MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Human Services

By: Representative Huddleston

House Bill 1028

AN ACT RELATING TO THE PRACTICE OF MEDICINE; TO AMEND SECTION 73-25-1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MEDICAL PRACTICE ACT; TO AMEND SECTIONS 73-25-3 AND 73-25-5, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO PRACTICE MEDICINE; TO AMEND SECTION 73-25-14, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE RENEWAL; TO CLARIFY LICENSE RENEWAL FEE REQUIREMENTS FOR PHYSICIANS OVER THE AGE OF 70; TO PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST INACTIVE STATUS; TO PRESCRIBE FINES AND PROCEDURES FOR RENEWAL OF A LAPSED LICENSE; TO AMEND SECTION 73-25-17, MISSISSIPPI CODE OF 1972, TO CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY LICENSE TO PRACTICE MEDICINE; TO AMEND SECTION 73-25-18, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING A SPECIAL VOLUNTEER MEDICAL LICENSE; TO AMEND SECTIONS 73-25-19, 73-25-21 AND 73-25-23, MISSISSIPPI CODE OF 1972, TO CLARIFY PROCEDURES FOR NONRESIDENT PHYSICIANS AND ISSUANCE OF A LICENSE BY RECIPROCITY; TO AMEND SECTIONS 73-25-27, 73-25-28, 73-25-29, 73-25-30 AND 73-25-32, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROCEDURES FOR DISCIPLINARY ACTION AGAINST LICENSES, THE ISSUANCE OF SUBPOENAS BY THE BOARD OF MEDICAL LICENSURE, THE GROUNDS FOR DISCIPLINARY ACTION, THE OPTIONS AVAILABLE TO THE BOARD FOLLOWING DISCIPLINARY HEARINGS AGAINST LICENSEES, AND PETITIONS FOR REINSTATEMENT OF LICENSES; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE PRACTICE OF MEDICINE AND CLARIFY THE ACTION OF UNLAWFUL PRACTICE OF MEDICINE AND THE AUTHORITY OF THE BOARD TO SEEK INJUNCTIVE RELIEF AND IMPOSE PENALTIES; TO AMEND SECTIONS 73-25-51, 73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63 AND 73-25-65, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW TO APPLY TO ALL PROFESSIONAL LICENSEES UNDER THE BOARD; TO AMEND SECTION 73-25-87, MISSISSIPPI CODE OF 1972, TO REVISE DISCIPLINARY ACTIONS WHICH THE BOARD IS AUTHORIZED TO TAKE; TO REPEAL SECTION 73-25-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES WHEN AND WHERE LICENSURE EXAMINATIONS ARE CONDUCTED, SECTION 73-25-9, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES SPECIFIC FEES FOR LICENSURE EXAMINATION, SECTION 73-25-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR LOST LICENSES, SECTION 73-25-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE ISSUANCE OF A LICENSE FOR A PERSON DESIRING TO PRACTICE OSTEOPATHIC MEDICINE IN THIS STATE, SECTION 73-25-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ACQUISITION OF BOOKS AND STATIONERY BY THE BOARD, AND SECTION 73-25-81, MISSISSIPPI CODE OF 1972, WHICH DEFINES THE MEMBERSHIP OF THE BOARD RESPONSIBLE FOR LICENSURE AND DISCIPLINE OF PHYSICIANS IN THIS STATE; AND FOR RELATED PURPOSES.

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

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

     73-25-1.  (1)  For the purposes of this chapter, the following terms shall have the following meanings:

(a)  "Practice of medicine" means the practice of allopathic and osteopathic medicine.

(b)  "Physician" means a medical doctor or a doctor of osteopathic medicine.

(c)  "Board" means the Mississippi State Board of Medical Licensure.

(2)  Every person who desires to practice medicine must first obtain a license to do so from the Mississippi State Board of Medical Licensure * * *, but this section shall not apply to physicians now holding permanent license, the same having been recorded as required by law.

     SECTION 2.  Section 73-25-3, Mississippi Code of 1972, is amended as follows:

     73-25-3.  Every person who desires to obtain a license to practice medicine must apply * * * therefor, in writing, to the Mississippi State Board of Medical Licensure * * * at least ten (10) days before the date of the examination and must be examined by the board according to the methods deemed by it to be the most practical and expeditious to test the applicants' qualifications.  If the applicant is found * * * by the board, upon examination, to possess sufficient * * * learning in those branches and to be of good moral character qualifications, the board shall issue * * * him the applicant a license to practice medicine; however, no applicant shall be granted a license unless the applicant holds a diploma from a reputable medical college or college of osteopathic medicine * * * that requires a four‑year course of at least thirty‑two (32) weeks for each session, or its equivalent listed in the World Directory of Medical Schools or its successor, or by an equivalent board-approved directory or entity.

     To qualify for a Mississippi medical license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of * * * a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Sections 73-25-29 and 73-25-83.  To assist the board in conducting its licensure investigation, all applicants 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 * * * (department) and the Federal Bureau of Investigation Identification Division for this purpose.

     Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the 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 licensure, 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.

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

     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.

     This section shall not apply to applicants for a special volunteer medical license authorized under Section 73-25-18.

     SECTION 3.  Section 73-25-5, Mississippi Code of 1972, is amended as follows:

     73-25-5.  The application for license must include such information as the * * *State board * * *of Medical Licensure shall requires.

     Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 * * *,Mississippi Code of 1972.

     SECTION 4.  Section 73-25-14, Mississippi Code of 1972, is amended as follows:

     73-25-14.  * * * (1)  Except as provided in Section 33-1-39, 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 or electronically transmit a notice of renewal of license to every physician * * * or osteopath to whom a license was issued or renewed during the current licensing year.  The notice shall provide instructions for obtaining and submitting applications for renewal.  The * * *State board * * *of Medical Licensure is authorized to make applications for renewal available via electronic means.  The applicant shall obtain and complete the application and submit it to the board in the manner prescribed by the board in the notice before June 30 with the renewal fee of an amount established by the board, * * *but not to exceed Three Hundred Dollars ($300.00), along with any penalty fees or other requirements established by the board, and a portion of * * * which the fees 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. licensees.  Upon receipt of the application and any fees, 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.

