MCA Chapter 59

MCA Chapter 59
in effect

Miss. Code Ann. § 41-59-3 Definitions.

As used in this chapter, unless the context otherwise requires, the term: “Ambulance” means any privately or publicly owned land or air vehicle that is especially designed, constructed, modified or equipped to be used, maintained and operated upon the streets, highways or airways of this state to assist persons who are sick, injured, wounded, or otherwise incapacitated or helpless; “Permit” means an authorization issued for an ambulance vehicle and/or a special use EMS vehicle as meeting the standards adopted under this chapter; “License” means an authorization to any person, firm, corporation, or governmental division or agency to provide ambulance services in the State of Mississippi; “Emergency medical technician” means an individual who possesses a valid emergency medical technician’s certificate issued under the provisions of this chapter or who has a privilege to practice under the Emergency Medical Services Personnel Licensure Interstate Compact; “Certificate” means official acknowledgment that an individual has successfully completed (i) the recommended basic emergency medical technician training course referred to in this chapter which entitles that individual to perform the functions and duties of an emergency medical technician, or (ii) the recommended medical first responder training course referred to in this chapter which entitles that individual to perform the functions and duties of a medical first responder; “Board” means the State Board of Health; “Department” means the State Department of Health, Division of Emergency Medical Services; “Executive officer” means the Executive Officer of the State Board of Health, or his designated representative; “First responder” means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons; “Medical first responder” means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons who (i) is trained to assist other EMS personnel by successfully completing, and remaining current in refresher training in accordance with, an approved “First Responder: National Standard Curriculum” training program, as developed and promulgated by the United States Department of Transportation; (ii) is nationally registered as a first responder by the National Registry of Emergency Medical Technicians; and (iii) is certified as a medical first responder by the State Department of Health, Division of Emergency Medical Services; “Invalid vehicle” means any privately or publicly owned land or air vehicle that is maintained, operated and used only to transport persons routinely who are convalescent or otherwise nonambulatory and do not require the service of an emergency medical technician while in transit; “Special use EMS vehicle” means any privately or publicly owned land, water or air emergency vehicle used to support the provision of emergency medical services. These vehicles shall not be used routinely to transport patients; “Trauma care system” or “trauma system” means a formally organized arrangement of health care resources that has been designated by the department by which major trauma victims are triaged, transported to and treated at trauma care facilities; “Trauma care facility” or “trauma center” means a hospital located in the State of Mississippi or a Level I trauma care facility or center located in a state contiguous to the State of Mississippi that has been designated by the department to perform specified trauma care services within a trauma care system pursuant to standards adopted by the department; “Trauma registry” means a collection of data on patients who receive hospital care for certain types of injuries. Such data are primarily designed to ensure quality trauma care and outcomes in individual institutions and trauma systems, but have the secondary purpose of providing useful data for the surveillance of injury morbidity and mortality; “Emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, psychiatric disturbances and/or symptoms of substance abuse, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part; “Emergency medical call” means a situation that is presumptively classified at time of dispatch to have a high index of probability that an emergency medical condition or other situation exists that requires medical intervention as soon as possible to reduce the seriousness of the situation, or when the exact circumstances are unknown, but the nature of the request is suggestive of a true emergency where a patient may be at risk; “Emergency response” means responding immediately at the basic life support or advanced life support level of service to an emergency medical call. An immediate response is one in which the ambulance supplier begins as quickly as possible to take the steps necessary to respond to the call; “Emergency mode” means an ambulance or special use EMS vehicle operating with emergency lights and warning siren (or warning siren and air horn) while engaged in an emergency medical call.

Miss. Code Ann. § 41-59-5 Establishment and administration of program.

The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi. The responsibility for implementation and conduct of this program shall be vested in the State Health Officer of the State Board of Health along with such other officers and boards as may be specified by law or regulation. The board shall provide for the regulation and licensing of public and private ambulance service, inspection and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers and attendants, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities. The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter. The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61. The department acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop a uniform nonfragmented inclusive statewide trauma care system that provides excellent patient care. It is the intent of the Legislature that the purpose of this system is to reduce death and disability resulting from traumatic injury, and in order to accomplish this goal it is necessary to assign additional responsibilities to the department. The department is assigned the responsibility for creating, implementing and managing the statewide trauma care system. The department shall be designated as the lead agency for trauma care systems development. The department shall develop and administer trauma regulations that include, but are not limited to, the Mississippi Trauma Care System Plan, trauma system standards, trauma center designations, field triage, interfacility trauma transfer, EMS aero medical transportation, trauma data collection, trauma care system evaluation and management of state trauma systems funding. The department shall promulgate regulations specifying the methods and procedures by which Mississippi-licensed acute care facilities shall participate in the statewide trauma system. Those regulations shall include mechanisms for determining the appropriate level of participation for each facility or class of facilities. The department shall also adopt a schedule of fees to be assessed for facilities that choose not to participate in the statewide trauma care system, or which participate at a level lower than the level at which they are capable of participating. The fees paid under this provision shall be for the exclusive benefit of the statewide trauma care system and shall not lapse into the State General Fund. The department shall promulgate rules and regulations necessary to effectuate this provision by September 1, 2008, with an implementation date of September 1, 2008. The department shall take the necessary steps to develop, adopt and implement the Mississippi Trauma Care System Plan and all associated trauma care system regulations necessary to implement the Mississippi trauma care system. The department shall cause the implementation of both professional and lay trauma education programs. These trauma educational programs shall include both clinical trauma education and injury prevention. As it is recognized that rehabilitation services are essential for traumatized individuals to be returned to active, productive lives, the department shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems. The State Board of Health is authorized to receive any funds appropriated to the board from the Mississippi Trauma Care System Fund created in Section 41-59-75. It is further authorized, with the Emergency Medical Services Advisory Council and the Mississippi Trauma Advisory Committee acting in advisory capacities, to administer the disbursements of those funds according to adopted trauma care system regulations. Any Level I trauma care facility or center located in a state contiguous to the State of Mississippi that participates in the Mississippi trauma care system and has been designated by the department to perform specified trauma care services within the trauma care system under standards adopted by the department shall receive a reasonable amount of reimbursement from the department for the cost of providing trauma care services to Mississippi residents whose treatment is uncompensated. In addition to the trauma-related duties provided for in this section, the Board of Health shall develop a plan for the delivery of services to Mississippi burn victims through the existing trauma care system of hospitals. Such plan shall be operational by July 1, 2005, and shall include: Systems by which burn patients will be assigned or transferred to hospitals capable of meeting their needs; Until the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational, procedures for allocating funds appropriated from the Mississippi Burn Care Fund to hospitals that provide services to Mississippi burn victims; and Such other provisions necessary to provide burn care for Mississippi residents, including reimbursement for travel, lodging, if no free lodging is available, meals and other reasonable travel-related expenses incurred by burn victims, family members and/or caregivers, as established by the State Board of Health through rules and regulations. After the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational,the Board of Health shall revise the plan to include the Mississippi Burn Center.

