MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Human Services; Accountability, Efficiency, Transparency
By: Representative Creekmore IV
AN ACT TO AMEND SECTIONS 73-25-1, 73-25-3, 73-25-5, 73-25-14, 73-25-17, 73-25-21, 73-25-23, 73-25-27, 73-25-28, 73-25-29, 73-25-30, 73-25-31, 73-25-32, 73-25-33, 73-25-34, 73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63, 73-25-65, 73-25-83, 73-25-87, 73-25-89 AND 73-25-18, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MEDICAL PRACTICE ACT; TO IDENTIFY INDIVIDUALS TO WHOM THE MEDICAL PRACTICE ACT DOES NOT APPLY; TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO PRACTICE MEDICINE; TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE RENEWAL; TO PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST RETIRED STATUS; TO CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY LICENSE TO PRACTICE MEDICINE; TO CLARIFY PROCEDURES FOR ISSUANCE OF A LICENSE BY RECIPROCITY; 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 CLARIFY THE ACTION OF THE UNLAWFUL PRACTICE OF MEDICINE AND THE AUTHORITY OF THE BOARD TO SEEK INJUNCTIVE RELIEF; TO DELETE A CERTAIN EXCEPTION TO LICENSURE; TO INCLUDE BEHAVIORAL CONDUCT THAT COULD BE ADDRESSED BY TREATMENT TO THE LIST OF REASONS A LICENSEE SHALL BE SUBJECT TO RESTRICTION OF THEIR LICENSE; TO CLARIFY CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW; TO REVISE DISCIPLINARY ACTION THAT THE BOARD IS AUTHORIZED TO TAKE, INCLUDING PLACING A LICENSEE ON PROBATION OR IMPOSING A PUNITIVE FINE; TO PROVIDE THAT A HEARING MUST BE HELD WITHIN 30 DAYS IF THE BOARD DETERMINES THAT A PHYSICIAN'S CONTINUATION OF PRACTICE IS AN IMMEDIATE DANGER; TO EXCLUDE INDIVIDUALS ENGAGED SOLELY IN THE PRACTICE OF MIDWIFERY FROM THE CHAPTER; TO CREATE NEW SECTION 73-43-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI PHYSICIAN HEALTH PROGRAM TO PROVIDE PERFORMANCE STATISTICS TO THE STATE BOARD OF MEDICAL LICENSURE; TO AMEND SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADDITIONAL MEMBERS OF THE BOARD WHO SHALL BE MEMBERS OF THE PUBLIC NOT RELATED TO THE HEALTH CARE INDUSTRY; TO REPEAL SECTIONS 73-25-7, 73-25-9, 73-25-15, 73-25-19, 73-25-25, 73-25-39 AND 73-25-81, MISSISSIPPI CODE OF 1972, WHICH REQUIRE THE STATE BOARD OF MEDICAL LICENSURE TO MEET AT THE CAPITOL AT LEAST ONCE EACH YEAR FOR THE PURPOSE OF EXAMINING APPLICANTS; PROVIDE FOR THE FEE CHARGED BY THE BOARD TO APPLY FOR A LICENSE TO PRACTICE; PROVIDE FOR THE PROCEDURES FOR LOST MEDICAL LICENSES; PROVIDE FOR CERTAIN PROVISIONS RELATED TO NONRESIDENT PHYSICIANS; PROVIDE FOR CERTAIN PROCEDURES FOR THOSE DESIRING TO PRACTICE OSTEOPATHIC MEDICINE IN THE STATE; ALLOW THE BOARD TO CONTRACT FOR THE ACQUISITION OF BOOKS AND OTHER RECORDS; AND PROVIDE A TECHNICAL REFERENCE TO THE BOARD; TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 73-15-3, 73-15-9, 73-15-29 AND 41-21-131, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PRACTICE OF NURSING, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 73-15-5 AND 73-15-20, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTIFIED REGISTERED NURSE ANESTHETISTS WHO HAVE COMPLETED NOT LESS THAN 8,000 CLINICAL PRACTICE HOURS ARE EXEMPT FROM MAINTAINING A COLLABORATIVE/CONSULTATIVE RELATIONSHIP WITH A LICENSED PHYSICIAN OR DENTIST; TO PROVIDE THAT CERTIFIED REGISTERED NURSE ANESTHETISTS MAY APPLY HOURS WORKED BEFORE THE EFFECTIVE DATE OF THIS ACT TO FULFILL THE CLINICAL PRACTICE HOUR REQUIREMENT; TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST ASSISTANTS BY THE STATE BOARD OF MEDICAL LICENSURE; TO DEFINE CERTAIN TERMS; TO PROVIDE THAT THE BOARD SHALL REVIEW AND DETERMINE THE QUALIFICATIONS OF PERSONS APPLYING FOR A LICENSE TO PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT; TO PROVIDE THE POWERS OF THE BOARD REGARDING LICENSURE OF ANESTHESIOLOGIST ASSISTANTS AND PRESCRIBE THE QUALIFICATIONS FOR LICENSURE; TO AUTHORIZE THE BOARD TO ISSUE TEMPORARY LICENSES; TO PROVIDE THAT ANESTHESIOLOGIST ASSISTANTS MAY ASSIST IN THE PRACTICE OF MEDICINE ONLY UNDER THE SUPERVISION OF AN ANESTHESIOLOGIST; TO PROVIDE THAT ANESTHESIOLOGIST ASSISTANTS MAY PERFORM ONLY THOSE DUTIES DELEGATED TO THEM BY A SUPERVISING ANESTHESIOLOGIST; TO PROVIDE THAT A SUPERVISING ANESTHESIOLOGIST SHALL DELEGATE TO AN ANESTHESIOLOGIST ASSISTANT ANY DUTIES REQUIRED TO DEVELOP AND IMPLEMENT A COMPREHENSIVE ANESTHESIA CARE PLAN FOR A PATIENT; TO AUTHORIZE THE BOARD TO REVOKE LICENSES AND TAKE OTHER DISCIPLINARY ACTION AGAINST LICENSEES AND TO REINSTATE LICENSES AFTER REVOCATION; TO PROHIBIT PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT WITHOUT A LICENSE, AND PROVIDE A CRIMINAL PENALTY FOR PERSONS CONVICTED OF UNAUTHORIZED PRACTICE; 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:
(a) "Practice of medicine" or "practice medicine" means the practice of allopathic and osteopathic medicine; however, nothing in this chapter shall apply to individuals engaged solely in the practice of midwifery;
(b) "Physician" means a medical doctor or a doctor of osteopathic medicine; and
(c) "Board" means the State Board of Medical Licensure.
(2) Every person who desires to practice medicine must first obtain a license to do so from the 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.
