Bill Text: MS SB2240 | 2024 | Regular Session | Engrossed
Bill Title: Board of Medical Licensure; revise licensure status, definitions, procedure, fines and temporary practice authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-04-02 - Died In Committee [SB2240 Detail]
Download: Mississippi-2024-SB2240-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Blackwell
Senate Bill 2240
(As Passed the Senate)
AN ACT TO AMEND SECTIONS 73-25-1, 73-25-3, 73-25-5, 73-25-14, 73-25-17, 73-25-21, 73-25-23, 73-25-27, 73-25-28, 73-25-29, 73-25-30, 73-25-31, 73-25-32, 73-25-33, 73-25-34, 73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63, 73-25-65, 73-25-83, 73-25-87, 73-25-89 AND 73-25-18, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MEDICAL PRACTICE ACT; TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO PRACTICE MEDICINE; TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE RENEWAL; TO PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST RETIRED STATUS; TO CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY LICENSE TO PRACTICE MEDICINE; TO CLARIFY PROCEDURES FOR ISSUANCE OF A LICENSE BY RECIPROCITY; TO REVISE CERTAIN PROCEDURES FOR DISCIPLINARY ACTION AGAINST LICENSES, THE ISSUANCE OF SUBPOENAS BY THE BOARD OF MEDICAL LICENSURE, THE GROUNDS FOR DISCIPLINARY ACTION, THE OPTIONS AVAILABLE TO THE BOARD FOLLOWING DISCIPLINARY HEARINGS AGAINST LICENSEES, AND PETITIONS FOR REINSTATEMENT OF LICENSES; TO CLARIFY THE ACTION OF THE UNLAWFUL PRACTICE OF MEDICINE AND THE AUTHORITY OF THE BOARD TO SEEK INJUNCTIVE RELIEF; TO DELETE A CERTAIN EXCEPTION TO LICENSURE; TO INCLUDE BEHAVIORAL CONDUCT THAT COULD BE ADDRESSED BY TREATMENT TO THE LIST OF REASONS A LICENSEE SHALL BE SUBJECT TO RESTRICTION OF THEIR LICENSE; TO CLARIFY CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW; TO CONFORM TO THE PROVISIONS OF THE ACT; TO REVISE DISCIPLINARY ACTION THAT THE BOARD IS AUTHORIZED TO TAKE, INCLUDING PLACING A LICENSEE ON PROBATION OR IMPOSING A PUNITIVE FINE; TO PROVIDE THAT A HEARING MUST BE HELD WITHIN 30 DAYS IF THE BOARD DETERMINES THAT A PHYSICIAN'S CONTINUATION OF PRACTICE IS AN IMMEDIATE DANGER; TO EXCLUDE INDIVIDUALS ENGAGED SOLELY IN THE PRACTICE OF MIDWIFERY FROM THE CHAPTER; TO CONFORM TO THE PROVISIONS OF THE ACT; TO CREATE NEW SECTION 73-43-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI PHYSICIAN HEALTH PROGRAM TO PROVIDE PERFORMANCE STATISTICS TO THE STATE BOARD OF MEDICAL LICENSURE; TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADDITIONAL MEMBERS OF THE BOARD WHO SHALL BE MEMBERS OF THE PUBLIC NOT RELATED TO THE HEALTHCARE INDUSTRY; TO REPEAL SECTIONS 73-25-7, 73-25-9, 73-25-15, 73-25-19, 73-25-25, 73-25-39 AND 73-25-81, MISSISSIPPI CODE OF 1972, WHICH REQUIRE THE STATE BOARD OF MEDICAL LICENSURE TO MEET AT THE CAPITOL AT LEAST ONCE EACH YEAR FOR THE PURPOSE OF EXAMINING APPLICANTS; WHICH PROVIDES FOR THE FEE CHARGED BY THE STATE BOARD OF MEDICAL LICENSURE TO APPLY FOR A LICENSE TO PRACTICE; WHICH PROVIDES FOR THE PROCEDURES FOR LOST MEDICAL LICENSES; WHICH PROVIDES FOR CERTAIN PROVISIONS RELATED TO NONRESIDENT PHYSICIANS; WHICH PROVIDES FOR CERTAIN PROCEDURES FOR THOSE DESIRING TO PRACTICE OSTEOPATHIC MEDICINE IN THE STATE; WHICH ALLOWS THE STATE BOARD OF MEDICAL LICENSURE TO CONTRACT FOR THE ACQUISITION OF BOOKS AND OTHER RECORDS; WHICH PROVIDES A TECHNICAL REFERENCE TO THE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-25-1, Mississippi Code of 1972, is amended as follows:
73-25-1. For the purposes of this chapter, the "practice of medicine" means the practice of allopathic and osteopathic medicine; provided, however, that nothing in this chapter shall apply to individuals engaged solely in the practice of midwifery. For the purposes of this chapter, "physician" means a medical doctor or a doctor of osteopathic medicine. Every person who desires to practice medicine must first obtain a license to do so from the State Board of Medical Licensure, but this section shall not apply to physicians now holding permanent license, the same having been recorded as required by law.
SECTION 2. Section 73-25-3, Mississippi Code of 1972, is amended as follows:
73-25-3. Every person who
desires to obtain a license to practice medicine must apply therefor, in writing,
to the Mississippi State Board of Medical Licensure * * *.
If the applicant is found by the board, upon examination, to possess sufficient * * * qualifications, the board
shall issue * * * the applicant a license to practice
medicine; however, no applicant shall be granted a license unless the applicant
holds a diploma from a * * * medical college or
college of osteopathic medicine * * * listed in the
World Directory of Medical Schools or its successor, or by an equivalent board-approved
directory or entity.