Miss. Code Ann. § 41-59-7 Advisory council.

There is created an emergency medical services advisory council to consist of the following members who shall be appointed by the Governor: One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Trauma Committee, American College of Surgeons; One (1) licensed physician to be appointed from a list of nominees who are actively engaged in rendering emergency medical services presented by the Mississippi State Medical Association; One (1) registered nurse whose employer renders emergency medical services, to be appointed from a list of nominees presented by the Mississippi Nurses Association; Two (2) hospital administrators who are employees of hospitals which provide emergency medical services, to be appointed from a list of nominees presented by the Mississippi Hospital Association; Two (2) operators of ambulance services; Three (3) officials of county or municipal government; One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Chapter of the American College of Emergency Physicians; One (1) representative from each designated trauma care region, to be appointed from a list of nominees submitted by each region; One (1) registered nurse to be appointed from a list of nominees submitted by the Mississippi Emergency Nurses Association; One (1) EMT-Paramedic whose employer renders emergency medical services in a designated trauma care region; One (1) representative from the Mississippi Department of Rehabilitation Services; One (1) member who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi; One (1) licensed neurosurgeon to be appointed from a list of nominees presented by the Mississippi State Medical Association; One (1) licensed physician with certification or experience in trauma care to be appointed from a list of nominees presented by the Mississippi Medical and Surgical Association; One (1) representative from the Mississippi Firefighters Memorial Burn Association, to be appointed by the association’s governing body; and One (1) representative from the Mississippians for Emergency Medical Services, to be appointed by the association’s governing body. The terms of the advisory council members shall begin on July 1, 1974. Four (4) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Thereafter, members shall be appointed for a term of four (4) years. The executive officer or his designated representative shall serve as ex officio chairman of the advisory council. Advisory council members may hold over and shall continue to serve until a replacement is named by the Governor. The advisory council shall meet at the call of the chairman at least annually. For attendance at such meetings, the members of the advisory council shall be reimbursed for their actual and necessary expenses including food, lodging and mileage as authorized by law, and they shall bepaid per diem compensation authorized under Section 25-3-69. The advisory council shall advise and make recommendations to the board regarding rules and regulations promulgated pursuant to this chapter. There is created a committee of the Emergency Medical Services Advisory Council to be named the Mississippi Trauma Advisory Committee (hereinafter “MTAC”). This committee shall act as the advisory body for trauma care system development and provide technical support to the department in all areas of trauma care system design, trauma standards, data collection and evaluation, continuous quality improvement, trauma care system funding, and evaluation of the trauma care system and trauma care programs. The membership of the Mississippi Trauma Advisory Committee shall be comprised of Emergency Medical Services Advisory Council members appointed by the chairman.

Miss. Code Ann. § 41-59-9 License and permit required.

From and after October 1, 1974, no person, firm, corporation, association, county, municipality, or metropolitan government or agency, either as owner, agent or otherwise, shall hereafter furnish, operate, conduct, maintain, advertise or otherwise engage in the business of service of transporting patients upon the streets, highways or airways of Mississippi unless he holds a currently valid license and permit, for each ambulance, issued by the board.

Miss. Code Ann. § 41-59-11 Application for license [Repealed effective July 1, 2020].

Application for license shall be made to the board by private firms or nonfederal governmental agencies. The application shall be made upon forms in accordance with procedures established by the board and shall contain the following: The name and address of the owner of the ambulance service or proposed ambulance service; The name in which the applicant is doing business or proposes to do business; A description of each ambulance including the make, model, year of manufacture, motor and chassis numbers, color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant’s ambulance; The location and description of the place or places from which the ambulance service is intended to operate; and Such other information as the board shall deem necessary. Each application for a license shall be accompanied by a license fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

Miss. Code Ann. § 41-59-13 Issuance of license.

The board shall issue a license which shall be valid for a period of one (1) year when it determines that all the requirements of this chapter have been met.

Miss. Code Ann. § 41-59-15 Periodic inspections.

Subsequent to issuance of any license, the board shall cause to be inspected each ambulance service, including ambulances, equipment, personnel, records, premises and operational procedures whenever such inspection is deemed necessary, but in any event not less than two (2) times each year. The periodic inspection herein required shall be in addition to any other state or local safety or motor vehicle inspections required for ambulances or other motor vehicles provided by law or ordinance.

Miss. Code Ann. § 41-59-17 Suspension or revocation of license; renewal [Repealed effective July 1, 2020].

The board is authorized to suspend or revoke a license whenever it determines that the holder no longer meets the requirements prescribed for operating an ambulance service. A license issued under this chapter may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. Renewal of any license issued under the provisions of this chapter shall require conformance with all the requirements of this chapter as upon original licensing.

Miss. Code Ann. § 41-59-19 Changes of ownership.

