House Bill 1344

(As Passed the House)

AN ACT TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEMBERSHIP OF THE STATE BOARD OF MEDICAL LICENSURE TO INCLUDE THREE CONSUMERS WHO ARE NOT PHYSICIANS AND HAVE NO TIES TO PHYSICIANS; TO PROVIDE THAT THE MISSISSIPPI MEDICAL AND SURGICAL ASSOCIATION SHALL MAKE NOMINATIONS FOR APPOINTMENTS OF PHYSICIAN MEMBERS TO THE BOARD; TO PROVIDE THAT THE GOVERNOR SHALL APPOINT AT LEAST ONE PHYSICIAN MEMBER OF THE BOARD FROM THOSE NOMINATIONS; TO AMEND SECTIONS 73-43-7 AND 73-43-14, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 and three (3) consumers. The consumer members shall be nonvoting members of the board.

(2) Each of the physician members of the board must have graduated from a medical school that 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 that 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.

(3) Each of the consumer members of the board must be a person who is not a physician or other provider of health care services, who does not have a physician as a member of his or her immediate family, and who does not have any financial interest in the practice of any physician or group of physicians.

(4) No more than two (2) physician members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) physician members of the board shall be from the same Mississippi Supreme Court district.

(5) Three (3) physicians shall be nominated to the Governor for each appointive physician member position by the Mississippi State Medical Association, and two (2) physicians shall be nominated for each appointive physician member position by the Mississippi Medical and Surgical Association. The nominations by each of those associations shall give due regard to geographic distribution, race and sex. The Governor shall appoint from those nominations the physician members of the board with the advice and consent of the Senate. The Governor shall appoint at least one (1) physician member of the board from the nominations by the Mississippi Medical and Surgical Association.

(6) The Governor shall appoint the three (3) consumer members with the advice and consent of the Senate with one (1) member being appointed from each Supreme Court district.

(7) The original appointments of the physician members 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 that expires July 1, 1982, three (3) members shall be appointed for a term that expires July 1, 1984, and three (3) members shall be appointed for a term that expires July 1, 1986. The original appointments of the consumer members of the board shall be made no later than June 30, 2004, for terms to begin on July 1, 2004. The Governor shall designate the initial terms of the consumer members of the board as follows: One (1) member shall be appointed for a term that expires July 1, 2007, one (1) member shall be appointed for a term that expires July 1, 2009, and one (1) member shall be appointed for a term that expires July 1, 2011. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term.

(8) Vacancies in office shall be filled by appointment of the Governor in the same manner as the appointment to the position that becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature.

SECTION 2. Section 73-43-7, Mississippi Code of 1972, is amended as follows:

73-43-7. Five (5) members shall constitute a quorum, and a majority of the physician members who are present shall be necessary to reject any application. All regular meetings of the board shall be held at least quarterly upon the call of the president, except the first meeting of the original appointees, which shall be called by the Governor. The members of the board shall be entitled to a per diem of Forty Dollars ($40.00) for each day's service in attending meetings of the board and for conducting examinations for professional certificates, and shall receive reimbursement for necessary expenses and mileage as is authorized by law.

SECTION 3. Section 73-43-14, Mississippi Code of 1972, is amended as follows:

73-43-14. The State Board of Medical Licensure may appoint an executive committee, to be composed of three (3) of the physician members, with a chairman to be designated by the board from the members appointed to the committee. The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board. The executive committee shall have the authority to conduct licensure hearings under Section 73-25-27, provided that the power to revoke shall be subject to approval of the board. Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board. Any person aggrieved by an action of the board regarding licensure may appeal to the Chancery Court of the First Judicial District of Hinds County. Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee. Any two (2) members of the executive committee shall be a quorum for the transaction of business.

All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004, except for Section 1, which shall take effect and be in force from and after the passage of this act.