MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Banks, Bozeman, Schoby, Straughter, Wallace

AN ACT TO AMEND SECTION 97-23-43, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE IMPERSONATION OF A PHYSICIAN OR SURGEON AND THE PRACTICE OF MEDICINE WITHOUT A LICENSE; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-23-43, Mississippi Code of 1972, is amended as follows:

97-23-43. (1) If any person shall practice as an attorney and counsellor-at-law, * * * or shall practice as a dentist, or shall practice as a pharmacist, without having first been examined and obtained a license as required by law, he shall, on conviction, of the first offense, be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail not less than three (3) months or more than twelve (12) months or both; and such person, upon conviction of the second offense against this section, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) or by imprisonment in the Penitentiary not less than one (1) year or more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.

(2) If any person shall practice as a physician or surgeon in the course of providing or offering to provide medical treatment or hold himself out to be a physician or surgeon without having first been examined and obtained a license as required by law, he shall be guilty of a misdemeanor and upon conviction he shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.