The board is authorized to provide for procedures to be utilized in acting on changes of ownership in accordance with regulations established by the board.

Miss. Code Ann. § 41-59-21 Licensee to conform with local laws or regulations.

The issuance of a license shall not be construed to authorize any person, firm, corporation or association to provide ambulance services or to operate any ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district or authority.

Miss. Code Ann. § 41-59-23 Ambulance permit [Repealed effective July 1, 2020].

Before a vehicle can be operated as an ambulance, its licensed owner must apply for and receive an ambulance permit issued by the board for such vehicle. Application shall be made upon forms and according to procedures established by the board. Each application for an ambulance permit shall be accompanied by a permit fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. Prior to issuing an original or renewal permit for an ambulance, the vehicle for which the permit is issued shall be inspected and a determination made that the vehicle meets all requirements as to vehicle design, sanitation, construction, medical equipment and supplies set forth in this chapter and regulations promulgated by the board. Permits issued for ambulance shall be valid for a period not to exceed one (1) year. The board is authorized to suspend or revoke an ambulance permit any time it determines that the vehicle and/or its equipment no longer meets the requirements specified by this chapter and regulations promulgated by the board. The board may issue temporary permits valid for a period not to exceed ninety (90) days for ambulances not meeting required standards when it determines the public interest will thereby be served. When a permit has been issued for an ambulance as specified herein, the ambulance records relating to maintenance and operation of such ambulance shall be open to inspection by a duly authorized representative of the board during normal working hours. An ambulance permit issued under this chapter may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. Renewal of any ambulance permit issued under the provisions of this chapter shall require conformance with all requirements of this chapter.

Miss. Code Ann. § 41-59-25 Standards for ambulance vehicles.

Standards for the design, construction, equipment, sanitation and maintenance of ambulance vehicles shall be developed by the board with the advice of the advisory council. Each standard may be revised as deemed necessary by the board when it determines, with the advice of the advisory council, that such will be in the public interest. However, standards for design and construction shall not take effect until July 1, 1979; and such standards when promulgated shall substantially conform to any pertinent recommendations and criteria established by the American College of Surgeons and the National Academy of Sciences, and shall be based on a norm that the ambulance shall be sufficient in size to transport one (1) litter patient and an emergency medical technician with space around the patient to permit a technician to administer life supporting treatment to at least one (1) patient during transit. On or after July 1, 1975, each ambulance shall have basic equipment determined essential by the board with the advice of the advisory council. Standards governing the sanitation and maintenance of ambulance vehicles shall require that the interior of the vehicle and the equipment therein be maintained in a manner that is safe, sanitary, and in good working order at all times. Standards for the design, construction, equipment and maintenance of special use EMS vehicles shall be developed by the board with advice of the advisory council.

Miss. Code Ann. § 41-59-27 Insurance.

There shall be at all times in force and effect on any ambulance vehicle operating in this state insurance issued by an insurance company licensed to do business in this state, which shall provide coverage: For injury to or death of individuals resulting from any cause for which the owner of said ambulance would be liable regardless of whether the ambulance was being driven by the owner or his agent; and Against damage to the property of another, including personal property. The minimum amounts of such insurance coverage shall be determined by the board with the advice of the advisory council, except that the minimum coverage shall not be less than Twenty-five Thousand Dollars ($25,000.00) for bodily injury to or death of one (1) person in any one (1) accident, Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of two (2) or more persons in any one (1) accident, and Ten Thousand Dollars ($10,000.00) for damage to or destruction of property of others in any one (1) accident.

Miss. Code Ann. § 41-59-29 Personnel required for transporting patients.

From and after January 1, 1976, every ambulance, except those specifically excluded from the provisions of this chapter, when transporting patients in this state, shall be occupied by at least one (1) person who possesses a valid emergency medical technician state certificate, or person who has a privilege to practice under the Emergency Medical Services Personnel Licensure Interstate Compact; or medical/nursing license and a driver with a valid resident driver’s license.

Miss. Code Ann. § 41-59-31 Emergency medical technicians; training program.

The board shall develop an emergency medical technicians training program based upon the nationally approved United States Department of Transportation “Basic Training Program for Emergency Medical Technicians-Ambulance” prepared in compliance with recommendations of the National Academy of Sciences. The program shall be periodically revised by the board to meet new and changing needs.

Miss. Code Ann. § 41-59-33 Emergency medical technicians; certification [Repealed effective July 1, 2020].

Any person desiring certification as an emergency medical technician shall apply to the board using forms prescribed by the board. Each application for an emergency medical technician certificate shall be accompanied by a certificate fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65. Upon the successful completion of the board’s approved emergency medical technical training program, the board shall make a determination of the applicant’s qualifications as an emergency medical technician as set forth in the regulations promulgated by the board, and shall issue an emergency medical technician certificate to the applicant. Any person who desires to exercise the privilege to practice under the Emergency Medical Services Personnel Licensure Interstate Compact must complete the terms and provisions of the Compact as prescribed in Section 41-59-101.

Miss. Code Ann. § 41-59-35 Emergency medical technicians; period of certification; renewal, suspension or revocation of certificate; use of certain EMT titles without certification prohibited; transportation of police dog injured in line of duty to veterinary clinic authorized; penalty for violation. [Repealed effective July 1, 2020].

