STATE OF MISSISSIPPI
Office of the Governor

.

EXECUTIVE ORDER NO. 1471

 

 

 

WHEREAS, on March 14, 2020, pursuant to the Constitution of the State of Mississippi and Miss. Code
Ann. I issued a Proclamation declaring that a State of Emergency exists in the State of
Mississippi as a result of the outbreak of and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary
Alex Azar declared a public health emergency for beginning on January 27, 2020, on March
11, 2020, the World Health Organization characterized COVID-19 as a pandemic, and on March 13, 2020,
the President of the United States declared a nationwide state of emergency due to the coronavirus
COVID-19 pandemic; and

WHEREAS, the risk of spread of COVID-19 within Mississippi continues to constitute a public
emergency that may result in substantial injury or harm to life, health, and property within Mississippi; and

WHEREAS, as of April 9, 2020, there were 2,469 positive cases of COVID-19 in the State of Mississippi,
with 82 of those cases having resulted in death; and

WHEREAS, despite social distancing measures and shelter in place orders, a surge of cases
has been projected over the next 3-5 weeks requiring preservation of and immediate access to vital
healthcare resources, including hospital facilities, medical personnel, medical equipment and personal
protective equipment and

WHEREAS, for the preservation of public health and safety throughout the entire State of Mississippi,
and to ensure that our healthcare delivery system is capable of serving those who are sick, it is necessary to
take additional measures to respond to the COVID-19 emergency; and

WHEREAS, the scope of this unprecedented pandemic is global and taxing resources and providers
throughout the United States healthcare infrastructure, Pandemic is putting strain on US hospitals,
CLARION LEDGER, April 7, 2020, at 3A, and the Mississippi response to the COVID-19 outbreak is beyond
local control requiring additional measures including immediate collaboration and cooperation among
public and private healthcare facilities and the physicians, nurses, clinical staff and other of?ce employees
and agents of such facilities; and

WHEREAS, it is essential and urgent to ensure that Mississippi has adequate bed capacity, equipment,
supplies, and healthcare providers to treat patients af?icted with COVID-19, as well as patients af?icted
with other conditions; and

WHEREAS, it is essential and urgent to ensure that the healthcare workforce is equipped and able to
assist with efforts to cope with the unprecedented need in response to COVID-19, particularly as some
frontline healthcare workers are either infected by or otherwise exposed to the Virus, forcing
them to quarantine away from healthcare facilities and patients; and

WHEREAS, on March 24, 2020, Department of Health and Human Services Secretary Alex Azar sent a
letter to all governors with recommendations to expand the healthcare workforce capacity to respond to the
pandemic, including allowing professionals to practice in all settings of care and allowing physicians to
supervise a greater number of other health professionals including by remote means; and

WHEREAS, under Mississippi?s emergency pandemic response plan, the Mississippi State Department of
Health (MSDH) is designated as the coordinating agency for response operations; and

WHEREAS, a surge of COVID-19 cases is anticipated in the immediate future creating a compelling state
interest to adopt additional measures to rapidly expand Mississippi?s healthcare system?s capacity to treat
those diagnosed with COVID-19, many of whom may require emergency or intensive care; and

WHEREAS, there is a compelling need to engage Healthcare Facilities and Healthcare Professionals
including physicians, nurses, and other clinical staff who currently hold unrestricted licenses to practice

and are able to supplement the existing health workforce to provide direct patient care, telemedicine and
other supervisory and support services to other frontline providers treating and

WHEREAS, there is a compelling need to maximize participation of Healthcare Professionals and
Healthcare Facilities in treating COVID-19 patients to ensure that Mississippians have access to treatment
when needed; and

WHEREAS, in light of the emergent need to expand the capacity of Healthcare Facilities to support and
contribute to the statewide effort to combat it is necessary for Healthcare Professionals and
Healthcare Facilities to provide services and acts in support of the State?s COVID-19 response that they
would not provide in the ordinary course of their practice/business; and

WHEREAS, although Mississippi law provides some protections for Healthcare Professionals and
Healthcare Facilities assisting in the effort to combat COVID-19, it is necessary to provide additional
protections against liability in order to achieve the State?s compelling interest to rapidly expand the
capacity of its healthcare system to provide care during the pandemic; and

WHEREAS, eliminating obstacles or barriers to the provision of healthcare services and supplies during
the anticipated surge in cases is necessary to ensure Mississippi?s healthcare system has
adequate capacity to provide care to all who need it.

NOW, THEREFORE, I, Tate Reeves, Governor of the State of Mississippi, by the authority vested in me
by the Constitution and laws of the State of Mississippi, do hereby order and direct as follows:

1. Duration: This Executive Order shall be effective from and after execution and shall remain in full
force and effect until 11:59 pm. on May 15, 2020, unless it is modi?ed, amended, rescinded, or
superseded.

