) Carnegie unit requirement in physical education or physical activity for
graduation * * *;
and
(ii) One-half (1/2) Carnegie unit requirement of health and nutrition education for graduation, as defined by the State Board of Education, that shall include, but not be limited to:
1. Health literacy;
2. Public health concepts;
3. Culinary skills;
4. Nutrition and metabolic health;
5. Local food systems;
6. Consumer awareness;
7. Best-practices for agricultural production; and
8. The Child and Youth Prevalence of Obesity
Survey (CAYPOS).
(iii) Beginning with the 2015-2016 Ninth Grade class, an instructional component on the proper administration of cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) shall be included as part of the physical education or health and nutrition education curriculum. The curricula shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use of an automated external defibrillator as follows:
* * *1. An instructional program
developed by the American Heart Association or the American Red Cross;
* * *2. An instructional program which
is nationally recognized and is based on the most current national evidence-based
Emergency Cardiovascular Care guidelines for cardiopulmonary resuscitation and
the use of an automated external defibrillator;
* * *3. A licensed teacher shall not be
required to be a certified trainer of cardiopulmonary resuscitation, to
facilitate, provide or oversee such instruction for noncertification; and
* * *4. Courses which result in a
certification being earned must be taught by an authorized CPR/AED instructor.
For purposes of this paragraph (b)(iii), the term "psychomotor skills" means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as "psychomotor skills."
The requirements of this paragraph (b) shall be minimum requirements. Any local school district shall be authorized to offer CPR and AED instruction for longer periods of time than required herein, and may enhance the curriculum and training components.
(c) The State Department of Education shall develop guidance on nutrition standards for Kindergarten through Grades 8 based on and in compliance with federal standards and recommendations, and shall be developed in consultation with the Mississippi Farm, Food and Nutrition Commission.
(d) Except for disciplinary action involving the alternative school program, suspension, or expulsion, student participation in physical activity-based instruction or activities shall not be denied or withheld for disciplinary purposes.
( * * *e) The State Department of Education
shall establish a procedure for monitoring adherence by school boards to the
requirements set forth in this section.
All instruction * * * must be based on the most current state standards provided
by the State Department of Education and shall prioritize structured
physical education, health and nutrition education and physical activity that
are in alignment with the principles, metrics, and goals of the Presidential
Fitness Test with consideration for medical status and health outcomes.
(2) Beginning with the 2006-2007
school year, each local school board shall, consistent with regulations adopted
by the State Board of Education, adopt a school wellness plan which shall
promote a healthy lifestyle for Mississippi's school children and staff.
Beginning with the * * *
2026-2027 school year, the school wellness plan shall also promote
increased physical activity, greater access to nutritious foods and
community resources, healthy eating habits and abstinence from the use of
tobacco and illegal drugs through programs that incorporate healthy lifestyle
choices into core subject areas which may be developed in partnership with the
Institute for America's Health.
(3) Beginning with the 2012-2013 school year, the State Board of Education, in consultation with the State Department of Health, shall have the authority to establish a school health pilot program to improve student health so that all students can fully participate and be successful in school. The school health pilot program shall be implemented in local school districts, as provided in Section 37-13-134.1.
(4) The Legislature shall appropriate sufficient state-source funds for the State Department of Education to employ a physical activity coordinator to assist districts on current and effective practices and on implementation of physical education and physical activity programs.
(5) The physical activity coordinator employed under Section 37-13-133 must have the qualifications prescribed in any of the following paragraphs, which are listed in the order of preference:
(a) A doctorate in physical education, exercise science or a highly related field, and at least three (3) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
(b) A master's degree in physical education, exercise science or a highly related field, and at least five (5) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
(c) A bachelor's degree in physical education, a teacher's license, and at least seven (7) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership.
(6) The Governor's Commission on Physical Fitness and Sports created under Section 7-1-551 et seq., the Mississippi Council on Obesity Prevention and Management created under Section 41-101-1 et seq., the Task Force on Heart Disease and Stroke Prevention created under Section 41-103-1 et seq., the Mississippi Alliance for Health, Physical Education, Recreation and Dance, and the Mississippi Alliance for School Health shall provide recommendations to the State Department of Education regarding the employment of the physical activity coordinator. The department shall consider the recommendations of those entities in employing the physical activity coordinator.
(7) The Mississippi Farm, Food and Nutrition Commission may provide resources, recommendations and strategic planning for implementing the health and nutrition education curriculum to the State Department of Education, Office of Healthy Schools and Office of Child Nutrition. Resources may include, but not be limited to, the Child and Youth Prevalence of Obesity Survey (CAYPOS) and any other data and information regarding population health outcomes that are geographically relevant to the school or school district.
( * * *8) The physical activity coordinator
shall present a state physical activity plan each year to the Governor's
Commission on Physical Fitness and Sports, the Mississippi Council on Obesity
Prevention and Management, the Task Force on Heart Disease and Stroke
Prevention, the Mississippi Alliance for Health, Physical Education, Recreation
and Dance, and the Mississippi Alliance for School Health.
(9) The State Department of Education, Office of Healthy Schools and Office of Child Nutrition shall report implementation plans and progress reports each year to the Mississippi Farm, Food and Nutrition Commission and to the chair of the Public Health and Human Service Committee of the House of Representatives and the chair of the Public Health and Welfare Committee of the Senate to support and ensure proper implementation and sustainability of school health policies and standards.
( * * *10) The physical activity coordinator
shall monitor the districts for adherence to current Mississippi school
accountability standards and for implementation of the physical education
curriculum on file with the State Department of Education. The State
Department of Education shall monitor and act as a clearinghouse for the
activities of the local school health councils established pursuant to
subsection * * *(11)
of this section.