An emergency medical technician certificate so issued shall be valid for a period not exceeding two (2) years from the date of issuance and may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board, provided that the holder meets the qualifications set forth in this Chapter 59 and Chapter 60 and rules and regulations promulgated by the board. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. The board is authorized to suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications. It shall be unlawful for any person, corporation or association to, in any manner, represent himself, herself or itself as an Emergency Medical Technician-Basic, Emergency Medical Technician-Advanced, Emergency Medical Technician-Paramedic, Emergency Medical Technician-Paramedic Critical Care, or Emergency Medical Services Driver, or use in connection with his or its name the words or letters of EMT, emt, paramedic, critical care paramedic, or any other letters, words, abbreviations or insignia which would indicate or imply that he, she or it is an Emergency Medical Technician-Basic, Emergency Medical Technician-Advanced, Emergency Medical Technician-Paramedic, Emergency Medical Technician-Paramedic Critical Care, or Emergency Medical Services Driver, unless certified in accordance with Chapters 59 and 60 of this title and in accordance with the rules and regulations promulgated by the board; or a person who has a privilege to practice under the Emergency Medical Services Personnel Licensure Interstate Compact. It shall be unlawful to employ an uncertified Emergency Medical Technician-Basic, Emergency Medical Technician-Advanced, Emergency Medical Technician-Paramedic, or Emergency Medical Technician-Paramedic Critical Care to provide basic or advanced life-support services. An EMT, EMT-A, EMR, or Paramedic may transport a police dog injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there are no persons requiring medical attention or transport at that time. For the purposes of this subsection, “police dog” means a dog owned or used by a law enforcement department or agency in the course of the department or agency’s work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or state law enforcement agency. Any Emergency Medical Technician-Basic, Emergency Medical Technician-Advanced, Emergency Medical Technician-Paramedic, Emergency Medical Technician-Paramedic Critical Care, or Emergency Medical Services Driver who violates or fails to comply with these statutes or the rules and regulations promulgated by the board under these statutes shall be subject, after due notice and hearing, to an administrative fine not to exceed One Thousand Dollars ($1,000.00).

Miss. Code Ann. § 41-59-37 Temporary ambulance attendant’s permit.

The board may, in its discretion, issue a temporary ambulance attendant’s permit which shall not be valid for more than one (1) year from the date of issuance, and which shall be renewable to an individual who may or may not meet qualifications established pursuant to this chapter upon determination that such will be in the public interest.

Miss. Code Ann. § 41-59-39 Standards for invalid vehicles.

The board, after consultation with the emergency medical services advisory council, shall establish minimum standards which permit the operation of invalid vehicles as a separate class of ambulance service.

Miss. Code Ann. § 41-59-41 Records.

Each licensee of an ambulance service shall maintain accurate records upon such forms as may be provided, and contain such information as may be required by the board concerning the transportation of each patient within this state and beyond its limits. Such records shall be available for inspection by the board at any reasonable time, and copies thereof shall be furnished to the board upon request.

Miss. Code Ann. § 41-59-43 Exemptions.

The following are exempted from the provisions of this chapter: The occasional use of a privately and/or publicly owned vehicle not ordinarily used in the business of transporting persons who are sick, injured, wounded, or otherwise incapacitated or helpless, or operating in the performance of a lifesaving act. A vehicle rendering services as an ambulance in case of a major catastrophe or emergency. Vehicles owned and operated by rescue squads chartered by the state as corporations not for profit or otherwise existing as nonprofit associations which are not regularly used to transport sick, injured or otherwise incapacitated or helpless persons except as a part of rescue operations. Ambulances owned and operated by an agency of the United States Government.

Miss. Code Ann. § 41-59-45 Penalties; injunctive relief.

It shall be the duty of the licensed owner of any ambulance service or other employer of emergency medical technicians for the purpose of providing basic or advanced life support services to insure compliance with the provisions of this Chapter 59 and Chapter 60 and all rules and regulations promulgated by the board. Any person, corporation or association that violates any rule or regulation promulgated by the board pursuant to these statutes regarding the provision of ambulance services or the provision of basic or advanced life support services by emergency medical technicians shall, after due notice and hearing, be subject to an administrative fine not to exceed One Thousand Dollars ($1,000.00) per occurrence. Any person violating or failing to comply with any other provisions of this Chapter 59 or Chapter 60 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed Fifty Dollars ($50.00) or be imprisoned for a period not to exceed thirty (30) days, or both, for each offense. The board may cause to be instituted a civil action in the chancery court of the county in which any alleged offender of this Chapter 59 or Chapter 60 may reside or have his principal place of business for injunctive relief to prevent any violation of any provision of this Chapter 59 or Chapter 60, or any rules or regulation adopted by the board pursuant to the provisions of this Chapter 59 or Chapter 60. Each day that any violation or failure to comply with any provision of this chapter or any rule or regulation promulgated by the board thereto is committed or permitted to continue shall constitute a separate and distinct offense under this section, except that the court may, in its discretion, stay the cumulation of penalties. It shall not be considered a violation of this Chapter 59 or Chapter 60 for a vehicle domiciled in a nonparticipating jurisdiction to travel in a participating jurisdiction.

Miss. Code Ann. § 41-59-47 Options of counties and municipalities as to participation.

The provisions of this chapter shall apply to all counties and incorporated municipalities except those counties and incorporated municipalities electing not to comply as expressed to the board in a written resolution by the governing body of such county or incorporated municipality. The election of any county to be included or excluded shall in no way affect the election of any incorporated municipality to be included or excluded. If any county or municipality elects to be excluded from this chapter, they may later elect to be included by resolution. All financial grants administered by the state for emergency medical services pertaining to this chapter shall be made available to those counties and incorporated municipalities which are governed by the provisions of this chapter.

Miss. Code Ann. § 41-59-49 Appeal from decision of board.

Any person, firm, corporation, association, county, municipality or metropolitan government or agency whose application for a permit or license has been rejected or whose permit or license is suspended or revoked by the board shall have the right to appeal such decision, within thirty (30) days after receipt of the board’s written decision, to the chancery court of the county where the applicant or licensee is domiciled. The appeal before the chancery court shall be de novo and the decision of the chancery court may be appealed to the supreme court in the manner provided by law.

Miss. Code Ann. § 41-59-51 Districts; authority to establish.

