MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representative Powell
AN ACT TO REENACT SECTIONS 41-121-1 THROUGH 41-121-9, MISSISSIPPI CODE OF 1972, WHICH ARE THE PATIENT'S RIGHT TO INFORMED HEALTH CARE CHOICES ACT; TO AMEND REENACTED SECTION 41-121-3, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR, NONSUBSTANTIVE CHANGE; TO AMEND REENACTED SECTION 41-121-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "ADVERTISEMENT" AND DEFINE "COLLABORATING PHYSICIAN;" TO AMEND REENACTED SECTION 41-121-7, MISSISSIPPI CODE OF 1972, TO REQUIRE NONPHYSICIAN HEALTH CARE PRACTITIONERS THAT PRACTICE UNDER A COLLABORATIVE AGREEMENT WITH A COLLABORATING PHYSICIAN TO DISCLOSE AND DISPLAY IN THEIR OFFICE A WRITING THAT CLEARLY IDENTIFIES THE NAME AND LICENSE NUMBER OF THE COLLABORATING PHYSICIAN AS WELL AS THE COLLABORATING PHYSICIAN'S PRACTICE ADDRESS AND CONTACT PHONE NUMBER SO AS TO BE VISIBLE AND APPARENT TO ALL CURRENT AND PROSPECTIVE PATIENTS; TO AMEND SECTION 41-121-11, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-121-1, Mississippi Code of 1972, is reenacted as follows:
41-121-1. This chapter shall be known and may be cited as "The Patient's Right to Informed Health Care Choices Act."
SECTION 2. Section 41-121-3, Mississippi Code of 1972, is reenacted and amended as follows:
41-121-3. The Legislature finds and declares that:
(a) There are a multitude of professional degrees using the term "doctor," including Medical Doctor (M.D.); Doctor of Osteopathic Medicine (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); Doctor of Nursing Practice (D.N.P.); Doctor of Pharmacy (Pharm.D.); and other designations which may be used by health care practitioners.
(b) Choosing a health care provider is one of the most important decisions a patient makes, which should be supported by full disclosure from their health care provider. There are differences regarding the training and qualifications required to earn the professional degrees described in and subject to this chapter. These differences often concern the training and skills necessary to correctly detect, diagnose, prevent and treat serious health care conditions.
(c) There is a compelling state interest in patients being promptly and clearly informed of the actual training and qualifications of their health care practitioners who provide health care services. This chapter aims to provide public protection against potentially misleading and deceptive health care advertising that causes patients to have undue expectations regarding their medical treatments and outcomes.
SECTION 3. Section 41-121-5, Mississippi Code of 1972, is reenacted and amended as follows:
41-121-5. For the purposes of this chapter:
(a) "Advertisement" means any communication or statement, whether printed, electronic or oral, that names the health care practitioner in relation to his or her practice, profession, or institution in which the individual is employed, volunteers or otherwise provides health care services. This includes all media and printed materials produced by the health care practitioner or the health care practitioner's practice, such as business cards, identification badges, letterhead, patient brochures, email, Internet, audio and video, and any other communication or statement used in the course of business or any other definition provided by regulations of the licensing board of proper jurisdiction.
(b) "Collaborating physician" means any person licensed to practice medicine or osteopathic medicine in the State of Mississippi who, pursuant to a duly executed protocol and/or collaborative agreement, has agreed to collaborate/consult with an advance practice registered nurse as provided under Section 73-15-20.
( * * *c) "Deceptive" or "misleading" includes, but is not limited
to, any advertisement or affirmative communication or representation that misstates, falsely describes, holds out or falsely details the health care practitioner's profession, skills, training, expertise, education, board certification or licensure as determined by each respective licensing board.
( * * *d) "Health care practitioner" means any person who engages in acts that are the subject of licensure or regulation. Categories of
health care
practitioner include:
(i) Practitioners of allopathic medicine, signified by the letters "M.D." or the words surgeon, medical doctor, or doctor of medicine by a person licensed to practice medicine and surgery.
(ii) Practitioners of osteopathic medicine, signified by the letters "D.O." or the words surgeon, osteopathic surgeon, osteopath, doctor of osteopathy, or doctor of osteopathic medicine.
Practitioners of allopathic medicine or osteopathic medicine referenced in subparagraphs (i) and (ii) of this paragraph (d) include the use of any medical or medical specialty title, including, but not limited to, "physician," "surgeon," "doctor," "resident", "intern," "anesthesiologist," "cardiologist," "dermatologist," "endocrinologist," "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "internist," "intensivist," "laryngologist," "nephrologist," "neurologist," "obstetrician," "oncologist," "ophthalmologist," "orthopedic surgeon," "orthopedist," "osteopath," "otologist," "otolaryngologist," "otorhinolaryngologist," "pathologist," "pediatrician," "primary care physician," "proctologist," "psychiatrist," "radiologist," "rheumatologist," "rhinologist," and "urologist," 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, either alone or in combination with any other title.
(iii) Practitioners of nursing, signified by the letters "D.N.P.," "N.P.," "R.N.," "L.P.N.," "C.R.N.A.," or any other commonly used signifier to denote a doctorate of nursing practice, nurse practitioner, registered nurse, licensed practical nurse, or certified registered nurse anesthetist, respectively, as appropriate to signify the appropriate degree of licensure and degree earned from a regionally accredited institution of higher education in the appropriate field of learning.