(3) This chapter shall not apply to the following individuals:
(a) Students while engaged in training in a medical school approved or recognized by the board, unless the board licenses the student;
(b) Persons who are providing services in cases of emergency where no fee or other consideration is contemplated, charged or received by the physician or anyone on behalf of the physician;
(c) Commissioned medical officers of the Armed Forces of the United States, medical officers of the United States Public Health Service or medical officers of the United States Department of Veterans Affairs in the discharge of their official duties within federally controlled facilities, subject to the following:
(i) Such persons who hold medical licenses in the state shall be subject to the provisions of this chapter;
(ii) Such persons must be fully licensed to practice medicine in one or more jurisdictions of the United States; and
(iii) Such a military physician shall be subject to the Military Health System Clinical Quality Assurance (CQA) Program, 10 USC Section 1094 and DoD Instruction 6025.13.
(d) Persons who are practicing dentistry, nursing, optometry, podiatry, psychology, as a chiropractor, as a veterinarian, as a physician assistant or practicing any other of the healing arts in accordance with and as provided by the laws of the state and within their respective scope of practice;
(e) Persons who are practicing the tenants of a religion or ministering religious-based medical procedure or ministering to the sick or suffering by mental or spiritual means in accordance with such tenants;
(f) A person who is administering a lawful domestic or family remedy to a member of his or her own family;
(g) Persons who are fully licensed to practice medicine in another jurisdiction of the United States who briefly render emergency medical treatment or briefly provide critical medical service at the specific lawful direction of a medical institution or a federal agency that assumes full responsibility for the treatment or service and is approved by the state medical board; and
(h) Athletic team physicians as defined by Sections 73-25-121 through 73-25-127; and
(i) Persons who are engaged solely in the practice of midwifery.
(4) For the purpose of this chapter, the practice of medicine is determined to occur where the patient is located in order that the full resources of the state are available for the protection of that patient.
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 State Board of Medical Licensure * * *.
If the applicant is found by the board, upon examination, to possess sufficient * * * qualifications, the board
shall issue * * * the applicant a license to practice
medicine; however, no applicant shall be granted a license unless the applicant
holds a diploma from a * * * medical college or
college of osteopathic medicine * * * 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 * * * require a form signed
by the applicant consenting to the check of the criminal records and to the use
of the fingerprints or other biometrics, 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 require.
Each application or filing made under this section shall include the active and valid social security number(s) of the applicant in accordance with Section 93-11-64.
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 * * *
board * * * 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) * * *. A portion of * * * the
fee shall be used to support a program to aid impaired * * * licensees. * * * Upon receipt of the application and fee, 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.
(2) * * *
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.
(3) * * * A physician who wishes to retain his
or her license but not actively practice medicine may request "retired status"
for the license by submitting the proper paperwork as prescribed by the board
with the renewal fee. A physician holding a retired status medical license is
exempt from license renewal and from continuing medical education
requirements. A licensed retired 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.
(4) 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.
* * *
SECTION 5. Section 73-25-17, Mississippi Code of 1972, is amended as follows:
73-25-17. (1) * * * The executive
officer of the * * * board * * *
may issue * * * a temporary license to
practice medicine * * * in compliance with the rules
and regulations of the board, provided that such license shall not exceed
fourteen (14) days for a physician who does not plan to study or practice in
the state permanently. The executive director may issue a temporary license to
practice medicine for up to one (1) year if the applicant is a person in an
internship, residency or fellowship program created through the Office of
Mississippi Physician Workforce or accredited through the Accreditation Council
for Graduate Medical Education. * * * Any extension may only be granted by the
executive committee. The temporary license of a person enrolled in any * * * Accreditation Council for
Graduate Medical Education (ACGME), residency or fellowship program within
the state, * * * may be renewed annually for the duration of the
internship, residency or fellowship program for a period not to exceed * * *
eight (8) 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.
* * *
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 * * * 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 * * * 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 73-25-21, Mississippi Code of 1972, is amended as follows:
73-25-21. * * * The issuance of a
license by reciprocity to a military-trained applicant, military spouse or
person who establishes residence in this state shall be subject to the
provisions of Section 73-50-1 or 73-50-2, as applicable.
SECTION 8. Section 73-25-23, Mississippi Code of 1972, is amended as follows:
73-25-23. The State Board
of Medical Licensure is * * * 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 * * * board * * *. The application shall
be made on a form prescribed by the board * * * 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 * * * board * * * is * * * authorized to establish minimum
standards of qualifications including moral, experience and proficiency for
such applicants. * * * Upon review of the
application, and upon the satisfaction of all requirements set forth by the
board, the board may issue a limited institutional license to practice
medicine.
* * *
Such license shall be for
one (1) year and shall be in such form as the * * * board * * * 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 * * *
board * * * considers necessary. A graduate of a foreign medical
school so licensed may hold such limited institutional license no longer than * * * eight
(8) years. * * * In
addition, the * * *
board * * *, in its discretion, may waive the * * *
eight-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 * * * board * * * is * * * authorized, in its discretion, to
refuse to renew, or to revoke such limited license if the holder of such license * * * fails to apply for a
regular license.
The * * * board * * * 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.
* * *
SECTION 9. Section 73-25-27, Mississippi Code of 1972, is amended as follows:
73-25-27. * * * With respect to any licensee of the State Board of
Medical Licensure, after notice and opportunity for a hearing to such licensee,
the board may take one or more of the actions authorized in Section 73-25-87
for any of the grounds enumerated in Section 73-25-29. 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 * * * certified mail or personal
service setting forth the particular reasons for the proposed action and fixing
a date not less than thirty (30) days * * * from the date of the mailing or the service, at which time the * * * licensee
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 * * *
licensee, 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 * * * licensee. At the hearing the * * *
licensee may appear by counsel and personally in his or her 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 or her 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 * * * licensee, 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 * * * certified mail or served
personally upon the * * * licensee. * * *
For the purpose of
conducting investigations, the board, through its executive director,
may issue subpoenas to any individual * * * 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 * * *
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 at hearings, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. No depositions shall be taken in preparation for matters to be heard by the board. 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 * * * 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. * * *
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 State Board of Medical Licensure, to suspend, revoke and
reinstate licenses and to cancel registrations under the provisions of Section
41-29-311.
SECTION 10. 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 * * * licensee is being
considered by the State Board of Medical Licensure, the executive * * * director
of the board, or its investigators * * *, upon reasonable cause as defined below, may enter, at
a time convenient to all parties, any hospital, clinic, surgical center,
office of a * * *
licensee or emergency care facility to inspect and copy patient records,
charts, emergency room records or any other document * * * that would assist the board in
its investigation of a * * * licensee. Reasonable cause shall be demonstrated
by allegations of violations of state law or the Administrative Code,
including 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 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 * * * director and/or 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, * * *. 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, * * * 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 11. 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 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 or her 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 or her name by use of his or her 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 provides 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 or any successor federal 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 or any successor federal 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.
(17) Violation(s) of any provision of Title 41, Chapter 141, Mississippi Code of 1972.
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.
A physician who provides a written certification as authorized under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not be subject to any disciplinary action under this section solely due to providing the written certification.
SECTION 12. Section 73-25-30, Mississippi Code of 1972, is amended as follows:
73-25-30. (1) The * * * 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 * * *
.
