Mississippi State Register

Rule 4.7(b) will be lifted to allow duly licensed psychologists from other jurisdictions with temporary licenses to practice until the state of emergency is lifted by the Governor.

This proposed Admin. Code (1) introduces a new rule (1.7) to allow for enhanced usage of telehealth services during an emergency, (2) includes language clarifying definitions and reimbursement methods, and (3) provides updated guidance regarding eligible distant sites.

Proclamation suspending enforcement of Rule 7.5 in a limited manner to allow telehealth services during a state of emergency.

Due to the reduction in demand for motor fuels due to the COVID-19 emergency, The Department issues this temporary rule to provide a waiver for ASTM Reid Vapor Pressure Specifications related to gasoline and gasoline blended with one or more percent ethanol. The reasoning for this waiver is to avoid supply disruptions for Mississippi and other states affected by the COVID-19 emergency for the time period April 1, 2020 through April 30, 2020. This should provide a greater supply of gasoline for sale in the state.

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 Code Ann Sections 27-65-15, Mining or Producing, was removed because the Mining or Producing law was repealed.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.

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.

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.

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.

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.

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 as well.

MDHS is filing its Weatherization Assistance Program (WAP) state plan in preparation of submission to the Department of Health and Human Services.

Address change

MDHS is filing its Weatherization Assistance Program (WAP) state plan in preparation of submission to the Department of Health and Human Services.

Changing rule from requirement that alcoholic beverage be made inside permitted premises to allow for telephone orders and payments and curbside pickup during a state of emergency or event that Commissioner of Revenue determines curbside pickup should be allowed.

Add Coronavirus, SARS-CoV-2 (CO-VID 19) to the list or reportable diseases

This filing is to update the Mississippi State Health Plan for FY 2020. Updates include substantive changes to Chapter 5 and formatting changes.

This filing is to update the Mississippi State Health Plan for FY 2020. Updates include substantive changes to Chapter 5 and formatting changes.

The proposed amendment to Regulation 59 updates the actuarial assumptions for PERS, SLRP, and MHSPRS as approved by the PERS Board of Trustees. The effective date of the proposed amendment is July 1, 2020.

The proposed amendment to Regulation 59 updates the actuarial assumptions for PERS, SLRP, and MHSPRS as approved by the PERS Board of Trustees. The effective date of the proposed amendment is July 1, 2020.

The proposed adoption of the revised Simulation and Game Design curriculum framework. The new curriculum document may be accessed at the following website: http://www.mccb.edu/OCI/currdownload.aspx

The proposed adoption of the revised Simulation and Game Design curriculum framework. The new curriculum document may be accessed at the following website: http://www.mccb.edu/OCI/currdownload.aspx

Technical correction removing the Medicare certification requirement.

This Administrative Code final file adds language regarding when physician verbal orders must be signed in a nursing facility.

This Administrative Code is being filed to add a new rule and language defining the proper usage of physician verbal orders.

Technical correction removing the Medicare certification requirement.

In a previous revision to the MSPA’s Operations and Procedures Manual and Personnel Guidelines, reimbursement policies for business promotion expenses were unintentionally removed from the Operations and Procedures Manual and were not replaced in the Personnel Guidelines. The change to Rule 2.22 clarifies that Rule 2.22 relates to reimbursement for travel expenses. The addition of Rule 2.23 establishes procedures by which reimbursement is made for business promotion expenses incurred by and employee.

In a previous revision to the MSPA’s Operations and Procedures Manual and Personnel Guidelines, reimbursement policies for business promotion expenses were unintentionally removed from the Operations and Procedures Manual and were not replaced in the Personnel Guidelines. The change to Rule 2.22 clarifies that Rule 2.22 relates to reimbursement for travel expenses. The addition of Rule 2.23 establishes procedures by which reimbursement is made for business promotion expenses incurred by and employee.

This is the Final FFY-2020 Intended Use Plan which shows proposed projects to be funded and the terms of the assistance for the Drinking Water Systems Improvements Revolving Loan Fund; information is based on the anticipated funding from EPA 202 SRF Appropriation.

Increase amount of Transfer Fee

To allow for the addition of a volunteer, temporary licensure for gratuitous and charitable dental procedures.

