Senate Bill 2356

AN ACT TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE MEMBERSHIP OF THE STATE BOARD OF MEDICAL LICENSURE ON A PHASED-IN BASIS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-43-3, Mississippi Code of 1972, is amended as follows:

73-43-3. (1) Until July 1, 2016, the State Board of Medical Licensure shall consist of nine (9) physicians. Each of the physicians shall have graduated from a medical school which has been accredited by the liaison committee on medical education as sponsored by the American Medical Association and the Association of American Medical Colleges or from an osteopathic medical school which has been accredited by the Bureau of Professional Education of the American Osteopathic Association, and have at least six (6) years' experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court District.

(2) Until July 1, 2016, three (3) physicians shall be nominated to the Governor for each appointive position by the Mississippi State Medical Association; and said nominations shall give due regard to geographic distribution, race and sex. The Governor shall appoint from said nominations the members of the board with the advice and consent of the Senate. The original appointments of the board shall be made no later than June 30, 1980, for terms to begin on July 1, 1980. The Governor shall designate the initial terms of the members as follows: three (3) members shall be appointed for a term which expires July 1, 1982, three (3) members shall be appointed for a term which expires July 1, 1984, and three (3) members shall be appointed for a term which expires July 1, 1986. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term.

(3) The members serving on the board on July 1, 2016, shall continue serving until the end of their respective terms of office and subsequent appointments to the board shall be made as follows:

(a) The three (3) members whose term expires on July 1, 2016, shall be replaced by:

(i) One (1) physician appointed in the same manner and with the same qualifications as provided in subsections (1) and (2) of this section;

(ii) A certified nurse practitioner with at least thirty-five hundred (3500) hours of clinical practice appointed by the Mississippi Board of Nursing; and

(iii) A consumer representative member appointed by the AARP.

(b) The three (3) members whose term expires on July 1, 2018, shall be replaced by:

(i) One (1) physician appointed in the same manner and with the same qualifications as provided in subsections (1) and (2) of this section;

(ii) A nurse with at least thirty-five hundred (3500) hours of clinical practice appointed by the Mississippi Board of Nursing; and

(iii) A consumer representative member appointed by the AARP.

(i) One (1) physician appointed in the same manner and with the same qualifications as provided in subsections (1) and (2) of this section;

(ii) A licensed physical therapist with at least thirty-five hundred (3500) hours of clinical practice appointed by the Mississippi Board of Physical Therapy; and

(iii) A consumer representative member appointed by the AARP.

All appointments after July 1, 2016, shall be for six-year terms and shall be subject to the advice and consent of the Senate. Any person appointed to the board for a term beginning after July 1, 2016, shall be limited to two (2) full terms of office during any eighteen-year period, including any member serving on July 1, 2016. Applicable to any appointment made after July 1, 2016, no more than four (4) members of the board shall be from the same Mississippi Supreme Court District, and said appointments shall give due regard to geographic distribution, race and sex.

(4) After July 1, 2016, vacancies in office shall be filled by appointment of the * * *~~Governor~~ appropriate appointing authority in the same manner as the appointment to the position which becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature. The Governor may remove any or all members of the board on proof of unprofessional conduct, continued absence from the state, or for failure to perform the duties of his office. Any member who shall not attend two (2) consecutive meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings. No removal shall be made without first giving the accused an opportunity to be heard in refutation of the charges made against him, and he shall be entitled to receive a copy of the charges at the time of filing.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.