MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Human Services
By: Representative Currie
AN ACT TO AMEND SECTIONS 73-15-9, 73-15-11 AND 73-15-15, MISSISSIPPI CODE OF 1972, TO REDUCE THE MEMBERSHIP OF THE MISSISSIPPI BOARD OF NURSING BY REMOVING THE PHYSICIAN MEMBER AND THE CONSUMER MEMBER OF THE BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-15-9, Mississippi Code of 1972, is amended as follows:
73-15-9. (1) There is * * * created a board to be known as the
Mississippi Board of Nursing, composed of * * * eleven (11) members, two
(2) of whom shall be nurse educators; three (3) of whom shall be registered
nurses in clinical practice, two (2) to have as basic nursing preparation an
associate degree or diploma and one (1) to have as basic nursing preparation a
baccalaureate degree; one (1) of whom shall be a registered nurse at large; one
(1) of whom shall be a registered nurse practitioner; and four (4) of
whom shall be licensed practical nurses * * *. There shall be at
least one (1) board member from each congressional district in the state * * *.
(2) Members of the
Mississippi Board of Nursing * * * shall be appointed by the Governor, with the advice and
consent of the Senate, from lists of nominees submitted by any Mississippi
registered nurse organization and/or association chartered by the State of
Mississippi whose board of directors is elected by the membership and whose
membership includes registered nurses statewide, for the nomination of
registered nurses, and by the Mississippi Federation of Licensed Practical
Nurses and the Mississippi Licensed Practical Nurses' Association for the
nomination of a licensed practical nurse. Nominations submitted by any such
registered nurse organization or association to fill vacancies on the board
shall be made and voted on by registered nurses only. Each list of nominees
shall contain a minimum of three (3) names for each vacancy to be filled. The
list of names shall be submitted at least thirty (30) days before the
expiration of the term for each position. If such list is not submitted, the
Governor is authorized to make an appointment from the group affected and
without nominations. Appointments made to fill vacancies for unexpired terms
shall be for the duration of such terms and until a successor is duly
appointed.
(3) Members of the board
shall be appointed in staggered terms for four (4) years or until a successor shall
be duly qualified. No member may serve more than two (2) consecutive full
terms. * * *
(4) Vacancies occurring by reason of resignation, death or otherwise shall be filled by appointment of the Governor upon nominations from a list of nominees from the affected group to be submitted within not more than thirty (30) days after such a vacancy occurs. In the absence of such list, the Governor is authorized to fill such vacancy in accordance with the provisions for making full-term appointments. All vacancy appointments shall be for the unexpired terms.
(5) Any member may be removed from the board by the Governor after a hearing by the board and provided such removal is recommended by the executive committee of the affected group.
SECTION 2. Section 73-15-11, Mississippi Code of 1972, is amended as follows:
73-15-11. (1) The members
of the Mississippi Board of Nursing shall meet annually and organize for the
ensuing year by election of one (1) of its members as president, one (1) as
secretary, and one (1) as treasurer. * * *
(2) The board shall meet at
least once every four (4) months for the purpose of transacting such business
as may come before the board. Any member who * * * does not attend two (2)
consecutive meetings of the board 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.
(3) Special meetings of the
board may be held on call of the president or upon call of any * * * six (6) members. A written
notice of time, place and purpose of any special meeting shall be mailed by the
executive director to all members of the board not less than ten (10) days
before the meeting is held.
(4) On all matters the
board shall function as a board of * * * eleven (11) members, and * * * six (6) members, including at
least three (3) registered nurses and two (2) practical nurses, shall
constitute a quorum. In any case, the affirmative vote of a majority of the
members present and participating shall be necessary to take action. In all
cases pertaining to practical nursing, such majority must include the
affirmative vote of at least one (1) of the practical nurse members of the
board.
(5) The board shall hold not less than two (2) examinations each year for registered nurses and not less than two (2) each year for licensed practical nurses, at such times and places as the board may determine.
(6) Each member of the board shall receive a per diem compensation as provided in Section 25-3-69 for attendance at board meetings, together with necessary travel and other expenses incurred in the discharge of his or her duties as a board member.
SECTION 3. Section 73-15-15, Mississippi Code of 1972, is amended as follows:
73-15-15. (1) Each board member shall be a citizen of the United States, a resident of the State of Mississippi, and shall before entering upon duties of said office take the oath prescribed by Section 268 of the Constitution of the State of Mississippi and file same with the office of the secretary of state who shall thereupon issue such person so appointed a certificate of appointment.
(2) Each registered nurse board member shall possess these additional qualifications:
(a) Education - graduation from an approved educational program for the preparation of registered nurses;
(b) Experience - have at least five (5) years of nursing experience since graduation;
(c) Employment - have been employed for at least the past three (3) years as a registered nurse in Mississippi;
(d) Licensure - be currently registered to practice as a registered nurse in the State of Mississippi.
(3) Each licensed practical nurse board member shall possess these additional qualifications:
(a) Education - graduation from an approved educational program for the preparation of licensed practical nurses;
(b) Experience - have at least five (5) years of nursing experience since graduation;
(c) Employment - have been employed for at least the past three (3) years as a licensed practical nurse in Mississippi;
(d) Licensure - be currently registered to practice as a licensed practical nurse in the State of Mississippi.
* * *
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.