A special subdivision to be known as an emergency medical service district may be established by the board of supervisors or boards of supervisors of any county or group of counties, and/or governing authority or authorities of a municipality or municipalities located in such counties, acting separately or jointly in any combination, to provide emergency hospital care and ambulance services for an area composed of all or part of the geographic areas under the jurisdiction of such boards of supervisors or municipal governing authorities, as may be agreed upon.

Miss. Code Ann. § 41-59-53 Districts; procedure for establishing.

The boards of supervisors and the municipal governing authorities which intend to establish an emergency medical service district shall set forth such intention, along with a description of the area to be served, the nature of services to be provided, the allocation of expenses among the participating subdivisions, and the form of administration for such district in substantially similar resolutions which shall be adopted by each governing board participating in the emergency medical service district.

Miss. Code Ann. § 41-59-55 Districts; administration.

Any emergency medical service district created pursuant to this chapter shall be administered in one of the following manners: The governing authorities of the participating political subdivisions shall appoint a person or persons, who may be an elected official of such political subdivision, to a board which shall be authorized to promulgate policy for and guide the administration of the activities of the district; or The governing authorities, by mutual and unanimous agreement, shall appoint an executive manager who shall have full authority over the operation of the district.

Miss. Code Ann. § 41-59-57 Districts; power to receive and expend funds.

The emergency medical service districts authorized under this chapter are empowered to receive funds from all sources and are authorized to expend such funds as may be available for any necessary and proper purpose in the manner provided by law for municipalities. The participating political subdivisions may expend funds from any source for the necessary and proper support of such a district, and they may expend such funds by making a lump sum payment to the board or manager designated to administer the district.

Miss. Code Ann. § 41-59-59 Funds for support and maintenance of districts.

The board of supervisors of any county of the state participating in the establishment of an emergency medical service district under the provisions of Section 41-59-51 and related statutes of the Mississippi Code of 1972 may set aside, appropriate and expend moneys from the general fund for the support and maintenance of the district. In the event the district is comprised of more than one (1) county, the contributions for support and maintenance may be made on a per capita basis. Emergency medical service districts may borrow funds in anticipation of the receipt of tax monies as otherwise provided by law for counties or municipalities.

Miss. Code Ann. § 41-59-61 Emergency medical services operating fund; assessment on traffic violations.

The assessments that are collected under subsections (1) and (2) of Section 99-19-73 shall be deposited in a special fund that is created in the State Treasury to be designated the “Emergency Medical Services Operating Fund.” The Legislature may make appropriations from the Emergency Medical Services Operating Fund to the State Board of Health for the purpose of defraying costs of administration of the Emergency Medical Services Operating Fund (EMSOF) and for redistribution of those funds to the counties, municipalities and organized medical service districts (hereinafter referred to as “governmental units”) for the support of the Emergency Medical Services programs. The State Board of Health, with the Emergency Medical Services Advisory Council acting in an advisory capacity, shall administer the disbursement to those governmental units of any funds appropriated to the board from the Emergency Medical Services Operating Fund and the utilization of those funds by the governmental units. Funds appropriated from the Emergency Medical Services Operating Fund to the State Board of Health shall be made available to all such governmental units to support the Emergency Medical Services programs therein, and those funds shall be distributed to each governmental unit based upon its general population relative to the total population of the state. Disbursement of those funds shall be made on an annual basis at the end of the fiscal year upon the request of each governmental unit. Funds distributed to those governmental units shall be used in addition to existing annual Emergency Medical Services budgets of the governmental units, and no such funds shall be used for the payment of any attorney’s fees. The Director of the Emergency Medical Services program or his appointed designee is authorized to require financial reports from the governmental units utilizing these funds in order to provide satisfactory proof of the maintenance of the funding effort by the governmental units.

Miss. Code Ann. § 41-59-63 Membership subscription programs for prepaid ambulance service not to constitute insurance.

The solicitation of membership subscriptions, the acceptance of membership applications, the charging of membership fees, and the furnishing of prepaid or discounted ambulance service to subscription members and designated members of their households by either a public or private ambulance service licensed and regulated by the State Board of Health pursuant to Section 41-59-1 et seq. shall not constitute the writing of insurance and the agreement under and pursuant to which such prepaid or discounted ambulance service is provided to the subscription members and to designated members of their households shall not constitute a contract of insurance.

Miss. Code Ann. § 41-59-65 Application for permit to conduct membership subscription program; fees; renewals [Repealed effective July 1, 2020].

Either a public or private ambulance service licensed and regulated by the State Board of Health desiring to offer such a membership subscription program shall make application for permit to conduct and implement such program to the State Board of Health. The application shall be made upon forms in accordance with procedures established by the board and shall contain the following: The name and address of the owner of the ambulance service; The name in which the applicant is doing business; The location and description of the place or places from which the ambulance service operates; The places or areas in which the ambulance service intends to conduct and operate a membership subscription program; and Such other information as the board shall deem necessary. Each application for a permit shall be accompanied by a permit fee of Five Hundred Dollars ($500.00), which shall be paid to the board. The permit shall be issued to expire the next ensuing December 31. The permit issued under this section may be renewed upon payment of a renewal fee of Five Hundred Dollars ($500.00), which shall be paid to the board. Renewal of any permit issued under this section shall require conformance with all requirements of this chapter. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

Miss. Code Ann. § 41-59-67 Requirements for issuance of permit; reserve fund; ambulance service to pay cost of collection of judgment against fund.

The issuance of a permit to conduct and implement a membership subscription program shall require the following: The posting of a surety bond with one or more surety companies to be approved by the State Board of Health, in the amount of Five Thousand Dollars ($5,000.00) for every one thousand (1,000) subscribers or portion thereof; and The establishment of a reserve fund to consist of a deposit to the reserve fund with any depository approved by the state for the benefit of the subscription members in the amount of Three Dollars ($3.00) for each subscription member currently subscribing to the subscription program, but not for the designated members of the subscribing member’s household, to guarantee perpetuation of the subscription membership program until all memberships are terminated; and No further deposits shall be required to be made by the ambulance service to the reserve fund after the aggregate sum of the principal amount of said surety bond plus the deposits in the reserve fund is equal to Two Hundred Thousand Dollars ($200,000.00). In any action brought by a subscriber against the surety bond or the reserve fund, the cost of collection upon a judgment rendered in favor of the subscriber, including attorney’s fees, shall be paid by the ambulance service.

