MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Public Health and Welfare

By: Senator(s) Parker, Hill

Senate Bill 2873

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 41-9-69, 73-9-13 AND 73-43-11, MISSISSIPPI CODE OF 1972, TO PROVIDE MEDICAL RECORDS RETENTION REQUIREMENTS FOR HOSPITALS, PHYSICIANS AND DENTISTS; TO REQUIRE HOSPITAL, DENTAL AND MEDICAL RECORDS IN THEIR ORIGINAL, MICROFILMED, OR SIMILARLY REPRODUCED FORM TO BE PROVIDED UPON REQUEST TO A PARENT OR GUARDIAN OF AN UNEMANCIPATED MINOR UNDER 18 WITHOUT THE PERMISSION OF SUCH UNEMANCIPATED MINOR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-9-69, Mississippi Code of 1972, is amended as follows:

     41-9-69.  (1)  (a)  Hospital records shall be retained * * *, preserved and properly stored by hospitals for such periods of reasonable duration as may be prescribed in rules and regulations adopted by the licensing agency.  Such rules and regulations may provide for different periods of such retention for the various constituent parts of any hospital records, and such rules and regulations may require that an abstract be made of pertinent data from any hospital records that may be retired as provided herein.  Such rules and regulations may also provide for different periods of such retention for the various injuries, diseases, infirmities or conditions primarily causing or associated with the hospitalization.  However, complete hospital records shall be retained for a period after discharge of the patient of at least (a) seven (7) years in cases of patients discharged at death, except as may be otherwise hereinafter provided; (b) ten (10) years in cases of adult patients of sound mind at the time of discharge, except as may be otherwise hereinafter provided; (c) for the period of minority or other known disability of the patient plus seven (7) additional years, but not to exceed twenty‑eight (28) years, in cases of patients under disability of minority or otherwise; or (d) for the period of minority or other known disability of any survivors hereinafter mentioned plus seven (7) additional years, but not to exceed twenty‑eight (28) years, in all cases where the patient was discharged at death, or is known by the hospital to have died within thirty (30) days after discharge, and the hospital knows or has reason to believe that such patient or former patient left one or more survivors under disability of minority or otherwise who are or are claimed to be entitled to damages for wrongful death of the patient under Section 11‑7‑13, or laws amendatory thereof. by hospitals in their original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is discharged.

(b)  Graphic matter, images, X-ray films and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved, and properly stored by hospitals in their original, microfilmed, or similarly reproduced form for a minimum period of three (3) years from the date a patient is discharged.  Such graphic matter, images, X-ray film, and like matter shall be retained for longer periods when requested in writing by the patient or someone acting legally in his behalf.

     Upon the expiration of the applicable period of retention, any hospital may retire the hospital record.

     (2) * * *  X‑ray film and any other graphic data may be retired four (4) years after the date of exposure of the X‑ray film or creation of the graphic data if the written and signed findings of a radiologist who has read such X‑ray film or other professional who has interpreted such graphic data are retained for the same period as other hospital records under the preceding subsection. However, before X‑ray film or graphic data is retired, the signature of the patient or his representative consenting to the retirement of X‑rays or graphic data shall be on file, or the hospital, by certified letter, return receipt requested, shall advise the patient or his representative of its intent to retire the X‑ray film or graphic data.  The letter shall be mailed to the last known address of the patient or the patient's representative as reflected in the hospital's records.  The patient or his representative shall have sixty (60) days from the date of the hospital's letter to request in writing that the X‑ray film or graphic data be maintained by the hospital for the same period as hospital records under the preceding subsection.  If such request is received by the hospital within sixty (60) days from the date of its letter, the hospital shall abide by such request. Otherwise, the hospital may retire such X‑ray film or graphic data as it chooses. Hospital records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.

     SECTION 2.  Section 73-9-13, Mississippi Code of 1972, is amended as follows:

     73-9-13.  The State Board of Dental Examiners shall each year elect from their number a president, vice president and secretary-treasurer to serve for the coming year and until their successors are qualified.  Only dentist members of the board may hold the offices of president and vice president.  The board shall have a seal with appropriate wording to be kept at the offices of the board.  The secretary and the executive director of the board shall be required to make bond in such sum and with such surety as the board may determine.  It shall be the duty of the executive director to keep a complete record of the acts and proceedings of the board and to preserve all papers, documents and correspondence received by the board relating to its duties and office.