( * * *11) (a) The local school board of each
school district shall establish a local school health council for each school
which shall ensure that local community values are reflected in the local
school's wellness plan to address * * * student health and well being.
Such councils shall be established no later than November 1, 2006.
(b) The local school health council's duties shall include, but not be limited to, the following:
(i) * * * Recommending age-appropriate
curriculum and the number of hours of instruction to be provided in health and nutrition
education, and supporting the adoption of the Mississippi Department of
Education's "Move to Learn" Program for physical activity-based
education, provided that the number of hours shall not be less than that
required by this section;
(ii) * * * Recommending appropriate
practices for instruction that include a coordinated approach to school
health and nutrition designed to prevent obesity, cardiovascular
disease, Type II diabetes and other health risks, through coordination of:
1. Health education;
2. Physical education;
3. Nutritional services;
4. Parental/Community involvement;
5. Instruction to prevent the use of tobacco, drugs and alcohol;
6. Physical activity;
7. Health services;
8. Healthy environment;
9. Counseling and psychological services;
10. Healthy lifestyles; and
11. Staff wellness.
(iii) * * * Providing guidance on the
development and implementation of the local school wellness plan to the
local school boards and the State Department of Education.
(c) The local school
board shall * * *
provide recommendations for members * * * of the local school health council * * *,
and may appoint one (1) person from each of the following groups:
(i) Parents who are not employed by the school district;
(ii) The director of local school food services;
(iii) Public schoolteachers;
(iv) Public school administrators;
(v) District students;
(vi) Health care professionals;
(vii) The business community;
(viii) Law enforcement certified in Mental Health First Aid;
(ix) Senior citizens;
(x) * * * Faith-based organizations;
(xi) Nonprofit health organizations; and
(xii) * * * Local
farmers' markets or food support organization(s).
( * * *12) Nothing in this section shall be
construed to prohibit or limit the sale or distribution of any food or beverage
item through fund-raisers conducted by students, teachers, school groups, or
parent groups when the items are intended for sale off the school campus.
SECTION 6. Section 37-13-134.1, Mississippi Code of 1972, is amended as follows:
37-13-134.1. (1) Subject
to available funding, including, but not limited to, funds from the Rural
Health Transformation Fund, Public Law No. 119-21, the State Department of
Education, in consultation with the State Department of Health and the
Mississippi Farm, Food and Nutrition Commission established in Section 69-1-355,* * * may establish the school health
grant pilot program to improve student health by assisting local school
districts in * * * the development and implementation of a five-year strategic
plan for the establishment of local school wellness plans and any other
components of the school health and nutrition program. In order to
qualify for a school health grant, a school district shall submit a detailed
implementation plan, developed in accordance with the guidelines for a school
health program developed by the State Department of Education, and including
the following components:
(a) A dedicated school health coordinator and technical and administrative support for collection of data and program evaluation.
(b) A description of how the school district currently addresses physical activity, nutrition, and other obesity prevention measures.
(c) A description of how the agency would use the state grant to augment what it is currently doing, including defining priorities based on the students' health need and meeting education performance indicators, developing an action plan for addressing those needs based on realistic goals and measurable objectives, establishing a timeline for implementation, and developing and maintaining a system to evaluate progress and outcomes for the program.
(d) All school districts receiving grants will report annually to the State Department of Education progress towards the achievement of state education performance indicators and standards and requirements relating to physical activity and nutrition.
(2) The amount in the coordinated school health grant pilot program shall be limited to the amount appropriated and shall be available to school districts based on the guidelines developed by the State Department of Education.
(3) Any grants made to school district shall be expended to supplement and not supplant any funds already expended as school health programs. For this purpose, expenditures of components enumerated in subsection (2) of this section for the current fiscal year shall be considered the base expenditure on school health and any school district receiving grant funds shall maintain this base.
(4) There is created in the State Treasury a fund into which any public or private funds from any source shall be deposited for the support of the activities of coordinated school health grant pilot program.
(5) State grants are only for coordination and improvement of school health programs to improve student health in accordance with the detailed plan submitted in accordance with subsection (2) of this section.
(6) The State Department of Education and the State Department of Health shall coordinate existing school health programs, grants and initiatives. To the extent possible, interagency support, existing contracts and waiver requirements and funding, including, but not limited to, Medicaid funding or funds from the Rural Health Transformation Fund, Public Law No. 119-21, shall also be coordinated.
(7) The use of grant funds shall be subject to audit by the Office of the State Auditor.
SECTION 7. Section 37-13-135, Mississippi Code of 1972, is amended as follows:
37-13-135. (1) In addition to all other authority, duties and powers the school boards of the school districts of this state may now have, each is authorized and empowered to adopt plans for the implementation of the updated Comprehensive School Health and Nutrition Education Program into the local school curriculum.
(2) School boards shall appoint a local health education council to make recommendations regarding a comprehensive health and nutrition education curriculum, and shall report those recommendations and its progress toward implementation to the State Department of Education and the Mississippi Farm, Food and Nutrition Commission established in 69-1-355.
(3) There shall be
cooperation between the State Department of Education, * * *
Office of Child Nutrition and Office of Healthy Schools, any relevant
agency, office or program of the state, and the school boards of the
several school districts in implementing this program as it best suits the
needs of the individual districts.
(4) The Commission on School Accreditation shall encourage the development of plans of comprehensive school health and nutrition education and the implementation thereof.
