MCA Chapter 74

in effect

Miss. Code Ann. § 75-74-1 Short title.

This chapter may be cited as the “Mississippi Youth Camp Safety and Health Law.”

Miss. Code Ann. § 75-74-3 Definitions.

In this chapter, unless the context requires a different definition: “Board” shall mean the State Board of Health. “Camper” shall mean any child six (6) to eighteen (18) years of age who is attending a youth camp. “Health officer” shall mean the state health officer, Mississippi State Board of Health. “Person” shall mean any individual, partnership, corporation, association or organization. “Youth camp” shall mean any camp operating on a permanent campsite for four (4) or more consecutive periods of twenty-four (24) hours, and accommodating twenty (20) or more children six (6) to eighteen (18) years of age; provided, however, athletic camps and hunting and fishing camps shall not be included in this definition. “Permanent campsite” shall mean a campground containing within the premises thereof permanent structures and installed facilities which are primarily used for camping purposes by a youth camp operator; provided, however, facilities owned by the State of Mississippi, any political subdivision thereof or any public or private university, college or junior college shall not be included in this definition. “Youth camp operator” shall mean any person who owns, operates, controls or supervises, whether or not for profit, a youth camp.

Miss. Code Ann. § 75-74-5 General duties of youth camp operators.

Each youth camp operator shall provide each camper with safe and healthful conditions, facilities and equipment, free from recognized hazards which cause or may tend to cause death, serious illness or bodily harm.

Miss. Code Ann. § 75-74-7 State board of health is principal authority on youth camp health and safety.

The State Board of Health is the principal authority in the state on matters relating to the condition of safety and health at youth camps in Mississippi. The board has the powers and duties set out in this chapter and all other powers necessary and convenient to carry out its responsibilities.

Miss. Code Ann. § 75-74-8 Temporary licenses for nonresident or retired physicians or nurses to practice at youth camps.

Any nonresident physician who is not licensed to practice medicine in this state and any resident physician who is retired from the active practice of medicine in this state may be issued a temporary license by the state board of medical licensure to practice medicine at a youth camp licensed by the State Board of Health under this chapter while serving as a volunteer at such a camp, provided that any such nonresident physician shall hold a valid license to practice medicine in another state and the medical licensing authority of that state shall certify to the board of medical licensure in writing that such license is in good standing, and that any such retired resident physician shall be in good standing with the board of medical licensure. Any nonresident registered nurse who is not licensed to practice nursing in this state and any resident registered nurse who is retired from the active practice of nursing in this state may be issued a temporary license by the Mississippi Board of Nursing to practice nursing at a youth camp licensed under this chapter by the State Board of Health while serving as a volunteer at such a camp, provided that any such nonresident nurse shall hold a valid license to practice nursing in another state and the nurse licensing authority of that state shall certify to the board of nursing in writing that such license is in good standing, and that any such retired resident nurse shall be in good standing with the board of nursing. The board of nursing shall be authorized to require any resident registered nurse who has been retired from the active practice of nursing in this state for five (5) or more consecutive years to complete a nursing reorientation program prescribed by the board before the board will issue a temporary license to practice nursing at a youth camp to such nurse. A temporary license issued under subsection (1) or (2) of this section shall authorize the physician or registered nurse to whom the license is issued to administer treatment and care within the scope of his training to campers and employees of the youth camp, but shall not authorize the physician or registered nurse to otherwise practice in the state. Such temporary license shall be valid only during the time that the physician or registered nurse is in residence at the camp, but in no event shall such license be valid for more than ninety (90) days. A new temporary license shall be obtained by a physician or registered nurse each time that he serves as a volunteer at a youth camp. The fee for each such license shall be twenty-five dollars ($25.00), which shall be payable to the board from which the license is obtained.

Miss. Code Ann. § 75-74-9 Promulgation of rules and regulations; advisory council on youth camp safety.

The State Board of Health shall have the authority and the duty to make and promulgate rules and regulations consistent with the policy and purpose of this chapter, and to amend any rule or regulation it makes. In developing such rules and regulations, the board shall consult with appropriate public and private officials and organizations and parents and camp operators. It shall be the duty of the board to advise all existing youth camps in this state of this chapter and any rules and regulations promulgated under this chapter. There is created within the State Board of Health the advisory council on youth camp safety to advise and consult on policy matters relating to youth camp safety. The council consists of the health officer or his representative and a minimum of eight (8) members appointed by the State Health Officer, including the following groups: one (1) member representative each from a private nonsectarian camp, a church-related or sponsored camp, the Girl Scouts of America, the Boy Scouts of America, the Mississippi Camping Association, camps for the handicapped and civic organization camps; and a consumer, a parent or an older youth with prior camping experience. A member is entitled to hold office for two (2) years or until his successor is appointed and qualifies. The State Health Officer or his representative shall fill vacancies for unexpired terms. Council members serve without compensation, but are entitled to be reimbursed for actual expenses incurred in the performance of their duties. The State Health Officer may appoint special advisory or technical experts and consultants as are necessary to assist the council in carrying out its functions. No rule or regulation promulgated or amended by the board under this chapter shall be effective until a public hearing is held thereon. Notice of a public hearing, including the time, date and location of the hearing and the substance of the proposed rule, regulation or amendment, shall be given by the board to each licensee of a youth camp and the general public not less than ten (10) days nor more than thirty (30) days before the hearing. Any interested person may appear at the hearing to present evidence or testimony concerning the proposed rule, regulation or amendment.

Miss. Code Ann. § 75-74-11 Restrictions on operation or sponsorship of youth camps; license requirement; renewal of license [Repealed effective July 1, 2020].

No person or organization may operate or sponsor a youth camp in Mississippi without first holding a valid license under this chapter and without complying with the provisions of this chapter and with any rule, regulation or order of the State Board of Health. Each application for a license to operate or sponsor a youth camp shall be accompanied by a license fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the board. A license issued under this chapter may be renewed upon payment of a renewal fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the board. Any increase in the fees charged by the board under this section shall be in accordance with the provisions of Section 41-3-65. No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

Miss. Code Ann. § 75-74-13 Repealed.

Repealed by Laws, 1999, ch. 327, § 2, eff from and after July 1, 1999. [Laws, 1977, ch. 459, § 7, eff from and after July 1, 1977]

Miss. Code Ann. § 75-74-15 Curriculum, program or ministry of youth camps unaffected.

Nothing in this chapter shall authorize any state agency or any official acting under this chapter to restrict, determine or influence the curriculum, program or ministry of any youth camp.

Miss. Code Ann. § 75-74-17 Penalties.

No person may operate a youth camp in Mississippi without complying with all provisions of this chapter, and any rules, regulations and orders of the State Board of Health. Any person operating a youth camp in Mississippi without a license shall be guilty of a misdemeanor. Each day shall constitute a separate offense.

Miss. Code Ann. § 75-74-19 Disposition of fees and penalties.

All fees collected by the State Board of Health under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund hereby created in the state treasury and shall be used for the implementation and administration of this chapter when appropriated by the legislature for such purpose.