(2) Upon the execution of a
disciplinary order by the board, either following a hearing or in lieu of a
hearing, the board * * * 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 costs
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 * * * Twenty-Five
Thousand Dollars ($25,000.00).
(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 13. Section 73-25-31, Mississippi Code of 1972, is amended as follows:
73-25-31. Every order and
judgment of the board shall take effect immediately on its promulgation unless
the board in such order or judgment fixes a probationary period for * * *
licensee. Such order and judgment shall continue in effect unless upon
appeal the court by proper order or decree terminates it earlier. The board
may make public its orders and judgments in such manner and form as it deems
proper. * * * Any decision of the
board must be appealed to the chancery court under the provisions of this
section within thirty (30) days after being so mailed or served. The appeal
period may not be extended. 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.
SECTION 14. Section 73-25-32, Mississippi Code of 1972, is amended as follows:
73-25-32. (1) A person
whose license to practice * * * has
been * * * suspended or previously
surrendered may petition the * * * 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 * * *
suspension or surrender. A person whose license to practice has been
revoked may petition the board to reinstate his or her license after a period
of not less than three (3) years, but not greater than five (5) years, has
elapsed from the date of the revocation, except as otherwise authorized under
subsection (5) of this section. 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 may be heard at the next regular meeting of
the board * * * 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 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 * * * 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 * * * may investigate and
consider all activities of the petitioner since the disciplinary action was
taken * * *,
the offense for which he or she was disciplined, his or her
activity during the time * * * the
petitioner was in good standing, his general reputation for truth, professional
ability and good character; and * * *
require the petitioner to * * * pass an oral examination submit to a 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) (a) Notwithstanding any other provision of this chapter, a person whose license to practice was revoked, suspended or voluntarily surrendered due to a criminal conviction that was not related to the practice of medicine and did not involve a crime of violence as defined under Section 97-3-2 shall be entitled to a presumption of reinstatement upon petition, provided that:
(i) At least five (5) years have elapsed since the date of revocation, suspension or voluntary surrender;
(ii) The petitioner has completed all terms of sentencing, including probation and parole, if applicable;
(iii) The petitioner has maintained compliance with all continuing medical education (CME) requirements necessary for reinstatement; and
(iv) No additional criminal convictions or disciplinary actions related to medical practice have occurred during the period of ineligibility.
(b) The board may only deny reinstatement if clear and convincing evidence establishes that the petitioner poses a current and substantial risk to patient safety or public welfare.
(c) Any person whose petition for reinstatement is denied under this section shall be entitled to a hearing before the board and may seek judicial review of the board's decision in the manner provided in Section 73-25-27.
(d) Nothing in this section shall be construed to limit the board's authority to impose reasonable conditions on reinstatement, including participation in monitoring programs or additional training, as deemed necessary.
SECTION 15. Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. (1) The practice
of medicine shall mean * * * one (1) or more of the following,
provided that nothing in this chapter shall be construed to limit duly licensed
health care professionals from providing medical services within the scope of
their authorizing license:
(a) 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;
(b) 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;
(c) 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;
(d) 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 licensed under this chapter; or
(e) Performing any kind of surgical operation upon another person.
(2) Nothing in this section shall be construed to prohibit, sanction, or to require a license with respect to any of the following:
The practice of the following doctors as defined by the laws of this state. Furthermore, this chapter is not intended to limit, restrict, enlarge, or alter the medical and/or surgical privileges and practice of the following professions as provided by the laws of this state:
(a) Dentistry (DDS or DMD);
(b) Optometry (OD);
(c) Chiropractic (DC); or
(d) Veterinarian (DVM) or (VDM).
(3) Nothing in this section shall be construed to prohibit, sanction or punish licensed nurses, nurse practitioners or advanced practice registered nurses who are practicing within their scope of practice.
( * * *4) The practice of medicine shall
not mean to provide gender transition procedures for any person under eighteen
(18) years of age * * *.
( * * *5) For purposes of this section,
"gender transition procedures" means the same as defined in Section
41-141-3.
(6) The board may, for the purposes of this chapter, issue cease and desist orders to any person(s) it has probable cause to believe is practicing medicine without first obtaining a license. Thereafter, and in addition to any other civil remedy or criminal penalty provided for by law, or in lieu thereof, the board shall be authorized to seek injunctive relief and/or imposition of civil penalties against the unlawful practice of medicine, provided that the venue for any such action shall be the Chancery Court for the First Judicial District of Hinds County. Civil penalties from such actions shall be no less than One Thousand Dollars ($1,000.00) and no more than Twenty-Five Thousand Dollars ($25,000.00) for each offense. The court may also award the prevailing party court costs and reasonable attorney fees and, if the board prevails, may also award reasonable costs of investigation and prosecution.
Any monetary penalty or assessment levied against an illegal practitioner under this section shall be paid to the state 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 court under this section shall be deposited to the credit of the State General Fund. Any monies collected for investigation and prosecution by the board shall be deposited into the special fund of the board.
SECTION 16. Section 73-25-34, Mississippi Code of 1972, is amended as follows:
73-25-34. (1) For the purposes of this section, telemedicine, or the practice of medicine across state lines, shall be defined to include any one (1) or both of the following:
(a) Rendering of a medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his or her agent; or
(b) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his or her agent.
(2) Except as hereinafter
provided, no person shall engage in the practice of medicine across state lines
(telemedicine) in this state, hold himself or herself out as qualified
to do the same, or use any title, word or abbreviation to indicate to or induce
others to believe that he or she is duly licensed to practice medicine
across state lines in this state unless he or she has first obtained a
license to do so from the State Board of Medical Licensure and
has met all educational and licensure requirements as determined by the * * * board * * *.
* * *
SECTION 17. Section 73-25-53, Mississippi Code of 1972, is amended as follows:
73-25-53. * * * Any person holding
a professional license from the State Board of Medical Licensure 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 * * *; and
(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 * * * licensee is unable to
practice medicine with reasonable skill and safety to patients because of a
condition described in Section 73-25-53, * * *
the board * * * shall cause an examination
of such * * * 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 * * * licensee
under this section shall be conducted by an examining committee. * * *
The members of the examining committee shall be
designated by the Medical Director of the Mississippi Physician Health Program
(MPHP), and shall include three (3) practicing physicians and 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 pursuant to referral by the
board under Section 73-25-55 shall conduct an examination of such * * * licensee
for the purpose of determining the * * * 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 * * * licensee
to appear before the committee for examination and give him or her 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 * * * licensee either personally or
by registered or certified mail with return receipt requested.
(2) If the examining
committee, in its discretion, * * * deems an independent mental or
physical examination of the * * * licensee
necessary to its determination of the fitness of the * * * licensee
to practice, the committee shall order the * * * licensee
to submit to such examination. Any person licensed to practice medicine in
this state 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 * * * licensee ordered to an
examination before the committee under subsection (2) shall be entitled to an
independent mental or physical examination if * * * the
licensee makes request therefor.
