MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Public Health and Human Services
By: Representative Huddleston
AN ACT TO AMEND SECTIONS 73-43-1, 73-43-3, 73-43-5, 73-43-7 AND 73-43-14, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP AND TERMS OF OFFICE OF THE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-43-1, Mississippi Code of 1972, is amended as follows:
73-43-1. There is * * * created and established a board to be
known as the Mississippi State Board of Medical Licensure.
SECTION 2. Section 73-43-3, Mississippi Code of 1972, is amended as follows:
73-43-3. (1) The Mississippi
State Board of Medical Licensure (board) shall consist of nine (9)
physicians and three (3) consumer members. Each of the physicians shall * * * hold
a current Mississippi license to practice medicine and have at least six
(6) years' experience in the practice of medicine. 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.
(2) (a) Three (3)
physicians shall be nominated to the Governor for each physician member
appointive position by the Mississippi State Medical Association; and * * * the nominations shall give due
regard to geographic distribution, race and sex. The Governor shall appoint
from * * * the
nominations the physician members of the board with the advice and
consent of the Senate. 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.
(b) Three (3) consumer members of the board shall be appointed by the Governor, after consulting with the Mississippi State Medical Association. Consumer members shall not have ever been a licensee in any field of health care, and shall not be employed by the University of Mississippi Medical Center, Mississippi State Medical Association, Mississippi Medical and Surgical Association, Mississippi Osteopathic Medical Association, or any other health care association or organization. Original appointments of the consumer members shall be made no later than June 30, 2021, for terms to begin on July 1, 2021. The Governor shall appoint a consumer member from each of the Mississippi Supreme Court districts with the advice and consent of the Senate. The Governor shall designate the initial terms of the members as follows: one (1) member shall be appointed for a term that expires July 1, 2022, one (1) member shall be appointed for a term that expires July 1, 2024, and one (1) member shall be appointed for a term that expires July 1, 2026. Thereafter, all appointments shall be for terms of six (6) years from the expiration date 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. Section 73-43-5, Mississippi Code of 1972, is amended as follows:
73-43-5. The * * * board * * * is authorized to elect
from its own members a president and secretary, and to create such other
offices and adopt such bylaws as may be necessary for its efficient operation.
SECTION 4. Section 73-43-7, Mississippi Code of 1972, is amended as follows:
73-43-7. * * * Seven (7) members, five (5)
of whom must be physician members, shall constitute a quorum, and a
majority of those 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 * * *. 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 5. Section 73-43-14, Mississippi Code of 1972, is amended as follows:
73-43-14. The * * * board * * * may appoint an executive
committee, to be composed of * * * four (4) of its members, three
(3) physicians and one (1) consumer. The president of the board shall be the
chairman of the executive 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 pursuant to 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 6. This act shall take effect and be in force from and after its passage.