To qualify for a Mississippi medical license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Sections 73-25-29 and 73-25-83. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall * * * require a form signed by the
applicant consenting to the check of the criminal records and to the use of the
fingerprints or other biometrics, and any other identifying
information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
This section shall not apply to applicants for a special volunteer medical license authorized under Section 73-25-18.
SECTION 3. Section 73-25-5, Mississippi Code of 1972, is amended as follows:
73-25-5. The application for license must include such information as the Mississippi State Board of Medical Licensure shall require.
Each application or filing made under this section shall include the active and valid social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 4. Section 73-25-14, Mississippi Code of 1972, is amended as follows:
73-25-14. (1) Except as provided in Section 33-1-39, the license of every person licensed to practice medicine or osteopathy in the State of Mississippi shall be renewed annually.
On or before May 1 of each
year, the Mississippi State Board of Medical Licensure shall mail or electronically
transmit a notice of renewal of license to every physician or osteopath to
whom a license was issued or renewed during the current licensing year. The
notice shall provide instructions for obtaining and submitting applications for
renewal. The Mississippi State Board of Medical Licensure is authorized
to make applications for renewal available via electronic means. The applicant
shall obtain and complete the application and submit it to the board in the manner
prescribed by the board in the notice before June 30 with the renewal fee of an
amount established by the board, but not to exceed Three Hundred Dollars
($300.00) * * *.
A portion of * * * the fee shall be used to support a
program to aid impaired * * * licensees. * * * Upon receipt of the application and fee, the
board shall verify the accuracy of the application and issue to applicant a
certificate of renewal for the ensuing year, beginning July 1 and expiring June
30 of the succeeding calendar year. That renewal shall render the holder
thereof a legal practitioner as stated on the renewal form.
(2) * * *
Any physician practicing in the State of Mississippi whose license has lapsed
may petition the board for reinstatement of his or her license on a retroactive
basis, if the physician was unable to meet the June 30 deadline due to
extraordinary or other legitimate reasons, and retroactive reinstatement of
licensure shall be granted or may be denied by the board only for good cause.
Failure to advise the board of change of address shall not be considered a good
cause for reinstatement.
(3) * * * A physician who wishes to retain his or her license
but not actively practice medicine may request "retired status" for the
license by submitting the proper paperwork as prescribed by the board with the
renewal fee. A physician holding a retired status medical license is exempt
from license renewal and from continuing medical education requirements. A
licensed retired status physician shall not practice medicine unless the
licensee applies for and is granted reinstatement and pays the reinstatement
fee as determined by the board.
(4) Any physician or osteopath who allows his or her license to lapse shall be notified by the board within thirty (30) days of that lapse.
* * *
SECTION 5. Section 73-25-17, Mississippi Code of 1972, is amended as follows:
73-25-17. (1) * * * The executive officer
of the * * * board * * *
may issue * * * a temporary license to practice
medicine * * * in compliance with the rules
and regulations of the board, provided that such license shall not exceed fourteen
(14) days for a physician who does not plan to study or practice in the state permanently.
The executive director may issue a temporary license to practice medicine for up
to one (1) year if the applicant is a person in an internship, residency or fellowship
program created through the Office of Mississippi Physician Workforce or accredited
through the Accreditation Council for Graduate Medical Education.* * * Any extension may only be granted by the executive
committee. The temporary license of a person enrolled in any * * * Accreditation Council for Graduate
Medical Education (ACGME), residency or fellowship program within the
state, * * * may be renewed annually for the duration of the
internship, residency or fellowship program for a period not to exceed * * *
eight (8) years, except when in combination with a Ph.D. program.
(2) The State Board of Medical Licensure may issue a temporary license to practice medicine at a youth camp licensed by the State Board of Health to nonresident physicians and retired resident physicians under the provisions of Section 75-74-8.
* * *
SECTION 6. Section 73-25-18, Mississippi Code of 1972, is amended as follows:
73-25-18. (1) (a) There is established a special volunteer medical license for physicians who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physicians for the Department of Veterans Affairs, and wish to donate their expertise for the medical care and treatment of indigent and needy persons or persons in medically underserved areas of the state. The special volunteer medical license shall be issued by the State Board of Medical Licensure to eligible physicians without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.
(b) A physician must meet the following requirements to be eligible for a special volunteer medical license:
(i) Completion of a special volunteer medical license application, including documentation of the physician's medical school or osteopathic school graduation and practice history;
(ii) Documentation
that the physician * * * otherwise qualifies
for an unrestricted license to practice medicine in Mississippi or in another
state of the United States and that he or she has never been the subject of any
medical disciplinary action in any jurisdiction;
(iii) Acknowledgement and documentation that the physician's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in Mississippi or persons in medically underserved areas in Mississippi; and
(iv) Acknowledgement and documentation that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer medical license.
(2) (a) There is established a special volunteer license for physician assistants who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physician assistants for the Department of Veterans Affairs, and wish to donate their expertise for the care and treatment of indigent and needy persons or persons in medically underserved areas of the state. The special volunteer physician assistant license shall be issued by the State Board of Medical Licensure to eligible physician assistants without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.
(b) A physician assistant must meet the following requirements to be eligible for a special volunteer physician assistant license:
(i) Completion of an application for a special volunteer physician assistant license, including documentation of the physician assistant's educational qualifications and practice history;
(ii) Documentation
that the physician assistant * * *
otherwise qualifies for an unrestricted physician assistant license in
Mississippi or in another state of the United States and that he or she has
never been the subject of any disciplinary action in any jurisdiction;
(iii) Acknowledgement and documentation that the physician assistant's practice under the special volunteer physician assistant license will be exclusively and totally devoted to providing care to needy and indigent persons in Mississippi or persons in medically underserved areas in Mississippi; and
(iv) Acknowledgement and documentation that the physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any services rendered under the special volunteer physician assistant license.