SECTION 8. Section 37-13-137, Mississippi Code of 1972, is amended as follows:
37-13-137. (1) For the purposes of this section, the following terms shall be defined as provided in this subsection:
(a) "Household meal application" means an application for a child of a household to receive free or reduced price school lunches as defined in 42 USC Section 1758.
(b) "Enrolled student" means a student who is enrolled in and attending schools participating in the community eligibility provision and who has access to at least one (1) meal service (breakfast or lunch) daily.
(c) "Identified student" means:
(i) Any student with access to at least one (1) meal service who are not subject to verification as prescribed in 7 CFR Section 245.6a(c)(2);
(ii) Any student who is directly certified for free meals based on the student's participation in the Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) or based on Medicaid income data; or
(iii) Any homeless, runaway or migrant school-aged individual, Head Start student, or foster child, who is approved as categorically eligible for free meals by means other than an individual household meal application.
(d) "Identified student percentage" means a percentage determined by dividing the number of identified students as of a specified period of time by the number of enrolled students as of the same period of time and multiplying the quotient by one hundred (100). With assistance from the State Department of Education, the identified student percentage may be calculated for and determined by an individual participating school, a group of participating schools in the local educational agency, or in the aggregate for the entire local educational agency if all schools participate, following procedures established in United States Department of Agriculture, Food and Nutrition Service (FNS) guidance.
(e) "Sugar sweetened beverages (SSBs)" is defined as any nonalcoholic beverage, whether carbonated or noncarbonated, sold for human consumption that contains any added sugar. SSBs as defined in this paragraph shall not include the following:
(i) Beverages in which milk is the primary ingredient or the first listed ingredient on the label of the beverage, or soy, rice or similar milk substitute. For the purpose of this paragraph, "milk" means natural liquid milk regardless of animal or plant source or butterfat content; natural milk concentrate, whether or not reconstituted; or dehydrated natural milk, whether or not reconstituted;
(ii) One hundred percent (100%) juice or one hundred percent (100%) juice plus water, including those made from frozen, freeze-dried or concentrate with no added sugars;
(iii) Beverages with less than five (5) grams of added sugar or other caloric sweeteners per eight (8) ounces;
(iv) Infant formula; or
(v) Medically necessary foods and beverages.
(2) In collaboration
with the Mississippi Farm, Food and Nutrition Commission, the State Board
of Education shall adopt regulations for the promotion of healthy lifestyle
behaviors and consumption of nutritious foods as provided in this section
not later than * * * July 1, 2027, which shall be effective for compliance
by school districts beginning with the * * * 2027-2028 school year,
for the * * * National School
Lunch Program and School Breakfast Program that are not in conflict with
the regulations of the United States Department of Agriculture (USDA). The
regulations shall take into account the most recent and advanced scientific
principles regarding good human health, * * * nutrition and well-being,
and the * * *
intent of the regulations * * * shall be that the * * * health, nutrition, well-being and
fitness of Mississippi school children shall be advanced and that long-term
health outcomes are improved. The regulations shall take into
consideration recommendations provided by the Mississippi Farm, Food and
Nutrition Commission and include, but not be limited to, the following subject
areas:
(a) Healthy food and beverage choices;
(b) Limitations on the consumption of sugar-sweetened beverages (SSBs);
(c) Ensuring that food and beverages sold to students on school property during the school day are "Smart Snack" compliant;
(d) Restricting the use of synthetic food dyes and additives in meals prepared for the National School Lunch Program and School Breakfast Program, including, but not limited to, the following:
(i) Blue 1 (CAS 3844-45-9);
(ii) Blue 2 (CAS 860-22-0);
(iii) Green 3 (CAS 2353-45-9);
(iv) Red 40 (CAS 25956-17-6);
(v) Yellow 5 (CAS 1934-21-0);
(vi) Yellow 6 (CAS 2783-94-0);
(vii) Butylated hydroxyanisole (BHA);
(viii) Butylated hydroxytoluene (BHT);
(ix) Titanium dioxide (CAS 13463-67-7);
(x) Propylparaben;
(xi) Potassium bromate;
( * * *e) Healthy food preparation;
( * * *f) Marketing and promotion of
healthy food choices to students, * * * staff and communities;
( * * *g) Food preparation ingredients and
products;
( * * *h) * * * Recommendations for, and potential
alternative solutions for providing a minimum of twenty (20) minutes of seat
time during lunch and breakfast periods for students and staff;
( * * *i) The availability of locally produced
and procured food items during the lunch and breakfast periods of the * * *
National School Lunch Program and School Breakfast Program; and
( * * *j) Methods to increase participation
in the * * * National School Lunch Program
and School Breakfast Program.
( * * *3) The Office of Healthy Schools and
the Office of Child Nutrition of the State Department of Education shall
provide comprehensive training for superintendents, business managers, food
service directors and food service managers of a local school district, or the
designees appointed by those individuals for training purposes, as required by
the department on marketing healthy foods, creating a healthy cafeteria
environment, effective and efficient food service operations, the standards and
expectations of food service staff, and other topics as identified by the
department. The department may determine the time and location of the trainings
and the frequency with which they are held. Persons employed by a local school
district having the certification as a Food Service Administrator III or IV
shall be exempt from the training requirements of this subsection.
* * *
(4) Each public school district annually shall identify the number of its students who live in poverty in order to increase access to free school breakfasts and lunches for such students. The State Department of Education may calculate and provide this number to public school districts and is to be based on the United States Department of Agriculture's Form FNS-10: Report on School Program Operations or any other information that is collected for the purposes of federal data reporting. For the purpose of this subsection, "students who live in poverty" means students who:
(a) Qualify for Medicaid benefits;
(b) Qualify for the Supplemental Nutrition Assistance Program (SNAP) benefits;
(c) Qualify for Temporary Assistance for Needy Families (TANF) benefits; or
(d) Are homeless, transient, or in foster care.
