MCA Chapter 33

in effect

Miss. Code Ann. § 41-33-1 “Active tuberculosis” defined.

For the purposes of Sections 41-33-1 through 41-33-15, the words “active tuberculosis” shall be construed to mean that tuberculosis is present in a communicable or infectious stage as established by chest x-ray, laboratory examination of sputum or other fluids, or tissues from the patient, or other methods approved by the executive officer of the state board of health.

Miss. Code Ann. § 41-33-3 Compulsory commitment of active tuberculosis cases to hospital.

Any person who has been diagnosed as having active tuberculosis and who fails or refuses to carry out minimum precautions outlined to him in writing by the county health officer for the prevention of spread of the disease to another may be committed under duress to any hospital under contract with the state department of health providing services to the tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis so long as his disease is active or until such time as it is believed by the county health officer that he will carry out suitable precautions at home to prevent spread of the disease. Any contractual agreement between the Mississippi Department of Corrections and the state department of health shall be voluntary, discretionary and mutually agreed upon by the contracting parties.

Miss. Code Ann. § 41-33-5 Request for approval of court action for commitment.

When the county health officer in any county deems that it is necessary for the protection of the public health for any person who has active tuberculosis to be committed for treatment under duress and desires to proceed with commitment, he shall present in writing to the executive officer of the state board of health a request for his approval of court action to require care. Such request shall include an outline of the facts which show the necessity of commitment.

Miss. Code Ann. § 41-33-7 Affidavit and hearing in chancery court.

Upon approval by the executive officer of the Mississippi State Board of Health, the county health officer may make affidavit and file it with the clerk of the chancery court of any county in which such person might then be found. Such affidavit shall request that such person be adjudged to be suffering from active tuberculosis and that such person be committed to and confined in any hospital under contract with the state board of health providing services to tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis. Whenever such affidavit shall be filed with the chancery clerk, the said clerk, or the chancellor of said court, shall issue a citation ordering said person alleged to be suffering from such active tuberculosis to appear and show cause why he should not be committed to and confined in a hospital for treatment of tuberculosis in Mississippi or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis. At the same time that the sheriff serves the citation he shall deliver to such person a copy of the county health officer’s request of approval of contemplated action and a copy of the approval of such action by the executive officer of the Mississippi State Board of Health. The hearing shall be conducted in open court and the person alleged to be suffering from active tuberculosis shall have the privilege of counsel of his own selection. Said hearing shall be held on a day not less than five (5) days from the date of such service of citation. Provided, however, the chancellor may order the hearing at an earlier day when, in his discretion, he deems such to be in the interest of the public health.

Miss. Code Ann. § 41-33-9 Order of commitment to hospital.

If at the hearing the court shall find that the person is suffering from active tuberculosis and that his commitment is in the best interest of the public’s health, an order adjudging such fact shall be entered and the clerk shall issue a writ directed to the sheriff to deliver such person to the hospital or facility of the Mississippi Department of Corrections under contract ordered by the court, and such sheriff shall execute such writ and deliver such person accordingly. The order of the court shall further provide that such person shall submit to such reasonable rules and regulations as may be found necessary for his treatment and the protection of other persons. The chancery court shall have continuing jurisdiction of such person until it is determined by the county health officer that he or she no longer threatens the public health, and if such person violates any of the provisions of the order of the court he shall be in contempt.

Miss. Code Ann. § 41-33-11 Discharge from hospital.

With the approval of the county health officer, the attending physician may discharge such person to home care under supervision of the county health officer in the county in which the patient expects to reside.

Miss. Code Ann. § 41-33-13 Cost of hospital care.

Individuals committed under Section 41-33-9 shall be subject to the usual financial arrangement as to cost of care as is generally observed by that institution’s management.

Miss. Code Ann. § 41-33-15 Submission to medical examination.

When any county health officer has reasonable grounds to believe that any person has active tuberculosis, he shall formally request such person to submit to a medical examination. In order to protect the health, safety, and welfare of the public, it shall be a misdemeanor for any person to refuse to submit to a medical examination when the county health officer has reasonable grounds to believe that such person has active tuberculosis, and upon conviction, such person shall be fined not more than Fifty Dollars ($50.00) or imprisoned not longer than thirty (30) days, or both.

Miss. Code Ann. § 41-33-17 Repealed.

Repealed by Laws, 1983, ch. 522, § 50, eff from and after July 1, 1983. § 41-33-17 . [Codes, Hemingway’s 1917, § 7915; 1930, § 4529; 1942, § 6870; Laws, 1916, ch. 109; Laws, 1971, ch. 312, § 1] § 41-33-19 . [Codes, Hemingway’s 1917, § 7916; 1930, § 4530; 1942, § 6871; Laws, 1916, ch. 109] § 41-33-21 . [Codes, Hemingway’s 1917, § 7917; 1930, § 4531; 1942, § 6872; Laws, 1916, ch. 109; Laws, 1924, ch. 302; Laws, 1934, ch. 381; Laws, 1966, ch. 451, § 1; Laws, 1971, ch. 312, § 2] § 41-33-23 . [Codes, Hemingway’s 1917, § 7921; 1930, § 4536; 1942, § 6877; Laws, 1916, ch. 109] § 41-33-25 . [Codes, 1930, § 4532; 1942, § 6873; Laws, 1924, ch. 304] § 41-33-27 . [Codes, 1930, § 4537; 1942, § 6878; Laws, 1924, ch. 308; Laws, 1928, Ex. Sess. ch. 67; Laws, 1964, ch. 427; Laws, 1971, ch. 312, § 3] § 41-33-29 . [Codes, Hemingway’s 1917, § 7918; 1930, § 4533; 1942, § 6874; Laws, 1916, ch. 109; Laws, 1918, ch. 176] § 41-33-31 . [Codes, Hemingway’s 1917, § 7919; 1930, § 4534; 1942, § 6875; Laws, 1916, ch. 109] § 41-33-33 . [Codes, 1942, § 6880-01; Laws, 1946, ch. 252, §§ 1-5] § 41-33-35 . [Codes, 1930, §§ 4538, 4539; 1942, §§ 6879, 6880; Laws, 1922, ch. 277] § 41-33-37 . [Codes, 1942, § 6880-11; Laws, 1956, ch. 306] § 41-33-39 . [Codes, Hemingway’s 1917, §§ 4882-4884, 7920; 1930, §§ 4535, 4918-4920; 1942, §§ 6876, 7074-7076; Laws, 1910, ch. 130; Laws, 1916, ch. 109] Editor’s Notes — Former § 41-33-17 continued the existence of the Tuberculosis Sanatorium of Mississippi. Former § 41-33-19 authorized the state board of health to hire a superintendent and other personnel necessary for management of the Tuberculosis Sanatorium of Mississippi. Former § 41-33-21 directed the board of health to establish the qualifications for admissions and the of cost of patient care. Former § 41-33-23 authorized the board of health to accept gifts for benefit of the sanatorium. Former § 41-33-25 authorized the state board of health to contract with local governments or other organizations for the treated of persons in the sanatorium. Former § 41-33-27 authorized municipalities and counties to provide treatment for persons suffering from tuberculosis and other respiratory diseases. Former § 41-33-29 established a bureau for tuberculosis. Former § 41-33-31 directed the bureau to operate a correspondence school for advising patients. Former § 41-33-33 provided for educational facilities and training for patients. Former § 41-33-35 authorized the board of health to sell electric current from a certain tuberculosis sanatorium. Former § 41-33-37 pertained to the disposition of obsolete equipment and personal property. Former § 41-33-39 required physicians and others to file report of persons afflicted with tuberculosis, and other diseases.