(3) Any * * * 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 * * * 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 or
upon the withdrawal of advocacy by the Mississippi Physician Health Program
(MPHP) or successor entity, shall be reported by the committee or MPHP
to the board, and unless due to circumstances beyond the control of the * * * licensee,
shall be grounds for suspension by the board of the * * * licensee's
license to practice medicine in this state until such time as such * * * licensee
has complied with the order of the committee, or regained advocacy from MPHP.
(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 * * * licensee
may request in writing to the board a restriction of his or her license
to practice * * *.
The board may grant such request for restriction and shall have authority, if
it deems appropriate, to attach conditions to the licensure * * * 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 * * * licensee under Section 73-25-57,
the determination of the committee as to the fitness of the * * * 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 * * * licensee
to continue to practice with or without any restriction on his or her
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 * * * licensee
under Section 73-25-59 * * *, any * * * 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 * * * licensee under
Sections 73-25-51 through 73-25-67 by serving upon such physician 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, or a copy of
the official notice from MPHP withdrawing advocacy. Such notice and
reports shall be served upon the * * * licensee
either personally or by * * * certified
mail with return receipt requested.
(2) At * * * the hearing the * * * licensee
shall have the right to be present, to be represented by counsel, to produce
witnesses or evidence in his or her 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 * * * licensee
submit to the care, counseling or treatment by physicians acceptable to the
board * * *;
(b) Suspend or
restrict the license of the * * * licensee
to practice medicine for the duration of his or her impairment * * *; or
(c) Revoke the license
of the * * * licensee to practice medicine.
(4) The board may
temporarily suspend the license of any * * * licensee
without a hearing, simultaneously with the institution of proceedings for a
hearing under this section, if it finds that the evidence * * *
is clear, competent and unequivocal and that his or her 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 * * * licensee
may be used against him or her 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 * * * 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 reinstatement of his or her
license and to demonstrate that he or she 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 * * * 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 * * * licensee
to resume his or her practice.
(2) All orders of the board
entered under Section 73-25-63(3) * * * or (4) shall be subject to judicial
review by appeal to the chancery court of the county of the residence of the * * *
licensee involved
against whom the order is rendered, within twenty (20) days following the date
of entry of the order, * * * the appeal to be taken and perfected in the same manner
as appeals from orders of boards of supervisors.
SECTION 24. Section 73-25-83, Mississippi Code of 1972, is amended as follows:
73-25-83. The board shall have authority to deny an application for licensure or other authorization to practice medicine in this state and to discipline a physician licensed or otherwise lawfully practicing within this state who, after a hearing, has been adjudged by the board as unqualified due to one or more of the following reasons:
(a) Unprofessional conduct as defined in the physician licensure and disciplinary laws, pursuant to Section 73-25-29;
(b) Professional incompetency in the practice of medicine or surgery; or
(c) Having
disciplinary action taken by his or her peers within any professional
medical association or society, whether any such association or society is
local, regional, state or national in scope, or being disciplined by a * * * hospital or medical staff of * * * the hospital, or the voluntary
surrender or restriction of hospital staff privileges while an investigation or
disciplinary proceeding is being conducted by a licensed hospital or medical
staff or medical staff committee of * * * the hospital. Provided further,
anybody taking action as set forth in this paragraph shall report such action
to the board within thirty (30) days of its occurrence.
SECTION 25. Section 73-25-87, Mississippi Code of 1972, is amended as follows:
73-25-87. (1) Whenever the board finds any person unqualified because of any of the grounds set forth in this chapter, or in violation of any of the grounds set forth in Section 73-25-83, it may enter an order imposing one or more of the following:
(a) Deny * * * an
application for a license or other authorization to practice medicine;
(b) Administer a public or private reprimand;
(c) Suspend, limit or
restrict * * * 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 * * * a
license or other authorization to practice medicine;
(e) Require * * * 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 * * * a
licensee to participate in a program of education prescribed by the board; * * *
(g) Require * * * 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;
(i) In lieu of suspension, 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; or,
(j) Take any other action which the board deems necessary.
By July 1, 2026, the board shall create and implement a penalty matrix in its rules and regulations to guide the board's decisions for appropriate penalties for violations, and which shall be available to the public. For purposes of this subsection, a penalty matrix shall be guidelines that recommend specific disciplinary actions based on a weighing of specific violations and the mitigating factors of a case, such as the severity of violations, disciplinary history of the respondent licensee, and degree of patient injury, if applicable, and seek to create more consistent and predictable outcomes to disciplinary hearings.
SECTION 26. Section 73-25-89, Mississippi Code of 1972, is amended as follows:
73-25-89. If the board
determines that evidence in its possession indicates that a physician's
continuation in practice or unrestricted practice would constitute an immediate
danger to the public, the board may take any of the same actions on a temporary
basis, without a hearing, which it could otherwise take under Sections 73-25-81
through 73-25-95 following a hearing, provided proceedings for a hearing before
the board are initiated simultaneously with such temporary action without a
hearing. Provided, further, that in the event of such temporary action without
a hearing, a hearing must be held within * * *
thirty (30) days of such action.
SECTION 27. Section 73-43-3, Mississippi Code of 1972, is amended as follows:
73-43-3. (1) The State Board of Medical Licensure shall consist of nine (9) physicians. Each of the physicians shall have graduated from a medical school which has been accredited by the liaison committee on medical education as sponsored by the American Medical Association and the Association of American Medical Colleges or from an osteopathic medical school which has been accredited by the Bureau of Professional Education of the American Osteopathic Association, and have at least six (6) years' experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court district.
(2) Three (3) physicians
shall be nominated to the Governor for each appointive position by the
Mississippi State Medical Association; and * * * those nominations shall give due
regard to geographic distribution, race and sex. The Governor shall appoint
from * * * those
nominations the members of the board with the advice and consent of the Senate,
but may also select nominees who are not nominated by the Mississippi State
Medical Association and satisfy the requirements of this section. 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.
(3) In addition to the physician board members, there shall be three (3) members appointed by the Governor, with the advice and consent of the Senate, who shall be members of the public not related to the health care industry. No more than one (1) consumer member shall be from each Supreme Court District as they exist on January 1, 2025. The initial term of office for the member appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years; the initial term of office for the member appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years; and the initial term of office for the member appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years. The six-year terms shall be from the expiration date of the previous terms.
SECTION 28. The following shall be codified as Section 73-43-19, Mississippi Code of 1972:
73-43-19. The State Board of Medical Licensure shall be provided with annual performance statistics from the Mississippi Physician's Health Program or its successor entity, which shall be available to the board and the public. These statistics shall not include information that constitutes personally identifiable information or protected health information of program participants, but instead shall include general statistics that can be used to evaluate the program's effectiveness. The board shall have the authority to request and, if necessary, conduct performance audits of any additional information the board deems appropriate, which shall also be made public as long as the information does not include personal identifiable information or protected health information of program participants.
SECTION 29. Sections 73-25-7, 73-25-9, 73-25-15, 73-25-19, 73-25-25, 73-25-39, and 73-25-81, which relate to the regulation of the practice of medicine in the State of Mississippi, shall stand repealed.
