Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2873
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 41-41-3, Mississippi Code of 1972, is amended as follows:
41-41-3. (1) For the purpose of this section, the terms health-care institution or health-care provider, unemancipated minor and surrogate shall have the meanings as defined in Section 41-41-203.
( * * *2) Except as provided by subsection
(3) of this section, it is * * * recognized and established that * * * a health-care
institution or health-care provider may provide health care that is not
prohibited by law * * *
for an unemancipated minor only after
first obtaining the consent of a parent with joint or separate legal custody of
the minor, a guardian of the minor, or the minor's surrogate. If a parent with
joint or separate legal custody of the minor, a guardian of the minor, or the
minor's surrogate has not consented or denied consent within seven (7) days
after the first attempt by the health-care provider or health-care institution
to contact the parent, guardian or surrogate at the last known telephone number
or their telephone number provided by the minor or the minor's custodian, or if
there is no known telephone number, twenty-one (21) days after mailing a
request for consent to the parent's, guardian's or surrogate's last known
address or their address provided by the minor or minor's custodian, which
attempts shall be evidenced by verified documentation, then any one (1) of the
following persons who are reasonably available, in descending order of
priority, is authorized and empowered to consent on behalf of the minor:
(a) The minor's custodian;
(b) The minor's adult brother or sister; or
(c) The minor's grandparent.
* * *
(3) The consent required by subsection (2) of this section shall not be required:
(a) In any circumstance regarding a person with mental illness as governed by Sections 41-21-61 through 41-21-109;
(b) In an emergency as provided for in Section 41-41-7;
(c) When a judicial consent is obtained pursuant to Section 41-41-9;
(d) In relation to minors age sixteen (16) years or older donating to a blood bank as provided for in Section 41-41-15;
(e) In relation to physicians or hospitals authorizations to test for or diagnose infectious disease as provided for in Section 41-41-16;
(f) In relation to any minor in the custody of the Department of Child Protection Services (CPS) to which CPS consents;
(g) In relation to any inmate lacking the capacity to make health care decisions as provided for in Section 47-5-180;
(h) In relation to the baby drop-off law, Section 43-15-201 et seq.; or
(i) When an athlete is evaluated and treated by an athletic trainer as defined in Section 73-55-3.
( * * *4) Any female, regardless of age or
marital status, is empowered to give consent for herself in connection with
pregnancy or childbirth.
(5) The provisions of this section do not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health care institution.
SECTION 2. (1) A parent, guardian or surrogate of an unemancipated minor may bring suit for any violation of Section 1 of this act and may raise Section 1 of this act as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
(2) An action under this section may be brought, and relief may be granted, without regard to whether the person bringing the action has sought or exhausted available administrative remedies.
(3) Any person who successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, nominal damages, compensatory damages reasonable attorneys' fees and costs, and any other appropriate relief.
(4) Sovereign, governmental and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this section.
SECTION 3. Section 41-41-17, Mississippi Code of 1972, is amended as follows:
41-41-17. * * * Any adult, as defined in Section 41-41-203(a), * * * or emancipated minor,
as defined in Section 41-41-203(e), * * * may consent to
participate as a subject in research if that research is conducted in
accordance with federal law (Title 45 CFR Part 46: Protection of Human
Subjects).
* * *
SECTION 4. Section 41-42-7, Mississippi Code of 1972, is amended as follows:
41-42-7. Contraceptive supplies
and information may not be furnished by physicians to any minor * * * except in compliance with the provisions of Section 41-41-3.
SECTION 5. Section 41-41-13, Mississippi Code of 1972, which provides that a physician or nurse practitioner may treat minors for venereal disease without parental consent, and Section 41-41-14, Mississippi Code of 1972, which provides that a physician or psychologist may treat certain minors for mental or emotional problems caused or related to alcohol or drugs without parental consent, are repealed.
SECTION 6. Section 41-9-69, Mississippi Code of 1972, is brought forward as follows:
41-9-69. (1) Hospital records shall be retained, preserved and properly stored by hospitals for such periods of reasonable duration as may be prescribed in rules and regulations adopted by the licensing agency. Such rules and regulations may provide for different periods of such retention for the various constituent parts of any hospital records, and such rules and regulations may require that an abstract be made of pertinent data from any hospital records that may be retired as provided herein. Such rules and regulations may also provide for different periods of such retention for the various injuries, diseases, infirmities or conditions primarily causing or associated with the hospitalization. However, complete hospital records shall be retained for a period after discharge of the patient of at least (a) seven (7) years in cases of patients discharged at death, except as may be otherwise hereinafter provided; (b) ten (10) years in cases of adult patients of sound mind at the time of discharge, except as may be otherwise hereinafter provided; (c) for the period of minority or other known disability of the patient plus seven (7) additional years, but not to exceed twenty-eight (28) years, in cases of patients under disability of minority or otherwise; or (d) for the period of minority or other known disability of any survivors hereinafter mentioned plus seven (7) additional years, but not to exceed twenty-eight (28) years, in all cases where the patient was discharged at death, or is known by the hospital to have died within thirty (30) days after discharge, and the hospital knows or has reason to believe that such patient or former patient left one or more survivors under disability of minority or otherwise who are or are claimed to be entitled to damages for wrongful death of the patient under Section 11-7-13, or laws amendatory thereof. Upon the expiration of the applicable period of retention, any hospital may retire the hospital record.
