Senate Bill 2708

AN ACT TO AMEND SECTION 73-43-1, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE STATE BOARD OF MEDICAL LICENSURE TO THE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE; TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO ADD THREE CONSUMER MEMBERS TO THE BOARD; TO PROVIDE THAT EACH PHYSICIAN MEMBER OF THE BOARD SHALL HOLD A CURRENT MISSISSIPPI LICENSE TO PRACTICE MEDICINE; TO REVISE THE MEMBERSHIP OF THE BOARD AND THE APPOINTMENT DEADLINES; TO AMEND SECTION 73-43-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONSUMER MEMBERS OF THE BOARD MAY DISCUSS, VOTE AND NOMINATE CANDIDATES FOR OFFICE BUT SHALL NOT HOLD OFFICE; TO AMEND SECTION 73-43-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE QUORUM OF THE BOARD; TO AMEND SECTION 73-43-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD, THROUGH ITS EXECUTIVE DIRECTOR, HIRE INVESTIGATORS TO CONDUCT INVESTIGATIONS; TO AMEND SECTION 73-43-14, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE BOARD TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

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

73-43-1. There is hereby created and established a board to be known as the Mississippi State Board of Medical Licensure.

SECTION 2. Section 73-43-3, Mississippi Code of 1972, is amended as follows:

73-43-3. (1) The Mississippi State Board of Medical Licensure shall consist of nine (9) physicians and three (3) consumer members. Each of the physicians shall * * * hold a current Mississippi license to practice medicine and have at least six (6) years' experience in the practice of medicine. No more than two (2) physician members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) physician members of the board shall be from the same Mississippi Supreme Court district.

(2) (a) 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 physician 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. Vacancies in office shall be filled by appointment of the Governor 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.

(b) Three (3) consumer members shall be appointed by the Governor, after consulting the Mississippi State Medical Association. Consumer members shall not have ever possessed a license in any field of healthcare, and shall not be employed by the University of Mississippi Medical Center, Mississippi State Medical Association or any other healthcare association or organization. Original appointments of consumer members shall be made no later than June 30, 2023, for terms to begin on July 1, 2023. The Governor shall appoint a consumer member from each of the Mississippi Supreme Court Districts with the advice and consent of the Senate. The Governor shall designate the initial terms of the members as follows: one (1) member shall be appointed for a term which expires July 1, 2025, one (1) member shall be appointed for a term which expires July 1, 2027, and one (1) member shall be appointed for a term which expires July 1, 2029. Thereafter, all appointments shall be for terms of six (6) years from the expiration of the previous term. Vacancies in the office shall be filled by appointment of the Governor 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.

SECTION 3. Section 73-43-5, Mississippi Code of 1972, is amended as follows:

73-43-5. The Mississippi State Board Of Medical Licensure is authorized to elect from its own members a president and secretary, and to create such other offices and adopt such bylaws as may be necessary for its efficient operation. Consumer members may discuss, vote and nominate candidates for office but shall not hold office in such election.

SECTION 4. Section 73-43-7, Mississippi Code of 1972, is amended as follows:

73-43-7. * * * ~~Five (5)~~ Seven (7) members shall constitute a quorum, and a majority of those present shall be necessary to reject any application. All regular meetings of the board shall be held at least quarterly upon the call of the president * * *. The members of the board shall be entitled to a per diem of Forty Dollars ($40.00) for each day's service in attending meetings of the board and for conducting examinations for professional certificates, and shall receive reimbursement for necessary expenses and mileage as is authorized by law.

SECTION 5. Section 73-43-11, Mississippi Code of 1972, is amended as follows:

73-43-11. The State Board of Medical Licensure shall have the following powers and responsibilities:

(a) Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists * * * ~~and~~, physician assistants practicing with physician supervision and any other profession assigned to the board in statute;

(b) Considering applications for licensure;

(d) Investigating alleged violations of the Medical Practice Act and the regulations of the board;

(e) Conducting hearings on disciplinary matters involving violations of state and federal law, probation, fining, suspension and revocation of licenses;

(f) Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;

(g) To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;

(h) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;

(i) To perform the duties prescribed by Sections 73-26-1 through 73-26-5; * * * ~~and~~

(j) To perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101 * * *.; and

(k) To, by and through its executive director, hire investigators, both sworn and nonsworn, for the purpose of conducting investigations. Any person so employed shall be considered a law enforcement officer, as defined at Section 45-6-3(c), and shall have all powers, duties and status of a law enforcement officer in this state; provided, however, that such investigators shall only be so authorized upon written approval of the executive director, and in accordance with Section 41-29-159.

SECTION 6. Section 73-43-14, Mississippi Code of 1972, is amended as follows:

73-43-14. The Mississippi State Board of Medical Licensure may appoint an executive committee, to be composed of * * * ~~three (3)~~ four (4) of its members, three (3) physicians and one (1) consumer with a nonvoting chairman to be designated by the board from the members appointed to said committee. The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board. The executive committee shall have the authority to conduct licensure hearings pursuant to Section 73-25-27, provided that the power to revoke shall be subject to approval of the board. Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board. Any person aggrieved by an action of the board regarding licensure may appeal to the Chancery Court of the First Judicial District of Hinds County. Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee. Any two (2) members of the executive committee, not including the chairman, shall be a quorum for the transaction of business.

All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 7. This act shall take effect and be in force from and after July 1, 2022.