II. For purposes of this Executive Order, the following terms are de?ned as set forth below:

a. ?Healthcare Facilities? means licensed or state approved hospitals, clinics, nursing
homes, mental health centers, ?eld hospitals or other facilities designated by MSDH or
Mississippi Emergency Management Agency (MEMA) for temporary use for the purposes
of providing healthcare services in support of the State's COVID-19 response.

b. ?Healthcare Facility? is the singular form of the plural ?Healthcare Facilities.?

0. ?Healthcare Professional? means an individual who is licensed, registered, permitted, or
certi?ed in any state in the United States to provide health care services, whether paid or
unpaid, or any volunteer approved by MSDH or MEMA who

i. is providing health care services at a Healthcare Facility in response to the 
19 outbreak and is authorized to do so; or

ii. is working under the direction of MEMA or MSDH in response to the March 14,
2020 Disaster Proclamation and as thereafter may be amended.

Pursuant to the Mississippi Emergency Management Act including but not limited to Miss. Code.
Ann. and notwithstanding any provision of the Mississippi Code
Annotated, or any associated regulations, rules, policies, or procedures, any Healthcare
Professional or Healthcare Facility, absent a showing of malice, reckless disregard or willful
misconduct, shall be immune from suit for civil liability for any injury or death alleged to have
been sustained because of the Healthcare Professional?s or Healthcare Facility's acts or omissions
while providing healthcare services including, but not limited to, screening, assessing, diagnosing,
treating patients for COVID-19 or otherwise acting in support of the State's COVID-19 response,
including but not limited to acts or omissions undertaken because of a lack of resources attributable
to the COVID-19 pandemic that renders the Healthcare Professional or Healthcare Facility unable
to provide the level or manner of care that otherwise would have been required in the absence of
the COVID-19 pandemic. Such immunity shall not extend to acts or omissions that constitute a
crime, fraud, malice, reckless disregard, willful misconduct, or would otherwise constitute a false
claim pursuant to 31 U.S.C. ?3729 et seq.

IV.

VI.

VII.



IX.

 

Nothing in this Executive Order shall be construed to preempt, remove or limit any applicable
defense, including but not limited to immunity from civil liability available to any Healthcare
Professional or Healthcare Facility conferred by any provision of the Mississippi Code Annotated
or other law.

Any provision of the Mississippi Code Annotated, rule, regulation or other law inconsistent with
the limitation of liability provided by this Executive Order is suspended.

That due to the urgent need to maintain an adequate workforce of Healthcare Professionals in
Mississippi?s Healthcare Facilities where they are needed, the credentialing and privileging
procedures provided by law and those in hospital or medical staff bylaws, rules, regulations and
policies may unnecessarily impede the ability of the healthcare workforce to respond to the
COVID-19 outbreak. Accordingly, pursuant to Miss. Code Ann. and 33-15-31,
the MSDH is authorized and empowered to make, amend, and rescind such orders, rules, and
regulations that it deems necessary for Healthcare Professionals to provide healthcare services in
Healthcare Facilities. Healthcare Facilities making decisions to grant or deny privileges to
Healthcare Professionals pursuant to such MSDH orders, rules and/or regulations are subject to
immunity granted in Paragraph of this Executive Order.

That due to the urgent need to maintain an adequate workforce of Healthcare Professionals in
Mississippi?s Healthcare Facilities where they are needed, pursuant to Miss. Code Ann. 33-15-
31, the Mississippi State Board of Nursing is authorized and empowered to make, amend, and
rescind such orders, rules, and regulations that it deems necessary for Healthcare Professionals to
provide health care services in Healthcare Facilities in response to the outbreak.

That due to urgent need to maintain an adequate workforce of Healthcare Professionals in
Mississippi?s Healthcare Facilities where they are needed, pursuant to Miss. Code Ann. 33?15-
31, the Mississippi State Board of Medical Licensure is authorized and empowered to make,
amend, and rescind such orders, rules, and regulations that it deems necessary for Healthcare
Professionals to provide health care services in Healthcare Facilities in response to the COVID-19
outbreak.

If any provision of this Executive Order or its application to any person or circumstance is held
invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or
application of this Executive Order, which can be given effect without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order are declared to be
severable.

This Executive Order shall remain in effect and in full force until 11:59 pm. on May 15, 2020,
unless it is modi?ed, amended, rescinded, or superseded.

IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Mississippi to be af?xed.

DONE in the City of Jackson, on the my day of April, in
the year of our Lord, two thousand and twenty, and of the
Independence of the United States of America, the two
hun red (1 forty-fourth.

 

MI HAEL WATSON
SE RETARY OF STATE