(2) X-ray film and any other graphic data may be retired four (4) years after the date of exposure of the X-ray film or creation of the graphic data if the written and signed findings of a radiologist who has read such X-ray film or other professional who has interpreted such graphic data are retained for the same period as other hospital records under the preceding subsection. However, before X-ray film or graphic data is retired, the signature of the patient or his representative consenting to the retirement of X-rays or graphic data shall be on file, or the hospital, by certified letter, return receipt requested, shall advise the patient or his representative of its intent to retire the X-ray film or graphic data. The letter shall be mailed to the last known address of the patient or the patient's representative as reflected in the hospital's records. The patient or his representative shall have sixty (60) days from the date of the hospital's letter to request in writing that the X-ray film or graphic data be maintained by the hospital for the same period as hospital records under the preceding subsection. If such request is received by the hospital within sixty (60) days from the date of its letter, the hospital shall abide by such request. Otherwise, the hospital may retire such X-ray film or graphic data as it chooses.
SECTION 7. Section 73-9-13, Mississippi Code of 1972, is brought forward as follows:
73-9-13. The State Board of Dental Examiners shall each year elect from their number a president, vice president and secretary-treasurer to serve for the coming year and until their successors are qualified. Only dentist members of the board may hold the offices of president and vice president. The board shall have a seal with appropriate wording to be kept at the offices of the board. The secretary and the executive director of the board shall be required to make bond in such sum and with such surety as the board may determine. It shall be the duty of the executive director to keep a complete record of the acts and proceedings of the board and to preserve all papers, documents and correspondence received by the board relating to its duties and office.
The board shall have the following powers and duties:
(a) To carry out the purposes and provisions of the state laws pertaining to dentistry and dental hygiene, and the practice thereof and matters related thereto, particularly Sections 73-9-1 through 73-9-117, together with all amendments and additions thereto.
(b) To regulate the practice of dentistry and dental hygiene and to promulgate reasonable regulations as are necessary or convenient for the protection of the public; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of dentists that conflicts with the prohibitions in Section 73-49-3.
(c) To make rules and regulations by which clinical facilities within institutions, schools, colleges, universities and other agencies may be recognized and approved for the practice of dentistry or of dental hygiene by unlicensed persons therein, as a precondition to their being excepted from the dental practice act and authorized in accordance with Section 73-9-3(g) and (h).
(d) To provide for the enforcement of and to enforce the laws of the State of Mississippi and the rules and regulations of the State Board of Dental Examiners.
(e) To compile at least once each calendar year and to maintain an adequate list of prospective dentist and dental hygienist appointees for approval by the Governor as provided for elsewhere by law.
(f) To issue licenses and permits to applicants when found to be qualified.
(g) To provide for reregistration of all licenses and permits duly issued by the board.
(h) To maintain an up-to-date list of all licensees and permit holders in the state, together with their addresses.
(i) To examine applicants for the practice of dentistry or dental hygiene at least annually.
(j) To issue licenses or duplicates and reregistration/renewal certificates, and to collect and account for fees for same.
(k) To maintain an office adequately staffed insofar as funds are available for the purposes of carrying out the powers and duties of the board.
(l) To provide by appropriate rules and regulations, within the provisions of the state laws, for revoking or suspending licenses and permits and a system of fines for lesser penalties.
(m) To prosecute, investigate or initiate prosecution for violations of the laws of the state pertaining to practice of dentistry or dental hygiene, or matters affecting the rights and duties, or related thereto.
(n) To provide by rules for the conduct of as much board business as practicable by mail, which, when so done, shall be and have the same force and effect as if done in a regular meeting duly organized.
(o) To adopt rules and regulations providing for the reasonable regulation of advertising by dentists and dental hygienists.
(p) To employ, in its discretion, a duly licensed attorney to represent the board in individual cases.
(q) To employ, in its discretion, technical and professional personnel to conduct dental office sedation site visits, administer and monitor state board examinations and carry out the powers and duties of the board.
SECTION 8. Section 73-43-11, Mississippi Code of 1972, is brought forward 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;
(b) Considering applications for licensure;
(c) Conducting examinations for licensure;
(d) Investigating alleged violations of the medical practice act;
(e) Conducting hearings on disciplinary matters involving violations of state and federal law, probation, 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) Perform the duties prescribed by Sections 73-26-1 through 73-26-5; and
(j) Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101.
SECTION 9. This act shall take effect and be in force from and after July 1, 2024.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT A HEALTH-CARE INSTITUTION OR HEALTH-CARE PROVIDER FROM PROVIDING HEALTH CARE FOR AN UNEMANCIPATED MINOR WITHOUT FIRST OBTAINING THE CONSENT OF THE MINOR'S PARENT, GUARDIAN OR SURROGATE; TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE REQUIREMENT OF OBTAINING PARENTAL CONSENT; TO AUTHORIZE A PARENT, GUARDIAN OR SURROGATE OF AN UNEMANCIPATED MINOR TO BRING SUIT FOR ANY VIOLATION OF THIS ACT; TO AMEND SECTIONS 41-41-17 AND 41-42-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 41-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A PHYSICIAN OR NURSE PRACTITIONER MAY TREAT MINORS FOR VENEREAL DISEASE WITHOUT PARENTAL CONSENT, AND SECTION 41-41-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A PHYSICIAN OR PSYCHOLOGIST MAY TREAT CERTAIN MINORS FOR MENTAL OR EMOTIONAL PROBLEMS CAUSED OR RELATED TO ALCOHOL OR DRUGS WITHOUT PARENTAL CONSENT; TO BRING FORWARD SECTIONS 41-9-69, 73-9-13 AND 73-43-11, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.