MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) White (29th)

AN ACT TO AMEND SECTION 73-25-30, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE TO IMPOSE A MONETARY PENALTY FOLLOWING DISCIPLINARY ACTION; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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, Mississippi Code of 1972, shall have the power to discipline the holder of a license who has been found by the Board of Medical Licensure in violation of said statute after notice and a hearing as provided by law, and said licensee shall be disciplined as follows, to-wit:

(a) By placing him upon probation, the terms of which may be set by the board, or

(b) By suspending his right to practice for a time deemed proper by the board of medical licensure, or

(c) By revoking his license, or

(d) By taking any other action in relation to his license as the board of medical licensure may deem proper under the circumstances.

(2) Upon the execution of a disciplinary order by the board, either following a hearing or in lieu of a hearing, the board may, in addition to the disciplinary powers noted in paragraph (1) above, assess 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, legal, expert witnesses and investigators. Money collected by the board under this section shall be deposited to the credit of the Special Fund of the Medical Licensure Board, said fund to reimburse the existing operating budget.

(3) Assessments levied under this section shall be paid to the board by the licensee, upon the expiration of the period allowed for appeal of such costs under Section 73-25-27, Mississippi Code of 1972, or may be paid sooner if the licensee elects.

(4) When payment of reasonable costs are assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, said licensee shall be prohibited from practicing medicine until the full amount is paid. Further, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the Chancery Court of the First Judicial District of Hinds County. When such proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall thereupon be heard in due course by the court, which shall review the record and make its determination thereon. The hearing on the matter may, in the discretion of the chancellor, be tried in vacation.

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