MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) White (5th)

AN ACT TO AMEND SECTION 73-19-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GOVERNOR MAY APPOINT ANY QUALIFIED OPTOMETRIST TO THE STATE BOARD OF OPTOMETRY; TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATEWIDE MEDICAL ASSOCIATIONS SHALL MAKE NOMINATIONS TO THE GOVERNOR FOR MEMBERS APPOINTED TO THE STATE BOARD OF MEDICAL LICENSURE AND TO PROVIDE THAT THE GOVERNOR MAY MAKE APPOINTMENTS FROM SUCH NOMINATIONS OR MAY APPOINT ANY QUALIFIED PHYSICIAN; AND FOR RELATED PURPOSES.  

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

SECTION 1. Section 73-19-7, Mississippi Code of 1972, is amended as follows:

73-19-7. The Governor, with the advice and consent of the Senate, shall appoint a State Board of Optometry, consisting of five (5) persons, citizens of Mississippi, each of whom shall be a nonmedical man or woman actually engaged in the practice of optometry for five (5) years next preceding his appointment. Within ninety (90) days after March 25, 1974, the Governor shall appoint: one (1) member for a term of one (1) year, one (1) member for a term of two (2) years, one (1) member for a term of three (3) years, one (1) member for a term of four (4) years, and one (1) member for a term of five (5) years; and upon the expiration of all such terms, their successors shall be appointed by the Governor for a term of five (5) years. From and after July 1, 1983, the appointments to the board shall be made with one (1) member to be appointed from each of the congressional districts as existing on January 1, 1980; provided that the present members of the State Board of Optometry whose terms have not expired by July 1, 1983, shall continue to serve until their terms of office have expired. Each member shall remain in office after the expiration of his term until his successor shall be duly appointed and qualified.

No person so appointed shall be a stockholder in or a member of the faculty or of the board of trustees of any school of optometry, or serve to exceed two (2) five-year terms.

Vacancies on the board shall be filled by appointment by the Governor, with the advice and consent of the Senate, from a list of names submitted by the Mississippi Optometric Association consisting of three (3) of its members, or by appointment of any qualified optometrist.

SECTION 2. Section 73-43-3, Mississippi Code of 1972, is amended as follows:

73-43-3. (1) The State Board of Medical Licensure shall consist of nine (9) physicians. 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, and have at least six (6) years' experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court district.

(2) The Governor shall solicit nominations from the statewide organizations representing those physicians who are qualified to be members of the board as prescribed in subsection (1) of this section. All such nominations shall give due regard to geographic distribution, race and sex. The Governor shall appoint * * * the members of the board with the advice and consent of the Senate; and such appointments shall be made from the nominations solicited as hereinabove provided or the Governor may appoint any physician who is qualified to be a member of the board. 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.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.