37-33-263 - Creation of spinal cord and traumatic brain injuries registry.
§ 37-33-263. Creation of spinal cord and traumatic brain injuries registry.
(1) The State Board of Health shall establish in the State Department of Health a program to:
(a) Identify and investigate spinal cord and traumatic brain injuries; and
(b) Maintain a central registry for cases of spinal cord and traumatic brain injuries.
(2) The State Department of Health shall design the registry program so that it will:
(a) Provide information in a central data bank of accurate, precise and current information on spinal cord and traumatic brain injuries;
(b) Provide for the collection of such data to identify risk factors and causes of spinal cord and traumatic brain injuries;
(c) Provide information for early identification of spinal cord and traumatic brain injuries:
(d) Provide for the dissemination of such data for the purposes of care and support for persons with spinal cord and traumatic brain injuries;
(e) Provide for the analysis of such data for the purpose of prevention.
(3) The State Board of Health shall adopt rules, regulations and procedures to govern the operation of the registry program and to carry out the intent of this section.
(4) The State Board of Health in its rules and regulations shall specify the types of information to be provided to the spinal cord and traumatic brain injuries registry and the persons and entities who are required to provide such information to the registry.
(5) The State Board of Health by rule shall prescribe the manner in which records and other information are made available to the State Department of Health.
(6) Information collected and analyzed by the State Department of Health under this section shall be placed in a central registry to facilitate research and to maintain security.
(a) Data obtained under this section directly from the medical records of a patient is for the confidential use of the State Department of Health and the persons or public or private entities that the State Department of Health determines are necessary to carry out the intent of this section. 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 section.
(b) Information that may identify an individual whose medical records have been used for obtaining data under this section is not available for public inspection under the Mississippi Public Records Act of 1983.
(c) Statistical information collected under this section is public information.
(7) The State Department of Health may use the registry to:
(a) Investigate the causes of spinal cord and traumatic brain injuries and other health conditions as authorized by statute;
(b) Design and evaluate measures to prevent the occurrence of spinal cord and traumatic brain injuries, and other conditions;
(c) Conduct other investigations and activities necessary for the State Board of Health and the State Department of Health to fulfill their obligation to protect the public health; and
(d) Identify those persons who cannot achieve complete independence after suffering spinal cord and traumatic brain injuries.
(8) Any person or entity who misuses the information provided to the registry shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each such failure or misuse. Such penalty shall be assessed and levied by the State Board of Health after a hearing, and all such penalties collected shall be deposited into the State General Fund.
(9) The State Health Officer may appoint or delegate his authority to establish and appoint an advisory council, for the purposes of this section, to the State Department of Rehabilitation Services Advisory Council on Spinal Cord Injuries and Traumatic Brain Injuries. The advisory council may designate a subcommittee to act as the registry's advisor. The State Board of Health shall consult and be advised by the committee on the promulgation of rules, regulations and procedures for the purposes of this section.
Sources: Laws, 1997, ch. 491, § 7, eff from and after July 1, 1997.