Miss. Code Ann. § 41-59-69 Annual report of ambulance service conducting subscription program.

Annual reports shall be filed with the State Board of Health by the ambulance service permitted to conduct and implement a membership subscription program in the manner and form prescribed by the State Board of Health, which report shall contain the following: The name and address of the ambulance service conducting the program; The number of members subscribing to the subscription program; The revenues generated by subscriptions to the program; and The name and address of the depository bank in which the reserve fund is deposited and the amount of deposit in said reserve fund.

Miss. Code Ann. § 41-59-71 Methods of soliciting members; license not required.

Solicitation of membership in the subscription program may be made through direct advertising, group solicitation, by officers and employees of the ambulance service or by individuals without the necessity of licensing of such solicitors.

Miss. Code Ann. § 41-59-73 Repealed.

Repealed by Laws, 1992, ch. 327, § 6, eff from and after July 1, 1992. [Laws, 1991, ch. 348, § 7]

Miss. Code Ann. § 41-59-75 Mississippi Trauma Care Systems Fund established; Mississippi Trauma Care Escrow Fund created.

The Mississippi Trauma Care Systems Fund is established. Fifteen Dollars ($15.00) collected from each assessment of Twenty Dollars ($20.00) under subsection (1) of Section 99-19-73 and Thirty Dollars ($30.00) collected from each assessment of Forty-five Dollars ($45.00) under subsection (2) of Section 99-19-73, as provided in Section 41-59-61, and any other funds made available for funding the trauma care system, shall be deposited into the fund. Funds appropriated from the Mississippi Trauma Care Systems Fund to the State Board of Health shall be made available for department administration and implementation of the comprehensive state trauma care plan for distribution by the department to designated trauma care regions for regional administration, for the department’s trauma specific public information and education plan, and to provide hospital and physician indigent trauma care block grant funding to trauma centers designated by the department. All designated trauma care hospitals are eligible to contract with the department for these funds. The Mississippi Trauma Care Escrow Fund is created as a special fund in the State Treasury. Whenever the amount in the Mississippi Trauma Care Systems Fund exceeds Twenty-five Million Dollars ($25,000,000.00) in any fiscal year, the State Fiscal Officer shall transfer the amount above Twenty-five Million Dollars ($25,000,000.00) to the Trauma Care Escrow Fund. Monies in the Trauma Care Escrow Fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Trauma Care Escrow Fund shall be deposited to the credit of the Trauma Care Escrow Fund.

Miss. Code Ann. § 41-59-77 Trauma registry data confidential and not subject to discovery or introduction into evidence in civil actions.

Data obtained under this chapter for use in the trauma registry is for the confidential use of the Mississippi State Department of Health and the persons, public entities or private entities that participate in the collection of the trauma registry data. Any data which identifies an individual or a family unit that is collected for use in the trauma registry shall be confidential and shall not be subject to discovery or introduction into evidence in any civil action.

Miss. Code Ann. § 41-59-79 Certification of first responders by State Board of Health [Repealed effective July 1, 2020].

Any person desiring certification as a medical first responder shall apply to the board using forms prescribed by the board. Each application for a medical first responder certificate shall be accompanied by a certificate fee to be fixed by the board, which shall be paid to the board. Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section 41-3-65. Upon the successful completion of the board’s approved medical first responder training program, the board shall make a determination of the applicant’s qualifications as a medical first responder as set forth in the regulations promulgated by the board, and shall issue a medical first responder certificate to the applicant.

Miss. Code Ann. § 41-59-81 Promulgation of rules and regulations governing first responder basic life support.

The State Board of Health is authorized to promulgate and enforce rules and regulations to provide for the best and most effective emergency medical care by medical first responders, and to comply with national standards for medical first responders. Notwithstanding any other provision of law, medical first responder personnel may be authorized to provide medical first responder services as defined by rules and regulations promulgated by the State Board of Health. Rules and regulations promulgated under this authority shall, as a minimum: Define and authorize functions and training programs for medical first responder personnel; however, all those training programs shall meet or exceed the performance requirements of the most current training program “First Responder: National Standard Curriculum” as developed by the United States Department of Transportation, National Highway Traffic Safety Administration. Specify minimum testing and certification requirements and provide for continuing education and periodic recertification for all medical first responder personnel. Counties, municipalities and designated EMS districts may regulate the activities of medical first responders in addition to the regulation imposed by rules and regulations promulgated by the State Board of Health. The State Board of Health and the State Department of Health shall not be authorized to regulate the activities of, or require the state certification of, those first responders who are not medical first responders.

Miss. Code Ann. § 41-59-83 Repealed.

Repealed by Laws, 2004, ch. 581, § 4. [Laws, 2002, ch. 623, § 2; brought forward without change, Laws, 2002, 1st Ex Sess, ch. 3, § 2, eff from and after June 21, 2002.]

Miss. Code Ann. § 41-59-85 Requirements for ambulances and special use medical service vehicles operating in emergency mode.

