Title 41, Public Health

(1) The licensing agency is authorized to investigate, either on the basis of complaints filed with it or on its own initiative through compliance visits, reviews or audits, instances of suspected violations of any nature, including, but not limited to:(a) Performing the duties a…

(1) Data in license and registration applications and supporting data submitted by registered qualifying patients, registered designated caregivers, medical cannabis establishments and nonresident cardholders, including data on registered designated caregivers and practitioners, …

(1) No person shall be authorized to use medical cannabis in this state unless the person (a) has been diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient relationship within his or her scope of practice, as having a debilitating medical conditi…

Notwithstanding any federal tax law to the contrary, in computing net income for medical cannabis establishments, there shall be allowed as a deduction from income taxes imposed under Section 27-7-5, Mississippi Code of 1972, all the ordinary and necessary expenses paid or incurr…

(1) A bank may provide any services to any person or entity licensed in this state to engage in the business of medical cannabis, or with any person or entity engaging in business dealings with such licensee, if the bank provides those services to any other business. (2) A bank a…

This chapter does not apply to or supersede any of the provisions of Section 41-29-136.

(1) The cultivation, processing, sale and distribution of medical cannabis and cannabis products, as performed in accordance to the provisions of this chapter, shall be legal in every county and municipality of this state unless a county or municipality opts out through a vote by…

(1) Any person or entity aggrieved by a final decision or order of an agency under the provisions of this chapter may petition for judicial review of the final decision or order. (2) (a) The petition shall be filed within twenty (20) days after the issuance of the agency’s final …

All fees and fines collected by the MDOR and MDOH according to the provisions of this chapter shall be deposited into the State General Fund.

(1) (a) There is established a Medical Cannabis Advisory Committee, which shall be the committee that is required to advise the Legislature about medical cannabis and cannabis product, patient care, services and industry.(b) The advisory committee shall consist of nine (9) member…

In the negotiation and execution of all information technology contracts as necessary under the Mississippi Medical Cannabis Act, the executive director of the State Department of Health and the executive director of the Department of Revenue may negotiate a limitation on the lia…

A public utility as defined in Section 77-3-3(d)(iv) shall not deny or refuse services to any business entity solely on the basis that the entity is a licensee under the Mississippi Medical Cannabis Act.

(1) The MDOH shall have the ultimate authority for oversight of the administration of the medical cannabis program, and the MDOH shall coordinate the activities of the MDOH and MDOR under the provisions of this chapter in order to best effectuate the purpose and intent of this ch…

(1) There is a presumption that a registered qualifying patient is engaged in the medical use of medical cannabis under this chapter if the person is in possession of a registry identification card and an amount of medical cannabis that does not exceed the allowable amount of med…

(1) There is hereby created the Mississippi Medical Cannabis Research Program at the National Center for Cannabis Research and Education at the University of Mississippi. (2) Subject to funding, the program:(a) Shall seek state, federal and private funds to award grants for medic…

(1) There is established the Medical Cannabis Research Advisory Board, which shall be the board that is required to advise and review research about medical cannabis and cannabinoid research activities, status of research plans and research budget, and research findings of the Mi…

(1) By the November interim meeting each year beginning in 2024, the department shall report to the Public Health and Welfare Committees of the Mississippi State Senate and the House of Representatives on information provided by the Medical Cannabis Research Program described in …

(1) As used in this section, the following terms shall be defined as provided in this subsection:(a) “Local health care provider” or “provider” means a facility that is licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course o…

(a) As used in this chapter, the following terms shall be defined as provided in this section:(a) “Certified community health worker” means an individual who has been certified as a community health worker by the department in accordance with this chapter;(b) “Core competencies” …

(1) By January 1, 2026, the State Department of Health:(a) Shall implement and manage a community health worker certification program for Mississippi; and(b) Collaborate with the Division of Medicaid to seek approval from the Centers for Medicare and Medicaid Services for a state…

(1) From and after January 1, 2026, no person shall represent himself or herself as a community health worker unless he or she is certified as such in accordance with the requirements of the department. (2) To be eligible for community health worker certification, an individual m…

(a) The department shall:(a) Promulgate rules necessary to carry out the provisions of § 41-140-5, including establishing:(i) The core competencies of community health workers;(ii) The community health worker certification application and renewal process, including training, ment…

This chapter shall be known and may be cited as the Regulate Experimental Adolescent Procedures (REAP) Act.

