Cocke, 020680 MSAGO, 19800206

Case DateFebruary 06, 1980
CourtSouth Carolina
Honorable John H. Cocke
No. 19800206
Mississippi Attorney General Opinions
February 6, 1980
         Honorable John H. Cocke          Holcomb, Dunbar, Connell, Merkel, Tollison & Khayat          P. O. Box 368          Clarksdale, Mississippi 38614          Dear Mr. Cocke:          Attorney General Bill Allain has received your opinion request and has assigned it to me for research and reply. In your letter you state in part:
“I am writing you on behalf of the Board of Trustees of the Northwest Mississippi Regional Medical Center, Clarksdale, Mississippi. The Medical Center has been looking for a qualified pharmacist for some period of time, and has finally been able to locate one willing to move to Clarksdale. However, the potential pharmacist is related in an indirect way to a member of the Board of Trustees, and we need your opinion as to whether or not the Nepotism Statute, Section 25-1-53, Mississippi Code of 1972, prohibits the employment of this potential pharmacist under the facts described below. The potential pharmacist is the wife of the son of a sister of a member of the Board of Trustees. Specifically, our question is whether or not a chief pharmacist would be considered a 'officer, clerk, stenographer, deputy or assistant' as those terms are used in Section 25-1-53 . In addition, the statute specifically does not apply to 'physicians, nurses, or medical technicians, ' and we would like your opinion as to whether or not a pharmacist would be considered a medical technician under this statute so that the proposed pharmacist who is related by marriage to a Board member may be employed by the hospital.”
         In response to your above quoted request, I refer you to Section 25-1-53, Mississippi Code of...

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