     The board shall have the following powers and duties:

          (a)  To carry out the purposes and provisions of the state laws pertaining to dentistry and dental hygiene, and the practice thereof and matters related thereto, particularly Sections 73-9-1 through 73-9-117, together with all amendments and additions thereto.

          (b)  To regulate the practice of dentistry and dental hygiene and to promulgate reasonable regulations as are necessary or convenient for the protection of the public; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of dentists that conflicts with the prohibitions in Section 73-49-3.

          (c)  To make rules and regulations by which clinical facilities within institutions, schools, colleges, universities and other agencies may be recognized and approved for the practice of dentistry or of dental hygiene by unlicensed persons therein, as a precondition to their being excepted from the dental practice act and authorized in accordance with Section 73-9-3(g) and (h).

          (d)  To provide for the enforcement of and to enforce the laws of the State of Mississippi and the rules and regulations of the State Board of Dental Examiners.

          (e)  To compile at least once each calendar year and to maintain an adequate list of prospective dentist and dental hygienist appointees for approval by the Governor as provided for elsewhere by law.

          (f)  To issue licenses and permits to applicants when found to be qualified.

          (g)  To provide for reregistration of all licenses and permits duly issued by the board.

          (h)  To maintain an up-to-date list of all licensees and permit holders in the state, together with their addresses.

          (i)  To examine applicants for the practice of dentistry or dental hygiene at least annually.

          (j)  To issue licenses or duplicates and reregistration/renewal certificates, and to collect and account for fees for same.

          (k)  To maintain an office adequately staffed insofar as funds are available for the purposes of carrying out the powers and duties of the board.

          (l)  To provide by appropriate rules and regulations, within the provisions of the state laws, for revoking or suspending licenses and permits and a system of fines for lesser penalties.

          (m)  To prosecute, investigate or initiate prosecution for violations of the laws of the state pertaining to practice of dentistry or dental hygiene, or matters affecting the rights and duties, or related thereto.

          (n)  To provide by rules for the conduct of as much board business as practicable by mail, which, when so done, shall be and have the same force and effect as if done in a regular meeting duly organized.

          (o)  To adopt rules and regulations providing for the reasonable regulation of advertising by dentists and dental hygienists.

          (p)  To employ, in its discretion, a duly licensed attorney to represent the board in individual cases.

          (q)  To employ, in its discretion, technical and professional personnel to conduct dental office sedation site visits, administer and monitor state board examinations and carry out the powers and duties of the board.

(r)  To adopt reasonable rules and regulations providing for dentist practice records retention under the following minimum standards:

(i)  Dental records shall be retained by a dentist in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a dentist.

(ii)  Graphic matter, images, X-ray films, and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved and properly stored by a dentist in the original microfilmed or similarly reproduced form for a minimum period of three (3) years from the date a patient is last treated by the dentist.  Such graphic matter, images, X-ray film, and like matter shall be retained for a longer period when requested in writing by the patient.

(iii)  Dental records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.

     SECTION 3.  Section 73-43-11, Mississippi Code of 1972, is amended as follows:

     73-43-11.  The State Board of Medical Licensure shall have the following powers and responsibilities:

          (a)  Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists and physician assistants practicing with physician supervision;

          (b)  Considering applications for licensure;

          (c)  Conducting examinations for licensure;

          (d)  Investigating alleged violations of the medical practice act;

          (e)  Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses;

          (f)  Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;

          (g)  To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;

          (h)  To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;

          (i)  Perform the duties prescribed by Sections 73-26-1 through 73-26-5; * * * and

          (j)  Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101 * * *.; and

(k)  To adopt reasonable rules and regulations providing for physician practice records retention under the following minimum standards:

(i)  Medical records shall be retained by a physician in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a physician.

(ii)  Graphic matter, images, X-ray films, and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved and properly stored by a physician in the original, microfilmed or similarly reproduced form for a minimum period of three (3) years from the date a patient is last treated by the physician.  Such graphic matter, images, X-ray film, and like matter shall be retained for a longer period when requested in writing by the patient.

(iii)  Medical records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.

     SECTION 4.  This act shall take effect and be in force from and after its passage.

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