SECTION 7. Section 73-25-21, Mississippi Code of 1972, is amended as follows:
73-25-21. * * * The issuance of a license by reciprocity
to a military-trained applicant, military spouse or person who establishes residence
in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2,
as applicable.
SECTION 8. Section 73-25-23, Mississippi Code of 1972, is amended as follows:
73-25-23. The Mississippi
State Board of Medical Licensure is * * * authorized
and empowered to grant limited institutional license for the practice of
medicine in state institutions to graduates of foreign medical colleges
approved by the National Educational Council for Foreign Medical Graduates or
its successor, subject to the conditions as set out herein.
Any graduate of a foreign
medical college approved by the organizations specified in the foregoing
paragraph who is employed or is being considered for employment to practice
medicine in one or more Mississippi state-supported institution(s) located in
the same county shall make application for license to the Mississippi State
Board of Medical Licensure. The application shall be made on a form prescribed
by the Board of Medical Licensure as required by laws of the State of Mississippi.
The application shall also state the institution or institutions in which the
applicant has assurance of employment. The Mississippi State Board of
Medical Licensure is hereby authorized to establish minimum standards of
qualifications including moral, experience and proficiency for such applicants. * * *
Upon review of the application, and upon the satisfaction of all requirements
set forth by the board, the board may issue a limited institutional license to practice
medicine.
* * *
Such license shall be for
one (1) year and shall be in such form as the Mississippi State Board of
Medical Licensure shall prescribe, and shall be issued for practice in a
particular institution and shall not be endorsable to another state. The license
must be renewed annually, after such review as the Mississippi State
Board of Medical Licensure considers necessary. A graduate of a foreign
medical school so licensed may hold such limited institutional license no
longer than * * * eight (8) years. * * * In addition, the Mississippi State Board of Medical
Licensure, in its discretion, may waive the * * *
eight-year limitation on limited institutional licenses for any graduate
of a foreign medical school who holds such license.
It is the intent of this section
to enable Mississippi institutions to utilize the services of qualified
graduates of foreign medical colleges during the period necessary for them to secure
citizenship papers, and to meet other requirements for a regular license, including
Educational Council for Foreign Medical Graduates certification. The Mississippi
State Board of Medical Licensure is hereby authorized, in its discretion, to
refuse to renew, or to revoke such limited license if the holder of such
license * * *
fails to apply for a regular license.
The Mississippi State Board of Medical Licensure may establish reasonable and uniform license fees and shall make such rules and regulations as it considers necessary to carry out the purposes of this section.
* * *
SECTION 9. Section 73-25-27, Mississippi Code of 1972, is amended as follows:
73-25-27. * * * With respect to any licensee of the Mississippi State
Board of Medical Licensure, after notice and opportunity for a hearing to such
licensee, the board may take one or more of the actions authorized in Section
73-25-87 for any of the grounds enumerated in Section 73-25-29. The
procedure for suspension of a license for being out of compliance with an order
for support, and the procedure for the reissuance or reinstatement of a license
suspended for that purpose, and the payment of any fees for the reissuance or
reinstatement of a license suspended for that purpose, shall be governed by
Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict
between any provision of Section 93-11-157 or 93-11-163 and any provision of
this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may
be, shall control.
The notice shall be effected
by * * * certified mail, electronic
acknowledgment or personal service, or by any means set forth in the federal
or state rules of civil procedure, setting forth the particular reasons for
the proposed action and fixing a date not less than thirty (30) days * * * from the date of the mailing or the service, at which time the * * * licensee
shall be given an opportunity for a prompt and fair hearing. For the purpose
of the hearing the board, acting by and through its executive office, may
subpoena persons and papers on its own behalf and on behalf of the * * *
licensee, including records obtained under Section 73-25-28 and Section
73-25-83(c), may administer oaths and the testimony when properly transcribed,
together with the papers and exhibits, shall be admissible in evidence for or
against the * * * licensee. At the hearing the * * *
licensee may appear by counsel and personally in his own behalf. Any person
sworn and examined as a witness in the hearing shall not be held to answer criminally,
nor shall any papers or documents produced by the witness be competent evidence
in any criminal proceedings against the witness other than for perjury in
delivering his evidence. The board or its designee, in the conduct of any
hearing, shall not be bound by strict laws or rules of evidence. The board may
adopt rules and discovery and procedure governing all proceedings before it.
On the basis of any such hearing, or upon default of the * * * licensee,
the board shall make a determination specifying its findings of fact and
conclusions of law. The board shall make its determination based upon a
preponderance of the evidence.
A copy of the determination
shall be sent by * * * certified mail, electronic
acknowledgement or served personally upon the * * * licensee,
or by any means set forth in the federal or state rules of civil procedure. * * *
For the purpose of conducting
investigations, the * * * executive director, may issue
subpoenas to any individual * * * or other entity having
in its possession papers, documents, medical charts, prescriptions or any other
nonfinancial records. * * *
Investigatory subpoenas, as provided in this section, may be served either by
personal process or by * * * certified mail, and upon
service shall command production of the papers and documents to the board at
the time and place so specified. The board shall be entitled to the assistance
of the chancery court or the chancellor in vacation, which, on petition by the
board, shall issue ancillary subpoenas and petitions and may punish as for
contempt of court in the event of noncompliance with the subpoenas or
petitions.
In addition to investigatory subpoenas, the board may seek the issuance of Administrative Inspection Warrants, via the issuance and service processes described in Section 41-29-157, for patient records or other information relevant to the investigation. Those warrants may be issued under this section in any investigatory matter involving potential violation(s) of the Medical Practice Act and/or the Administrative Code of the board, regardless as to whether controlled substance violations are the subject of the investigation. Any person or entity who refuses to comply with any warrant duly issued under this section shall be in violation of Section 9-1-17 and shall be subject to all fines and penalties stated in that section.
