Senate Bill 2758

AN ACT TO AMEND SECTION 73-25-34, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT HEALTH CARE PROVIDERS MAY PROVIDE SERVICES THROUGH THE USE OF INTERACTIVE AUDIO, VIDEO, OR OTHER ELECTRONIC MEDIA TO A MISSISSIPPI RESIDENT WHO LIVES IN AN AREA DESIGNATED A HEALTH PROFESSIONAL SHORTAGE AREA FOR PRIMARY CARE, MENTAL HEALTH OR DENTAL CARE BY THE DEPARTMENT OF HEALTH; PROVIDE FOR THE REQUIREMENTS THAT A PROVIDER MUST MEET TO PRACTICE UNDER THIS ACT; TO PROVIDE THAT A PROVIDER SHALL BE IMMUNE FROM LIABILITY FOR ANY CIVIL ACTION ARISING OUT OF THE PROVISION OF SUCH CARE IF PROVIDED IN GOOD FAITH ON A CHARITABLE BASIS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-25-34, Mississippi Code of 1972, is amended as follows:

73-25-34. (1) For the purposes of this section, telemedicine, or the practice of medicine across state lines, shall be defined to include any one or both of the following:

(a) Rendering of a medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent; or

(b) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his agent.

(2) Except as hereinafter provided, no person shall engage in the practice of medicine across state lines (telemedicine) in this state, hold himself out as qualified to do the same, or use any title, word or abbreviation to indicate to or induce others to believe that he is duly licensed to practice medicine across state lines in this state unless he has first obtained a license to do so from the State Board of Medical Licensure and has met all educational and licensure requirements as determined by the State Board of Medical Licensure.

(3) The requirement of licensure as set forth in subsection (2) above shall not be required where the evaluation, treatment and/or the medical opinion to be rendered by a physician outside this state (a) is requested by a physician duly licensed to practice medicine in this state, and (b) the physician who has requested such evaluation, treatment and/or medical opinion has already established a doctor/patient relationship with the patient to be evaluated and/or treated.

(4) A health care provider may provide health care services through the use of interactive audio, video, or other electronic media to a Mississippi resident who lives in an area designated a health professional shortage area for primary care, mental health, or dental care by the Department of Health.

(a) This subsection shall not apply to a health care provider whose license or certificate is suspended or revoked pursuant to disciplinary proceedings in any jurisdiction, but does apply to a health care provider licensed under a comparable provision of the law of another state, territory, district or possession of the United States.

(b) This subsection shall 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.

(c) Any health care provider who provides health care services to a person under this subsection shall be immune from liability for any civil action arising out of the provision of such health care services provided in good faith on a charitable basis. This subsection shall not extend immunity to acts of willful or gross negligence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.