SECTION 30. Section 99-19-35, Mississippi Code of 1972, is amended as follows:
99-19-35. A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, unless after full pardon for the same, or, in the case of a person seeking reinstatement to the practice of medicine, after being reinstated to the practice of medicine by the Board of Medical Licensure under Section 73-25-32.
SECTION 31. Section 73-15-3, Mississippi Code of 1972, is brought forward as follows:
73-15-3. In order to safeguard life and health, any person practicing or offering to practice as a registered nurse or a licensed practical nurse in Mississippi for compensation shall hereafter be required to submit evidence of qualifications to practice and shall be licensed or hold the privilege to practice as hereinafter provided. It shall be unlawful for any person not licensed or holding the privilege to practice under the provisions of this article:
(a) To practice or offer to practice as a registered nurse or a licensed practical nurse;
(b) To use a sign, card or device to indicate that such person is a registered nurse or a licensed practical nurse.
Any person offering to practice nursing in Mississippi must be licensed or otherwise authorized to practice as provided in this article.
SECTION 32. Section 73-15-5, Mississippi Code of 1972, is amended as follows:
73-15-5. (1) "Board" means the Mississippi Board of Nursing.
(2) The "practice of nursing" by a registered nurse means the performance for compensation of services which requires substantial knowledge of the biological, physical, behavioral, psychological and sociological sciences and of nursing theory as the basis for assessment, diagnosis, planning, intervention and evaluation in the promotion and maintenance of health; management of individuals' responses to illness, injury or infirmity; the restoration of optimum function; or the achievement of a dignified death. "Nursing practice" includes, but is not limited to, administration, teaching, counseling, delegation and supervision of nursing, and execution of the medical regimen, including the administration of medications and treatments prescribed by any licensed or legally authorized physician or dentist. The foregoing shall not be deemed to include acts of medical diagnosis or prescriptions of medical, therapeutic or corrective measures, except as may be set forth by rules and regulations promulgated and implemented by the Mississippi Board of Nursing.
(3) "Clinical nurse specialist practice" by a certified clinical nurse specialist means the delivery of advanced practice nursing care to individuals or groups using advanced diagnostic and assessment skills to manage and improve the health status of individuals and families; diagnose human responses to actual or potential health problems; plan for health promotion, disease prevention, and therapeutic intervention in collaboration with the patient or client; implement therapeutic interventions based on the nurse specialist's area of expertise and within the scope of advanced nursing practice, including, but not limited to, direct patient care, counseling, teaching, collaboration with other licensed health care providers; and, coordination of health care as necessary and appropriate and evaluation of the effectiveness of care.
(4) "Advanced nursing practice" means, in addition to the practice of professional nursing, the performance of advanced-level nursing approved by the board which, by virtue of graduate education and experience are appropriately performed by an advanced practice registered nurse. The advanced practice registered nurse may diagnose, treat and manage medical conditions. This may include prescriptive authority as identified by the board. Except as otherwise authorized in Section 73-15-20(3), advanced practice registered nurses must practice in a collaborative/consultative relationship with a physician or dentist with an unrestricted license to practice in the State of Mississippi and advanced nursing must be performed within the framework of a standing protocol or practice guidelines, as appropriate.
(5) The "practice of nursing" by a licensed practical nurse means the performance for compensation of services requiring basic knowledge of the biological, physical, behavioral, psychological and sociological sciences and of nursing procedures which do not require the substantial skill, judgment and knowledge required of a registered nurse. These services are performed under the direction of a registered nurse or a licensed physician or licensed dentist and utilize standardized procedures in the observation and care of the ill, injured and infirm; in the maintenance of health; in action to safeguard life and health; and in the administration of medications and treatments prescribed by any licensed physician or licensed dentist authorized by state law to prescribe. On a selected basis, and within safe limits, the role of the licensed practical nurse shall be expanded by the board under its rule-making authority to more complex procedures and settings commensurate with additional preparation and experience.
(6) A "license" means an authorization to practice nursing as a registered nurse or a licensed practical nurse designated herein.
(7) A "registered nurse" is a person who is licensed or holds the privilege to practice under the provisions of this article and who practices nursing as defined herein. "RN" is the abbreviation for the title of Registered Nurse.
(8) A "licensed practical nurse" is a person who is licensed or holds the privilege to practice under this article and who practices practical nursing as defined herein. "LPN" is the abbreviation for the title of Licensed Practical Nurse.
(9) A "registered nurse in clinical practice" is one who functions in any health care delivery system which provides nursing services.
(10) A "clinical nurse specialist" is a person who is licensed or holds the privilege to practice under this article in this state to practice professional nursing and who in this state practices advanced nursing as defined herein. "CNS" is the abbreviation for the title of Clinical Nurse Specialist.
(11) An "advanced practice registered nurse" is a person who is licensed or holds the privilege to practice under this article and who is certified in advanced practice registered nurse or specialized nursing practice and includes certified registered nurse midwives, certified registered nurse anesthetists and certified nurse practitioners. "CNM" is the abbreviation for the title of Certified Nurse Midwife, "CRNA" is the abbreviation for the title of Certified Registered Nurse Anesthetist. "CNP" is the abbreviation for the title of Certified Nurse Practitioner.
(12) A "nurse educator" is a registered nurse who meets the criteria for faculty as set forth in a state-accredited program of nursing for registered nurses, or a state-approved program of nursing for licensed practical nurses, and who functions as a faculty member.
(13) A "consumer representative" is a person representing the interests of the general public, who may use services of a health agency or health professional organization or its members but who is neither a provider of health services, nor employed in the health services field, nor holds a vested interest in the provision of health services at any level, nor has an immediate family member who holds vested interests in the provision of health services at any level.
(14) "Privilege to practice" means the multistate licensure privilege to practice nursing in the state as described in the Nurse Licensure Compact provided for in Section 73-15-201.
(15) "Licensee" is a person who has been issued a license to practice nursing in the state or who holds the privilege to practice nursing in the state.
SECTION 33. Section 73-15-9, Mississippi Code of 1972, is brought forward as follows:
73-15-9. (1) There is hereby created a board to be known as the Mississippi Board of Nursing, composed of thirteen (13) members, two (2) of whom shall be nurse educators; three (3) of whom shall be registered nurses in clinical practice, two (2) to have as basic nursing preparation an associate degree or diploma and one (1) to have as basic nursing preparation a baccalaureate degree; one (1) of whom shall be a registered nurse at large; one (1) of whom shall be a registered nurse practitioner; four (4) of whom shall be licensed practical nurses; one (1) of whom shall be a licensed physician who shall always be a member of the State Board of Medical Licensure; and one (1) of whom shall represent consumers of health services. There shall be at least one (1) board member from each congressional district in the state; provided, however, that the physician member, the consumer representative member and one (1) registered nurse member shall be at large always.
