MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Representative Moody

AN ACT TO REQUIRE HOSPITALS TO HAVE A POLICY THAT PSYCHOLOGISTS MAY BE MEMBERS OF THE MEDICAL STAFF OF THE HOSPITAL AND SHALL HAVE ACCESS TO AND PRIVILEGES OF THE HOSPITAL TO THE SAME EXTENT AS PHYSICIANS IF THEY HAVE MET THE LICENSURE REQUIREMENTS FOR THE PRACTICE OF PSYCHOLOGY UNDER STATE LAW; TO AMEND SECTION 41-9-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LICENSING AGENCY SHALL NOT ISSUE OR RENEW A LICENSE FOR A HOSPITAL UNLESS THE HOSPITAL MEETS THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.  

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

SECTION 1. Any hospital licensed under Section 41-9-1 et seq., that offers care or services within the scope of the practice of psychology as defined in Section 73-31-3, and any hospital making application for a license under Section 41-9-1 et seq., that will offer care or services within the scope of the practice of psychology, shall have a policy, as reflected in the hospital and medical staff bylaws, that:

(a) Psychologists may be members of the medical staff of the hospital and shall have access to and privileges of the hospital to the same extent as physicians if they have met the licensure requirements for the practice of psychology under Mississippi law, and

(b) No psychologist shall be denied membership on the medical staff of the hospital or denied access to or privileges of the hospital solely on the basis that he or she is licensed as a psychologist.

However, this section shall not prohibit any hospital from establishing reasonable restrictions on the particular procedures that may be performed by any psychologist at the hospital, if the restrictions are based upon the generally accepted minimum levels of education, training and/or experience necessary to properly perform those procedures.

SECTION 2. Section 41-9-11, Mississippi Code of 1972, is amended as follows:

41-9-11. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and hospital facilities meet the requirements established under Sections 41-9-1 through 41-9-35, * * * the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable, and the requirements of Section 1 of this act, if applicable. A license, unless suspended or revoked, shall be renewable annually, upon (a) filing by the licensee, and approval by the licensing agency, of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation, (b) a determination by the licensing agency that the hospital is in compliance with the requirements of Section 1 of this act, if applicable, and (c) paying the annual fee for such license as determined by the schedule and provisions of Section 41-9-9. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.