(iv) Practitioners of podiatry, signified by the letters "D.P.M." or the words podiatrist, doctor of podiatry, podiatric surgeon, or doctor of podiatric medicine.
(v) Practitioners of chiropractic, signified by the letters "D.C." or the words chiropractor, doctor of chiropractic or chiropractic physician.
(vi) Practitioners of dentistry, signified by the letters "D.D.S." or "D.M.D.," as appropriate, or the words dentist, doctor of dental surgery, or doctor of dental medicine, as appropriate.
(vii) Practitioners of optometry, signified by the letters "O.D." or the words optometrist or doctor of optometry.
(viii) Practitioners of pharmacy, signified by the letters "BSc.Pharm" or "Pharm.D." or the words pharmacists or doctor of pharmacy.
(ix) Physician assistants, signified by the letters "P.A." or the words physician assistant.
(x) Medical assistants, signified by the letters "M.A." or the words medical assistant.
(xi) Practitioners of audiology, signified by the letters "Au.D.," "Sc.D." or "Ph.D.," or the words audiologist or doctor of audiology.
(xii) Psychologists, therapists, speech-language pathologists, counselors, or any other health care practitioner not covered under this section, including, but not limited to, those signified by the letters "Ph.D.," "Ed.D.," "P.T.," "M.P.T." or "Psy.D.," or "Sc.D.," as appropriate to signify the appropriate degree of licensure and degree earned from a regionally accredited institution of higher education in the appropriate field of learning.
(d) "Licensee" means a health care practitioner who holds an active license with the licensing board governing his or her practice in this state.
SECTION 4. Section 41-121-7, Mississippi Code of 1972, is reenacted and amended as follows:
41-121-7. (1) An advertisement for health care services that names a health care practitioner must identify the type of license held according to the definitions under this chapter. The advertisement shall be free from any and all deceptive or misleading information.
(2) A health care practitioner providing health care services in this state must conspicuously post in their office and affirmatively communicate the practitioner's specific licensure as defined under this chapter. This shall consist of the following: The health care practitioner shall display in his or her office a writing that clearly identifies the type of license held by the health care practitioner. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.
(3) A nonphysician health care practitioner that practices under a collaborative agreement with a collaborating physician must disclose and display in his or her office a writing that clearly identifies the name and license number of the collaborating physician as well as the collaborating physician's practice address and contact phone number so as to be visible and apparent to all current and prospective patients.
(a) A nonphysician health care practitioner practicing under a collaborative agreement with a collaborating physician must post conspicuously in his or her office the name and specific licensure of the collaborating physician and the regularly scheduled hours that the physician intends to be physically present in the office, if applicable. The writing must be of sufficient size so as to be visible and apparent to all current and prospective patients.
(b) A nonphysician health care practitioner practicing under a collaborative agreement with a collaborating physician must disclose the name and specific licensure of the collaborating physician whenever asked by a patient, prospective patient, or another health care practitioner.
(4) A health care practitioner providing health care services in this state who practices under a collaborative agreement with a collaborating physician must include the name of the collaborating physician on any referral made for any patient to any health care practitioner or health care facility, including referrals for any medical service, evaluation, treatment, or diagnostic testing.
( * * *5) A
health care practitioner who practices in more than one (1) office shall be required to comply with these requirements in each practice setting.
( * * *6) Health
care practitioners working in nonpatient care settings, and who do not have any direct patient care interactions, are not subject to the provisions of this chapter.
SECTION 5. Section 41-121-9, Mississippi Code of 1972, is reenacted as follows:
41-121-9. (1) Failure to comply with any provision under this section shall constitute a violation under this chapter.
(2) Knowingly aiding, assisting, procuring, employing or advising any unlicensed person or entity to practice or engage in acts contrary to the health care practitioner's degree of licensure shall constitute a violation under this chapter.
(3) Delegating or contracting for the performance of health care services by a health care practitioner when the licensee delegating or contracting for performance knows, or has reason to know, the person does not have the required authority under the person's licensure, shall constitute a violation under this chapter.
(4) Violations of this chapter relating to practitioners of pharmacy shall be regulated in accordance with the restrictions on the use of business name for pharmacists in Section 73-21-109.
(5) Each day that this chapter is violated shall constitute a separate offense and shall be punishable as such.
(6) Any health care practitioner who violates any provision under this chapter is guilty of unprofessional conduct and subject to disciplinary action under the appropriate licensure provisions governing the respective health care practitioner.
(7) Any and all fees and other amounts billed to and paid by the patient may be effectively rescinded and refunded. This includes third parties contracted to collect fees on behalf of the health care practitioner, the health care practitioner's employer, or other entity contracting with the health care practitioner as determined by each respective licensing board.
(8) The imposition of professional sanctions, administrative fees or other disciplinary actions shall be publicly reported by the governmental administrative body of proper jurisdiction at its discretion.
(9) Notwithstanding the imposition of any penalty, a professional licensing board or other administrative agency with jurisdiction may seek an injunction or other legal means as appropriate against a person or entity violating this chapter as determined by each respective licensing board.
(10) A licensing board may only enforce violations of this chapter with licensees that are subject to its jurisdiction.
SECTION 6. Section 41-121-11, Mississippi Code of 1972, is amended as follows:
41-121-11. Sections 41-121-1
through 41-121-9 shall stand repealed on July 1, * * * 2027.
SECTION 7. This act shall take effect and be in force from and after July 1, 2024.