For the purpose of
conducting hearings, the board through its executive director may subpoena persons
and papers on its own behalf and on behalf of the respondent, including records
obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths,
and may compel the testimony of witnesses. * * *
It may issue subpoenas to take testimony at hearings, and testimony so
taken and sworn to shall be admissible in evidence for and against the
respondent. No depositions shall be taken in preparation for matters to be
heard by the board. The board shall be entitled to the assistance of the
chancery court or the chancellor in vacation, which, on petition by the board,
shall issue ancillary subpoenas and petitions and may punish as for contempt of
court in the event of noncompliance with the subpoenas or petitions.
Unless the court otherwise
decrees, a license that has been suspended by the board * * * shall
become again valid if and when the board so orders, which it may do on its own
motion or on the petition of the respondent. A license that has been revoked
shall not be restored to validity except: (1) by order of the board based on
petition for reinstatement filed under Section 73-25-32 or (2) by order of the
chancery court or Supreme Court following appeal. * * *
Nothing in this chapter shall be construed as limiting or revoking the
authority of any court or of any licensing or registering officer or board,
other than the State Board of Medical Licensure, to suspend, revoke and reinstate
licenses and to cancel registrations under the provisions of Section 41-29-311.
SECTION 10. Section 73-25-28, Mississippi Code of 1972, is amended as follows:
73-25-28. (1) In any case
in which disciplinary action against a * * * licensee is being considered by the Mississippi
State Board of Medical Licensure, the executive * * * director
of the board, or its investigators * * *, upon reasonable cause as defined below, may enter, at
a time convenient to all parties, any hospital, clinic, surgical center,
office of a * * *
licensee or emergency care facility to inspect and copy patient records,
charts, emergency room records or any other document which would assist the
board in its investigation of a * * * licensee. Reasonable cause
shall be demonstrated by allegations of violations of state law or the
Administrative Code, including one or more of the following: (a) a single
incident of gross negligence; (b) a pattern of inappropriate prescribing of
controlled substances; (c) an act of incompetence or negligence causing death
or serious bodily injury; (d) a pattern of substandard medical care; (e) a
pattern of unnecessary surgery or unindicated medical procedures; (f)
disciplinary action taken against a physician or podiatrist by a licensed
hospital or by the medical staff of the hospital; (g) voluntary termination by
a physician or podiatrist of staff privileges or having restrictions placed
thereon; or (h) habitual personal use of narcotic drugs or other drugs having
addiction-forming or addiction-sustaining liability, or the habitual personal
use of intoxicating liquors or alcoholic beverages, to an extent which affects
professional competency. Whether reasonable cause exists shall be determined
by the executive * * * director and/or executive
committee of the board, and documentation of that determination shall be
provided to the hospital, clinic, office or emergency care facility before
entry for inspection and copying hereunder.
(2) A certified copy of any record inspected or copied pursuant to subsection (1) shall be subject to subpoena by the board to be used as evidence before it in a licensure disciplinary proceeding initiated pursuant to the provisions of Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 and 73-27-1 through 73-27-19, Mississippi Code of 1972. All references to a patient's name and address or other information which would identify the patient shall be deleted from the records unless a waiver of the medical privilege is obtained from the patient.
(3) All records of the investigation and all patient charts, records, emergency room records or any other document that may have been copied shall be kept confidential and shall not be subject to discovery or subpoena. If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board shall destroy all records obtained pursuant to this section.
(4) Notwithstanding any right to privacy, confidentiality, privilege or exemption from public access conferred by this section, Section 73-52-1, or otherwise by statute or at law, the board shall provide to any hospital, as defined in Section 41-9-3, any and all information it may have concerning any physician who has applied for a license, other than information contained in records exempt from the provisions of the Mississippi Public Records Act of 1983 pursuant to Sections 45-29-1 and 45-29-3, Mississippi Code of 1972, upon receipt by the board of a written request from the hospital for such information and documentation that the physician has applied for appointment or reappointment to the medical staff of the hospital or staff privileges at the hospital. The board, any member of the board, and its agents or employees, acting without malice in providing the documents or information hereunder, shall be immune from civil or criminal liability.
SECTION 11. Section 73-25-29, Mississippi Code of 1972, is amended as follows:
73-25-29. The grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license are:
(1) Habitual personal use of narcotic drugs, or any other drug having addiction-forming or addiction-sustaining liability.
(2) Habitual use of intoxicating liquors, or any beverage, to an extent which affects professional competency.
(3) Administering, dispensing or prescribing any narcotic drug, or any other drug having addiction-forming or addiction-sustaining liability otherwise than in the course of legitimate professional practice.
(4) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(5) Procuring, or attempting to procure, or aiding in, an abortion that is not medically indicated.
(6) Conviction of a felony or misdemeanor involving moral turpitude, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(7) Obtaining or attempting to obtain a license by fraud or deception.
(8) Unprofessional conduct, which includes, but is not limited to:
(a) Practicing medicine under a false or assumed name or impersonating another practitioner, living or dead.
(b) Knowingly performing any act which in any way assists an unlicensed person to practice medicine.
(c) Making or willfully causing to be made any flamboyant claims concerning the licensee's professional excellence.
(d) Being guilty of any dishonorable or unethical conduct likely to impair patient care, or deceive, defraud or harm the public.
(e) Obtaining a fee as personal compensation or gain from a person on fraudulent representation of a disease or injury condition generally considered incurable by competent medical authority in the light of current scientific knowledge and practice can be cured or offering, undertaking, attempting or agreeing to cure or treat the same by a secret method, which he refuses to divulge to the board upon request.
(f) Use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice in connection with any of the licensing requirements, including the signing in his professional capacity any certificate that is known to be false at the time he makes or signs such certificate.
(g) Failing to identify a physician's school of practice in all professional uses of his name by use of his earned degree or a description of his school of practice.
