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AMENDMENT NO 1 PROPOSED TO

 

House Bill No.  977

 

BY: Senator(s) Hill

 

     AMEND by striking Section 5 and substituting the following in lieu thereof:

     SECTION 5.  Section 73-25-19, Mississippi Code of 1972, is amended as follows:

     73-25-19.  (1)  Nonresident physicians not holding a license from the state shall not be permitted to practice medicine under any circumstances after remaining in the state for five (5) days, except when called in consultation by a licensed physician residing in this state or except as authorized under Sections 1 through 4 of this act.  This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17.

     (2)  Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required under the applicable licensing laws of this state is necessary for the voluntary provision of health care services by any person who:

          (a)  Is a licensed health care provider; or

          (b)  Lawfully practices under an exception to the licensure or certification requirements of any state, territory, district or possession of the United States, provided that the person does not and will not regularly practice in Mississippi.

     (3)  Subsection (2) of this section does not apply to a person whose license or certificate is suspended or revoked pursuant to disciplinary proceedings in any jurisdiction.  In addition, subsection (2) of this section does not apply to a licensed health care provider who renders services outside the scope of practice authorized by the health care provider's licensure, certification or exception to that licensure or certification.

     (4)  A licensed or lawfully practicing health care provider who voluntarily provides needed medical or health services to any person without the expectation of payment due to the inability of such person to pay for said services shall be immune from liability for any civil action arising out of the provision of such medical or health services provided in good faith on a voluntary basis.  This section shall not extend immunity to acts of willful or gross negligence.

     FURTHER, AMEND the title by inserting the following after the semicolon on line 11:

TO CLARIFY THE STATUS OF NONRESIDENT HEALTH PROFESSIONALS PROVIDING VOLUNTARY CARE;