(2) Members of the Mississippi Board of Nursing, excepting the member of the State Board of Medical Licensure, shall be appointed by the Governor, with the advice and consent of the Senate, from lists of nominees submitted by any Mississippi registered nurse organization and/or association chartered by the State of Mississippi whose board of directors is elected by the membership and whose membership includes registered nurses statewide, for the nomination of registered nurses, and by the Mississippi Federation of Licensed Practical Nurses and the Mississippi Licensed Practical Nurses' Association for the nomination of a licensed practical nurse. Nominations submitted by any such registered nurse organization or association to fill vacancies on the board shall be made and voted on by registered nurses only. Each list of nominees shall contain a minimum of three (3) names for each vacancy to be filled. The list of names shall be submitted at least thirty (30) days before the expiration of the term for each position. If such list is not submitted, the Governor is authorized to make an appointment from the group affected and without nominations. Appointments made to fill vacancies for unexpired terms shall be for the duration of such terms and until a successor is duly appointed.
(3) Members of the board shall be appointed in staggered terms for four (4) years or until a successor shall be duly qualified. No member may serve more than two (2) consecutive full terms. Members of the board serving on July 1, 1988, shall continue to serve for their appointed terms.
(4) Vacancies occurring by reason of resignation, death or otherwise shall be filled by appointment of the Governor upon nominations from a list of nominees from the affected group to be submitted within not more than thirty (30) days after such a vacancy occurs. In the absence of such list, the Governor is authorized to fill such vacancy in accordance with the provisions for making full-term appointments. All vacancy appointments shall be for the unexpired terms.
(5) Any member may be removed from the board by the Governor after a hearing by the board and provided such removal is recommended by the executive committee of the affected group.
SECTION 34. Section 73-15-20, Mississippi Code of 1972, is amended as follows:
73-15-20. (1) Advanced practice registered nurses. Any nurse desiring to be certified as an advanced practice registered nurse shall apply to the board and submit proof that he or she holds a current license to practice professional nursing and that he or she meets one or more of the following requirements:
(a) Satisfactory completion of a formal post-basic educational program of at least one (1) academic year, the primary purpose of which is to prepare nurses for advanced or specialized practice.
(b) Certification by a board-approved certifying body. Such certification shall be required for initial state certification and any recertification as a registered nurse anesthetist, nurse practitioner or nurse midwife. The board may by rule provide for provisional or temporary state certification of graduate nurse practitioners for a period of time determined to be appropriate for preparing and passing the National Certification Examination. Those with provisional or temporary certifications must practice under the direct supervision of a licensed physician or a certified nurse practitioner or certified nurse midwife with at least five (5) years of experience.
(c) Graduation from a program leading to a master's or post-master's degree in a nursing clinical specialty area with preparation in specialized practitioner skills.
(2) Rulemaking. The board shall provide by rule the appropriate requirements for advanced practice registered nurses in the categories of certified registered nurse anesthetist, certified nurse midwife and advanced practice registered nurse.
(3) Collaboration. (a)
Except as otherwise authorized in paragraph (b) of this subsection (3), an
advanced practice registered nurse shall perform those functions authorized in
this section within a collaborative/consultative relationship with a dentist or
physician with an unrestricted license to practice dentistry or medicine in
this state and within an established protocol or practice guidelines, as
appropriate, that is filed with the board upon license application, license
renewal, after entering into a new collaborative/consultative relationship or
making changes to the protocol or practice guidelines or practice site. The
board shall review and approve the protocol to ensure compliance with
applicable regulatory standards. * * *
(b) Certified registered nurse anesthetists who have completed not less than eight thousand (8,000) clinical practice hours are exempt from maintaining a collaborative/consultative relationship with a licensed physician or dentist as required by paragraph (a) of this subsection (3).
(c) Certified registered nurse anesthetists may apply hours worked before July 1, 2025, to fulfill the clinical practice hour requirements under paragraph (b) of this subsection (3).
(4) Renewal. The board shall renew a license for an advanced practice registered nurse upon receipt of the renewal application, fees and any required protocol or practice guidelines. The board shall adopt rules establishing procedures for license renewals. The board shall by rule prescribe continuing education requirements for advanced practice nurses not to exceed forty (40) hours biennially as a condition for renewal of a license or certificate.
(5) Reinstatement.
Advanced practice registered nurses may reinstate a lapsed privilege to
practice upon submitting documentation of a current active license to practice
professional nursing, a reinstatement application and fee, * * * any required protocol or practice
guidelines, documentation of current certification as an advanced practice
nurse in a designated area of practice by a national certification organization
recognized by the board and documentation of at least forty (40) hours of
continuing education related to the advanced clinical practice of the nurse
practitioner within the previous two-year period. The board shall adopt rules
establishing the procedure for reinstatement.
(6) Changes in status.
* * * An
advanced practice registered nurse who is required to have a
collaborative/consultative relationship with a licensed physician or dentist
shall notify the board immediately regarding changes in the
collaborative/consultative relationship * * *. If
changes leave the advanced practice registered nurse without a board-approved
collaborative/consultative relationship with a physician or dentist, the
advanced practice nurse may not practice as an advanced practice registered
nurse.
(7) Practice requirements. The advanced practice registered nurse shall practice as follows:
(a) According to standards and guidelines of the National Certification Organization.
(b) Except as otherwise authorized in subsection (3) of this section, in a collaborative/consultative relationship with a licensed physician whose practice is compatible with that of the nurse practitioner. Certified registered nurse anesthetists may collaborate/consult with licensed dentists. The advanced practice nurse must be able to communicate reliably with a collaborating/consulting physician or dentist while practicing. Advanced practice registered nurses who are not required to have a collaborative/consultative relationship with a licensed physician or dentist shall collaborate with other health care providers and refer or transfer patients as appropriate.
(c) According to a board-approved protocol or practice guidelines, except as otherwise authorized in subsection (3) of this section.
(d) Advanced practice registered nurses practicing as nurse anesthetists must practice according to board-approved practice guidelines that address pre-anesthesia preparation and evaluation; anesthesia induction, maintenance, and emergence; post-anesthesia care; peri-anesthetic and clinical support functions.
(e) Except as otherwise authorized in subsection (3) of this section, advanced practice registered nurses practicing in other specialty areas must practice according to a board-approved protocol that has been mutually agreed upon by the nurse practitioner and a Mississippi licensed physician or dentist whose practice or prescriptive authority is not limited as a result of voluntary surrender or legal/regulatory order.
(f) Each required collaborative/consultative relationship shall include and implement a formal quality assurance/quality improvement program which shall be maintained on site and shall be available for inspection by representatives of the board. This quality assurance/quality improvement program must be sufficient to provide a valid evaluation of the practice and be a valid basis for change, if any.
(g) Nurse practitioners may not write prescriptions for, dispense or order the use of or administration of any schedule of controlled substances except as contained in this chapter.