(5) The local board of trustees of a district in which all schools are eligible to receive the free federal reimbursement rate for all reimbursable school breakfasts and lunches served, pursuant to the Community Eligibility Provision (CEP) in 42 USC Section 1759(a), shall adopt a resolution indicating its degree of participation, if any, in CEP. If a district is unable to participate in CEP because participation would cause a financial hardship, its board shall adopt a resolution stating that it is unable to participate in CEP and demonstrate the financial hardship. The resolution must be published on a public meeting agenda concurrently with the proposed district budget as an action item. A majority of the board members is required to approve any resolution under this subsection. The requirements of this subsection shall be suspended if CEP is suspended or discontinued by federal action.
(6) A district shall ensure that the parents or guardians of students eligible for free and reduced lunch receive the necessary applications and instructions and, upon request, are provided with assistance in completing the paperwork. If a student is unable to pay for a meal the student's district or school may not publicly identify or penalize the student in any way including, but not limited to, denying meals, serving alternative meals, discarding meals after serving them to the student, requiring chores or work in exchange for meals, prohibiting participation in extracurricular activities, denying participation in graduation, withholding diplomas, or refusing transcript requests. Communications from the district or school regarding any meal debt owed only may be directed to the parent or guardian of the student and may be sent home through the student. Such resolutions shall be submitted on an annual basis to the State Department of Education and the Mississippi Farm, Food and Nutrition Commission.
(7) Notwithstanding any provision of law, rule or regulation to the contrary, each school board that governs a local school or school district that contains any public elementary or secondary school that had an identified student percentage of twenty-five percent (25%) or greater for the 2025-2026 school year and is participating, or opts to participate, in the Community Eligibility Provision (CEP) administered by the United States Department of Agriculture, Food and Nutrition Service (FNS) shall be reimbursed by the State Department of Education as follows:
For each breakfast and lunch meal that is served at a school participating in the federal community eligibility provision program and that is reimbursed at the federal reimbursement rate for a paid meal, the department shall reimburse the school food authority the difference between (a) the combined state and federal reimbursement rate for a paid meal for the current school year and (b) the combined state and federal reimbursement rate for a free meal for the current school year, provided that the total reimbursement rate for each meal served shall equal the combined state and federal reimbursement rate for a free meal for the current school year.
(8) Nothing in this section shall be construed to prohibit any school board from grouping elementary or secondary schools in the local school division and applying to FNS to participate in CEP for such group of schools.
(9) The State Superintendent of Public Education shall issue a waiver to the requirements set forth in subsections (5), (6) and (7) of this section in the sole circumstance that an evaluation of a school or group of schools that is eligible to participate in CEP determines that participation in CEP is not financially viable to such school or group of schools. The State Department of Education shall develop a process and criteria for considering such waivers, including a process and criteria for conducting such CEP evaluations. Recommendations for the development of such policies and criteria may be requested of or provided by the Mississippi Farm, Food Nutrition Commission.
SECTION 9. The following shall be codified as Section 43-1-42, Mississippi Code of 1972:
43-1-42. (1) For the purposes of this section, the following terms shall be defined as provided in this subsection:
(a) "Agricultural entity" means a grower, producer, or processor of farm or dairy products, meat, poultry, fruits and agricultural or aquacultural products that are grown, raised, harvested, or processed in Mississippi.
(b) "Commission" means the Mississippi Farm, Food and Nutrition Commission established in Section 69-1-355.
(c) "Department" means the Department of Agriculture and Commerce.
(d) "Food bank" or "regional food bank" means the Mississippi Food Bank Collaborative and the three (3) Feeding America partner food banks that serve Mississippi, including Feeding the Gulf Coast, Mid-South Food Bank, and Mississippi Food Network, which are nonprofit organizations that solicit, warehouse and redistribute eligible food to agencies in Mississippi that feed families and individuals who qualify based on federal guidelines.
(e) "Local producer" means a producer that is certified, or has otherwise met all applicable state and federal requirements to be authorized to sell certified agricultural products, produced by practice of the agricultural arts upon land that the certified producer controls, directly to the public or to individuals, organizations or entities that subsequently sell or distribute the products directly to end users, at a certified farmers' market, or an outlet or location.
(f) "Program" means the Mississippi Farm to Food Bank Program.
(g) "Program participant" means a food bank that receives food under the Mississippi Farm to Food Bank Program to distribute to food pantries, soup kitchens, hunger relief centers, or other feeding programs that provide meals or food to needy persons.
(2) A program to help expand the availability of nutritious, locally grown, raised or processed foods for Mississippi's food banks and emergency food systems, known as Mississippi Farm to Food Bank Program, is established within the Department of Agriculture and Commerce, and shall be implemented by the department on or before July 1, 2026. Subject to available funding, including, but not limited to, the Rural Health Transformation Fund, Public Law No. 119-21, the program shall allocate funds for program participants to:
(a) Acquire and distribute agricultural products from Mississippi agricultural entities, local producers, or aggregators to Mississippi's food banks and emergency food systems; and
(b) Improve capacity of the food banks and emergency food systems to allow for the proper transportation, storage, or distribution of local agricultural or aquacultural products to underserved areas.
(3) The program shall target fruits, vegetables, meat and poultry, fish, dairy, and eggs produced raised in the State of Mississippi, and shall include surplus, seconds, or market-grade quality levels and must be safe for consumption.
