Mississippi State Register

Pursuant to the special called meeting of the Mississippi Board of Nursing Board of Directors on April 29th, 2020 , the Board voted to continue to fulfill its legislative mandate to protect the public and conduct informal and formal disciplinary proceedings virtually during the COVID-19 pandemic. The Board adopts the temporary rule herein, pursuant to authority granted in Miss. Code Ann. § 25-43-3.108 (1972, as amended) and Miss. Exec. Order 1471 (Apr. 10, 2020), in an effort to ensure public safety and prevent the spread of COVID-19.

Temporary Rule Part 2826 establishes the framework and processes for implementation of a confidential and non-disciplinary program for eligible nurse applicants designed to promote early identification of substance use/abuse; removal from nursing practice and entry into treatment; and for monitoring of compliance upon re-entry into nursing practice.

Creation of rules requiring absentee ballots remain in the registrar's office and providing for the counting of said ballots.

The Mississippi 2020 Section 303(d) List of Impaired Water Bodies identifies those waters within the state for which recent monitoring and assessment have found pollutant specific impairment and for which Total Maximum Daily Loads (TMDLs) are not yet completed. This List is amends the previous version of this List and will be codified at 11 Miss. Admin. Code Pt. 6, Ch. 9.

The Mississippi 2020 Section 303(d) List of Impaired Water Bodies identifies those waters within the state for which recent monitoring and assessment have found pollutant specific impairment and for which Total Maximum Daily Loads (TMDLs) are not yet completed. This List is amends the previous version of this List and will be codified at 11 Miss. Admin. Code Pt. 6, Ch. 9.

The Division of Medicaid is withdrawing this Administrative Code, system number 25160, to allow CMS time to approve corresponding SPA 20-0008, and make any necessary edits.

The Division of Medicaid is withdrawing this Administrative Code, system number 25159, to allow CMS time to approve corresponding SPA 20-0007 RHC Services, and make any necessary edits.

This Administrative Code is being submitted to correspond with SPA 20-0008 FQHC Services which includes the coverage and reimbursement methodology for FQHC services in a school setting, telehealth, group therapy and mobile units.

This Administrative Code is being submitted to correspond with SPA 20-0007 RHC Services which includes the coverage and reimbursement methodology for RHC services in a school setting, telehealth, group therapy and mobile units.

This Administrative Code corresponds with SPA 20-0022 Mental Health Services Coverage and Reimbursement. This filing is being submitted to allow acute partial hospitalization services to be provided in the outpatient department of a hospital and/or acute free-standing psychiatric facility

This AC is being filed to add verbiage outlining 1) provider requirements to enroll as an off-site EPSDT provider and 2) the requirements a provider must follow while performing EPSDT off-site screenings.

This filing is being submitted to move language for expanded rehabilitative services for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) beneficiaries from Part 206: Mental Health Services to Part 223: EPSDT Services, effective November 1, 2020. This filing corresponds with MS SPA 20-0022 Community Mental Health Services Coverage and Reimbursement, effective September 1, 2020.

This Administrative Code corresponds with SPA 20-0022 Mental Health Services Coverage and Reimbursement. This filing is being submitted to align language and coverage with the Mississippi Department of Mental Health’s Standards of Operations which are effective September 1, 2020, to allow certain providers that are able to practice independently to enroll and provide community mental health services outside of a community or private mental health center, to replace Intensive Outpatient Programs (IOP) services with Intensive Community Outreach and Recovery Teams (I-CORT) services and allow acute partial hospitalization services to be provided in the outpatient department of a hospital, acute free standing psychiatric facility or other appropriate outpatient settings. This final filing includes changes based on public comments requesting clarifications and minor corrections.

Revisions to Form A100 and Form A575

This Administrative Code is being filed to update the participation and enrollment requirement for pharmacists providing disease management services.

Renewal of Temporary Rule to establish eligibility requirements under the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund for law enforcement officers, fire fighters, reserve/auxiliary law enforcement officers or volunteer fire fighters who contract COVID-19 while actively engaged in protecting the lives and property of the citizens of Mississippi.