(8) Prescribing controlled substances and medications. Certified nurse midwives and certified nurse practitioners may apply for controlled substance prescriptive authority after completing a board-approved educational program. Certified nurse midwives and certified nurse practitioners who have completed the program and received prescription authority from the board may prescribe Schedules II-V. The words "administer," "controlled substances" and "ultimate user," shall have the same meaning as set forth in Section 41-29-105, unless the context otherwise requires. The board shall promulgate rules governing prescribing of controlled substances, including distribution, record keeping, drug maintenance, labeling and distribution requirements and prescription guidelines for controlled substances and all medications. Prescribing any controlled substance in violation of the rules promulgated by the board shall constitute a violation of Section 73-15-29(1)(f), (k) and (l) and shall be grounds for disciplinary action. The prescribing, administering or distributing of any legend drug or other medication in violation of the rules promulgated by the board shall constitute a violation of Section 73-15-29(1)(f), (k) and (l) and shall be grounds for disciplinary action.
SECTION 35. Section 73-15-29, Mississippi Code of 1972, is brought forward as follows:
73-15-29. (1) The board shall have power to revoke, suspend or refuse to renew any license issued by the board, or to revoke or suspend any privilege to practice, or to deny an application for a license, or to fine, place on probation and/or discipline a licensee, in any manner specified in this article, upon proof that such person:
(a) Has committed fraud or deceit in securing or attempting to secure such license;
(b) Has been convicted of a felony, or a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or a crime involving moral turpitude (a certified copy of the judgment of the court of competent jurisdiction of such conviction or pleas shall be prima facie evidence of such conviction);
(c) Has negligently or willfully acted in a manner inconsistent with the health or safety of the persons under the licensee's care;
(d) Has had a license or privilege to practice as a registered nurse or a licensed practical nurse suspended or revoked in any jurisdiction, has voluntarily surrendered such license or privilege to practice in any jurisdiction, has been placed on probation as a registered nurse or licensed practical nurse in any jurisdiction or has been placed under a disciplinary order(s) in any manner as a registered nurse or licensed practical nurse in any jurisdiction, (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action);
(e) Has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice;
(f) Has negligently or willfully violated any order, rule or regulation of the board pertaining to nursing practice or licensure;
(g) Has falsified or in a repeatedly negligent manner made incorrect entries or failed to make essential entries on records;
(h) Is addicted to or dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, or has misappropriated any medication;
(i) Has a physical, mental or emotional condition that renders the licensee unable to perform nursing services or duties with reasonable skill and safety;
(j) Has engaged in any other conduct, whether of the same or of a different character from that specified in this article, that would constitute a crime as defined in Title 97 of the Mississippi Code of 1972, as now or hereafter amended, and that relates to such person's employment as a registered nurse or licensed practical nurse;
(k) Engages in conduct likely to deceive, defraud or harm the public;
(l) Engages in any unprofessional conduct as identified by the board in its rules;
(m) Has violated any provision of this article;
(n) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2025; or
(o) Violation(s) of any provision of Title 41, Chapter 141, Mississippi Code of 1972.
(2) When the board finds any person unqualified because of any of the grounds set forth in subsection (1) of this section, it may enter an order imposing one or more of the following penalties:
(a) Denying application for a license or other authorization to practice nursing or practical nursing;
(b) Administering a reprimand;
(c) Suspending or restricting the license or other authorization to practice as a registered nurse or licensed practical nurse for up to two (2) years without review;
(d) Revoking the license or other authorization to practice nursing or practical nursing;
(e) Requiring the disciplinee to submit to care, counseling or treatment by persons and/or agencies approved or designated by the board as a condition for initial, continued or renewed licensure or other authorization to practice nursing or practical nursing;
(f) Requiring the disciplinee to participate in a program of education prescribed by the board as a condition for initial, continued or renewed licensure or other authorization to practice;
(g) Requiring the disciplinee to practice under the supervision of a registered nurse for a specified period of time; or
(h) Imposing a fine not to exceed Five Hundred Dollars ($500.00).
(3) In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license or privilege to practice 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 or privilege to practice for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or privilege to practice 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 article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(4) If the public health, safety or welfare imperatively requires emergency action and the board incorporates a finding to that effect in an order, the board may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined by the board.
(5) The board may establish by rule an alternative to discipline program for licensees who have an impairment as a result of substance abuse or a mental health condition, which program shall include at least the following components:
(a) Participation in the program is voluntary with the licensee, and the licensee must enter the program before the board holds a disciplinary action hearing regarding the licensee;
(b) The full cost of participation in the program, including the cost of any care, counseling, treatment and/or education received by the licensee, shall be borne by the licensee;
(c) All of the procedures and records regarding the licensee's participation in the program shall be confidential, shall not be disclosed and shall be exempt from the provisions of the Mississippi Public Records Act of 1983; and
(d) A licensee may not participate in the program more often than one (1) time during any period of five (5) years or such longer period as set by the board.
(6) A nurse practitioner who provides a written certification as authorized under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder shall not be subject to any disciplinary action under this section solely due to providing the written certification.
SECTION 36. Section 41-21-131, Mississippi Code of 1972, is brought forward as follows:
41-21-131. As used in Sections 41-21-131 through 41-21-143, the following terms shall have the meanings as defined in this section:
(a) "Crisis Intervention Team" means a community partnership among a law enforcement agency, a community mental health center, a hospital, other mental health providers, consumers and family members of consumers.
(b) "Participating partner" means a law enforcement agency, a community mental health center or a hospital that has each entered into collaborative agreements needed to implement a Crisis Intervention Team.
(c) "Catchment area" means a geographical area in which a Crisis Intervention Team operates and is defined by the jurisdictional boundaries of the law enforcement agency that is the participating partner.
(d) "Crisis Intervention Team officer" or "CIT officer" means a law enforcement officer who is authorized to make arrests under Section 99-3-1 and who is trained and certified in crisis intervention and who is working for a law enforcement agency that is a participating partner in a Crisis Intervention Team.
(e) "Substantial likelihood of bodily harm" means that:
(i) The person has threatened or attempted suicide or to inflict serious bodily harm to himself; or
(ii) The person has threatened or attempted homicide or other violent behavior; or
(iii) The person has placed others in reasonable fear of violent behavior and serious physical harm to them; or
(iv) The person is unable to avoid severe impairment or injury from specific risks; and
(v) There is substantial likelihood that serious harm will occur unless the person is placed under emergency treatment.
(f) "Single point of entry" means a specific hospital that is the participating partner in a Crisis Intervention Team and that has agreed to provide psychiatric emergency services and triage and referral services.
(g) "Psychiatric emergency services" means services designed to reduce the acute psychiatric symptoms of a person who is mentally ill or a person who has an impairment caused by drugs or alcohol and, when possible, to stabilize that person so that continuing treatment can be provided in the local community.
(h) "Triage and referral services" means services designed to provide evaluation of a person with mental illness or a person who has an impairment caused by drugs or alcohol in order to direct that person to a mental health facility or other mental health provider that can provide appropriate treatment.
(i) "Comprehensive psychiatric emergency service" means a specialized psychiatric service operated by the single point of entry and located in or near the hospital emergency department that can provide psychiatric emergency services for a period of time greater than can be provided in the hospital emergency department.
(j) "Extended observation bed" means a hospital bed that is used by a comprehensive psychiatric emergency service and is licensed by the State Department of Health for that purpose.