(4) The program, subject to annual funding, including, but not limited to, the Rural Health Transformation Fund, Public Law No. 119-21, shall dedicate not less than seventy-five percent (75%) of available funds to acquisition and distribution of food, and twenty-five percent (25%) of available funds to food pantry support grants for capacity-building and technical assistance, to be administered by the program participant.
(5) (a) The department shall collaborate and engage with the Mississippi Food Bank Collaborative to administer the program. The Mississippi Food Bank Collaborative shall be the administering entity of the program, and shall have statewide reach and represent multiple food banks that source and distribute food to Mississippi food pantries and soup kitchens under the same authorities and standards as required by state and federal law.
(b) The duties of the Mississippi Food Bank Collaborative shall include, but are not limited to:
(i) Development of a strategic plan outlining anticipated needs, outreach efforts, potential challenges, and any changes that may affect the program from year to year;
(ii) Issuing an annual report that summarizes the activity from the prior year, including meeting the capacity-building and goals of the program;
(iii) Identifying program participants and their food needs;
(iv) Building relationships with Mississippi agricultural and aquacultural entities, local producers, or aggregators that address those needs, with priority for small- and mid-size producers;
(v) Coordinating the acquisition and distribution of agricultural products and commodities to food pantries; and
(vi) Distributing food pantry, support for capacity building and technical assistance grants.
(c) The department and the commission may provide support to the program through the following activities:
(i) Facilitating relationship-building and partnerships between the Mississippi agricultural sector and the administering entity;
(ii) Approving of a proposed annual budget by the administering entity;
(iii) Reviewing and providing feedback on the administering entity's annual plans and annual reports;
(iv) Promoting the program; and
(v) Providing feedback or recommendations as needed to the administering entity.
(6) Funding from the program shall be dependent on program participants meeting the following requirements:
(a) Program participants must distribute food to food pantries and maintain the infrastructure to accept, store, and distribute foods through the emergency food system in compliance with federal, state, or local health and food safety requirements and with the capacity to serve significant geographic areas within Mississippi.
(b) Food purchases made through the use of program funds must be sourced directly from an agricultural entity, local producer, or via Mississippi-based aggregators as long as such foods meet program requirements, and shall be made in accordance with the following standards:
(i) Food shall be purchased at fair market value, competitive bid prices, or wholesale prices;
(ii) All food distributed under the program must be distributed within the State of Mississippi, regardless of the service area of the program participant;
(iii) Program participants shall not charge any person or entity who is eligible under the program to receive food or encourage any eligible person to contribute money in order to receive food under the program.
(iv) Funds for food and food provided through this program shall be used to supplement and not replace funds for food or food provided through the United States Department of Agriculture's federal commodities program.
(7) Subject to available funding, including, but not limited to, funds from the Rural Health Transformation Fund, Public Law No. 119-21, the program shall allocate funds to the regional food banks based on population, food insecurity rates, and county service areas on an annual basis. The department, in collaboration with the Mississippi Food Bank Collaborative, shall develop the funding formula for each nonprofit food bank. Recommendations for such funding formula may be requested from or provided by the commission.
(8) The program shall distribute food pantry support grants for facility upgrades, equipment, or other investments necessary to support the objectives of the program and allow for the proper pickup, storage, or processing of agricultural products that expand the ability of Mississippi's food banks and emergency food systems to access these products and better reach underserved areas and underserved populations. The application process and awarding of funds shall be established by the department and the Mississippi Food Bank Collaborative. Recommendations for such processes may be requested from or provided by the commission.
(9) The department, in collaboration with the commission, shall adopt rules to implement the program. These rules shall include, but not be limited to, the following:
(a) Eligible costs related to acquisition and distribution of food, including, but not limited to, picking, packing, processing, and transportation;
(b) Health and safety requirements for program participants, farmers, and transportation;
(c) Food quality standards;
(d) Program requirements for the food pantry support grant program, including eligibility, allowable expenses, and reporting;
(e) Contracting requirements and purchasing options;
(f) Goals, preferences, and incentives to promote small- and mid-size producers in the farm industry;
(g) Data collection, evaluation, and annual plan and reporting requirements; and
(h) Any other rules necessary to implement the program.
(10) This section shall stand repealed on July 1, 2028.
SECTION 10. Section 69-1-353, Mississippi Code of 1972, is amended as follows:
69-1-353.
For purposes of this section and * * *
Section 69-1-355, the following terms shall have the meanings * * * as defined in this section
unless the context clearly indicates otherwise:
(a) " * * * Commission" means the * * *
Mississippi Farm, Food and Nutrition Commission established in Section 69-1-355.
(b) "Farm to
school program" means any commercial relationship where * * * any pre-K or Grades K-12 school
purchases locally grown or locally raised agricultural products to serve in
school meals and can include educational programs for students on local
agriculture and nutrition * * *;.
(c) "Locally
grown or locally raised agricultural products" means any food products
grown or raised on Mississippi farms or gardens, and includes, but is
not limited to, fruits, vegetables, and nuts grown in Mississippi, meat,
poultry, eggs, dairy, fish, seafood and other aquatic products produced in
Mississippi, and products processed into value-added products that are grown or
produced in Mississippi * * *;.
(e) "Unprocessed or minimally processed agricultural products" means raw agricultural commodities or products that have undergone only those minimal processing activities necessary to make the product usable and marketable, including, but not limited to, washing, cleaning, trimming, peeling, slicing, freezing, drying, milling, grinding or pasteurization, and that do not contain added ingredients such as sugars, fats, oils or preservatives, except as necessary for food safety.
