Mississippi Code

Miss. Code Ann. § 41-75-13 (2026)

Promulgation of rules, regulations and standards

✓ current as of July 2026

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(1) The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to ambulatory surgical facilities and abortion facilities, freestanding emergency rooms and post-acute residential brain injury rehabilitation facilities licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving services from such facilities. The licensing agency also shall adopt, amend, promulgate and enforce rules, regulations and standards with respect to the enforcement of the informed consent requirements of Sections 41-41-31 through 41-41-39 at abortion facilities. Such rules, regulations and standards for freestanding emergency rooms shall include a patient transfer policy under which the freestanding emergency room enters into an agreement with a general hospital for a protocol for patient transfers. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section 25-43-1 et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules and Regulations for Operation of Ambulatory Surgical Facilities and Abortion Facilities, Freestanding Emergency Room Facilities and Post-Acute Residential Brain Injury Rehabilitation Facilities." The book shall be open and available to all ambulatory surgical facilities and abortion facilities, freestanding emergency rooms and post-acute residential brain injury rehabilitation facilities and the public during regular business hours.

(2) The licensing agency shall not issue licenses for more than five (5) pilot freestanding emergency rooms. The licensing agency shall adopt criteria for determining which applicants will have priority for receiving a license if there are more than five (5) applications for pilot freestanding emergency room licenses.

Laws, 1983, ch. 433, § 7; Laws, 1986, ch. 437, § 25; Laws, 1991, ch. 301, § 4; Laws, 1996, ch. 442, § 4, eff. 7/1/1996.

Amended by Laws, 2022, ch. 436, SB 2735,§ 2, eff. 7/1/2022.

Amended by Laws, 2017, ch. 327, HB 478, 4, eff. 7/1/2017.

Amended by Laws, 2016, ch. 309, SB 2297, 4, eff. 7/1/2016.

Notes of Decisions

Cited in 4 cases, 1995–1998 · leading case: Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998).

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Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998). · cites it 4× “*661 Miss. Code Ann. § 41-75-13 (Supp. 1997). [6] Pursuant to this authority, the State Health Department adopted §§ 102.”

McMillan v. City of Jackson, 701 So. 2d 1105 (Miss. 1997). · cites it 2× “In accordance with this statutory authority, the Department has issued regulations prohibiting the performance of an abortion beyond the sixteenth (16th) week of pregnancy, in an abortion facility. Minimum Standards of Operation for Abortion Facilities, Mississippi State…”

Pro-Choice Mississippi v. Kirk Fordice (Miss. 1995). · cites it 4× “Miss. Code Ann. § 41-75-13 (Supp. 1997).(6) Pursuant to this authority, the State Health Department adopted §§ 102.”

Beverly McMillan v. City of Jackson, Mississippi (Miss. 1995). · cites it 2× “In accordance with this statutory authority, the Department has issued regulations prohibiting the performance of an abortion beyond the sixteenth (16th) week of pregnancy, in an abortion facility. Minimum Standards of Operation for Abortion Facilities, Mississippi State…”

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