(h) When a licensee makes, or knowingly permits any person to make, an agreement with a patient or person, or any person or entity representing patients or persons, or provides any form of consideration that would prohibit, restrict, discourage, or otherwise limit a person's ability to file a complaint with the board; to truthfully and fully answer any questions posed by an agent or representative of the board; or to participate as a witness in a board proceeding.
(9) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice medicine in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(10) Surrender of a license or authorization to practice medicine in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this section.
(11) Final sanctions imposed by the United States Department of Health and Human Services, Office of Inspector General or any successor federal agency or office, based upon a finding of incompetency, gross misconduct or failure to meet professionally recognized standards of health care; a certified copy of the notice of final sanction being prima facie evidence thereof. As used in this paragraph, the term "final sanction" means the written notice to a physician from the United States Department of Health and Human Services, Officer of Inspector General or any successor federal agency or office, which implements the exclusion.
(12) Failure to furnish the board, its investigators or representatives information legally requested by the board.
(13) Violation of any provision(s) of the Medical Practice Act or the rules and regulations of the board or of any order, stipulation or agreement with the board.
(14) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.
(15) Performing or inducing an abortion on a woman in violation of any provision of Sections 41-41-131 through 41-41-145.
(16) Performing an abortion on a pregnant woman after determining that the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat as provided in Section 41-41-34.1.
(17) Violation(s) of any provision of Title 41, Chapter 141, Mississippi Code of 1972.
In addition to the grounds specified above, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
A physician who provides a written certification as authorized under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not be subject to any disciplinary action under this section solely due to providing the written certification.
SECTION 12. Section 73-25-30, Mississippi Code of 1972, is amended as follows:
73-25-30. (1) The Mississippi
State Board of Medical Licensure, in exercising its authority under the
provisions of Section 73-25-29, shall have the power to discipline the holder
of a license who has been found by the board in violation of that
statute after notice and a hearing as provided by law * * *
.
(2) Upon the execution of a
disciplinary order by the board, either following a hearing or in lieu of a
hearing, the board * * * may assess the licensee for those reasonable costs that are
expended by the board in the investigation and conduct of a proceeding for licensure
disciplinary action including, but not limited to, the cost of process service,
court reporters, witness fees, expert witnesses, investigators, and other
related expenses. Money collected by the board under this section shall be deposited
to the credit of the special fund of the board to reimburse the existing
current year appropriated budget.
(3) An assessment of costs
under this section shall be paid to the board by the licensee, upon the
expiration of the period allowed for appeals under Section 73-25-27, or may be
paid sooner if the licensee elects. Cost assessed under this section shall not
exceed * * * Twenty-Five
Thousand Dollars ($25,000.00).
(4) When an assessment of costs by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the licensee shall be prohibited from practicing medicine until the full amount is paid. In addition, the board may institute and maintain proceedings in its name for enforcement of payment in the Chancery Court of the First Judicial District of Hinds County. When those proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court. The matter shall be heard in due course by the court, which shall review the record and make its determination thereon. The hearing on the matter, in the discretion of the chancellor, may be tried in vacation.
SECTION 13. Section 73-25-31, Mississippi Code of 1972, is amended as follows:
73-25-31. Every order and judgment
of the board shall take effect immediately on its promulgation unless the board
in such order or judgment fixes a probationary period for * * *
licensee. Such order and judgment shall continue in effect unless upon appeal
the court by proper order or decree terminates it earlier. The board may make public
its orders and judgments in such manner and form as it deems proper. * * *
Any decision of the board must be appealed to the chancery court under the
provisions of this section within thirty (30) days after being so mailed or
served. The appeal period may not be extended. The appeal to the chancery
court shall be based solely on the record made before the board. A transcript
of the proceedings and evidence, together with exhibits presented at the hearing
before the board in the event of appeal, shall be a part of the record before
the chancery court. The chancery court shall dispose of the appeal and enter
its decision promptly. The hearing on the appeal may, in the discretion of the
chancellor, be tried in vacation. Appeals may be taken to the Supreme Court of
the State of Mississippi as provided by law from any final action of the
chancery court. No such person shall be allowed to practice medicine in
violation of any action of the chancery court affirming, in whole or in part,
the determination of the board while any such appeal to the Supreme Court is
pending.
SECTION 14. Section 73-25-32, Mississippi Code of 1972, is amended as follows:
73-25-32. (1) A person whose
license to practice * * * has been * * * suspended
or previously surrendered may petition the Mississippi State Board of
Medical Licensure to reinstate this license after a period of not less than one
(1) year has elapsed from the date of the * * *
suspension or surrender. A person whose license to practice has been
revoked may petition the board to reinstate his or her license after a period
of not less than three (3) years, but not greater than five (5) years, has
elapsed from the date of the revocation. The procedure for the reinstatement
of a license that is suspended for being out of compliance with an order for
support, as defined in Section 93-11-153, shall be governed by Section 93-11-157
or 93-11-163, as the case may be.
(2) * * * The petition may be heard at the next regular meeting of
the Board of Medical Licensure but not earlier than thirty (30) days after the
petition was filed. No petition shall be considered while the petitioner is
under sentence for any criminal offense, including any period during which he
is under probation or parole. The hearing may be continued from time to time
as the Board of Medical Licensure finds necessary.
(3) In determining whether
the disciplinary penalty should be set aside and the terms and conditions, if
any, that should be imposed if the disciplinary penalty is set aside, the Mississippi
State Board of Medical Licensure may investigate and consider all
activities of the petitioner since the disciplinary action was taken * * *, the offense for which he was disciplined,
his activity during the time * * *
the petitioner was in good standing, his general reputation for truth,
professional ability and good character; and * * * require
the petitioner to * * * submit to a professional competency evaluation.