( * * *f) "School" means any K-12
accredited public or private institution for learning and also includes public
and private preschools.
(g) "School food authority (SFA)" means the governing body responsible for the administration of one or more schools and having the legal authority to operate the National School Lunch Program or School Breakfast Program in the schools or be otherwise approved by the State Department of Education to operate such programs.
(h) "Small purchase threshold" means the maximum dollar amount under which a school food authority or other governmental entity may procure goods or services using informal procurement methods, as established by federal regulations, state law, or guidance issued by the administering agency.
(i) "USDA Good Agricultural Practices (GAP) Certification Program" applies to on-farm activities and means the certification issued by the United States Department of Agriculture or a USDA-authorized auditing entity verifying that a farm or agricultural operation has implemented food safety practices consistent with the USDA Good Agricultural Practices standards, including procedures related to growing, harvesting, packing, and storage of agricultural products.
(j) "USDA Good Handling Practices (GHP) Certification Program" applies to post-harvest activities and means the certification issued by the United States Department of Agriculture or a USDA-authorized auditing entity verifying that a post-harvest handling, packing, processing, or distribution facility complies with USDA Good Handling Practices standards to ensure the safe handling, storage, and transportation of agricultural products.
(k) "Local preference" means a procurement preference that allows or requires a school food authority or other governmental entity to give priority, price preference, or evaluation credit to bids or proposals for agricultural products that are grown, raised, or processed within the State of Mississippi or a defined geographic region, and that is consistent with federal procurement law.
SECTION 11. The following shall be codified as Section 69-1-355, Mississippi Code of 1972:
69-1-355. (1) There is established the Mississippi Farm, Food and Nutrition Commission, to identify models and methods for promoting farm to institution practices and initiatives in the state to enhance community food systems and increase the procurement and availability of fresh, healthy foods to promote economic opportunities for Mississippi farmers and producers.
(2) The commission shall be composed of the following members:
(a) One (1) person who represents the State Department of Education, Office of Child Nutrition, appointed by the State Superintendent of Public Education;
(b) One (1) person who represents the Market Development or Farmers Market Nutrition Program at the Department of Agriculture and Commerce, appointed by the Commissioner of Agriculture and Commerce;
(c) One (1) person who represents a university-affiliated nutrition research program, appointed by the Commissioner of Higher Education or his or her designee;
(d) One (1) person who represents the State Health Improvement Plan in the Department of Preventative Medicine at the University of Mississippi Medical Center, appointed by the Vice Chancellor for Health Affairs at the University of Mississippi Medical Center;
(e) One (1) person who represents food service directors in Mississippi public schools, appointed by the State Superintendent of Public Education;
(f) Two (2) persons who represent a Mississippi-based nonprofit organization with a focus on health and nutrition policies and programming, appointed by the Speaker of the House of Representatives upon recommendation of the Chair of the Public Health and Human Services Committee of the House;
(g) One (1) person who represents the Mississippi Academy of Nutritionists and Dietitians, appointed by the Executive Director of the Mississippi Academy of Nutritionists and Dietitians;
(h) One (1) person who represents the Mississippi Food Network, appointed by the Executive Director of the Mississippi Food Bank Collaborative;
(i) Two (2) persons from differing geographic regions of the state who represent a nonprofit focusing on farm-to-institution initiatives that include, but are not limited to, farm-to-school, farm-to-early childcare, farm-to-college and university, and other such farm-to-institution programs, appointed by the Executive Director of the Mississippi Farm to School Network;
(j) One (1) person who represents the Center for Mississippi Food Systems, appointed by the Executive Director of the Center for Mississippi Food Systems;
(k) One (1) person who represents the Mississippi State University Extension Program, appointed by the Director of the Mississippi State University Extension Program or his or her designee;
(l) One (1) person who represents the Alcorn State University Extension Program, appointed by the Director of the Alcorn State University Extension Program or his or her designee;
(m) One (1) person who represents the Mississippi Farm Bureau Federation, appointed by the President of the Mississippi Farm Bureau Foundation;
(n) One (1) person who represents the Mississippi Delta Food Policy and Action Council, appointed by the Executive Director of the Mississippi Delta Food Policy and Action Council or his or her designee;
(o) One (1) person who is a Mississippi-based representative of the Catfish Institute, appointed by the President of the Catfish Institute;
(p) One (1) person who represents the Mississippi Association of Cooperatives, appointed by the Executive Director of the Mississippi Association of Cooperatives or his or her designee;
(q) One (1) person who represents poultry producers in Mississippi, appointed by the Lieutenant Governor upon recommendation of the Chair of the Public Health and Welfare Committee of the Mississippi State Senate; and
(r) One (1) person who represents cattle farmers and ranchers, appointed by the Lieutenant Governor upon recommendation of the Chair of the Public Health and Welfare Committee of the Mississippi State Senate.
(3) In appointing members of the commission, the appointing authorities shall ensure that the members reflect the diversity of this state, with members representing rural areas, urban areas and different geographical regions of the state.
(4) Members of the commission shall serve without compensation or reimbursement for their expenses related to participating in the commission, and the commission shall function without appropriations or state funds. However, the commission may accept real or in-kind contributions or funds that may be offered as financial grants from public or private sources. The Legislature and any department, division, board, bureau, commission or agency of the state, or of any political subdivision thereof, may provide, at the request of the chair of the commission, such facilities, assistance and data as will enable the commission to carry out its duties.