(a) For purposes of this chapter, the following terms shall have the meanings ascribed herein:(a) “Sex” means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and …

(1) A person shall not knowingly provide gender transition procedures to any person under eighteen (18) years of age. (2) A person shall not knowingly engage in conduct that aids or abets the performance or inducement of gender transition procedures to any person under eighteen (…

(1) Public funds, resources, facilities, personnel or any other thing of value that is provided by the United States or the State of Mississippi shall not be directly or indirectly used, granted, paid, or distributed to any entity, organization, or individual that provides gender…

(1) Any violation of Section 41-141-5 by a physician or other health care professional shall be considered outside the applicable standard of care and is unprofessional conduct. A physician who violates Section 41-141-5 shall have his or her license to practice medicine in the St…

(1) For the purpose of this section, the term “agencies” means the Mississippi State Department of Health, the Mississippi Department of Human Services, the Mississippi Department of Mental Health, the Mississippi Department of Child Protection Services, the Mississippi Office of…

(a) The Legislature finds and declares that:(a) A rare disease, sometimes called an “orphan disease,” is defined as a disease that affects fewer than two hundred thousand (200,000) people.(b) There are seven thousand (7,000) known rare diseases affecting more than twenty-five mil…

(1) The Mississippi Rare Disease Advisory Council is established at the University of Mississippi Medical Center for the purpose of advising the Legislature and other governmental agencies, departments, commissions and authorities on the needs of individuals living in Mississippi…

(1) The council shall perform the following duties:(a) Convene public hearings, make inquiries and solicit comments from the general public in Mississippi to assist the council with developing a first year landscape of rare diseases in the state.(b) Consult with experts on the bo…

(1) The council will be governed by a board of directors, which shall be comprised of the executive director and the following members appointed by the Governor:(a) The State Health Officer or the officer’s designee;(b) The Executive Director of the Division of Medicaid or the di…

(1) The Mississippi Rare Disease Advisory Council will be under the direction of an executive director, who will be appointed by the board of directors. The executive director, who may not be employed by the federal or state government, shall oversee the board and lead the counci…

(1) The Legislature finds that rare diseases collectively affect a substantial number of residents of the State of Mississippi and frequently result in delayed diagnosis, limited treatment options, fragmented care delivery, and significant financial burdens for patients and their…

(1) The Department of Insurance shall consult with the council and the task force to monitor emerging coverage barriers related to rare disease therapies. (2) The council may accept and review written complaints from patients, providers, or advocacy organizations regarding altern…

(1) No later than December 1 of each year, the task force, in collaboration with the Department of Insurance, shall submit a written report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the relevant legislative committees. (2) The repo…

(a) For the purposes of this chapter, the following terms shall be defined as provided in this section, unless the context clearly requires otherwise:(a) “Rare disease” means a disease or condition affecting a small percentage of the population, including conditions designated un…

The Rare Disease Task Force is established within the Mississippi Rare Disease Advisory Council. The task force shall serve as a coordinated, expert-driven advisory body to provide guidance and recommendations regarding health challenges, treatment access, insurance coverage prac…

(1) The task force shall be composed of members representing a broad range of professional expertise and lived experience, including, but not limited to:(a) Licensed clinicians with experience diagnosing or treating rare diseases;(b) Medical or scientific researchers specializing…

(a) The task force shall have the authority and responsibility to:(a) Identify gaps in care, coverage limitations, workforce shortages, and systemic barriers affecting individuals with rare diseases in the State of Mississippi;(b) Advise the Governor, Legislature, and relevant st…

(a) As used in this chapter, the following terms shall have the meanings ascribed herein:(a) “Life-threatening or severely debilitating illness,” means as it is defined in Section 312.81 of Title 21, Code of Federal Regulations (or any successor law or regulation, as applicable).…

(1) An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an individualized investigational drug, biological product, or device. (2) Counseling, advice, or a recommendation consistent with medical standards of care from …

This chapter does not create a private cause of action against a manufacturer of an individualized investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug, …

(1) A manufacturer operating within an eligible facility and pursuant to all applicable FWA laws and regulations may make available an individualized investigative treatment and an eligible patient may request an individualized investigational drug, biological product or device f…

(1) This chapter shall not be construed to expand the coverage required of an insurer under Title 83 of the Mississippi Code. (2) A health plan, third party administrator, or governmental agency may, but is not required to, provide coverage for the cost of an individualized inves…

If a patient’s death is proximately caused by treatment with an individualized investigational drug, biological product, or device, the patient’s estate, heirs, or devisees are not liable for any debt remaining after payment by insurance for charges directly incurred for said tre…