To revise Miss. Admin. Code 7-4: Part 4: Licensure Guidelines K-12 to modify the licensure requirements for obtaining and maintaining Non-Renewable License for Prospective Non-traditional Teacher Preparation Program Completers.

To revise Mississippi Public School Accountability Standards, 2019, specifically Process Standard 26 and Appendices A and B of the Mississippi Public School Accountability Standards, 2019

To revise State Board Policy Chapter 28, Rule 28.3: Access to a Substantive and Rigorous Curriculum Policy.

To revise Mississippi Nonpublic School Accountability Standards, 2019, specifically Process Standard 22 and Appendices A and B.

Miss. Code Ann. Section 73-79-1, designates the Mississippi State Board of Health as the regulatory authority for hemodialysis technicians, a role previously assigned to the Mississippi Board of Nursing. The Mississippi State Department of Health has promulgated administrative regulations for CCHTs, effective 11/09/2019. The Mississippi Board of Nursing seeks to repeal administrative regulation 30 Miss. Admin. Code Pt. 2860: Certified Clinical Hemodialysis Technicians (CCHTs).

Add a provision regarding improper conduct while taking the Architect Registration Examination (Rule 1.7); clarify practice procedures in design/build undertakings (Rule 3.2); bring Rule 4.3 into compliance with the “Fresh Start Act of 2019”; clarify signature requirements for documents (Rules 3.2 and 4.5); expand Chapter 5 regarding disciplinary procedures and actions; and amend the definition of health, safety, and welfare subjects in Rule 6.5.

Amendment to Regulation 47 as voted upon in Board Meeting dated 1/31/2020.

Modify language to reflect National EMS Education Standards, paperless certification processing.

Section 41-59-5 (5), Mississippi Code of 1972, as amended, establishes the Mississippi State Department of Health (MSDH) as the lead agency in statewide Trauma System development. MSDH bears responsibility for implementing and managing the Trauma System. As part of this responsibility, historically, MSDH opted to contract with trauma regions for specific administrative and educational activities; however, in light of continued financial challenges and in response to the request from the Mississippi Trauma Advisory Committee (MTAC), at its October 8, 2019 meeting during executive session, to review the efficacy of using regions for administrative and educational activities, the Department proposes these changes to the Trauma System Rules and Regulations. The proposed changes provide for the Department to use a vendor of choice for providing specific administrative and educational activities formerly provided by the trauma regions. Changes were necessary throughout the document due to the previous degree of regional integration in the system.

Amend Rule 5.3 to bring the rule into compliance with the “Fresh Start Act of 2019.”

Amend Rules 1.3, 2.5.1, and 3.1 to bring the rules into compliance with the “Fresh Start Act of 2019,” and add a new Rule 1.14 to define practices exempt from licensing.

Part 3 Chapter 12 will outline the new Mississippi Standards and Guidelines for Archaeological Investigations.

Address change

Due to COVID-19, the Division of Medicaid is delaying the effectiveness of Title 23: Medicaid, Part 223, Chapter 4 and5, Rules 4.1-4.7, 4.9, 5.1-5.7, 5.9 which was filed as final on March 26, 2020, system number 24809. The new effective date is July 1, 2020.

Due to COVID-19, the Division of Medicaid is delaying the effectiveness of Title 23: Medicaid, Part 223, Chapter 4 and5, Rules 4.1-4.7, 4.9, 5.1-5.7, 5.9 to which was filed as final on February 26, 2020, system number 24765. The new effective date is June 1, 2020.

This Administrative Code is being filed to include language allowing the Division of Medicaid to disenroll out-of-state providers that do not bill the Division of Medicaid within a three (3) year period, except for certain providers as determined by Division of Medicaid. This Administrative Code is being filed to add language requiring providers to verify with the NET Broker that non-emergency transportation is used for Medicaid covered services only.

This final file includes the following revisions: (1) requires a PDN proposal packet for new providers, (2) replaces the “initial evaluation visit” with a “home evaluation”, (3) removes the monthly RN supervisory visit requirement, (4) revises the LPN supervisory visit from every other week to monthly, (5) requires monthly telephone contacts, and (6) revises the rate for CNA services to $17.26/hour with an estimated economic impact of $4,257,324.94 in savings.