Bill Text: MS HB673 | 2022 | Regular Session | Comm Sub
Bill Title: State Board of Medical Licensure; revise composition of to include consumer members.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Failed) 2022-02-10 - Died On Calendar [HB673 Detail]
Download: Mississippi-2022-HB673-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representative Cockerham
House Bill 673
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 73-43-1, 73-43-3, 73-43-5, 73-43-7, 73-43-11 AND 73-43-14, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE STATE BOARD OF MEDICAL LICENSURE TO INCLUDE CONSUMER MEMBERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-43-1, Mississippi Code of 1972, is amended as follows:
73-43-1. There is * * * created and established a board to be
known as the Mississippi State Board of Medical Licensure.
SECTION 2. Section 73-43-3, Mississippi Code of 1972, is amended as follows:
73-43-3. (1) The Mississippi
State Board of Medical Licensure (board) shall consist of nine (9)
physicians and three (3) consumer members. Each of the physicians shall * * * hold
a current Mississippi license to practice medicine and have at least six (6)
years' experience in the practice of medicine. No more than two (2) physician
members of the board shall be a member of the faculty of the University of
Mississippi School of Medicine. No more than four (4) physician members
of the board shall be from the same Mississippi Supreme Court district.
(2) (a) Three (3)
physicians shall be nominated to the Governor for each * * * physician member position by
the Mississippi State Medical Association; and * * * the nominations shall give due
regard to geographic distribution, race and sex. The Governor shall appoint
from * * * the
nominations the physician members of the board with the advice and
consent of the Senate. 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.
(b) Three (3) consumer members shall be appointed by the Governor, after consulting the Mississippi State Medical Association. Consumer members shall not have ever been a licensee in any field of health care, and shall not be employed by the University of Mississippi Medical Center, Mississippi State Medical Association, or any other health care association or organization. Original appointments of the consumer members shall be made no later than June 30, 2023, for terms to begin on July 1, 2023. The Governor shall appoint a consumer member from each of the Mississippi Supreme Court districts with the advice and consent of the Senate. The Governor shall designate the initial terms of the members as follows: One (1) member shall be appointed for a term that expires July 1, 2025, one (1) member shall be appointed for a term that expires July 1, 2027 and one (1) member shall be appointed for a term that expires July 1, 2029. Thereafter, all appointments shall be for terms of six (6) years from the expiration date 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 that becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature.
SECTION 3. Section 73-43-5, Mississippi Code of 1972, is amended as follows:
73-43-5. The * * * board * * * is authorized to elect
from its own members a president and secretary, and to create such other
offices and adopt such bylaws as may be necessary for its efficient operation. Consumer
members may discuss, vote and nominate candidates for office, but may not hold
office in such elections.
SECTION 4. Section 73-43-7, Mississippi Code of 1972, is amended as follows:
73-43-7. * * * Seven (7) members, five (5)
of whom must be physician members, shall constitute a quorum, and a majority
of those present shall be necessary to reject any application. All regular
meetings of the board shall be held at least quarterly upon the call of the
president * * *.
The members of the board shall be entitled to a per diem of Forty Dollars
($40.00) for each day's service in attending meetings of the board and for
conducting examinations for professional certificates, and shall receive
reimbursement for necessary expenses and mileage as is authorized by law.
SECTION 5. Section 73-43-11, Mississippi Code of 1972, is amended as follows:
73-43-11. The State Board of Medical Licensure shall have the following powers and responsibilities:
(a) Setting policies and
professional standards regarding the medical practice of physicians,
osteopaths, podiatrists * * * and, physician assistants practicing with physician
supervision, and any other profession assigned to the board in statute;
(b) Considering applications for licensure;
(c) Conducting examinations for licensure;
(d) Investigating alleged violations of the Medical Practice Act and the regulations of the board;
(e) Conducting hearings on disciplinary matters involving violations of state and federal law, probation, fining, suspension and revocation of licenses;
(f) Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;
(g) To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;
(h) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;
(i) To perform the duties prescribed by Sections 73-26-1 through 73-26-5; and
(j) To perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101.
SECTION 6. Section 73-43-14, Mississippi Code of 1972, is amended as follows:
73-43-14. The * * * board * * * may appoint an executive
committee, to be composed of * * * four (4) of its members, three
(3) physicians and one (1) consumer, with a non-voting chairman to
be designated by the board from the members appointed to * * * the committee. The executive
committee shall have authority to execute all the powers vested in the board,
in the interim of the meetings of the board. The executive committee shall
have the authority to conduct licensure hearings pursuant to Section 73-25-27,
provided that the power to revoke shall be subject to approval of the board.
Any person aggrieved by a decision of the executive committee regarding licensure
may appeal to the board. Any person aggrieved by an action of the board
regarding licensure may appeal to the Chancery Court of the First Judicial
District of Hinds County. Any action of the executive committee shall be legal
and binding until modified or annulled by the board, and all pains and
penalties prescribed for violating the rules of the board shall apply to any
violation of rules and regulations that may be prescribed by the executive
committee. Any two (2) members of the executive committee, not including
the chairman, shall be a quorum for the transaction of business.
All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.