Any physician practicing in the State of Mississippi whose license has lapsed may petition the board for reinstatement of his or her license on a retroactive basis, if the physician 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 good cause for reinstatement.

A physician who wishes to retain his or her license but not actively practice medicine may request "inactive status" for his or her license by submitting the proper paperwork as prescribed by the board with the renewal fee.  A physician holding an "inactive status" medical license is exempt from license renewal and from continuing medical education requirements.  A licensed

inactive—status physician shall not practice medicine unless the licensee applies for and is granted reinstatement and pays the reinstatement fee as determined by the board.

 * * * (2)  Any physician * * * or osteopath practicing in Mississippi who allows his or her 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) One Hundred Dollars ($100.00) plus an additional fine of * * * Five Dollars ($5.00) Twenty‑five Dollars ($25.00) for each month thereafter that the license renewal remains delinquent.  A physician who has allowed his or her license to lapse for more than six (6) months must apply for and be granted reinstatement and pay the reinstatement fee as determined by the board.

 * * * (3)  Any physician or osteopath not practicing in Mississippi who allows his or her 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.

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

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

( * * *65)  Any physician * * * or osteopath practicing in the State of Mississippi whose license has lapsed and is deemed an illegal practitioner under subsection ( * * *54) of this section may petition the board for reinstatement of his or her 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 good cause for reinstatement.

( * * *76)  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.

( * * *87)  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 licensees in an amount determined by the board.

( * * *98)  In order for a physician * * * or osteopath whose medical license has been expired for five (5) years or more to qualify for reinstatement of license, the physician * * * or osteopath must have successfully been cleared for reinstatement through an investigation that shall consist of * * * a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Sections 73‑25‑29 and 73‑25‑83.  To assist the board in conducting its licensure investigation, all applicants 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 * * * (department) and the Federal Bureau of Investigation Identification Division for this purpose.

Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the 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 licensure, 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.

The board shall * * * provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and require 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.

The board shall charge and collect from the applicant, in addition to all other applicable fees, fines 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.

     SECTION 5.  Section 73-25-17, Mississippi Code of 1972, is amended as follows:

     73-25-17.  (1) * * *  Except as otherwise provided in subsections (2) through (5) below,  The executive * * * Officer director of the * * * State board * * * of Medical Licensure may issue * * * under his signature a temporary license to practice medicine * * * which shall be valid until the next succeeding meeting of the board for examining applicants; and such license shall show the date of its issuance, otherwise it shall be void in compliance with the rules and regulations of the board. * * *  Only one (1) temporary license shall ever be issued to the same person pursuant to this subsection, and it shall always be made to an individual and not to a partnership; provided, however, that  The temporary license of a person enrolled in any * * *American Medical Association accreditation Council for Graduate Medical Education (ACGME)-approved internship, residency or fellowship program within the state * * *, other than the fellowship program set forth in subsection (3) below, may be renewed annually for the duration of the internship, residency or fellowship program for a period not to exceed * * * five (5) seven (7) years, except when in combination with a Ph.D. program.

     (2)  The * * * State board * * * of Medical Licensure may issue a temporary license to practice medicine at a youth camp licensed by the State Board of Health to nonresident physicians and retired resident physicians under the provisions of Section 75-74-8.

 * * * (3)  The State Board of Medical Licensure may issue a temporary license to practice medicine to physicians who have been admitted for treatment in a drug and/or alcohol treatment program approved by the board, or who are enrolled in the fellowship of addictionology in the Mississippi State Medical Association Impaired Professionals Program; provided that, if the applicant is a nonresident of the state said applicant shall hold a valid license to practice medicine in another state and the medical licensing authority of that state shall certify to the Board of Medical Licensure in writing that such license is in good standing.  A temporary license issued under this subsection shall be valid for a period of ninety (90) days but may be renewed every ninety (90) days for the duration of the fellowship or treatment program, provided that if the applicant discontinues treatment or leaves the fellowship program the temporary license shall automatically become null and void.  The board may rescind or extend this temporary license for cause.

A temporary license issued to a physician under this subsection shall be limited to only the out‑patient phase of the treatment program or that period of time necessary to complete the fellowship of addictionology and shall authorize that physician to whom the license is issued to administer treatment and care within the scope of the drug and/or alcohol treatment program or fellowship in an institutional setting and shall not authorize the physician to otherwise practice in this state.  A physician licensed under this subsection shall not apply to the U.S. Drug Enforcement Administration for a controlled substances registration certificate and must be under the supervision of another physician holding a valid and permanent license in this state.

(4)  A physician who has had his permanent license to practice in this state revoked or suspended by the board due to habitual personal use of intoxicating liquors or narcotic drugs, or any other drug having addiction‑forming or addiction‑sustaining liability, may be granted a temporary license pursuant to subsection (3) above, provided the issuance of such a temporary license is not in conflict with the prior disciplinary order of the board rendered against the physician.

(5)  The applicant applying for a ninety‑day temporary license to practice while in treatment in an approved drug and/or alcohol treatment program or while enrolled in the fellowship of addictionology shall pay a fee not to exceed Fifty Dollars ($50.00) to the board.  No additional fee shall be charged for an extension.

SECTION 6.  Section 73-25-18, Mississippi Code of 1972, is amended as follows:

     73-25-18.  (1)  (a)  There is established a special volunteer medical license for physicians who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physicians for the Department of Veterans Affairs, and wish to donate their expertise for the medical care and treatment of indigent and needy persons or persons in medically underserved areas of the state.  The special volunteer medical license shall be issued by the State Board of Medical Licensure to eligible physicians without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.

