Bill Text: MS HB1120 | 2019 | Regular Session | Introduced
Bill Title: Medical Practice Act; revise various provisions of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB1120 Detail]
Download: Mississippi-2019-HB1120-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Public Health and Human Services
By: Representative Huddleston
House Bill 1120
AN ACT RELATING TO THE PRACTICE OF MEDICINE; TO AMEND SECTION 73-25-1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MEDICAL PRACTICE ACT; TO AMEND SECTIONS 73-25-3 AND 73-25-5, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO PRACTICE MEDICINE; TO AMEND SECTION 73-25-14, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE RENEWAL; TO CLARIFY LICENSE RENEWAL FEE REQUIREMENTS FOR PHYSICIANS OVER THE AGE OF 70; TO PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST INACTIVE STATUS; TO PRESCRIBE FINES AND PROCEDURES FOR RENEWAL OF A LAPSED LICENSE; TO AMEND SECTION 73-25-17, MISSISSIPPI CODE OF 1972, TO CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY LICENSE TO PRACTICE MEDICINE; TO AMEND SECTIONS 73-25-19, 73-25-21 AND 73-25-23, MISSISSIPPI CODE OF 1972, TO CLARIFY PROCEDURES FOR NONRESIDENT PHYSICIANS AND ISSUANCE OF A LICENSE BY RECIPROCITY; TO AMEND SECTIONS 73-25-27, 73-25-28, 73-25-29, 73-25-30 AND 73-25-32, MISSISSIPPI CODE OF 1972, 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 AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ACTION OF UNLAWFUL PRACTICE OF MEDICINE AND THE AUTHORITY OF THE BOARD TO SEEK INJUNCTIVE RELIEF; TO AMEND SECTIONS 73-25-51, 73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63 AND 73-25-65, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW TO APPLY TO ALL PROFESSIONAL LICENSEES UNDER THE BOARD; TO AMEND SECTION 73-25-87, MISSISSIPPI CODE OF 1972, TO REVISE DISCIPLINARY ACTIONS WHICH THE BOARD IS AUTHORIZED TO TAKE; TO REPEAL SECTION 73-25-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES WHEN AND WHERE LICENSURE EXAMINATIONS ARE CONDUCTED, SECTION 73-25-9, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES SPECIFIC FEES FOR LICENSURE EXAMINATION, SECTION 73-25-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR LOST LICENSES, SECTION 73-25-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE ISSUANCE OF A LICENSE FOR A PERSON DESIRING TO PRACTICE OSTEOPATHIC MEDICINE IN THIS STATE, SECTION 73-25-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ACQUISITION OF BOOKS AND STATIONERY BY THE BOARD, AND SECTION 73-25-81, MISSISSIPPI CODE OF 1972, WHICH DEFINES THE MEMBERSHIP OF THE BOARD RESPONSIBLE FOR LICENSURE AND DISCIPLINE OF PHYSICIANS IN THIS STATE; 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. (1) For the purposes of this chapter, the following terms shall have the following meanings:
(a) "Practice of medicine" means the practice of allopathic and osteopathic medicine.
(b) "Physician" means a medical doctor or a doctor of osteopathic medicine.
(c) "Board" means the Mississippi State Board of Medical Licensure.
(2) Every person who
desires to practice medicine must first obtain a license to do so from the Mississippi
State Board of Medical Licensure * * *.
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 * * * to the Mississippi
State Board of Medical Licensure * * *.
If the applicant is found * * * 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 reputable medical college or college of osteopathic medicine * * * listed in the
World Directory of Medical Schools or its successor.
To qualify for a Mississippi
medical license, an applicant must have successfully been cleared for licensure
through an investigation that shall consist of * * *
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 * * * 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 and 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 * * * board * * * requires.
Each application or filing
made under this section shall include the social security number(s) of the
applicant in accordance with Section 93-11-64 * * *.
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 * * *
board * * * shall mail or electronically transmit a notice of
renewal of license to every physician * * * 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 * * * board * * * 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 which fee shall be used to support a program to aid any
impaired * * * person
holding a professional license from the board. 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.
