MCA Chapter 91

in effect

Miss. Code Ann. § 41-91-1 Short title.

This chapter shall be known and may be cited as the Mississippi Cancer Registry Act.

Miss. Code Ann. § 41-91-3 Definitions.

The following words shall have the meanings ascribed herein unless the context clearly requires otherwise: “Board” means the State Board of Health. “Department” means the State Department of Health.

Miss. Code Ann. § 41-91-5 Department to establish and maintain central cancer registry; central data bank; use of data.

The department may establish and maintain a central cancer registry for the state. The cancer registry shall be a central data bank of accurate, precise and current information that medical authorities agree serves as an invaluable tool in the early recognition, prevention, cure and control of cancer. Registry data can be used to plan and evaluate cancer control measures in the areas of risk assessment, prevention, early detection, patient care, public and professional education and clinical research.

Miss. Code Ann. § 41-91-7 Board to adopt rules and regulations; powers of board.

The board may adopt rules and regulations that the board considers necessary to implement this chapter. The board in its rules and regulations shall specify the types of information to be provided to cancer registry and the persons and entities who are required to provide such information to the cancer registry. The department may: Execute contracts that the department considers necessary; Receive the data from medical records of cases of cancer that are in the custody or under the control of clinical laboratories, hospitals, physician’s offices and cancer treatment centers or other health-care providers to record and analyze the data related to those diseases; Compile and publish statistical and other studies derived from the patient data obtained under this chapter to provide, in an accessible form, information that is useful to physicians, other medical personnel and the general public; Comply with requirements as necessary to obtain federal funds in the maximum amounts and most advantageous proportions possible; and Receive and use gifts made for the purpose of this chapter.

Miss. Code Ann. § 41-91-9 Department to publish reports with other cancer reporting organizations and research institutions.

The department, in cooperation with other cancer reporting organizations and research institutions, may publish reports the department determines are necessary or desirable to carry out the purpose of this chapter.

Miss. Code Ann. § 41-91-11 Confidentiality of patients’ medical records.

Data obtained under this chapter directly from the medical records of a patient is for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of this chapter. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this chapter. Information that may identify an individual whose medical records have been used for obtaining data under this chapter is not available for public inspection under the Mississippi Public Records Act of 1983. Statistical information collected under this chapter is public information.

Miss. Code Ann. § 41-91-13 Persons exempt from civil or criminal liability for furnishing information.

The following persons who act in compliance with this chapter are not civilly or criminally liable for furnishing the information required hereunder: A hospital, clinical laboratory, cancer treatment center or other health-care facility; An administrator, officer or employee of a hospital, clinical laboratory, cancer treatment center or other health-care facility; and A physician or employee of a physician.

Miss. Code Ann. § 41-91-15 Penalties for failure to provide, or for misuse of, information.

Any person or entity who fails to provide the information required to be provided to the cancer registry or who misuses the information provided to the cancer registry shall be subject to a civil penalty of Fifty Dollars ($50.00) for each such failure or misuse. Such penalty shall be assessed and levied by the board after a hearing, and all such penalties collected shall be deposited into the State General Fund.