          (b)  A physician must meet the following requirements to be eligible for a special volunteer medical license:

              (i)  Completion of a special volunteer medical license application, including documentation of the physician's medical school or osteopathic school graduation and practice history;

              (ii)  Documentation that the physician * * *has been previously issued otherwise qualifies for an unrestricted license to practice medicine in Mississippi or in another state of the United States and that he or she has never been the subject of any medical disciplinary action in any jurisdiction;

              (iii)  Acknowledgement and documentation that the physician's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in Mississippi or persons in medically underserved areas in Mississippi; and

              (iv)  Acknowledgement and documentation that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer medical license.

     (2)  (a)  There is established a special volunteer license for physician assistants who are retired from active practice, or are currently serving on active duty in the Armed Forces of the United States or in the National Guard or a reserve component of the Armed Forces of the United States, or are working as physician assistants for the Department of Veterans Affairs, and wish to donate their expertise for the care and treatment of indigent and needy persons or persons in medically underserved areas of the state.  The special volunteer physician assistant license shall be issued by the State Board of Medical Licensure to eligible physician assistants without the payment of any application fee, examination fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually upon approval of the board.

          (b)  A physician assistant must meet the following requirements to be eligible for a special volunteer physician assistant license:

              (i)  Completion of an application for a special volunteer physician assistant license, including documentation of the physician assistant's educational qualifications and practice history;

              (ii)  Documentation that the physician assistant * * *has been previously issued otherwise qualifies for an unrestricted physician assistant license in Mississippi or in another state of the United States and that he or she has never been the subject of any disciplinary action in any jurisdiction;

              (iii)  Acknowledgement and documentation that the physician assistant's practice under the special volunteer physician assistant license will be exclusively and totally devoted to providing care to needy and indigent persons in Mississippi or persons in medically underserved areas in Mississippi; and

               (iv)  Acknowledgement and documentation that the physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any services rendered under the special volunteer physician assistant license.

SECTION 7.  Section 73-25-19, Mississippi Code of 1972, is amended as follows:

     73-25-19.  Nonresident physicians not holding a license from the state shall not be permitted to practice medicine under any circumstances * * * after remaining in the state for five (5) days, except when called in consultation by a licensed physician residing in this state or except as authorized under Sections 73-25-121 through 73-25-127.  This section shall not apply to any nonresident physician who holds a temporary license to practice medicine at a youth camp issued under the provisions of Section 75-74-8 and Section 73-25-17.

     SECTION 8.  Section 73-25-21, Mississippi Code of 1972, is amended as follows:

     73-25-21.  * * *  The State Board of Medical Licensure may grant license to practice medicine without examination as to learning to graduates in medicine or osteopathic medicine who hold license to practice medicine from another state, provided the requirements in such state are equal to those required by the State Board of Medical Licensure.  The State Board of Medical Licensure may affiliate with and recognize for the purpose of waiving examination diplomates of the National Board of Medical Examiners, or the National Board of Examiners for Osteopathic Physicians and Surgeons in granting license to practice medicine in Mississippi.  In addition, the board may grant a license to practice medicine without examination to Licentiates of the Medical Council of Canada (LMCC) who are graduates of Canadian medical schools which are accredited by the Liaison Committee on Medical Education, as sponsored by the American Medical Association and the Association of American Medical Colleges, and by the Committee for Accreditation of Canadian Medical Schools, as sponsored by the Canadian Medical Association and the Association of Canadian Medical Colleges.

 The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

     SECTION 9.  Section 73-25-23, Mississippi Code of 1972, is amended as follows:

     73-25-23.  The * * *State board * * *of Medical Licensure is * * *hereby authorized and empowered to grant limited institutional license for the practice of medicine in state institutions to graduates of foreign medical colleges approved by the National Educational Council for Foreign Medical Graduates or its successor, subject to the conditions as set out herein.

     Any graduate of a foreign medical college approved by the organizations specified in the foregoing paragraph who is employed or is being considered for employment to practice medicine in one or more Mississippi state-supported institution(s) located in the same county shall make application for license to the * * *State board * * *of Medical Licensure.  The application shall be made on a form prescribed by the board * * *of Medical Licensure as required by laws of the State of Mississippi.  The application shall also state the institution or institutions in which the applicant has assurance of employment.  The * * *State board * * *of Medical Licensure is * * *hereby authorized to establish minimum standards of qualifications including * * * moral, experience and proficiency for such applicants.  * * *  The application and the board's recommendation shall be forwarded to the board of trustees and director of the institution(s) in which the applicant wishes to practice. Upon review of the application, and upon the satisfaction of all requirements set forth by the board, the board may issue a limited license to practice medicine.

 * * * Upon receipt of such approved application from the * * * State board * * *of Medical Licensure, the board of trustees or the governing authority and director of the institution or health center shall submit the application for review to the local medical society, the member of the Board of Trustees of the State Medical Association of that district and the member of the * * *State Board of Medical Licensure of the district in which the institution is located.  A formal recommendation from each of these, along with that of the board of trustees and director of the institution, shall become a part of the application, and shall then be returned to the * * *state Board of Medical Licensure.  If a majority of the recommendations are in favor of the applicant, the * * *State board * * *of Medical Licensure may, in its discretion, issue a limited license to practice medicine.  The holder of such a license shall be subject to all the laws of the State of Mississippi governing the practice of medicine.

     Such license shall be for one (1) year and shall be in such form as the * * *state board * * *of Medical Licensure shall prescribes, and shall be issued for practice in a particular institution and shall not be endorsable to another state.  The license must be renewed annually, after such review as the * * *State board * * *of Medical Licensure considers necessary.  A graduate of a foreign medical school so licensed may hold such limited institutional license no longer than * * * five (5) seven (7) years. * * *  However, any graduate of a foreign medical school so licensed and employed by any state institution on January 1, 1981, shall not be subject to the five‑year limitation created hereby.  In addition, the * * *State board * * *of Medical Licensure, in its discretion, may waive the * * *five seven-year limitation on limited institutional licenses for any graduate of a foreign medical school who holds such license.

