Senate Bill 2279

AN ACT TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, TO ALLOW A PHYSICIAN OR A DENTIST TO APPLY FOR A REINSTATEMENT OF HIS OR HER LICENSE AFTER CONVICTION OF CERTAIN CRIMES; TO PROVIDE THE CONDITIONS THAT MUST TO SATISFIED FOR AN APPLICANT TO BE ELIGIBLE FOR LICENSE REINSTATEMENT; TO CREATE SECTION 99-19-36, TO OUTLINE THE LICENSE REINSTATMENT PROCESS FOR PHYSICIANS AND DENTISTS CONVICTED OF CERTAIN CRIMES AS OUTLINED IN SECTION 99-19-35; TO PROVIDE THAT THE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE, OR THE MISSISSIPPI STATE BOARD OF DENTAL EXAMINERS, RESPECTFULLY, SHALL BE TASKED WITH REVIEWING APPLICATIONS FOR LICENSE REINSTATEMENT; TO PROVIDE GROUNDS FOR DENIAL OF A LICENSE REINSTATEMENT REQUEST; TO PROVIDE THAT THE REVIEWING BOARDS SHALL USE THEIR OWN DISCRETION TO CREATE AND ADOPT RULES AND REGULATIONS NECESSARY TO IMPLEMENT, ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-19-35, Mississippi Code of 1972, is amended as follows:

99-19-35. (1) A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, unless * * * ~~after full pardon for the same~~ the terms of his or her sentence are completed, and the individual has had his or her license reinstated by the Mississippi State Board of Medical Licensure, or the Mississippi State Board of Dental Examiners, respectively, following the processes outlined in Section 99-19-36.

(2) For the purpose of this act, the term "sentence" means, and is limited, to the term of incarceration plus complete satisfaction of any term of probation, parole and/or complete payment of restitution, fines or fees for a disqualifying conviction as provided in subsection (1) of this section.

SECTION 2. The following shall be codified as Section 99-19-36, Mississippi Code of 1972:

99-19-36. (1) To apply for a Mississippi medical or dental license reinstatement, a medical or dental professional who had his or her license revoked due to being found guilty of crimes outlined in Section 99-19-35, may apply to the Mississippi State Board of Medical Licensure, or the Mississippi State Board of Dental Examiners, respectively, for consideration of a license reinstatement. After the respective licensing board reviews the application for reinstatement, the board may, in its discretion, grant the license reinstatement request, or issue a denial of licensure reinstatement.

(2) The reviewing licensing board shall issue a denial, unless, the board determines that:

(a) At least five (5) years have passed from the date of expiration of probation, parole or conviction, the date of release from incarceration, whichever is later;

(b) The applicant has paid all restitution, fees and fines associated with the violation; and

(c) The applicant has not been accused and found guilty of any of the crimes outlined in Section 99-19-35 since the original conviction which caused him or her to lose his or her medical or dental license.

If the reviewing board finds that the applicant has satisfied the requirements of paragraphs (a) and (c) of this subsection, and that the applicant has been effectively rehabilitated, then the board may, in its discretion, grant a reissuance of the requested license. If the applicant possesses a background that could call into question public trust, the board shall make a determination as to whether or not the applicant has been properly rehabilitated using the considerations outlined in this subsection (2), and other relevant factors that the reviewing board deems necessary to make a fair ruling.

(3) An applicant who appears before the board requesting licensure and who is denied, will not be eligible for reconsideration until six (6) months from the date the denial was issued by the board.

(4) To assist the board in conducting its licensure investigation, from and after July 1, 2026, all applicants for a Mississippi medical license or a Mississippi dental license, or the reinstatement of a Mississippi medical license or a Mississippi dental license, shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (herein after referred to as the department) and the Federal Bureau of Investigation Identification Division for this purpose.

(5) If an applicant has been convicted of or pled guilty to or nolo contendere to any of the crimes outlined in Section 99-19-35 or had any disciplinary sanctions imposed on him or her by any local, state or federal occupational licensing body, the applicant shall:

(a) Complete and submit a form prescribed by the board containing information relevant to the conviction, plea or disciplinary sanction;

(b) Submit certified copies of the court's disposition or other documents acceptable to the board for each conviction, plea of guilty or nolo contendere or a copy of the order or other document which shows the disciplinary action taken by the local, state or federal agency and the factual and legal basis for the action, whichever is applicable;

(c) Exercise due diligence to provide any missing and/or necessary information that the board may need or request in order to have a clear understanding of the charges against the applicant and the court's disposition of the case against the applicant; and

(d) Appear before the board for a hearing to determine if the conviction, plea or disciplinary sanction constitutes grounds for denial of a reissuance of his or her license, and if so, whether or not the applicant may move forward with the reinstatement licensing process.

(6) Any and all state or national criminal history records information obtained by the licensing review board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the licensing review board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine reinstatement of an applicant's previously held license, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

(7) The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

(8) The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.

(9) The reviewing medical or dental licensing board shall not reinstate an applicant's license if:

(a) The applicant has had his or her medical or dental license revoked in any governmental jurisdiction within the five-year period immediately preceding the date of the application; or

(b) The applicant has been convicted of, or pled guilty to or nolo contendere to, a disqualifying crime as outlined in Section 99-19-35 during the five-year period immediately preceding the date of the application for the reinstatement of his or her medical or dental licensing.

(10) The reviewing licensing board shall adopt rules and regulations necessary to implement, administer and enforce the provisions of this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.