The driver of any vehicle other than an official emergency vehicle shall not follow any moving ambulance that is engaged in an emergency medical call closer than five hundred (500) feet, or park the vehicle within two hundred (200) feet of where the ambulance has stopped and a patient is either being loaded or unloaded. Every ambulance and special use EMS vehicle shall be marked with red lights front and back and also may be marked with white and amber lights in addition to red lights. Drivers of ambulances and special use EMS vehicles shall operate in the emergency mode with warning lights and siren at all times while engaged in an emergency medical call and operating the emergency vehicle in a manner to take exceptions to the traffic laws and regulations as provided in Section 63-3-1 et seq., so as to warn other drivers of nonemergency vehicles to yield the right-of-way of the authorized emergency vehicle. Ambulances and special use EMS vehicles may use emergency warning lights only if they are engaged in an emergency medical call and they are stopped or parked, or if they are moving and operating the vehicle in a manner so as to abide by all traffic laws and regulations as provided in Section 63-3-1 et seq. No driver of any ambulance or special use EMS vehicle shall assume any special privilege from traffic laws and regulations except when the emergency vehicle is operated in the emergency mode, with warning lights and siren, while engaged in an emergency medical call.

Miss. Code Ann. § 41-59-101 EMS Personnel Licensure Interstate Compact.