     It is the intent of this section to enable Mississippi institutions to utilize the services of qualified graduates of foreign medical colleges during the period necessary for them to secure citizenship papers, and to meet other requirements for a regular license, including Educational Council for Foreign Medical Graduates certification.  The * * *State board * * *of Medical Licensure is * * *hereby authorized, in its discretion, to refuse to renew, or to revoke such limited license if the holder of such license * * * has failed to avail himself of the opportunity to take the examination for regular licensure fails to apply for a regular license after becoming eligible * * * for such examination.

     The * * *State board * * *of Medical Licensure may establish reasonable and uniform license fees and shall make such rules and regulations as it considers necessary to carry out the purposes of this section.

 * * * The State Board of Medical Licensure is hereby authorized and directed to grant a full license for the practice of medicine to a graduate of a foreign medical school who has previously been granted an institutional license in one or more Mississippi state‑supported institutions for a twenty‑nine‑year period of time and who on July 1, 2001, was serving as director of a Mississippi state‑supported hospital and who has passed the clinical competency part of the Flex Examination for the State of Mississippi.

     SECTION 10.  Section 73-25-27, Mississippi Code of 1972, is amended as follows:

     73-25-27.  The * * *State board * * *of Medical Licensure after notice and opportunity for a hearing to the licentiate, is authorized to suspend or revoke for any cause named in this chapter any license it has issued, or the renewal thereof, that authorizes any person to practice medicine, osteopathy, or any other method of preventing, diagnosing, relieving, caring for, or treating, or curing disease, injury or other bodily condition.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     The notice shall be effected by * * * registered certified mail, electronic acknowledgment or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days * * *or more than sixty (60) days from the date of the mailing or the service, at which time the licentiate shall be given an opportunity for a prompt and fair hearing.  For the purpose of the hearing the board, acting by and through its executive office, may subpoena persons and papers on its own behalf and on behalf of the licentiate, including records obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths and the testimony when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the licentiate.  At the hearing the licentiate may appear by counsel and personally in his own behalf.  Any person sworn and examined as a witness in the hearing shall not be held to answer criminally, nor shall any papers or documents produced by the witness be competent evidence in any criminal proceedings against the witness other than for perjury in delivering his evidence.  The board or its designee, in the conduct of any hearing, shall not be bound by strict laws or rules of evidence.  The board may adopt rules and discovery and procedure governing all proceedings before it.  On the basis of any such hearing, or upon default of the licentiate, the board shall make a determination specifying its findings of fact and conclusions of law.  The board shall make its determination based upon a preponderance of the evidence.

     A copy of the determination shall be sent by * * * registered certified mail or served personally upon the licentiate.  The decision of the board revoking or suspending the license shall become final thirty (30) days after so mailed or served unless within that period the licentiate appeals the decision to the chancery court, under the provisions of this section.  The appeal to the chancery court shall be based solely on the record made before the board.  A transcript of the proceedings and evidence, together with exhibits, presented at the hearing before the board in the event of appeal shall be a part of the record before the chancery court.  The chancery court shall dispose of the appeal and enter its decision promptly.  The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.  Appeals may be taken to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  No such person shall be allowed to practice medicine in violation of any action of the chancery court affirming, in whole or in part, the determination of the board, while any such appeal to the Supreme Court is pending.

     For the purpose of conducting investigations, the * * * board, through its executive director * * *, may issue subpoenas to any individual, clinic, hospital, pharmacy or other entity having in its possession papers, documents, medical charts, prescriptions or any other nonfinancial records.  * * *  Any such subpoenas issued by the executive director shall be made pursuant to an order of the board entered on its minutes, determined on a case‑by‑case basis. Investigatory subpoenas, as provided in this section, may be served either by personal process or by * * * registered certified mail, and upon service shall command production of the papers and documents to the board at the time and place so specified.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.

     For the purpose of conducting hearings, the * * * board through its executive director may subpoena persons and papers on its own behalf and on behalf of the respondent, including records obtained under Section 73-25-28 and Section 73-25-83(c), may administer oaths, and may compel the testimony of witnesses.  * * *  Any such subpoenas issued by the executive director shall be made pursuant to an order of the board entered on its minutes, determined on a case‑by‑case basis. It may issue subpoenas to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.

     Unless the court otherwise decrees, a license that has been suspended by the board * * * for a stated period of time shall automatically become valid on the expiration of that period and a license that has been suspended for an indefinite period shall become again valid if and when the board so orders, which it may do on its own motion or on the petition of the respondent.  A license that has been revoked shall not be restored to validity except:  (1) by order of the board based on petition for reinstatement filed under Section 73-25-32 or (2) by order of the chancery court or Supreme Court following appeal.  * * * Any licentiate whose license becomes again valid after a period of suspension or after it has been restored to validity by order of the board or by an order of the court, shall record it again in the office of the clerk of the circuit court of the county in which he or she resides in conformity with the requirements of Section 73‑25‑13. Nothing in this chapter shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi State Board of Medical Licensure, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.

     SECTION 11.  Section 73-25-28, Mississippi Code of 1972, is amended as follows:

     73-25-28.  (1)  In any case in which disciplinary action against a * * * medical physician, * * * osteopathic physician physician assistant or podiatrist is being considered by the * * *State board * * *of Medical Licensure, the executive * * * officer director of the board, or its investigators * * * accompanied by any member of the board or any licensed physician or podiatrist appointed to act for the board, upon reasonable cause as defined below, may enter, at a time convenient to all parties, any hospital, clinic, office of a * * *medical physician, osteopathic physician or podiatrist licensee or emergency care facility to inspect and copy patient records, charts, emergency room records or any other document which would assist the board in its investigation of a * * *medical physician, osteopathic physician or podiatrist licensee.  Reasonable cause shall be demonstrated by allegations of one or more of the following:  (a) a single incident of gross negligence; (b) a pattern of inappropriate prescribing of controlled substances; (c) an act of incompetence or negligence causing death or serious bodily injury; (d) a pattern of substandard medical care; (e) a pattern of unnecessary surgery or unindicated medical procedures; (f) disciplinary action taken against a physician, physician assistant or podiatrist by a licensed hospital or by the medical staff of the hospital; (g) voluntary termination by a physician or podiatrist of staff privileges or having restrictions placed thereon; or (h) habitual personal use of narcotic drugs or other drugs having addiction-forming or addiction-sustaining liability, or the habitual personal use of intoxicating liquors or alcoholic beverages, to an extent which affects professional competency.  Whether reasonable cause exists shall be determined by the executive * * * officer director and executive committee of the board, and documentation of that determination shall be provided to the hospital, clinic, office or emergency care facility before entry for inspection and copying hereunder. 

