Senate Bill 2864

AN ACT TO AMEND SECTION 41-121-5, MISSISSIPPI CODE OF 1972, TO SET CERTAIN ADVERTISING STANDARDS FOR HEALTHCARE PROFESSIONALS; TO DEFINE COLLABORATING PHYSICIAN; TO INCLUDE CERTAIN TITLES FOR HEALTHCARE PROFESSIONALS; TO AMEND SECTION 41-121-7, MISSISSIPPI CODE OF 1972, TO REQUIRE NON-PHYSICIAN HEALTH CARE PRACTITIONERS THAT PRACTICE UNDER A COLLABORATIVE AGREEMENT TO DISPLAY, DISCLOSE AND POST A STATEMENT THAT IDENTIFIES THE NAME OF THE COLLABORATING PHYSICIAN; TO REQUIRE A HEALTH CARE PRACTITIONER WHO PRACTICES UNDER A COLLABORATION AGREEMENT TO INCLUDE THE NAME OF THE COLLABORATING PHYSICIAN ON ANY REFERRAL MADE FOR ANY PATIENT; TO AMEND SECTION 41-121-11, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL ON THE APPLICABLE ARTICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-121-5, Mississippi Code of 1972, is 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 a nurse practitioner.

(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.

( * * *cd) "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.

1. Practitioners of allopathic medicine or osteopathic medicine referenced in (d)(i) and (d)(ii) above include the use of any medical or medical specialty title, including "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.

( * * *de) "Licensee" means a health care practitioner who holds an active license with the licensing board governing his or her practice in this state.

SECTION 2. Section 41-121-7, Mississippi Code of 1972, is 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 non-physician health care practitioner that practices under a collaborative agreement with a collaborating physician shall disclose and display in his or her office a writing that clearly identifies the name and license number of the collaborating physician as defined under this chapter 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 non-physician health care practitioner practicing under a collaborative agreement with a collaborating physician must post conspicuously in their office the name and specific licensure of the collaborating physician and the regularly scheduled hours that 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 non-physician 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 collaboration 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.

( * * *46) 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 3. 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, * * * ~~2025~~ 2027.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.