(5) The commission shall hold its first meeting no later than July 1, 2026, with the date, time and location of this first meeting to be determined jointly by the members serving on the commission. At the first meeting, the commission shall elect a chairman, vice chairman, and any other officers deemed necessary, from its members, and begin the development of a scope of work for the commission to be submitted to the Chair of the Public Health and Human Services Committee of the House of Representatives, the Chair of the Public Health and Welfare Committee of the Senate, the Chairs of the Education Committees of the House of Representatives and the Senate, and the Chairs of the Agriculture Committees of the House of Representatives and the Senate, or any successor committees, on or before January 1, 2027. The commission shall meet periodically but not less frequently than once per quarter of each year.
(6) Beginning with the first meeting, and for a study period of at least one (1) year, the commission shall coordinate interagency and stakeholder collaboration to investigate and make recommendations for administering best practices to facilitate the growth and creation of farm-to-institution programs and economic opportunities for Mississippi farmers and producers that increase the availability and procurement of fresh, local foods in communities throughout the State of Mississippi. This shall be accomplished through, but not be limited to, the following areas of study:
(a) Creating and administering an assessment or survey designed to evaluate what specific programs or efforts would be the most effective in increasing the number of opportunities for local farmers and producers to supply their products to state agencies, entities of such agencies as appropriate, and commercial distributors;
(b) Creating and administering an assessment or survey designed to evaluate existing federal nutrition programs being administered in the State of Mississippi to identify effective strategies for increasing coordination of efforts and to maximize available funding. Such programs shall include, but not be limited to:
(i) The Child and Adult Care Food Program (CACFP);
(ii) The Special Supplemental Nutrition Program for Women, Infants and Children (WIC;)
(iii) The Emergency Food Assistance Program (TEFAP);
(iv) The Summer Food Service Program (SFSP); and
(v) The Farmers' Market Nutrition Program.
(c) Literature review and meta-analysis of research related to food environments, education and training, community initiatives, media and marketing influences, and other subjects deemed relevant by the commission;
(d) Investigate various procurement procedures, processes, programs or tools for school food authorities and any other public or private institutions to purchase locally grown or raised agricultural products directly from local or regional producers, including farmers, ranchers, fishers or producer cooperatives, for use in institutional food service operations, and in compliance with the federal micro-purchase threshold or simplified acquisition threshold as defined in 2 CFR Section 200.88, and any other applicable federal and state procurement requirements.
(e) Development or enhancement of training programs for Mississippi farmers related to marketing crops, food safety, processing and preserving crops, business management, liability and risk management, and other topics deemed appropriate by the commission, including, but not limited to, the USDA Good Agricultural Practices (GAP) and Good Handling Practices (GHP) certifications;
(f) Study and prepare guidance for food preparation trainings and processes for food service staff to accommodate sourcing fresh and local foods;
(g) Identify opportunities to promote job creation around small- and mid-size producers and local procurement initiatives;
(h) In cooperation with relevant stakeholders, utilize and enhance the existing nutrition source mapping tool developed by the State Health Improvement Plan's Nutrition Task Force and that is housed at the University of Mississippi Medical Center, Department of Preventative Medicine, to develop a voluntary web-based directory of Mississippi agricultural and aquacultural entities, local producers or aggregators, nutrition programs, farms, farmer's markets, and any other entities the commission deems necessary to include, that is searchable by location, promotes communication and sales between Mississippi farmers and Mississippi-based entities, and supports market development opportunities. The mapping tool and directory should be routinely updated and consistently maintained and usable by anyone interested in locating farmers, Mississippi farm products, and nutrition program site locations throughout the state;
(i) Working with the State Department of Education Office of Child Nutrition to assess and identify methods for school food service directors to create or amend school procedures, procurement forms, proper handling, preparing and storing procedures in order to facilitate the purchase of locally grown and locally raised agricultural products to be served in school meals;
(j) Assess the financial feasibility of mobile markets at schools for local farmers and producers and incentives for the purchase of such products; and
(k) A literature review and comparative analysis regarding research related to ultra processed foods and food additives as it relates to overall nutrition and metabolic health.
(7) At the end of the one
(1) year study period, the commission shall report its progress and findings
related to the matters described in subsection (6) of this section to the Chair
of the Public Health and Human Services Committee of the House of
Representatives, the Chair of the Public Health and Welfare Committee of the
Senate, the Chairs of the Education Committees of the House of Representatives
and the Senate, and the Chairs of the Agriculture Committees of the House of
Representatives and the Senate, or any successor committees * * *. The commission
shall then begin the coordination of efforts between the State Department of
Education, the Department of Agriculture and Commerce and the State Department
of Health to achieve the following:
(a) The chairman elected by the commission at the first meeting as described in subsection (5) of this section shall serve as the point person to coordinate efforts between the State Department of Education, the Department of Agriculture and Commerce and the State Department of Health, who shall be responsible for identifying local farmers, processors and suppliers and shall work with the State Department of Education to make that information available to school food service directors and for creating and disseminating information on the school food procurement process to help farmers, processors, and suppliers learn more about the process;
(b) Educate food service directors on the small purchase threshold and tools to promote their use for farm-to-school initiatives;
(c) Implement food preparation trainings and processes for food service staff to accommodate sourcing fresh and local foods;
(d) Identify, target, and promote job creation around small- and mid-size producers and local procurement initiatives;
(e) Notify and assist interested schools, farms and community organizations in applying for funding sources and grants related to supporting and decreasing the cost of purchasing locally grown and locally raised agricultural products to serve in school meals;
(f) Assist Mississippi farmers in marketing and building commercial relationships with food service directors in schools;
(g) Implement and administer training programs for Mississippi farmers related to marketing crops, food safety, processing crops, business management, liability and risk management, and any other topics deemed appropriate by the commission;
(h) Encourage school food service directors to include local farmers, processors and suppliers when procuring farm products that fall under the small purchase threshold;
(i) Encourage all new school construction projects to consider kitchen facilities capable of producing fresh and healthy school meals and opportunities for hands-on learning; and
(j) Encourage schools, community organizations, restaurants, grocery retail stores, convenient stores, and other local organizations and businesses to purchase more locally grown and locally raised agricultural products to serve or sell through their businesses in order to support and increase local farmers' capacity to grow and produce food for commercial purposes.