     (2)  A certified copy of any record inspected or copied pursuant to subsection (1) shall be subject to subpoena by the board to be used as evidence before it in a licensure disciplinary proceeding initiated pursuant to the provisions of Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 and 73-27-1 through 73-27-19 * * *, Mississippi Code of 1972.  All references to a patient's name and address or other information which would identify the patient shall be deleted from the records unless a waiver of the medical privilege is obtained from the patient. 

     (3)  All records of the investigation and all patient charts, records, emergency room records or any other document that may have been copied shall be kept confidential and shall not be subject to discovery or subpoena.  If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board shall destroy all records obtained pursuant to this section.  

     (4)  Notwithstanding any right to privacy, confidentiality, privilege or exemption from public access conferred by this section, Section 73-52-1, or otherwise by statute or at law, the board shall provide to any hospital, as defined in Section 41-9-3, any and all information it may have concerning any physician who has applied for a license, other than information contained in records exempt from the provisions of the Mississippi Public Records Act of 1983 pursuant to Sections 45-29-1 and 45-29-3, * * * Mississippi Code of 1972, upon receipt by the board of a written request from the hospital for such information and documentation that the physician has applied for appointment or reappointment to the medical staff of the hospital or staff privileges at the hospital.  The board, any member of the board, and its agents or employees, acting without malice in providing the documents or information hereunder, shall be immune from civil or criminal liability.

SECTION 12.  Section 73-25-29, Mississippi Code of 1972, is amended as follows:

     73-25-29.  The grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license are:

          (1)  Habitual personal use of narcotic drugs, or any other drug having addiction-forming or addiction-sustaining liability.

          (2)  Habitual use of intoxicating liquors, or any beverage, to an extent which affects professional competency.

          (3)  Administering, dispensing or prescribing any narcotic drug, or any other drug having addiction-forming or addiction-sustaining liability otherwise than in the course of legitimate professional practice.

          (4)  Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (5)  Procuring, or attempting to procure, or aiding in, an abortion that is not medically indicated.

          (6)  Conviction of a felony or misdemeanor involving moral turpitude, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (7)  Obtaining or attempting to obtain a license by fraud or deception.

          (8)  Unprofessional conduct, which includes, but is not limited to:

              (a)  Practicing medicine under a false or assumed name or impersonating another practitioner, living or dead.

              (b)  Knowingly performing any act which in any way assists an unlicensed person to practice medicine.

              (c)  Making or willfully causing to be made any flamboyant claims concerning the licensee's professional excellence.

              (d)  Being guilty of any dishonorable, disruptive or unethical conduct likely to impair patient care or deceive, defraud or harm the public.

              (e)  Obtaining a fee as personal compensation or gain from a person on fraudulent representation of a disease or injury condition generally considered incurable by competent medical authority in the light of current scientific knowledge and practice can be cured or offering, undertaking, attempting or agreeing to cure or treat the same by a secret method, which he or she refuses to divulge to the board upon request.

              (f)  Use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice in connection with any of the licensing requirements, including the signing in his professional capacity any certificate that is known to be false at the time he or she makes or signs such certificate.

              (g)  Failing to identify a physician's school of practice in all professional uses of his name by use of his earned degree or a description of his or her school of practice.

(h)  When a licensee makes, or knowingly permits any person to make, an agreement with a patient or person, or any person or entity representing patients or persons, or provide any form of consideration that would prohibit, restrict, discourage or otherwise limit a person's ability to file a complaint with the board; to truthfully and fully answer any questions posed by an agent or representative of the board; or to participate as a witness in a board proceeding.

          (9)  The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice medicine in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.

          (10)  Surrender of a license or authorization to practice medicine in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this section.

          (11)  Final sanctions imposed by the United States Department of Health and Human Services, Office of Inspector General, Mississippi Division of Medicaid or any successor federal or state agency or office, based upon a finding of incompetency, gross misconduct or failure to meet professionally recognized standards of health care; a certified copy of the notice of final sanction being prima facie evidence thereof.  As used in this paragraph, the term "final sanction" means the written notice to a physician from the United States Department of Health and Human Services, Officer of Inspector General, Mississippi Division of Medicaid or any successor federal or state agency or office, which implements the exclusion.

          (12)  Failure to furnish the board, its investigators or representatives information legally requested by the board.

          (13)  Violation of any provision(s) of the Medical Practice Act or the rules and regulations of the board or of any order, stipulation or agreement with the board.

          (14)  Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.

          (15)  Performing or inducing an abortion on a woman in violation of any provision of Sections 41-41-131 through 41-41-145.

          (16)  Performing an abortion on a pregnant woman after determining that the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat as provided in Section 41-41-34.1.

     In addition to the grounds specified above, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 13.  Section 73-25-30, Mississippi Code of 1972, is amended as follows:

     73-25-30.  (1)  The * * *Mississippi State board * * *of Medical Licensure, in exercising its authority under the provisions of Section 73-25-29, shall have the power to discipline the holder of a license who has been found by the board in violation of that statute after notice and a hearing as provided by law * * *, and the licensee shall be disciplined as follows:.