A physician who wishes to retain his or her license but not actively practice medicine may request "inactive status" for his or her license by submitting the proper paperwork as prescribed by the board with the renewal fee. A physician holding an "inactive status" medical license is exempt from license renewal and from continuing medical education requirements. A licensed inactive—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.
(2) Any physician * * * who
allows his or her license to lapse by failing to renew the license as provided
in subsection (1) may be reinstated by the board on satisfactory explanation
for the failure to renew * * *, by completion of a reinstatement form, and upon payment of
the renewal fee for the current year, and shall be assessed a fine of * * * One
Hundred Dollars ($100.00) plus an additional fine of * * * Twenty-five Dollars
($25.00) for each month thereafter that the license renewal remains
delinquent. A physician who has allowed his or her license to lapse for
more than six (6) months must apply for and be granted reinstatement and pay
the reinstatement fee as determined by the board.
* * *
( * * *3) Any physician * * * who allows his or her license to
lapse shall be notified by the board within thirty (30) days of that
lapse.
( * * *4) Any * * * physician practicing * * * in
Mississippi during the time his or her license has lapsed shall be
considered an illegal practitioner and shall be subject to penalties provided
for violation of the Medical Practice Act, if he or she had not submitted the
required reinstatement form and fee within fifteen (15) days after notification
by the board of the lapse.
( * * *5) Any physician * * * practicing in the State of
Mississippi whose license has lapsed and is deemed an illegal practitioner
under subsection ( * * *4)
of this section 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 * * *
good cause for reinstatement.
( * * *6) None of the fees or fines provided
for in this section shall be applicable to the renewal of a special volunteer
medical license authorized under Section 73-25-18.
( * * *7) Fees collected under the provisions
of this section shall be used by the board to defray expenses of administering
the licensure provisions of the Medical Practice Act (Title 73, Chapter 25,
Mississippi Code of 1972) and to support a program to aid impaired * * * licensees in
an amount determined by the board.
( * * *8) In order for a physician * * * whose medical license has been
expired for five (5) years or more to qualify for reinstatement of license, the
physician * * * must have successfully been cleared for reinstatement
through an investigation that shall consist of * * *
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 * * * 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 and 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, fines 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 5. Section 73-25-17, Mississippi Code of 1972, is amended as follows:
73-25-17. (1) * * * The executive * * * director of the * * * board * * * may issue * * * a temporary license to
practice medicine * * * in compliance with the rules and
regulations of the board. * * * The
temporary license of a person enrolled in any American Medical Association-approved
internship, 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 five (5)
years.
(2) The * * * board * * * 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 73-25-19, Mississippi Code of 1972, is amended as follows:
73-25-19. Nonresident physicians
not holding license from the state shall not be permitted to practice medicine
under any circumstances * * * after remaining in the state for five (5) days, except when
called in consultation by a licensed physician residing in this state. This section
shall not apply to:
(a) Any
nonresident physician who holds a temporary license to practice medicine at a
youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17 * * *;or
(b) Any nonresident physician traveling from out of state with a sports team for a sporting event conducted within the state, as provided for in the rules and regulations of the board.
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 or
military spouse shall be subject to the provisions of Section 73-50-1.
SECTION 8. Section 73-25-23, Mississippi Code of 1972, is amended as follows:
73-25-23. The * * * board * * * 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 * * * board * * *. The application shall be
made on a form prescribed by the board * * * 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 * * * board * * * is * * * authorized to establish minimum
standards of qualifications including moral, experience and proficiency for
such applicants. The application and the board's recommendation shall be
forwarded to the board of trustees and director of the institution(s) in which
the applicant wishes to practice.
Upon receipt of such
approved application from the * * * board * * *, the board of trustees or the
governing authority and director of the institution or health center shall
submit the application for review to the local medical society, the member of
the Board of Trustees of the State Medical Association of that district and the
member of the * * *
Board of Medical Licensure of the district in which the institution is
located. A formal recommendation from each of these, along with that of the
board of trustees and director of the institution, shall become a part of the
application, and shall then be returned to the * * * Board of Medical Licensure. If a
majority of the recommendations are in favor of the applicant, the * * * board * * * may, in its discretion,
issue a limited license to practice medicine. The holder of such a license
shall be subject to all the laws of the State of Mississippi governing the
practice of medicine.