Revisions to Form A100 and Form A575

This Administrative Code is being filed to update the participation and enrollment requirement for pharmacists providing disease management services.

This filing is being submitted to move language for expanded rehabilitative services for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) beneficiaries from Part 206: Mental Health Services to Part 223: EPSDT Services, effective November 1, 2020. This filing corresponds with MS SPA 20-0022 Community Mental Health Services Coverage and Reimbursement, effective September 1, 2020.

This Administrative Code corresponds with SPA 20-0022 Mental Health Services Coverage and Reimbursement. This filing is being submitted to align language and coverage with the Mississippi Department of Mental Health’s Standards of Operations which are effective September 1, 2020, to allow certain providers that are able to practice independently to enroll and provide community mental health services outside of a community or private mental health center, to replace Intensive Outpatient Programs (IOP) services with Intensive Community Outreach and Recovery Teams (I-CORT) services and allow acute partial hospitalization services to be provided in the outpatient department of a hospital, acute free standing psychiatric facility or other appropriate outpatient settings

This AC is being filed to add verbiage outlining 1) provider requirements to enroll as an off-site EPSDT provider and 2) the requirements a provider must follow while performing EPSDT off-site screenings.

This Administrative Code corresponds with SPA 20-0022 Mental Health Services Coverage and Reimbursement. This filing is being submitted to allow acute partial hospitalization services to be provided in the outpatient department of a hospital and/or acute free-standing psychiatric facility.

This Administrative Code is being submitted to correspond with SPA 20-0007 RHC Services which includes the coverage and reimbursement methodology for RHC services in a school setting, telehealth, group therapy and mobile units.

This Administrative Code is being submitted to correspond with SPA 20-0008 FQHC Services which includes the coverage and reimbursement methodology for FQHC services in a school setting, telehealth, group therapy and mobile units.

This administrative Code filing is being submitted to amend MDPS Public Records Policy Administrative Code to comply with current statute.

This administrative Code filing is being submitted to amend MDPS Public Records Policy Administrative Code to comply with current statute.

This Administrative Code filing is being filed in response to the Public Health Emergency. This filing will limit the amount of individuals in attendance for Day Treatment, in accordance with DMH Operational Standards.

This administrative Code filing is being submitted to amend MDPS Public Records Policy Administrative Code to comply with current statute.

Changing the Webex address for the meeting. System #25057

The Mississippi Board of Nursing seeks to identify potential disqualifying crimes for licensure and implement a Board process for responding to petitions for pre-licensure determination, as prescribed by the Fresh Start Act of 2019 (Miss. Code Ann. Section § 73-77-7 (5) ).

The Mississippi Board of Nursing seeks to identify potential disqualifying crimes for licensure and implement a Board process for responding to petitions for pre-licensure determination, as prescribed by the Fresh Start Act of 2019 (Miss. Code Ann. Section § 73-77-7 (5) ).

Telemedicine rule is being amended to allow for a broader range of providers offering the service and reimbursement due to pandemic.

Due to the issues related to the COVID-19 emergency and the impact the spread of the disease has had on the meat supply chain, the Department issues this temporary rule EXTENSION in an effort to increase meat availability to consumers. The temporary rule will increase the number of people who can own an animal (cattle, sheep, swine, and goats) from four to multiple owners for the purposes of the custom slaughter exemption of the meat inspection laws. This is a 90-day renewal of effectiveness. Original system number: 24883

To establish Miss. Admin. Code 7-3: 99.2, State Board Policy Chapter 99 – State Schools, Rule 99.2 School Calendar Approval and Modification

To revise Part 3, Chapter 76, Rule 76.4 - Housing Teacher Program

Due to COVID-19, the Board adopts the temporary rules &amp authorizes the tele-physical therapy practitioner to obtain oral informed consent from the patient or other appropriate person before services rendered through telehealth, out-of-state PTs or PTAs may utilize telehealth when treating patients in MS without securing a license to practice in this State, out-of- state PTAs may practice telehealth under the supervision of a PT who is licensed in the same state in which the PTA practices and every PT and PTA who is currently not licensed in the State of MS and who wishes to practice in MS shall complete the disastrous/emergency waiver.

