Bill Text: MS SB2729 | 2021 | Regular Session | Introduced
Bill Title: Practice of medicine; revise definitions, licensure procedures and disciplinary procedures under the Medical Practice Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2729 Detail]
Download: Mississippi-2021-SB2729-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Public Health and Welfare; Finance
By: Senator(s) Fillingane
Senate Bill 2729
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 PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST INACTIVE STATUS, AND 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 SECTION 73-25-18, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A SPECIAL VOLUNTEER MEDICAL LICENSE; TO AMEND SECTIONS 73-25-19, 73-25-21 AND 73-25-23, MISSISSIPPI CODE OF 1972, TO CLARIFY PROCEDURES FOR 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 73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63 AND 73-25-65, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW; TO AMEND SECTION 73-25-87, MISSISSIPPI CODE OF 1972, TO REVISE DISCIPLINARY ACTION WHICH THE BOARD IS AUTHORIZED TO TAKE AT THE BEHEST OF PHYSICIAN MEMBERS OF THE BOARD ITSELF; TO AMEND SECTION 73-25-89, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HEARING MUST BE HELD WITHIN SIXTY DAYS IF THE BOARD DETERMINES THAT A PHYSICIAN'S CONTINUATION OF PRACTICE IS AN IMMEDIATE DANGER; TO REPEAL SECTION 73-25-9, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES SPECIFIC FEES FOR LICENSURE EXAMINATION; TO REPEAL SECTION 73-25-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR LOST LICENSES; TO REPEAL 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; TO REPEAL SECTION 73-25-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ACQUISITION OF BOOKS AND STATIONARY BY THE BOARD; TO REPEAL 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. For the purposes
of this chapter, the "practice of medicine" shall mean the practice of
allopathic and osteopathic medicine. For the purposes of this chapter, "physician"
shall mean 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 Mississippi State Board of Medical Licensure (board) * * *.
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, 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 * * * 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, or other identification methods, 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 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. * * * Except as provided in Section 33-1-39, the
license of every person licensed to practice medicine * * *
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 * * * 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, * * *
along with any penalty fees or other requirements established by the board, and
a portion of * * * said fees shall be used to
support a program to aid impaired * * *
licensees. * * * Upon receipt of the application
and any fees, 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.
Any physician practicing in the State of Mississippi whose license has lapsed may petition the board for reinstatement of his 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.
A physician who wishes to retain his license but not actively practice medicine may request "retired status" for his license by submitting the proper paperwork as prescribed by the board with his 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.
* * *
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 * * *
Accreditation Council for Graduate Medical Education (ACGME)-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 * * * seven (7)
years, except when in combination with a PH.D. program.
(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 73-25-18, 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
as 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 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 73-25-19, Mississippi Code of 1972, is amended as follows:
73-25-19. Nonresident
physicians not holding a license from the state shall not be permitted to
practice medicine under any circumstances * * *
except when called in consultation by a licensed physician residing in this
state or except as authorized under Sections 73-25-121 through 73-25-127. This
section shall not apply to any nonresident physician who holds a temporary
license to practice medicine * * *.
SECTION 8. 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 9. Section 73-25-23, Mississippi Code of 1972, is amended as follows:
73-25-23. The Mississippi State Board of Medical Licensure is hereby 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 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 * * * seven (7) years. * * * In addition, the Mississippi State
Board of Medical Licensure, in its discretion, may waive the * * *
seven-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 after becoming eligible for such examination.
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 10. Section 73-25-27, Mississippi Code of 1972, is amended as follows:
73-25-27. The Mississippi State Board of Medical Licensure 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 or electronic
acknowledgment, personal service 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
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 * * * 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 * * * 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 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 11. 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, * * * a physician assistant,
or podiatrist 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, office of a * * * physician or podiatrist 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 * * *
physician or podiatrist. 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, 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 12. 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.
(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 provide 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.
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 13. 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 investigative
costs and legal fees 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 14. Section 73-25-32, Mississippi Code of 1972, is amended as follows:
73-25-32. (1) A person
whose license to practice * * * which has been * * *
suspended 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. A person whose license
to practice which has been revoked may petition the board to reinstate this
license after a period of not less than three (3) years or, as determined by
the board, 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 state or federal 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 his certificate was in good standing,
his general reputation for truth, professional ability and good character; and
it may require the petitioner to pass an oral examination or submit to 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. The practice of
medicine shall mean * * *
one or more of the following: (i) 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; (ii) 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;
(iii) 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; (iv) 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 (v) performing any kind of surgical operation upon another person.
In addition to any provisions of the 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.
In addition to any other civil remedy or criminal penalty provided for by law, the board shall be authorized to seek injunctive relief against the unlawful practice of medicine. The executive director of the board may issue a summons to appear before the board to any person or persons who the executive director has probable cause to believe has violated this section by practicing, or attempting to practice, or offering to practice medicine without a current, valid license or permit, and may subpoena any necessary witnesses for the proceeding. The summons issued by the board shall command each person to whom it is directed to attend and give testimony at a time and place specified in the summons. The summons shall be served upon the individual personally or by certified mail, and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond to the board. Any summonses or witness subpoenas issued by the board for the purposes of this chapter shall be enforceable as to compliance by the Chancery Court of the First Judicial District of Hinds County.
In proceedings conducted pursuant to the above, the board may levy for each and every violation a civil penalty upon any unlicensed person who, after a hearing, is found to have practiced medicine without the benefit of a current, valid license. Civil penalties may be issued by the board under the provisions of this chapter as follows:
(i) For the first violation, a monetary penalty of not more than Twenty-five Thousand Dollars ($25,000.00).
(ii) For the second violation, a monetary penalty of not more than Thirty-five Thousand Dollars ($35,000.00).
(iii) For the third and any subsequent violations, a monetary penalty of not more than Fifty Thousand Dollars ($50,000.00) per offense.
For any violation(s), the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided above. Appeals may be made as provided in Sections 73-25-27, 73-43-14 and 73-43-17, Mississippi Code of 1972. Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner 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 board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board.
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 Mississippi State Board of Medical Licensure
shall be subject to restriction, suspension or revocation, * * * 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 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 physician to practice, the committee shall
order the * * * 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 * * *
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 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 * * * 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 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 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 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 for the duration of his or her
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 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 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 his or her
license and to demonstrate that * * *
the licensee can resume * * *
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 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 23. Section 73-25-87, Mississippi Code of 1972, is amended as follows:
73-25-87. Whenever the
board finds any person unqualified because of any of the grounds set forth in * * *
this chapter, it may enter an order imposing one or more of the
following:
(a) Deny his application for a license or other authorization to practice medicine;
(b) Administer a public or private reprimand;
(c) Suspend, limit or restrict his 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 his 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, 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.
SECTION 24. 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 * * * sixty (60) days of such
action.
SECTION 25. Section 73-25-9, Mississippi Code of 1972, which provides for the application fee for those seeking a medical license, is repealed.
SECTION 26. Section 73-25-15, Mississippi Code of 1972, which provides for the procedures for lost medical licenses, is repealed.
SECTION 27. Section 73-25-25, Mississippi Code of 1972, which provides for the procedure to obtain a license in osteopathic medicine, is repealed.
SECTION 28. Section 73-25-39, Mississippi Code of 1972, which allows the State Board of Medical Licensure to contract for the acquisition of books and other records, is repealed.
SECTION 29. Section 73-25-81, Mississippi Code of 1972, which provides for the definition of the Board of Medical Licensure, is repealed.
SECTION 30. This act shall take effect and be in force from and after July 1, 2021.
