Miss. Code Ann. § 41-41-203: Miss. Code Ann. § 41-41-203
Where this section sits in the code
- MS Code
- Title 41
For purposes of Chapter 41 of Title 41, Mississippi Code of 1972 , the following words shall have the meaning ascribed in this section unless the context shall otherwise require:
(a) “ Adult ” means an individual who is eighteen (18) years of age or older.
(b) “ Advance health-care directive ” means an individual instruction or a power of attorney for health care.
(c) “ Agent ” means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power.
(d) “ Capacity ” means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision.
(e) “ Emancipated minor ” means an individual under the age of eighteen (18) years who:
(i) Is or has been married;
(ii) Has been adjudicated generally emancipated by a court of competent jurisdiction; or
(iii) Has been adjudicated emancipated for the purpose of making health-care decisions by a court of competent jurisdiction.
(f) “ Guardian ” means a judicially appointed guardian or conservator having authority to make a health-care decision for an individual.
(g) “ Health care ” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(h) “ Health-care decision ” means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care, including:
(i) Selection and discharge of health-care providers and institutions;
(ii) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and
(iii) Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care.
The phrase “ health-care decision ” does not include decisions made pursuant to Sections 41-39-31 through 41-39-51 , the “ Anatomical Gift Law .”
(i) “ Health-care institution ” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.
(j) “ Health-care provider ” means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.
(k) “ Individual instruction ” means an individual's direction concerning a health-care decision for the individual.
(l) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(m) “ Physician ” means an individual authorized to practice medicine or osteopathy under Title 73, Chapter 25, Mississippi Code of 1972 .
(n) “ Power of attorney for health care ” means the designation of an agent to make health-care decisions for the individual granting the power.
(o) “ Primary physician ” means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility.
(p) “ Reasonably available ” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health-care needs.
(q) “ State ” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
nsibility.
(p) “ Reasonably available ” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health-care needs.
(q) “ State ” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(r) “ Supervising health-care provider ” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health-care provider who has undertaken primary responsibility for an individual's health care.
(s) “ Surrogate ” means an individual, other than a patient's agent or guardian, authorized under Sections 41-41-201 through 41-41-229 to make a health-care decision for the patient.
Collected 2026-09-14T18:32:17Z. Source file · JSON