To revise Part 3, Chapter 76, Rule 76.4 - Housing Teacher Program

To establish Miss. Admin. Code 7-3: 99.2, State Board Policy Chapter 99, Rule 99.2 School Calendar Approval and Modification

To establish Miss. Admin. Code 7-3: 99.2, State Board Policy Chapter 99, Rule 99.2 School Calendar Approval and Modification

Rule 2.9 is amended to allow for better operation during Covid Emergency

In section 100, a sentence was added clarifying that a holder is prohibited from charging a fee for cashing a check. A citation to the Mississippi Check Cashers Act was deleted. Other minor changes were made.

In section 100, the second sentence was deleted. In section 101, the first sentence was amended to clarify that a person may own interest in a package retailer’s permit and own interest in one or more on-premises retailer’s permit. The second sentence in 101 is being deleted. Section 103 was amended to include that the chapter shall not be construed to prohibit rendering professional services for more than one package retailer so long as such professional services do not constitute an ownership interest based on the fee being collected. Other minor changes were made.

A second sentence was added to section 100 to state that a permit cannot be transferred if there is an ongoing administrative disciplinary action, including an action under appeal. A second sentence was added to section 103 to clarify that if a funeral home or church refuses to sign a new waiver, a transfer may not be initiated.

The title was changed to reflect the change in order of the two types of resort areas in the rule. The temporary resort area language from section 100 was moved to new section 101 with some minor changes. The phrase “outside the limits of an incorporated municipality” was removed from the first sentence in section 101(1)(a). In 101(1)(b), the last sentence was added clarifying that GPS coordinates should be used to determine boundary lines. In 101(1)(c), the phrase, “and the reasons such steps will result in the attraction of tourists, transients and/or vacationers” was added. In section 100(3), a phrase was added to include that if the President of the Board of Supervisors or the Mayor votes against recommending an area be designated a resort, an application can still be submitted by not less than 100 adult citizens. Some additional criteria were added to the list of information to be included in the application. Other minor changes were made.

In section 100, the citation to Miss. Code Ann Sections 27-65-15, Mining or Producing, was removed because the Mining or Producing law was repealed. The citation to Miss. Code Ann. Section 27-65-19, Public Utilities, was removed because a direct pay permit may be used to relieve a public utilities vendor of the liability for the tax, excluding the taxes levied against telecommunications services. The exemption from Miss. Code Ann Section 27-65-107(f) was added in Section 101 along with a citation to the section of the rule that explains the Affidavit for Utility Exemption. Other minor changes were made.

In new section 100, the rule was amended to add a definition for “dairy producer” from Miss. Code Ann. Section 27-65-17(1)(m). In new paragraph 104, a sentence was added that provides a special rate of tax of 3.5% on certain purchases made by a dairy producer. This language is from Miss. Code Ann. Section 27-65-17(1)(m). In new paragraph 103, mechanical milking machines were added to milk tanks and coolers and were identified as farm implements taxable at the 1.5% special rate of tax. In new paragraph 105, a citation was added directing taxpayers to the Affidavit for Utility Exemption. The DOR added a citation to Miss. Code Ann. Section 27-65-23 in Paragraph 100 and a citation to Miss. Code Ann. Section 27-65-103(a) in Paragraph 103. Examples of pest control services, exempt purchases and tools and/or equipment were added to Paragraphs 101, 104, and 105. Other minor changes were made.

New section 104 addresses certain products grown in Mississippi that are exempt when sold from the place of production in the original state or condition of preparation of sale. This exemption is from Miss. Code Ann. Section 27-65-103(b). Section 106 explains the exemption on potting soil, mulch and other soil amendments used in growing certain plants. This exemption is from Miss. Code Ann. Section 27-65-111(m). Other minor changes were made.

New section 101 was moved from old section 105 to reflect the order of the items listed in section 100. The first sentence in new section 103 was removed as there is no longer a definition for “soft drinks” in Miss. Code Ann. Section 27-65-3(1). Other minor changes were made.