(8) At least ten percent (10%) of the local farmers, processors, and suppliers used in providing unprocessed agricultural products pursuant to this section may be minority producers.
(9) The State Department of Education and the Department of Agriculture and Commerce may accept funds from any federal, state or private source to implement this section. Any federal funds received for school nutrition programs, including, but not limited to, funds from the Rural Health Transformation Fund, Public Law No. 119-21, may also be used for purchases pursuant to Section 31-7-13(m)(vii).
(10) Once annually, on or before January 1, in each following year thereafter, the commission shall report to the Chair of the Public Health and Human Services Committee of the House of Representatives, the Chair of the Public Health and Welfare Committee of the Senate, the Chairs of the Education Committees of the House of Representatives and the Senate, and the Chairs of the Agriculture Committees of the House of Representatives and the Senate, or any successor committees, its progress related to the matters described in subsections (6) and (7) of this section, as well as any new recommendations for broadening market opportunities for Mississippi farmers, producers, and suppliers, or for increasing access to locally grown or raised agricultural products.
(11) This section shall stand repealed on July 1, 2040.
SECTION 12. Section 73-25-14, Mississippi Code of 1972, is amended as follows:
73-25-14. (1) Except as provided in Section 33-1-39, the license of every person licensed to practice medicine or osteopathy in the State of Mississippi shall be renewed annually.
On or before May 1 of each year, the State Board of Medical Licensure shall mail a notice of renewal of license to every physician or osteopath to whom a license was issued or renewed during the current licensing year. The notice shall provide instructions for obtaining and submitting applications for renewal. The State Board of Medical Licensure is authorized to make applications for renewal available via electronic means. The applicant shall obtain and complete the application and submit it to the board in the manner prescribed by the board in the notice before June 30 with the renewal fee of an amount established by the board, but not to exceed Three Hundred Dollars ($300.00), a portion of which fee shall be used to support a program to aid impaired physicians and osteopaths. The payment of the annual license renewal fee shall be optional with all physicians over the age of seventy (70) years. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate of renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. That renewal shall render the holder thereof a legal practitioner as stated on the renewal form.
(2) License renewal shall require the completion of one (1) hour of continuing medical education related to nutrition and metabolic health, as determined by the State Board of Medical Licensure in consultation with the Mississippi Farm, Food and Nutrition Commission established in 69-1-355, and an acknowledgement of receipt of the most recent informational and statistical reports pertaining to public health outcomes in the State of Mississippi.
(3) Any physician or osteopath practicing in Mississippi who allows his or her license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.
( * * *4) Any physician or osteopath not
practicing in Mississippi who allows his or her license to lapse by failing to
renew the license as provided in subsection (1) may be reinstated by the board
on satisfactory explanation for the failure to renew, by completion of a
reinstatement form and upon payment of the arrearages for the previous five (5)
years and the renewal fee for the current year.
( * * *5) Any physician or osteopath who
allows his or her license to lapse shall be notified by the board within
thirty (30) days of that lapse.
( * * *6) Any person practicing as a licensed
physician or osteopath during the time his or her license has lapsed shall be
considered an illegal practitioner and shall be subject to penalties provided
for violation of the Medical Practice Act, if he or she had not submitted the
required reinstatement form and fee within fifteen (15) days after notification
by the board of the lapse.
( * * *7) Any physician or osteopath
practicing in the State of Mississippi whose license has lapsed and is deemed
an illegal practitioner under subsection ( * * *6) of this section may petition the
board for reinstatement of his or her license on a retroactive basis, if the
physician or osteopath was unable to meet the June 30 deadline due to
extraordinary or other legitimate reasons, and retroactive reinstatement of
licensure shall be granted or may be denied by the board only for good cause.
Failure to advise the board of change of address shall not be considered a
basis of reinstatement.
( * * *8) None of the fees or fines provided
for in this section shall be applicable to the renewal of a special volunteer
medical license authorized under Section 73-25-18.
( * * *9) Fees collected under the provisions
of this section shall be used by the board to defray expenses of administering
the licensure provisions of the Medical Practice Act (Title 73, Chapter 25,
Mississippi Code of 1972) and to support a program to aid impaired physicians
and osteopaths in an amount determined by the board.
( * * *10) In order for a physician or
osteopath whose medical license has been expired for five (5) years or more to
qualify for reinstatement of license, the physician or osteopath must have
successfully been cleared for reinstatement through an investigation that shall
consist of a determination as to good moral character and verification that the
prospective licensee is not guilty of or in violation of any statutory ground
for denial of licensure as set forth in Sections 73-25-29 and 73-25-83. To
assist the board in conducting its licensure investigation, all applicants
shall undergo a fingerprint-based criminal history records check of the
Mississippi central criminal database and the Federal Bureau of Investigation
criminal history database. Each applicant shall submit a full set of the applicant's
fingerprints in a form and manner prescribed by the board, which shall be
forwarded to the Mississippi Department of Public Safety (department) and the
Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
SECTION 13. This act shall take effect and be in force from and after July 1, 2026, except for Sections 9, 10 and 11, which shall take effect and be in force from and after the passage of this act.