Such license shall be for
one (1) year and shall be in such form as the * * * board * * * prescribes,
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 * * *
board * * * considers necessary. A graduate of a foreign medical
school so licensed may hold such limited institutional license no longer than
five (5) years. * * * In addition, the * * * board * * *, in its discretion, may
waive the five-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 * * *
board * * * 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 after becoming eligible * * *.
The * * * board * * * 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. The * * * board * * * after notice and
opportunity for a hearing to the licentiate, is authorized to suspend or revoke
for any cause named in this chapter any license it has issued, or the renewal
thereof, that authorizes any person to practice medicine, osteopathy, or any
other method of preventing, diagnosing, relieving, caring for, or treating, or
curing disease, injury or other bodily condition. 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
setting forth the particular reasons for the proposed action and fixing a date
not less than thirty (30) days or more than sixty (60) days from the date of
the mailing or the service, at which time the licentiate 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 licentiate, 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 licentiate. At
the hearing the licentiate 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 licentiate, 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 or served personally upon the
licentiate. The decision of the board revoking or suspending the license shall
become final thirty (30) days after so mailed or served unless within that
period the licentiate appeals the decision to the chancery court, under the
provisions of this section. 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.
For the purpose of
conducting investigations, the * * * executive director * * * may issue subpoenas to any individual,
clinic, hospital, pharmacy 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.
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, and testimony so taken and sworn to shall be
admissible in evidence for and against the respondent. 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 for a stated period of time shall automatically become valid on the expiration of that period and a license that has been suspended for an indefinite period 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. Any licentiate whose license becomes again valid after a period of suspension or after it has been restored to validity by order of the board or by an order of the court, shall record it again in the office of the clerk of the circuit court of the county in which he or she resides in conformity with the requirements of Section 73-25-13. 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 Mississippi 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 * * * physician, * * * physician assistant
or podiatrist is being considered by the * * * board * * *, 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,
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 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 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 * * *. 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, disruptive 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 or she 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 or she 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.
(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, Mississippi Division of Medicaid or any successor federal or state 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, Mississippi Division of Medicaid or any successor federal or state 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.
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.
SECTION 12. Section 73-25-30, Mississippi Code of 1972, is amended as follows:
73-25-30. (1) The * * * board * * *, 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. * * *
(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 73-25-32, Mississippi Code of 1972, is amended as follows:
73-25-32. (1) A person
whose license * * * has been revoked or suspended may petition
the * * *
board * * * to reinstate this license after a period of not less than
one (1) year has elapsed from the date of the revocation or suspension. 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 * * * 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 state or federal criminal
offense, including any period during which he or she is under probation
or parole. The hearing may be continued from time to time as the board * * * 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 board * * * may investigate and
consider all activities of the petitioner since the disciplinary action was
taken * * *,
the offense for which he or she was disciplined, * * * activity during the time * * * the petitioner was in
good standing, * * *
general reputation for truth, professional ability and good character; and it
may require the petitioner to pass an oral examination.
(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 * * * 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 14. Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. The practice of
medicine shall mean to suggest, recommend, prescribe, or direct for the use of
any person, any drug, medicine, appliance, or other agency, whether material or
not material, for the cure, relief, or palliation of any ailment or disease of
the mind or body, or for the cure or relief of any wound or fracture or other
bodily injury or deformity, or the practice of obstetrics or midwifery, after
having received, or with the intent of receiving therefor, either directly or
indirectly, any bonus, gift, profit or compensation; provided, that nothing in
this section shall apply to * * * the practice of
midwifery or to actions that are duly authorized by the state laws of
Mississippi.
In addition to any other provisions of law, it shall be unlawful for any person to perform any act constituting the practice of medicine without first obtaining a medical license in accordance with the rules and regulations of the board. Nothing in this provision shall be construed to limit duly licensed health care professionals from providing medical services within the scope of their authorizing license. The board shall be authorized to seek injunctive relief against the unlawful practice of medicine. Any person violating the provisions of this section shall be punishable by a fine from the board in an amount not to exceed Twenty-five Thousand Dollars ($25,000.00). All fines collected under this provision shall be deposited into the State General Fund.