 * * *  (a)  By placing him upon probation, the terms of which may be set by the board, or

  (b)  By suspending his right to practice for a time deemed proper by the board, or

  (c)  By revoking his license, or

  (d)  By taking any other action in relation to his license as the board may deem proper under the circumstances.

     (2)  Upon the execution of a disciplinary order by the board, either following a hearing or in lieu of a hearing, the board * * *, in addition to the disciplinary powers specified in subsection (1) of this section, may assess the licensee for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure disciplinary action including, but not limited to, the cost of process service, court reporters, witness fees, expert witnesses, investigators, and other related expenses. Money collected by the board under this section shall be deposited to the credit of the special fund of the board to reimburse the existing current year appropriated budget.

     (3)  An assessment of investigative costs and legal fees under this section shall be paid to the board by the licensee, upon the expiration of the period allowed for appeals under Section 73-25-27, or may be paid sooner if the licensee elects. * * *  Cost assessed under this section shall not exceed Ten Thousand Dollars ($10,000.00).

     (4)  When an assessment of costs by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the licensee shall be prohibited from practicing medicine until the full amount is paid. In addition, the board may institute and maintain proceedings in its name for enforcement of payment in the Chancery Court of the First Judicial District of Hinds County.  When those proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court.  The matter shall be heard in due course by the court, which shall review the record and make its determination thereon.  The hearing on the matter, in the discretion of the chancellor, may be tried in vacation.

     SECTION 14.  Section 73-25-32, Mississippi Code of 1972, is amended as follows:

     73-25-32.  (1)  A person whose license * * *to practice medicine or osteopathy has been * * *revoked or suspended may petition the * * *Mississippi State board * * *of Medical Licensure to reinstate this license after a period of not less than one (1) year has elapsed from the date of the * * * revocation or suspension.  A person whose license to practice that has been revoked may petition the board to reinstate this license after a period of not less than three (3) years or, as determined by the board, not greater than five (5) years has elapsed from the date of the revocation.  The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

     (2) * * *  The petition shall be accompanied by two (2) or more verified recommendations from physicians or osteopaths licensed by the Board of Medical Licensure to which the petition is addressed and by two (2) or more recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed and such facts as may be required by the Board of Medical Licensure.

  The petition may be heard at the next regular meeting of the board * * *of Medical Licensure but not earlier than thirty (30) days after the petition was filed.  No petition shall be considered while the petitioner is under sentence for any state or federal criminal offense, including any period during which he or she is under probation or parole.  The hearing may be continued from time to time as the board * * *of Medical Licensure finds necessary.

     (3)  In determining whether the disciplinary penalty should be set aside and the terms and conditions, if any, that should be imposed if the disciplinary penalty is set aside, the board * * *of Medical Licensure may investigate and consider all activities of the petitioner since the disciplinary action was taken * * * against him, the offense for which he or she was disciplined, * * * his activity during the time * * * his certificate the petitioner was in good standing, * * * his general reputation for truth, professional ability and good character; and it may require the petitioner to pass an oral examination or to submit to professional competency evaluation.

     (4)  The investigation shall require the petitioner to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each petitioner shall submit a full set of the petitioner's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety * * *(department) and the Federal Bureau of Investigation Identification Division for this purpose.

     Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the 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 licensure, 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.

     The board shall provide to the department the fingerprints of the petitioner, any additional information that may be required by the department, and a form signed by the petitioner 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.

     The board shall charge and collect from the petitioner, 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.

 * * * (5)  The Secretary‑Treasurer of the Board of Medical Licensure shall enter into his records of the case all actions of the board in setting aside a disciplinary penalty under this section and he shall certify notices to the proper court clerk.  The clerk shall make such changes on his records as may be necessary.

     SECTION 15.  Section 73-25-33, Mississippi Code of 1972, is amended as follows:

     73-25-33.  The practice of medicine shall mean * * *to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound or fracture or other bodily injury or deformity, or the practice of obstetrics or midwifery, after having received, or with the intent of receiving therefor, either directly or indirectly, any bonus, gift, profit or compensation; provided, that nothing in this section shall apply to * * * females engaged solely in the practice of midwifery or to actions that are duly authorized by the state laws of Mississippi. one or more of the following:

(i)  Holding oneself out to the public within this state as being able to diagnose, treat, prescribe for, palliate or prevent any human disease, ailment, injury, deformity or physical or mental condition, whether by the use of drugs, surgery, manipulation, technology or any physical, mechanical, or other means whatsoever;

(ii)  Suggesting, recommending, prescribing, or administering any form of treatment, operation or healing for the intended palliation, relief or cure of any physical or mental disease, ailment, injury, condition or defect of any person, with or without the intention of receiving, either directly or indirectly, any fee, gift or compensation;

(iii)  Maintaining an office or other place to meet persons or patients for the purpose of examining or treating persons afflicted with disease, injury, defect of the body or mind, or other condition for which treatment is sought;

(iv)  Using the title "M.D.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, defect of the body or mind, or other conditions for which treatment is sought; or

(v)  Performing any kind of surgical operation upon another person.

In addition to any other provisions of law, it shall be unlawful for any person to perform any act constituting the practice of medicine without first obtaining a medical license in accordance with the rules and regulations of the board.  Nothing in this provision shall be construed to limit duly licensed health care professionals from providing medical services within the scope of their authorizing license.

In addition to any other civil remedy or criminal penalty provided for by law, the board shall be authorized to seek injunctive relief against the unlawful practice of medicine.  The executive director of the board may issue a summons to appear before the board to any person or persons who the executive director has probable cause to believe has violated this section by practicing, or attempting to practice, or offering to practice medicine without a current, valid license or permit, and may subpoena any necessary witnesses for the proceeding.  The summons issued by the board shall command each person to whom it is directed to attend and give testimony at a time and place specified in the summons.  The summons shall be served upon the individual personally or by certified mail, and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond to the board.  Any summonses or witness subpoenas issued by the board for the purposes of this chapter shall be enforceable as to compliance by the Chancery Court of the First Judicial District of Hinds County, Mississippi.