The EMS Personnel Licensure Interstate Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms in the form substantially as follows: EMS PERSONNEL LICENSURE INTERSTATE COMPACT Section 1. Purpose.In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives: Increase public access to EMS personnel; Enhance the states’ ability to protect the public’s health and safety, especially patient safety; Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation; Support licensing of military members who are separating from an active duty tour and their spouses; Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information; Promote compliance with the laws governing EMS personnel practice in each member state; and Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses. Section 2. Definitions.In this Compact: “Advanced Emergency Medical Technician (AEMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual’s license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority. “Alternative program” means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority. “Certification” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination. “Commission” means the national administrative body of which all states that have enacted the Compact are members. “Emergency Medical Technician (EMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. “Home state” means a member state where an individual is licensed to practice emergency medical services. “License” means the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. “Medical director” means a physician licensed in a member state who is accountable for the care delivered by EMS personnel. “Member state” means a state that has enacted this Compact. “Privilege to practice” means an individual’s authority to deliver emergency medical services in remote states as authorized under this Compact. “Paramedic” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. “Remote state” means a member state in which an individual is not licensed. “Restricted” means the outcome of an adverse action that limits a license or the privilege to practice. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Section 12 of this Compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the Compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule. “Scope of practice” means defined parameters of various duties or services that may be provided by an individual with specific credentials.Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform. “Significant investigatory information” means: Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond. “State” means any state, commonwealth, district, or territory of the United States. “State EMS authority” means the board, office, or other agency with the legislative mandate to license EMS personnel. Section 3. Home state licensure.(1) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this Compact. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this Compact. A home state’s license authorizes an individual to practice in a remote state under the privilege to practice only if the home state: Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels; Has a mechanism in place for receiving and investigating complaints about individuals; Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual; No later than five (5) years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with US CFR Section 731.202 and submit documentation of such as promulgated in the rules of the Commission; and Complies with the rules of the Commission. Section 4.Compact privilege to practice.(1) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3. To exercise the privilege to practice under the terms and provisions of this Compact, an individual must: Be at least eighteen (18) years of age; Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and Practice under the supervision of a medical director. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the Commission. Except as provided in Section 4(3), an individual practicing in a remote state will be subject to the remote state’s authority and laws.A remote state may, in accordance with due process and that state’s laws, restrict, suspend, or revoke an individual’s privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens.If a remote state takes action it shall promptly notify the home state and the Commission. If an individual’s license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored. If an individual’s privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual’s privilege to practice is restored. Section 5.Conditions of practice in a remote state. An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances: The individual originates a patient transport in a home state and transports the patient to a remote state; The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state; The individual enters a remote state to provide patient care and/or transport within that remote state; The individual enters a remote state to pick up a patient and provide care and transport to a third member state; Other conditions as determined by rules promulgated by the Commission. Section 6. Relationship to Emergency Management Assistance Compact.Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration. Section 7.Veterans, service members separating from active duty military, and their spouses.(1)Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses. All individuals functioning with a privilege to practice under this section remain subject to the adverse actions provisions of Section 8. Section 8.Adverse actions.(1)A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state. If an individual’s license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored. All home state adverse action orders shall include a statement that the individual’s Compact privileges are inactive.The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority. A member state shall report adverse actions and any occurrences that the individual’s Compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission. A remote state may take adverse action on an individual’s privilege to practice within that state. Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action. A home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state.In such cases, the home state’s law shall control in determining the appropriate adverse action. Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws.Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state. Section 9.Additional powers invested in a member state’s EMS authority. A member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this Compact to: Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence.Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings.The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and Issue cease and desist orders to restrict, suspend, or revoke an individual’s privilege to practice in the state. Section 10.Establishment of the Interstate Commission for EMS Personnel Practice. (1)The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice. The Commission is a body politic and an instrumentality of the Compact states. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. Membership, voting, and meetings. Each member state shall have and be limited to one (1) delegate.The responsible official of the state EMS authority or his designee shall be the delegate to this Compact for each member state.Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists.In the event that more than one (1) board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.A delegate shall vote in person or by such other means as provided in the bylaws.The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication. The Commission shall meet at least once during each calendar year.Additional meetings shall be held as set forth in the bylaws. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: Noncompliance of a member state with its obligations under the Compact; The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures; Current, threatened, or reasonably anticipated litigation; Negotiation of contracts for the purchase or sale of goods, services, or real estate; Accusing any person of a crime or formally censuring any person; Disclosure of trade secrets or commercial or financial information that is privileged or confidential; Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; Disclosure of investigatory records compiled for law enforcement purposes; Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or Matters specifically exempted from disclosure by federal or member state statute. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed.All documents considered in connection with an action shall be identified in such minutes.All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to: Establishing the fiscal year of the Commission; Providing reasonable standards and procedures: For the establishment and meetings of other committees; and Governing any general or specific delegation of any authority or function of the Commission; Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets.The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part.As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed; Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission; Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission.Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees; Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations; The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any; The Commission shall maintain its financial records in accordance with the bylaws; The Commission shall maintain its financial records in accordance with the bylaws; The Commission shall have the following powers: The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states; To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected; To purchase and maintain insurance and bonds; To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest; To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety; To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; To establish a budget and make expenditures; To borrow money; To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; To provide and receive information from, and to cooperate with, law enforcement agencies; To adopt and use an official seal; and To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of EMS personnel licensure and practice. Financing of the Commission. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state. The Commission shall keep accurate accounts of all receipts and disbursements.The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws.However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. Qualified immunity, defense, and indemnification. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. Section 11.Coordinated database.(1)The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this Compact is applicable as required by the rules of the Commission, including: Identifying information; Licensure data; Significant investigatory information; Adverse actions against an individual’s license; An indicator that an individual’s privilege to practice is restricted, suspended or revoked; Nonconfidential information related to alternative program participation; Any denial of application for licensure, and the reason(s) for such denial; and Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database. Section 12.Rulemaking.(1) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder.Rules and amendments shall become binding as of the date specified in each rule or amendment. If a majorityof the Legislatures of the member states rejects a rule, by enactmentof a statute or resolution in the same manner used to adopt the Compact,then such rule shall have no further force and effect in any memberstate. Rules or amendmentsto the rules shall be adopted at a regular or special meeting of theCommission. Prior to promulgationand adoption of a final rule or rules by the Commission, and at leastsixty (60) days in advance of the meeting at which the rule will beconsidered and voted upon, the Commission shall file a Notice of ProposedRulemaking: On the websiteof the Commission; and On the websiteof each member state EMS authority or the publication in which eachstate would otherwise publish proposed rules. The Notice ofProposed Rulemaking shall include: The proposedtime, date, and location of the meeting in which the rule will beconsidered and voted upon; The text of theproposed rule or amendment and the reason for the proposed rule; A request forcomments on the proposed rule from any interested person; and The manner inwhich interested persons may submit notice to the Commission of theirintention to attend the public hearing and any written comments. Prior to adoptionof a proposed rule, the Commission shall allow persons to submit writtendata, facts, opinions, and arguments, which shall be made availableto the public. The Commissionshall grant an opportunity for a public hearing before it adopts arule or amendment if a hearing is requested by: At least twenty-five(25) persons; A governmentalsubdivision or agency; or An associationhaving at least twenty-five (25) members. If a hearingis held on the proposed rule or amendment, the Commission shall publishthe place, time, and date of the scheduled public hearing. All persons wishingto be heard at the hearing shall notify the executive director ofthe Commission or other designated member in writing of their desireto appear and testify at the hearing not less than five (5) businessdays before the scheduled date of the hearing. Hearings shallbe conducted in a manner providing each person who wishes to commenta fair and reasonable opportunity to comment orally or in writing. No transcriptof the hearing is required, unless a written request for a transcriptis made, in which case the person requesting the transcript shallbear the cost of producing the transcript.A recording may be madein lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcriptor recording of the hearing if it so chooses. Nothing in thissection shall be construed as requiring a separate hearing on eachrule.Rules may be grouped for the convenience of the Commissionat hearings required by this section. Following thescheduled hearing date, or by the close of business on the scheduledhearing date if the hearing was not held, the Commission shall considerall written and oral comments received. The Commissionshall, by majority vote of all members, take final action on the proposedrule and shall determine the effective date of the rule, if any, basedon the rulemaking record and the full text of the rule. If no writtennotice of intent to attend the public hearing by interested partiesis received, the Commission may proceed with promulgation of the proposedrule without a public hearing. Upon determinationthat an emergency exists, the Commission may consider and adopt anemergency rule without prior notice, opportunity for comment, or hearing,provided that the usual rulemaking procedures provided in the Compactand in this section shall be retroactively applied to the rule assoon as reasonably possible, in no event later than ninety (90) daysafter the effective date of the rule.For the purposes of this provision,an emergency rule is one that must be adopted immediately in orderto: Meet an imminentthreat to public health, safety, or welfare; Prevent a lossof Commission or member state funds; Meet a deadlinefor the promulgation of an administrative rule that is establishedby federal law or rule; or Protect publichealth and safety. The Commissionor an authorized committee of the Commission may direct revisionsto a previously adopted rule or amendment for purposes of correctingtypographical errors, errors in format, errors in consistency, orgrammatical errors.Public notice of any revisions shall be postedon the website of the Commission.The revision shall be subject tochallenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revisionresults in a material change to a rule.A challenge shall be madein writing, and delivered to the chair of the Commission prior tothe end of the notice period.If no challenge is made, the revisionwill take effect without further action. If the revision is challenged,the revision may not take effect without the approval of the Commission. Section 13.Oversight, dispute resolution, and enforcement. (1)Oversight: The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent.The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes.Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules. Default, technical assistance and termination. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and Provide remedial training and specific technical assistance regarding the default. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination.A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted.Notice of intent to suspend or terminate shall be given by the Commission to the Governor, the majority and minority leaders of the defaulting state’s Legislature, and each of the member states. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices.The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees. Dispute resolution. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. Enforcement. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws.The relief sought may include both injunctive relief and damages.In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission.The Commission may pursue any other remedies available under federal or state law. Section 14.Date of implementation of the Interstate Commission for EMS personnel practice and associated rules, withdrawal, and amendment.(1)The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state.The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules.Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state.Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. Any member state may withdraw from this Compact by enacting a statute repealing the same. A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. Nothing contained in this Compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact. This Compact may be amended by the member states.No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. Section 15.Construction and severability.This Compact shall be liberally construed so as to effectuate the purposes thereof.If this Compact shall be held contrary to the Constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining member states.Nothing in this Compact supersedes state law or rules related to licensure of EMS agencies.

Miss. Code Ann. § 41-59-103 “State EMS Authority” defined.

The term “State EMS Authority,” as referred to in Section 2 of the EMS Personnel Licensure Interstate Compact, means the Mississippi State Board of Health acting through the Mississippi State Department of Health.