SECTION 15. Section 73-25-51, Mississippi Code of 1972, is amended as follows:
73-25-51. Sections 73-25-51 through 73-25-67
shall be known as the "Disabled * * * Licensee Law."
SECTION 16. Section 73-25-53, Mississippi Code of 1972, is amended as follows:
73-25-53. * * * Any person holding a professional license from the
board shall be subject to restriction, suspension or revocation, as
hereinafter provided, in case of inability of the licensee to practice * * * 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 * * *;
(d) Behavioral conduct that could be addressed by treatment.
SECTION 17. Section 73-25-55, Mississippi Code of 1972, is amended as follows:
73-25-55. (1) If the * * * board * * * has reasonable cause to
believe that a * * * licensee
is unable to practice * * *
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 as provided in the following:
(a) Except as
otherwise provided in paragraph (b) below, the board * * * shall refer all cases for
such examination to the Mississippi State Medical Association or its
constituent bodies for examination by an examining committee as created by such
association exclusively for the purpose of such examinations. Such examining
committee shall be composed of three (3) practicing physicians and shall
include at least one (1) psychiatrist if a question of mental illness is
involved.
(b) If the * * * licensee to be examined is
not a member of the Mississippi State Medical Association, or if the Mississippi
State Medical Association is unable or unwilling to act on a referral by the
board of medical licensure for examination, the board shall designate the
members of an examining committee. Such examining committee shall be composed
of three (3) practicing physicians and shall include at least one (1)
psychiatrist if a question of mental illness is involved.
SECTION 18. Section 73-25-57, Mississippi Code of 1972, is amended as follows:
73-25-57. (1) The
examining committee assigned to examine a * * * licensee 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 * * * 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 * * * 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, * * * deems 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 * * * physician licensee to submit to such examination. Any * * *
licensee 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 * * * he 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 shall be reported
by the committee to the board, and unless due to circumstances beyond the
control of the * * * licensee, shall be grounds for suspension by the
board * * * until such
time as such * * * licensee has complied with the order of the
committee.
(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 19. 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 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 * * * shall be subject to the
procedure for reinstatement of license in Section 73-25-65.
SECTION 20. 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 * * * practice * * * 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 license to practice * * *, 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 * * * physician 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 21. 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 * * * licensee 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. Such notice and reports shall be served upon
the * * *
licensee either personally or by registered or certified mail with
return receipt requested.
(2) At * * * the hearing the * * * licensee shall have the right
to be present, to be represented by counsel, to produce witnesses or evidence
in his 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 * * * physician licensee submit to the care, counseling or
treatment by physicians acceptable to the board.
(b) Suspend or
restrict the license of the * * * licensee
for the duration of * * * impairment.
(c) Revoke the license
of the * * * licensee.
(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 in support of the examining committee's
determination is clear, competent and unequivocal and that * * * 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 in any other legal proceedings except upon judicial review as provided
herein.
SECTION 22. 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 a reinstatement of * * * license and to demonstrate that * * * the licensee can resume * * * competent practice * * * 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 * * * 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 23. Section 73-25-87, Mississippi Code of 1972, is amended as follows:
73-25-87. Whenever the
board finds any person * * *
in violation of this chapter, 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; or
(i) Impose a punitive fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per offense.
SECTION 24. Section 73-25-7, Mississippi Code of 1972, which provides when and where licensure examinations are conducted, is repealed.
SECTION 25. Section 73-25-9, Mississippi Code of 1972, which prescribes specific fees for licensure examination, is repealed.
SECTION 26. Section 73-25-15, Mississippi Code of 1972, which provides for lost licenses, is repealed.
SECTION 27. Section 73-25-25, Mississippi Code of 1972, which authorizes the issuance of a license for a person desiring to practice osteopathic medicine in this state, is repealed.
SECTION 28. Section 73-25-39, Mississippi Code of 1972, which provides for the acquisition of books and stationery by the board, is repealed.
SECTION 29. Section 73-25-81, Mississippi Code of 1972, which defines the membership of the board responsible for licensure and discipline of physicians in this state, is repealed.
SECTION 30. This act shall take effect and be in force from and after July 1, 2019.