In proceedings conducted pursuant to the preceding paragraph, the board may levy for each and every violation a civil penalty upon any unlicensed person who, after a hearing, is found to have practiced medicine without the benefit of a current, valid license.  Civil penalties may be issued by the board as follows:

(i)  For the first violation, a monetary penalty of not more than Twenty-five Thousand Dollars ($25,000.00).

(ii)  For the second violation, a monetary penalty of not more than Thirty-five Thousand Dollars ($35,000.00).

(iii)  For the third and any subsequent violations, a monetary penalty of not more than Fifty Thousand Dollars ($50,000.00) per offense.

For any violation(s), the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided above.  Appeals may be made as provided in Sections 73-25-27, 73-43-14 and 73-43-17.  Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner upon the expiration of the period allowed for appealing those penalties, or may be paid sooner if the illegal practitioner so chooses.  Monetary penalties collected by the board under this section shall be deposited to the credit of the State General Fund.  Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board.

     SECTION 16.  Section 73-25-51, Mississippi Code of 1972, is amended as follows:

     73-25-51.  Sections 73-25-51 through 73-25-67 shall be known as the "Disabled * * *Physician Licensee Law."

     SECTION 17.  Section 73-25-53, Mississippi Code of 1972, is amended as follows:

     73-25-53. * * *  The license of any physician to practice medicine in this state Any person holding a professional license from the board shall be subject to restriction, suspension or revocation * * *, as hereinafter provided, in case of inability of the licensee to practice * * * medicine with reasonable skill or safety to patients by reason of one or more of the following:

          (a)  Mental illness;

          (b)  Physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skill;

          (c)  Excessive use or abuse of drugs, including alcohol * * *.;

(d)  Behavioral conduct that could be addressed by treatment.

     SECTION 18.  Section 73-25-55, Mississippi Code of 1972, is amended as follows:

     73-25-55.  (1)  If the * * * state board * * * of medical licensure has reasonable cause to believe that a * * * physician licensed to practice medicine in this state licensee is unable to practice * * *medicine with reasonable skill and safety to patients because of a condition described in Section 73-25-53, * * * such the board * * * of medical licensure shall cause an examination of such * * * physician licensee to be made as described in subsection (2) of this section and shall, following such examination, take appropriate action within the provisions of Sections 73-25-51 through 73-25-67.

     (2)  Examination of a * * * physician licensee under this section shall be conducted by an examining committee as provided in the following:

          (a)  Except as otherwise provided in paragraph (b) below, the board * * * of medical licensure shall refer all cases for such examination to the Mississippi State Medical Association or its constituent bodies for examination by an examining committee as created by such association exclusively for the purpose of such examinations. Such examining committee shall be composed of three (3) practicing physicians and shall include at least one (1) psychiatrist if a question of mental illness is involved.

          (b)  If the * * * physician licensee to be examined is not a member of the Mississippi State Medical Association, or if the Mississippi State Medical Association is unable or unwilling to act on a referral by the board of medical licensure for examination, the board shall designate the members of an examining committee.  Such examining committee shall be composed of three (3) practicing physicians and shall include at least one (1) psychiatrist if a question of mental illness is involved.

     SECTION 19.  Section 73-25-57, Mississippi Code of 1972, is amended as follows:

     73-25-57.  (1)  The examining committee assigned to examine a * * * physician licensee pursuant to referral by the board under Section 73-25-55 shall conduct an examination of such * * * physician licensee for the purpose of determining the * * * physician's licensee's fitness to practice * * * medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis, and shall report its findings and recommendations to the board.  The committee shall order the * * * physician licensee to appear before the committee for examination and give * * * him ten (10) days' notice of time and place of the examination, together with a statement of the cause for such examination.  Such notice shall be served upon the * * * physician licensee either personally or by registered or certified mail with return receipt requested.

     (2)  If the examining committee, in its discretion, * * *should deems an independent mental or physical examination of the * * * physician licensee necessary to its determination of the fitness of the * * * physician licensee to practice, the committee shall order the * * * physician licensee to submit to such examination.  Any * * * person licensed to practice medicine in this state licensee shall be deemed to have waived all objections to the admissibility of the examining committee's report in any proceedings before the board under Sections 73-25-51 through 73-25-67 on the grounds of privileged communication.  Any * * * physician licensee ordered to an examination before the committee under subsection (2) shall be entitled to an independent mental or physical examination if * * * he the licensee makes request therefor.

     (3)  Any * * * physician licensee who submits to a diagnostic mental or physical examination as ordered by the examining committee shall have a right to designate another physician to be present at the examination and make an independent report to the board.

     (4)  Failure of a * * * physician licensee to comply with a committee order under subsection (2) to appear before it for examination or to submit to mental or physical examination under this section shall be reported by the committee to the board, and unless due to circumstances beyond the control of the * * * physician licensee, shall be grounds for suspension by the board * * * of the physician's license to practice medicine in this state until such time as such * * * physician licensee has complied with the order of the committee.

     (5)  The examining committee may inspect patient records in accordance with the provisions of Section 73-25-28.

     (6)  All patient records, investigative reports and other documents in possession of the board and examining committee shall be deemed confidential and not subject to subpoena or disclosure unless so ordered by the court from which the subpoena issued, but the court, in its discretion, may limit use or disclosure of such records.  Notwithstanding, and to encourage the prompt reporting of disabled practitioners, neither the board nor examining committee shall reveal the identity of any source of information where the source has requested anonymity.

     SECTION 20.  Section 73-25-59, Mississippi Code of 1972, is amended as follows:

     73-25-59.  A * * * physician licensee may request in writing to the board a restriction of his license to practice * * * medicine.  The board may grant such request for restriction and shall have authority, if it deems appropriate, to attach conditions to the licensure * * * of the physician to practice medicine within specified limitations, and waive the commencement of any proceeding under Section 73-25-63.  Removal of a voluntary restriction on licensure * * * to practice medicine shall be subject to the procedure for reinstatement of license in Section 73-25-65.