(4) The investigation shall require the petitioner to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each petitioner shall submit a full set of the petitioner's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the petitioner, any additional information that may be required by the department, and a form signed by the petitioner consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the petitioner, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
* * *
SECTION 15. Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. (1) The practice
of medicine shall mean * * * one or
more of the following, provided that nothing in this chapter shall be construed
to limit duly licensed health care professionals from providing medical
services within the scope of their authorizing license:
(a) Holding oneself out to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, technology, or any physical, mechanical, or other means whatsoever;
(b) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person, with or without the intention of receiving, either directly or indirectly, any fee, gift, or compensation;
(c) Maintaining an office or other place to meet persons or patients for the purpose of examining or treating persons afflicted with disease, injury, defect of the body or mind, or other condition for which treatment is sought;
(d) Using the title "M.D.," "D.O.," "physician," "surgeon," or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, defect of the body or mind, or other conditions for which treatment is sought; or
(e) Performing any kind of surgical operation upon another person.
(2) Nothing herein shall be construed to prohibit, sanction, or to require a license with respect to any of the following:
The practice of the following doctors as defined by the laws of this state. Furthermore, this chapter is not intended to limit, restrict, enlarge, or alter the medical and/or surgical privileges and practice of the following professions as provided by the laws of this state:
(a) Dentistry (DDS or DMD);
(b) Optometry (OD);
(c) Chiropractic (DC); or
(d) Veterinarian (DVM or (VDM).
(3) Nothing herein shall be construed to prohibit, sanction or punish licensed nurses, nurse practitioners or advanced practice nurses who are practicing within their scope of practice.
( * * *4) The practice of medicine shall not
mean to provide gender transition procedures for any person under eighteen (18)
years of age; or
( * * *5) For purposes of this section, "gender
transition procedures" means the same as defined in Section 41-141-3.
(6) The board may, for the purposes of this chapter, issue cease and desist orders to any person(s) it has probable cause to believe is practicing medicine without first obtaining a license. Thereafter, and in addition to any other civil remedy or criminal penalty provided for by law, or in lieu thereof, the board shall be authorized to seek injunctive relief and/or imposition of civil penalties against the unlawful practice of medicine, provided that the venue for any such action shall be the Chancery Court for the First Judicial District of Hinds County. Civil penalties from such actions shall be no less than One Thousand Dollars ($1,000.00) and no more than Twenty-Five Thousand Dollars ($25,000.00) for each offense. The court may also award the prevailing party court costs and reasonable attorney fees and, if the board prevails, may also award reasonable costs of investigation and prosecution.
Any monetary penalty or assessment levied against an illegal practitioner under this section shall be paid to the state upon the expiration of the period allowed for appealing those penalties, or may be paid sooner if the illegal practitioner so chooses. Monetary penalties collected by the court under this section shall be deposited to the credit of the General Fund. Any monies collected for investigation and prosecution by the board shall be deposited into the special fund of the board.
SECTION 16. Section 73-25-34, Mississippi Code of 1972, is amended as follows:
73-25-34. (1) For the purposes of this section, telemedicine, or the practice of medicine across state lines, shall be defined to include any one or both of the following:
(a) Rendering of a medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent; or
(b) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent.
(2) Except as hereinafter provided, no person shall engage in the practice of medicine across state lines (telemedicine) in this state, hold himself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he is duly licensed to practice medicine across state lines in this state unless he has first obtained a license to do so from the State Board of Medical Licensure and has met all educational and licensure requirements as determined by the State Board of Medical Licensure.
* * *
SECTION 17. Section 73-25-53, Mississippi Code of 1972, is amended as follows:
73-25-53. * * * Any person holding a
professional license from the Mississippi State Board of Medical Licensure
shall be subject to restriction, suspension or revocation, as hereinafter
provided, in case of inability of the licensee to practice medicine with reasonable
skill or safety to patients by reason of one or more of the following:
(a) Mental illness;
(b) Physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skill;
(c) Excessive use or
abuse of drugs, including alcohol * * *; and
(d) Behavioral conduct that could be addressed by treatment.
SECTION 18. Section 73-25-55, Mississippi Code of 1972, is amended as follows:
73-25-55. (1) If the State
Board Of Medical Licensure has reasonable cause to believe that a * * * licensee is unable to practice
medicine with reasonable skill and safety to patients because of a condition
described in Section 73-25-53, * * *
the board * * * shall cause an examination
of such * * * licensee to be made as described
in subsection (2) of this section and shall, following such examination, take
appropriate action within the provisions of Sections 73-25-51 through 73-25-67.
(2) Examination of a * * * licensee
under this section shall be conducted by an examining committee. * * *
The members of the examining committee shall be designated by the Medical
Director of the Mississippi Physician Health Program (MPHP), and shall include
three (3) practicing physicians and at least one (1) psychiatrist if a question
of mental illness is involved.
SECTION 19. Section 73-25-57, Mississippi Code of 1972, is amended as follows:
73-25-57. (1) The
examining committee assigned to examine a physician pursuant to referral by the
board under Section 73-25-55 shall conduct an examination of such * * * licensee
for the purpose of determining the * * * licensee's
fitness to practice medicine with reasonable skill and safety to patients,
either on a restricted or unrestricted basis, and shall report its findings and
recommendations to the board. The committee shall order the * * * licensee
to appear before the committee for examination and give him ten (10) days'
notice of time and place of the examination, together with a statement of the
cause for such examination. Such notice shall be served upon the * * * licensee
either personally or by registered or certified mail with return receipt
requested.
(2) If the examining
committee, in its discretion, should deem an independent mental or physical examination
of the * * * licensee necessary to its
determination of the fitness of the * * * licensee
to practice, the committee shall order the * * * licensee
to submit to such examination. Any person licensed to practice medicine in
this state shall be deemed to have waived all objections to the admissibility
of the examining committee's report in any proceedings before the board under
Sections 73-25-51 through 73-25-67 on the grounds of privileged communication.