(k) "Psychiatric nurse practitioner" means a registered nurse who has completed the educational requirements specified by the State Board of Nursing, has successfully passed either the adult or family psychiatric nurse practitioner examination and is licensed by the State Board of Nursing to work under the supervision of a physician at a single point of entry following protocols approved by the State Board of Nursing.
(l) "Psychiatric physician assistant" means a physician assistant who has completed the educational requirements and passed the certification examination as specified in Section 73-26-3, is licensed by the State Board of Medical Licensure, has had at least one (1) year of practice as a physician assistant employed by a community mental health center, and is working under the supervision of a physician at a single point of entry.
SECTION 37. Definitions. As used in Sections 36 through 42 of this act, unless the context otherwise requires:
(a) "Anesthesiologist" means a physician who is licensed under Section 73-25-1 et seq. and who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology.
(b) "Anesthesiologist assistant" means a person who meets the requirements of Section 38 of this act and is board-approved to assist in the practice of medicine under the delegation of an anesthesiologist.
(c) "Assists" means the anesthesiologist assistant personally performs those duties and responsibilities delegated by the anesthesiologist.
(d) "Board" means the State Board of Medical Licensure.
(e) "Supervision" means the availability of a physician anesthesiologist who can delegate, coordinate, direct or consult, and oversee the implementation of the anesthesiologist's intentions.
(f) "Certification examination" means the initial certifying examination approved by the board for the certification of anesthesiologist assistants, including the examination administered by the National Commission for the Certification of Anesthesiologist Assistants or another national anesthesiologist assistant certifying agency that has been reviewed and approved by the board.
SECTION 38. Board; powers and duties. (1) The board shall review and determine the qualifications and fitness of all persons applying for a license to practice as an anesthesiologist assistant.
(2) The board shall:
(a) Grant, deny, revoke and reinstate licenses of anesthesiologist assistants;
(b) Investigate allegations that an anesthesiologist assistant or the supervising anesthesiologist has engaged in conduct constituting a ground for revocation;
(c) Conduct informal interviews and hearings;
(d) Adopt rules governing the practice of anesthesiologist assistants; and
(e) Retain jurisdiction over only those licensees to whom temporary or full licenses are granted under Sections 36 through 42 of this act, regardless of whether the license has expired, has lapsed or was relinquished during or after any alleged occurrence of conduct.
(3) The board shall establish a position to be filled by an anesthesiologist assistant licensed under Sections 36 through 42 of this act.
SECTION 39. Licensure; use of title; temporary license; temporary licensure; fees. (1) A person may not practice in this state as an anesthesiologist assistant or use the title or represent that the person is a certified anesthesiologist assistant, anesthesiologist assistant or use the abbreviation "C.A.A." or "A.A." without having a license granted by the board under Sections 36 through 42 of this act.
(2) The board may grant an anesthesiologist assistant license to an applicant who:
(a) Graduated from an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organization;
(b) Satisfactorily completed a certification examination administered by the National Commission for the Certification of Anesthesiologist Assistants or another national certifying agency that has been reviewed and approved by the board and that is currently certified;
(c) Completes an application form; and
(d) Pays the required application and licensure fees as prescribed by the board in rule.
(3) A license issued under Sections 36 through 42 of this act, other than a temporary license, is valid for a period of one (1) year. A licensee shall renew the license every other year on or before June 30 by completing and submitting to the board a renewal application form as prescribed by the board and the prescribed renewal fee before the current license expires. The board shall provide renewal notices to licensees at least one (1) month before the expiration date.
(4) The board may reinstate a lapsed license if the applicant pays a reinstatement fee as prescribed by the board in rule and meets the requirements for initial licensure.
(5) The board may issue a temporary license to any person who:
(a) Completes a temporary license application;
(b) Pays the required temporary license fee as prescribed by the board in rule; and
(c) Successfully completes a Commission on Accreditation of Allied Health Education program or another board-approved program for educating and training anesthesiologist assistants but who has not passed a certification examination.
The person shall take the next available certification examination after receiving a temporary license. A temporary license may not be issued for a period of more than six (6) months and is subject to any other requirements that the board adopts by rule.
SECTION 40. Scope of practice. (1) This section does not apply to persons who are enrolled in an anesthesiologist assistant education program approved by the board.
(2) An anesthesiologist assistant may assist in the practice of medicine only under the supervision of an anesthesiologist. The anesthesiologist assistant may perform only those duties and responsibilities delegated to the anesthesiologist assistant by the supervising anesthesiologist.
(3) The supervising anesthesiologist shall be allowed to supervise anesthesiologist assistants in a manner consistent with federal rules or regulations for reimbursement for anesthesia services.
(4) The supervising anesthesiologist shall be immediately available to the anesthesiologist assistant who assists in the delivery of medical care such that the supervising anesthesiologist is able to intervene if needed.
(5) An anesthesiologist assistant's practice may not exceed his or her education and training, and the scope of practice of the supervising anesthesiologist. A medical care task assigned by the supervising anesthesiologist to the anesthesiologist assistant may not be delegated by the anesthesiologist assistant to another person.
(6) A supervising anesthesiologist shall delegate to an anesthesiologist assistant any duties required to develop and implement a comprehensive anesthesia care plan for a patient.
(7) Sections 36 through 42 of this act do not prevent an anesthesiologist assistant from having access to and being able to obtain prescription drugs as directed by the supervising anesthesiologist.
SECTION 41. Regulation of licensure. (1) The board may refuse to renew and may revoke, suspend or restrict a license or take other disciplinary action, including imposing conditions or restrictions on a license under Sections 36 through 42 of this act and the rules adopted under Sections 36 through 42 of this act.
(2) If the board determines that a person is ineligible for licensure, that an application for licensure should be denied, that a license should be suspended or that any other action should be taken on a current license, the board shall adopt and enter its written order and findings.
SECTION 42. Reinstatement of license; requirements. (1) The board may issue a new license to an anesthesiologist assistant whose license was previously revoked by the board if the applicant applies in writing to the board and demonstrates to the board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation. In making its decision, the board shall determine:
(a) That the applicant has not engaged in any conduct during the revocation period that would constitute a basis for revocation under rules adopted by the board;
(b) If a criminal conviction was a basis of the revocation, that the applicant's civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order;
(c) That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction; and
(d) That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate.
(2) Except as provided in subsection (3) of this section, a person may not apply for license reinstatement earlier than one (1) year after the date of revocation.
(3) If a license revocation was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal, the board shall vacate its previous order to revoke the license and the anesthesiologist assistant may apply for reinstatement as soon as the court enters the reversal.
(4) An applicant for reinstatement shall comply with all initial licensure requirements prescribed by Sections 36 through 42 of this act and rules adopted by the board under Sections 36 through 42 of this act.
SECTION 43. Unauthorized practice; violation; penalties. Any person practicing as an anesthesiologist assistant or representing that he or she is an anesthesiologist assistant without a license, or any person employing an unlicensed person to practice as an anesthesiologist assistant, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than one (1) year, or both. Each violation constitutes a separate offense for which the penalty in this section may be assessed.
SECTION 44. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.