Bill Text: MS HB927 | 2021 | Regular Session | Introduced


Bill Title: State Board of Medical Licensure; revise composition of to include consumer members.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [HB927 Detail]

Download: Mississippi-2021-HB927-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Human Services

By: Representative Huddleston

House Bill 927

AN ACT TO AMEND SECTIONS 73-43-1, 73-43-3, 73-43-5, 73-43-7 AND 73-43-14, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP AND TERMS OF OFFICE OF 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 73-43-1, Mississippi Code of 1972, is amended as follows:

     73-43-1.  There is * * *hereby 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 * * * 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, 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 appointive position by the Mississippi State Medical Association; and * * * said the nominations shall give due regard to geographic distribution, race and sex.  The Governor shall appoint from * * * said 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 of the board shall be appointed by the Governor, after consulting with 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, Mississippi Medical and Surgical Association, Mississippi Osteopathic Medical Association, or any other health care association or organization.  Original appointments of the consumer members shall be made no later than June 30, 2021, for terms to begin on July 1, 2021.  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, 2022, one (1) member shall be appointed for a term that expires July 1, 2024, and one (1) member shall be appointed for a term that expires July 1, 2026.  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 which 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 * * * State board * * * of Medical Licensure 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.

     SECTION 4.  Section 73-43-7, Mississippi Code of 1972, is amended as follows:

     73-43-7.  * * * Five (5) 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 * * *, except the first meeting of the original appointees which shall be called by the Governor.  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 73-43-14, Mississippi Code of 1972, is amended as follows:

     73-43-14.  The * * * State board * * * of Medical Licensure may appoint an executive committee, to be composed of * * * three (3) four (4) of its members, three (3) physicians and one (1) consumer.  The president of the board shall be the chairman of the executive committee * * * with a chairman to be designated by the board from the members appointed to said 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 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 6.  This act shall take effect and be in force from and after its passage.


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