Any * * * licensee ordered to an examination
before the committee under subsection (2) shall be entitled to an independent
mental or physical examination if * * * the licensee
makes request therefor.
(3) Any * * * licensee
who submits to a diagnostic mental or physical examination as ordered by the examining
committee shall have a right to designate another physician to be present at
the examination and make an independent report to the board.
(4) Failure of a * * * licensee
to comply with a committee order under subsection (2) to appear before it for
examination or to submit to mental or physical examination under this section or
upon the withdrawal of advocacy by the Mississippi Physician Health Program (MPHP)
or successor entity, shall be reported by the committee or MPHP to
the board, and unless due to circumstances beyond the control of the * * * licensee,
shall be grounds for suspension by the board of the * * * licensee's
license to practice medicine in this state until such time as such * * * licensee
has complied with the order of the committee, or regained advocacy from MPHP.
(5) The examining committee may inspect patient records in accordance with the provisions of Section 73-25-28.
(6) All patient records, investigative reports and other documents in possession of the board and examining committee shall be deemed confidential and not subject to subpoena or disclosure unless so ordered by the court from which the subpoena issued, but the court, in its discretion, may limit use or disclosure of such records. Notwithstanding, and to encourage the prompt reporting of disabled practitioners, neither the board nor examining committee shall reveal the identity of any source of information where the source has requested anonymity.
SECTION 20. Section 73-25-59, Mississippi Code of 1972, is amended as follows:
73-25-59. A * * *
licensee may request in writing to the board a restriction of his or
her license to practice * * *. The board may grant such request
for restriction and shall have authority, if it deems appropriate, to attach
conditions to the licensure * * * within specified limitations, and waive the commencement
of any proceeding under Section 73-25-63. Removal of a voluntary restriction on
licensure to practice medicine shall be subject to the procedure for reinstatement
of license in Section 73-25-65.
SECTION 21. Section 73-25-61, Mississippi Code of 1972, is amended as follows:
73-25-61. (1) The
examining committee shall report to the board its findings on the examination
of the * * * licensee under Section 73-25-57,
the determination of the committee as to the fitness of the * * * licensee
to engage in the practice of medicine with reasonable skill and safety to
patients, either on a restricted or unrestricted basis, and any management that
the committee may recommend. Such recommendation by the committee shall be
advisory only and shall not be binding on the board.
(2) The board may accept or
reject the recommendation of the examining committee to permit a * * * licensee
to continue to practice with or without any restriction on his or her
license to practice medicine, or may refer the matter back to the examining
committee for further examination and report thereon.
(3) In the absence of a
voluntary agreement by a * * * licensee
under Section 73-25-59 * * *, any * * *
licensee shall be entitled to a hearing in formal proceedings before the
board and a determination on the evidence as to whether or not restriction,
suspension or revocation of licensure shall be imposed.
SECTION 22. Section 73-25-63, Mississippi Code of 1972, is amended as follows:
73-25-63. (1) The board
may proceed against a * * * licensee under
Sections 73-25-51 through 73-25-67 by serving upon such physician at least
fifteen (15) days' notice of a time and place fixed for a hearing, together
with copies of the examining committee's report and diagnosis, or a copy of the
official notice from MPHP withdrawing advocacy. Such notice and reports
shall be served upon the * * * licensee
either personally or by * * * certified
mail with return receipt requested or by electronic acknowledgement.
(2) At said hearing the * * * licensee
shall have the right to be present, to be represented by counsel, to produce
witnesses or evidence in his or her behalf, to cross-examine witnesses,
and to have subpoenas issued by the board.
(3) At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:
(a) Make a recommendation
that the * * * licensee submit to the care,
counseling or treatment by physicians acceptable to the board * * *;
(b) Suspend or restrict
the license of the * * * licensee to practice medicine
for the duration of his or her impairment * * *; or
(c) Revoke the license
of the * * * licensee to practice medicine.
(4) The board may
temporarily suspend the license of any * * * licensee
without a hearing, simultaneously with the institution of proceedings for a
hearing under this section, if it finds that the evidence * * *
is clear, competent and unequivocal and that his or her continuation in
practice would constitute an imminent danger to public health and safety.
(5) Neither the record of
the proceedings nor any order entered against a * * *
licensee may be used against him or her in any other legal
proceedings except upon judicial review as provided herein.
SECTION 23. Section 73-25-65, Mississippi Code of 1972, is amended as follows:
73-25-65. (1) A * * * licensee
whose licensure has been restricted, suspended or revoked under Sections 73-25-51
through 73-25-67, voluntarily or by action of the board, shall have a right, at
reasonable intervals, to petition for reinstatement of his or her
license and to demonstrate that he or she can resume the competent practice
of medicine with reasonable skill and safety to patients. Such petition shall
be made in writing and on a form prescribed by the board. Action of the board on
such petition shall be initiated by referral to and examination by the
examining committee pursuant to the provisions of Sections 73-25-55 and 73-25-57.
The board may, upon written recommendation of the examining committee, restore
the licensure of the * * * licensee on a general or
limited basis or institute a proceeding pursuant to Section 73-25-63 for the
determination of the fitness of the * * * licensee
to resume his or her practice.
(2) All orders of the board
entered under Section 73-25-63(3), (4) shall be subject to judicial review by
appeal to the chancery court of the county of the residence of the * * *
licensee involved
against whom the order is rendered, within twenty (20) days following the date
of entry of the order, said appeal to be taken and perfected in the same manner
as appeals from orders of boards of supervisors.
