MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representatives Moody, Barnett (92nd)

AN ACT TO AMEND SECTIONS 73-25-14 AND 73-27-12, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY PHYSICIAN, OSTEOPATH OR PODIATRIST PRACTICING IN THE STATE WHOSE LICENSE HAS LAPSED AND WHO IS DEEMED TO BE AN ILLEGAL PRACTITIONER TO PETITION THE STATE BOARD OF MEDICAL LICENSURE FOR REINSTATEMENT OF HIS LICENSE ON A RETROACTIVE BASIS, IF THE PRACTITIONER WAS UNABLE TO MEET THE LICENSE RENEWAL DEADLINE DUE TO EXTRAORDINARY OR OTHER LEGITIMATE REASONS; TO PROVIDE THAT RETROACTIVE REINSTATEMENT OF LICENSURE SHALL BE GRANTED OR MAY BE DENIED FOR GOOD CAUSE; TO PROVIDE THAT ANY SUCH PRACTITIONER WHO IS NOT PRACTICING IN THE STATE WHOSE LICENSE HAS LAPSED MAY BE REINSTATED BY THE BOARD UPON PAYMENT OF THE ARREARAGES FOR THE PREVIOUS FIVE YEARS, RATHER THAN ALL ARREARAGES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-25-14, Mississippi Code of 1972, is amended as follows:

73-25-14. (1) The license of every person licensed to practice medicine or osteopathy in the State of Mississippi shall be renewed annually.

On or before May 1 of each year, the State Board of Medical Licensure shall mail an application for renewal of license to every physician or osteopath to whom a license was issued or renewed during the current licensing year. The applicant shall complete the application and return it to the board before June 30 with the renewal fee of an amount established by the board, but not to exceed Two Hundred Dollars ($200.00), a portion of which fee shall be used to support a program to aid impaired physicians and osteopaths. The payment of the annual license renewal fee shall be optional with all physicians over the age of seventy (70) years. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate or renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. That renewal shall render the holder thereof a legal practitioner as stated on the renewal form.

(2) Any physician or osteopath practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board * * * on satisfactory explanation for the failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.

(3) Any physician or osteopath not practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form and upon payment of the arrearages for the previous five (5) years and the renewal fee for the current year.

(4) Any physician or osteopath who allows his license to lapse shall be notified by the board * * * within thirty (30) days of such lapse.

(5) Any person practicing as a licensed physician or osteopath during the time his license has lapsed shall be considered an illegal practitioner and shall be subject to penalties provided for violation of the Medical Practice Act, provided he had not submitted the required reinstatement form and fee within fifteen (15) days after notification by the board * * * of the lapse.

(6) Any physician or osteopath practicing in the State of Mississippi whose license has lapsed and is deemed an illegal practitioner under subsection (5) of this section may petition the board for reinstatement of his license on a retroactive basis, if the physician or osteopath was unable to meet the June 30 deadline due to extraordinary or other legitimate reasons, and retroactive reinstatement of licensure shall be granted or may be denied by the board only for good cause. Failure to advise the board of change of address shall not be considered a basis of reinstatement.

(7) None of the fees or fines provided for in this section shall be applicable to the renewal of a special volunteer medical license authorized under Section 73-25-18.

(8) Fees collected under the provisions of this section shall be used by the board to defray expenses of administering the licensure provisions of the Medical Practice Act (Title 73, Chapter 25, Mississippi Code of 1972) and to support a program to aid impaired physicians and osteopaths in an amount determined by the board.

SECTION 2. Section 73-27-12, Mississippi Code of 1972, is amended as follows:

73-27-12. (1) The license of every person licensed to practice podiatry in the State of Mississippi shall be renewed annually.

On or before May 1 of each year, the * * * board * * * shall mail an application for renewal of license to every podiatrist to whom a license was issued or renewed during the current licensing year. The applicant shall complete the application and return it to the board before June 30 with the renewal fee of an amount established by the board, but not to exceed Two Hundred Dollars ($200.00), a portion of which fee shall be used to support a program to aid impaired podiatrists. Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to applicant a certificate of renewal for the ensuing year, beginning July 1 and expiring June 30 of the succeeding calendar year. That renewal shall render the holder thereof a legal practitioner as stated on the renewal form.

(2) Any podiatrist practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form, and upon payment of the renewal fee for the current year, and shall be assessed a fine of Twenty-five Dollars ($25.00) plus an additional fine of Five Dollars ($5.00) for each month thereafter that the license renewal remains delinquent.

(3) Any podiatrist not practicing in Mississippi who allows his license to lapse by failing to renew the license as provided in subsection (1) may be reinstated by the board on satisfactory explanation for the failure to renew, by completion of a reinstatement form and upon payment of the arrearages for the previous five (5) years and the renewal fee for the current year.

(4) Any podiatrist who allows his license to lapse shall be notified by the board * * * within thirty (30) days of such lapse.

(5) Any person practicing as a licensed podiatrist during the time his license has lapsed shall be considered an illegal practitioner and shall be subject to penalties set forth in Section 73-27-17, provided he has not submitted the required reinstatement form and fee within fifteen (15) days after notification by the board of the lapse.

(6) Any podiatrist practicing in the State of Mississippi whose license has lapsed and is deemed an illegal practitioner under subsection (5) of this section may petition the board for reinstatement of his license on a retroactive basis, if the podiatrist was unable to meet the June 30 deadline due to extraordinary or other legitimate reasons, and retroactive reinstatement of licensure shall be granted or may be denied by the board only for good cause. Failure to advise the board of change of address shall not be considered a basis for reinstatement.

(7) Fees collected under the provisions of this section shall be used by the board to defray expenses of administering the licensure provisions of Title 73, Chapter 27, Mississippi Code of 1972, and to support a program to aid impaired podiatrists in an amount determined by the board.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.