MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Welfare; Judiciary, Division A
By: Senator(s) Burton
AN ACT TO AMEND SECTION 97-23-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY HEALTH CARE PRACTITIONER WHO PRACTICES WITHOUT A LICENSE SHALL BE SUBJECT TO CRIMINAL PENALTIES AND TO PRESCRIBE THE PENALTIES FOR PRACTICING CERTAIN PROFESSIONS WITHOUT A LICENSE; TO AMEND SECTION 41-121-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PENALTY PROVISIONS OF THE "PATIENT'S RIGHT TO INFORMED HEALTH CARE CHOICES ACT" ARE IN ADDITION TO SUCH CRIMINAL PENALTY PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-23-43, Mississippi Code of 1972, is amended as follows:
97-23-43. If any person
shall practice as an attorney and counselor-at-law, or shall practice as a * * * "health care
practitioner" as defined in "The Patient's Right to Informed Health
Care Choices Act," Section 41-121-5(c), without having first been
examined and obtained a license as required by law, he shall, on conviction, of
the first offense, be punished by a fine of not less than * * * One Thousand Dollars ($1,000.00) or by
imprisonment in the county jail not less than three (3) months or more
than twelve (12) months or both; and such person, upon conviction of the
second offense against this section, shall be punished by a fine of not less
than * * * Ten Thousand Dollars ($10,000.00) or by
imprisonment in the Penitentiary not less than one (1) year or more than
two (2) years; and such person, upon conviction of any succeeding
offense, shall be punished in the discretion of the court. * * * Each day that this section is
violated shall constitute a separate offense and shall be punishable as such.
SECTION 2. Section 41-121-9, Mississippi Code of 1972, is amended as follows:
41-121-9. (1) Failure to comply with any provision under this section shall constitute a violation under this chapter, punishable upon conviction by the criminal penalties prescribed under Section 97-23-43, Mississippi Code of 1972, in addition to the administrative penalties provided under this section.
(2) Knowingly aiding, assisting, procuring, employing or advising any unlicensed person or entity to practice or engage in acts contrary to the health care practitioner's degree of licensure shall constitute a violation under this chapter, punishable upon conviction by the criminal penalties prescribed under Section 97-23-43, Mississippi Code of 1972, in addition to the administrative penalties provided under this section.
(3) Delegating or contracting for the performance of health care services by a health care practitioner when the licensee delegating or contracting for performance knows, or has reason to know, the person does not have the required authority under the person's licensure, shall constitute a violation under this chapter, punishable upon conviction by the criminal penalties prescribed under Section 97-23-43, Mississippi Code of 1972, in addition to the administrative penalties provided under this section.
(4) Violations of this chapter relating to practitioners of pharmacy shall be regulated in accordance with the restrictions on the use of business name for pharmacists in Section 73-21-109.
(5) Each day that this chapter is violated shall constitute a separate offense and shall be punishable as such.
(6) Any health care practitioner who violates any provision under this chapter is guilty of unprofessional conduct and subject to disciplinary action under the appropriate licensure provisions governing the respective health care practitioner.
(7) Any and all fees and other amounts billed to and paid by the patient may be effectively rescinded and refunded. This includes third parties contracted to collect fees on behalf of the health care practitioner, the health care practitioner's employer, or other entity contracting with the health care practitioner as determined by each respective licensing board.
(8) The imposition of professional sanctions, administrative fees or other disciplinary actions shall be publicly reported by the governmental administrative body of proper jurisdiction at its discretion.
(9) Notwithstanding the imposition of any penalty, a professional licensing board or other administrative agency with jurisdiction may seek an injunction or other legal means as appropriate against a person or entity violating this chapter as determined by each respective licensing board.
(10) A licensing board may only enforce violations of this chapter with licensees that are subject to its jurisdiction.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.