SECTION 24. Section 73-25-83, Mississippi Code of 1972, is amended as follows:
73-25-83. The board shall have authority to deny an application for licensure or other authorization to practice medicine in this state and to discipline a physician licensed or otherwise lawfully practicing within this state who, after a hearing, has been adjudged by the board as unqualified due to one or more of the following reasons:
(a) Unprofessional conduct as defined in the physician licensure and disciplinary laws, pursuant to Section 73-25-29;
(b) Professional incompetency in the practice of medicine or surgery; or
(c) Having disciplinary
action taken by his peers within any professional medical association or society,
whether any such association or society is local, regional, state or national in
scope, or being disciplined by a * * * hospital or medical staff of said hospital,
or the voluntary surrender or restriction of hospital staff privileges while an
investigation or disciplinary proceeding is being conducted by a licensed hospital
or medical staff or medical staff committee of said hospital. Provided further,
anybody taking action as set forth in this paragraph shall report such action to
the board within thirty (30) days of its occurrence.
SECTION 25. Section 73-25-87, Mississippi Code of 1972, is amended as follows:
73-25-87. (1) Whenever the board finds any person unqualified because of any of the grounds set forth in this act, or in violation of any the grounds set forth in Section 73-25-83, it may enter an order imposing one or more of the following:
(a) Deny * * * an
application for a license or other authorization to practice medicine;
(b) Administer a public or private reprimand;
(c) Suspend, limit or restrict * * * a
license or other authorization to practice medicine for up to five (5) years, including
limiting the practice of such person to, or by the exclusion of, one or more specified
branches of medicine, including limitation on hospital privileges;
(d) Revoke * * * a
license or other authorization to practice medicine;
(e) Require * * * a licensee
to submit to care, counseling or treatment by physicians designated by the board,
as a condition for initial, continued or renewal of licensure or other authorization
to practice medicine;
(f) Require * * * a licensee
to participate in a program of education prescribed by the board; * * *
(g) Require * * * a
licensee to practice under the direction of a physician designated by the board
for a specified period of time * * *;
(h) Place a licensee on probation, the terms of which may be set by the board;
(i) In lieu of suspension, impose a punitive fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per offense, with the cumulative total of all fines imposed not to exceed One Hundred Thousand Dollars ($100,000.00). All fines collected under this provision shall be deposited into the State General Fund; or,
(j) Take any other action which the board deems necessary.
By July 1, 2025, the board shall create and implement a penalty matrix in its rules and regulations to guide the board's decisions for appropriate penalties for violations, and which shall be available to the public. For purposes of this subsection, a penalty matrix shall be guidelines that recommend specific disciplinary actions based on a weighing of specific violations and the mitigating factors of a case, such as the severity of violations, disciplinary history of the respondent licensee, and degree of patient injury, if applicable, and seek to create more consistent and predictable outcomes to disciplinary hearings.
SECTION 26. Section 73-25-89, Mississippi Code of 1972, is amended as follows:
73-25-89. If the board determines
that evidence in its possession indicates that a physician's continuation in practice
or unrestricted practice would constitute an immediate danger to the public, the
board may take any of the same actions on a temporary basis, without a hearing,
which it could otherwise take under Sections 73-25-81 through 73-25-95 following
a hearing, provided proceedings for a hearing before the board are initiated simultaneously
with such temporary action without a hearing. Provided, further, that in the event
of such temporary action without a hearing, a hearing must be held within * * *
thirty (30) days of such action.
SECTION 27. Section 73-43-3, Mississippi Code of 1972, is amended as follows:
73-43-3. (1) The State Board of Medical Licensure shall consist of nine (9) physicians. Each of the physicians shall have graduated from a medical school which has been accredited by the liaison committee on medical education as sponsored by the American Medical Association and the Association of American Medical Colleges or from an osteopathic medical school which has been accredited by the Bureau of Professional Education of the American Osteopathic Association, and have at least six (6) years' experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court district.
(2) Three (3) physicians shall be nominated to the Governor for each appointive position by the Mississippi State Medical Association; and said nominations shall give due regard to geographic distribution, race and sex. The Governor shall appoint from said nominations the members of the board with the advice and consent of the Senate, but may also select nominees who are not nominated by the Mississippi State Medical Association and satisfy the requirements of this section. The original appointments of the board shall be made no later than June 30, 1980, for terms to begin on July 1, 1980. The Governor shall designate the initial terms of the members as follows: three (3) members shall be appointed for a term which expires July 1, 1982, three (3) members shall be appointed for a term which expires July 1, 1984, and three (3) members shall be appointed for a term which expires July 1, 1986. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term. Vacancies in office shall be filled by appointment of the Governor in the same manner as the appointment to the position which becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature.
(3) In addition to the physician board members, there shall be three (3) members appointed by the Governor, with the advice and consent of the Senate, who shall be members of the public not related to the healthcare industry. No more than one (1) consumer member shall be from each Supreme Court District as they currently exist. The initial term of office for the member appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years; the initial term of office for the member appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years; and the initial term of office for the member appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years.
SECTION 28. The following shall be codified as Section 73-43-19, Mississippi Code of 1972:
73-43-19. The Mississippi State Board of Medical Licensure shall be provided with annual performance statistics from the Mississippi Physician's Health Program or its successor entity, which shall be available to the board and the public. These statistics shall not include information that constitutes personally identifiable information or protected health information of program participants, but instead shall include general statistics that can be used to evaluate the program's effectiveness. The Mississippi State Board of Medical Licensure shall have the authority to request and, if necessary, conduct performance audits of any additional information the board deems appropriate, which shall also be made public as long as the information does not include personal identifiable information or protected health information of program participants.
SECTION 29. Sections 73-25-7, 73-25-9, 73-25-15, 73-25-19, 73-25-25, 73-25-39, and 73-25-81, which relate to the regulation of the practice of medicine in the State of Mississippi, shall stand repealed from and after July 1, 2024.
SECTION 30. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