     SECTION 21.  Section 73-25-61, Mississippi Code of 1972, is amended as follows:

     73-25-61.  (1)  The examining committee shall report to the board its findings on the examination of the * * * physician licensee under Section 73-25-57, the determination of the committee as to the fitness of the * * * physician licensee to * * * engage in the practice * * * of medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis, and any management that the committee may recommend.  Such recommendation by the committee shall be advisory only and shall not be binding on the board.

     (2)  The board may accept or reject the recommendation of the examining committee to permit a * * * physician licensee to continue to practice with or without any restriction on his license to practice * * *medicine, or may refer the matter back to the examining committee for further examination and report thereon.

     (3)  In the absence of a voluntary agreement by a * * * physician licensee under Section 73-25-59 * * * for restriction of the licensure of such physician to practice medicine, any * * * physician licensee shall be entitled to a hearing in formal proceedings before the board and a determination on the evidence as to whether or not restriction, suspension or revocation of licensure shall be imposed.

     SECTION 22.  Section 73-25-63, Mississippi Code of 1972, is amended as follows:

     73-25-63.  (1)  The board may proceed against a * * * physician licensee under Sections 73-25-51 through 73-25-67 by serving upon such * * * physician licensee at least fifteen (15) days' notice of a time and place fixed for a hearing, together with copies of the examining committee's report and diagnosis.  Such notice and reports shall be served upon the * * * physician licensee either personally or by registered or certified mail with return receipt requested.

     (2)  At * * *said the hearing the * * * physician licensee shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.

     (3)  At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:

          (a)  Make a recommendation that the * * * physician licensee submit to the care, counseling or treatment by physicians acceptable to the board.

          (b)  Suspend or restrict the license of the * * * physician to practice medicine licensee for the duration of * * * his impairment.

          (c)  Revoke the license of the * * * physician to practice medicine licensee.

     (4)  The board may temporarily suspend the license of any * * * physician licensee without a hearing, simultaneously with the institution of proceedings for a hearing under this section, if it finds that the evidence in support of the examining committee's determination is clear, competent and unequivocal and that * * * his continuation in practice would constitute an imminent danger to public health and safety.

     (5)  Neither the record of the proceedings nor any order entered against a * * * physician licensee may be used against him in any other legal proceedings except upon judicial review as provided herein.

     SECTION 23.  Section 73-25-65, Mississippi Code of 1972, is amended as follows:

     73-25-65.  (1)  A * * * physician licensee whose licensure has been restricted, suspended or revoked under Sections 73-25-51 through 73-25-67, voluntarily or by action of the board, shall have a right, at reasonable intervals, to petition for a reinstatement of * * * his license and to demonstrate that * * * he the licensee can resume * * *the competent practice * * *of medicine with reasonable skill and safety to patients.  Such petition shall be made in writing and on a form prescribed by the board.  Action of the board on such petition shall be initiated by referral to and examination by the examining committee pursuant to the provisions of Sections 73-25-55 and 73-25-57.  The board may, upon written recommendation of the examining committee, restore the licensure of the * * * physician licensee on a general or limited basis or institute a proceeding pursuant to Section 73-25-63 for the determination of the fitness of the * * * physician licensee to resume * * * his practice.

     (2)  All orders of the board entered under Section 73-25-63(3), (4) shall be subject to judicial review by appeal to the chancery court of the county of the residence of the * * * physician licensee involved against whom the order is rendered, within twenty (20) days following the date of entry of the order, said appeal to be taken and perfected in the same manner as appeals from orders of boards of supervisors.

     SECTION 24.  Section 73-25-87, Mississippi Code of 1972, is amended as follows:

     73-25-87.  Whenever the board finds any person unqualified because of any of the grounds set forth in * * * Section 73‑25‑83 this chapter, it may enter an order imposing one or more of the following:

          (a)  Deny * * * his an application for a license or other authorization to practice * * * medicine;

          (b)  Administer a public or private reprimand;

          (c)  Suspend, limit or restrict * * * his a license or other authorization to practice * * * medicine for up to five (5) years, including limiting the practice of such person to, or by the exclusion of, one or more specified branches of medicine, including limitation on hospital privileges;

          (d)  Revoke * * * his a license or other authorization to practice * * * medicine;

          (e)  Require * * * him a licensee to submit to care, counseling or treatment by physicians designated by the board, as a condition for initial, continued or renewal of licensure or other authorization to practice * * * medicine;

          (f)  Require * * * him a licensee to participate in a program of education prescribed by the board; * * * or

          (g)  Require * * * him a licensee to practice under the direction of a physician designated by the board for a specified period of time * * *.;

(h)  Place a licensee on probation, the terms of which may be set by the board; or

(i)  Impose a punitive fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per offense, with the cumulative total of all fines imposed not to exceed One Hundred Thousand Dollars ($100,000.00).  All fines collected under this provision shall be deposited into the State General Fund.

     SECTION 25.  Section 73-25-7, Mississippi Code of 1972, which provides when and where licensure examinations are conducted, is repealed.

     SECTION 26.  Section 73-25-9, Mississippi Code of 1972, which prescribes specific fees for licensure examination, is repealed.

     SECTION 27.  Section 73-25-15, Mississippi Code of 1972, which provides for lost licenses, is repealed.

     SECTION 28.  Section 73-25-25, Mississippi Code of 1972, which authorizes the issuance of a license for a person desiring to practice osteopathic medicine in this state, is repealed.

     SECTION 29.  Section 73-25-39, Mississippi Code of 1972, which provides for the acquisition of books and stationery by the board, is repealed.

     SECTION 30.  Section 73-25-81, Mississippi Code of 1972, which defines the membership of the board responsible for licensure and discipline of physicians in this state, is repealed.

     SECTION 31.  This act shall take effect and be in force from and after July 1, 2021.

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