MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Powell
AN ACT TO CREATE THE MISSISSIPPI MEDICAL JUDGMENT PROTECTION ACT; TO STATE LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO REQUIRE PROVIDERS OR FACILITIES USING ARTIFICIAL INTELLIGENCE THAT MATERIALLY CONTRIBUTES TO A DIAGNOSIS, TREATMENT PLAN, PROBLEM LIST ENTRY, ORDER OR CLINICAL NOTE TO DISCLOSE SUCH USE IN THE MEDICAL RECORD; TO REQUIRE A LICENSED CLINICIAN TO REVIEW AND APPROVE ANY ARTIFICIAL INTELLIGENCE OUTPUT USED FOR SUCH PURPOSES; TO PROVIDE CERTAIN NOTICE REQUIREMENTS; TO REQUIRE THE MAINTENANCE OF TAMPER-RESISTANT AUDIT LOGS CAPTURING THE IDENTITY OF THE REVIEWING CLINICIAN; TO PROHIBIT AUTOMATED DENIAL OR DELAY OF COVERAGE OR PAYMENT FOR MEDICAL SERVICES; TO REQUIRE PAYERS TO SUBMIT ANNUAL REPORTS ON USE OF ARTIFICIAL INTELLIGENCE TO THE DEPARTMENT OF INSURANCE; TO AUTHORIZE LICENSING AUTHORITIES, THE DEPARTMENT OF INSURANCE, AND THE DIVISION OF MEDICAID TO ENFORCE THIS ACT; TO AUTHORIZE DELAYED ENFORCEMENT OF CERTAIN PROVISIONS AND PROVIDE SAFE HARBORS FOR PROVIDERS, FACILITIES AND PAYERS IN SUBSTANTIAL COMPLIANCE WITH THIS ACT; TO AMEND SECTIONS 73-9-61, 73-15-29, 73-21-97, 73-21-163, 73-25-29, 73-26-5, 73-27-13, 73-31-21, 73-43-11, 83-5-917 AND 83-5-933, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 25-53-301, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Title. This act shall be known and may be cited as the "Mississippi Medical Judgment Protection Act".
SECTION 2. Legislative findings and purpose. (1) The Legislature finds that artificial intelligence (AI) is increasingly embedded in clinical workflows and payer operations and, when misapplied, can produce incorrect clinical content, encourage over-reliance by users, or issue automated payment denials without adequate medical review, creating risks to patient safety, professional judgment and public funds.
(2) It is the purpose of this act to ensure that, while AI may assist Mississippi clinicians, it never replaces their judgment, that patients are informed when AI contributes to their care, that payment denials are made only by qualified physicians, or dentists for dental services, after human review, and that enforcement occurs through existing state authorities with minimal regulatory burden.
SECTION 3. Definitions. As used in this act, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:
(a) "Artificial intelligence" or "AI" means software that generates, predicts, classifies, recommends, drafts, summarizes or otherwise produces content or determinations that, in context, would typically require human judgment.
(b) "Automated decision" means a coverage or payment determination issued in whole or material part by AI without final human review and sign-off by the required professional.
(c) "Clinical AI" means AI used to create, alter or recommend clinical documentation, diagnoses, treatment plans, orders, coding, utilization review or coverage determinations related to patient care.
(d) "Licensing authority" means the state board or agency that licenses the applicable clinician or facility.
(e) "Licensed clinician" means a person licensed under Mississippi law to provide health services within that person's scope of practice or employment, including, but not limited to, physicians, advanced practice registered nurses, physician assistants, dentists, pharmacists and psychologists.
(f) "Payer" means a health insurance issuer, health benefit plan provider, Medicaid managed care organization or pharmacy benefit manager operating in this state.
SECTION 4. Patient disclosure and clinical attestation. (1) A provider or facility using clinical AI that materially contributes to a diagnosis, treatment plan, problem list entry, order or clinical note shall:
(a) Disclose in the medical record that AI contributed to the diagnosis, treatment plan, problem list entry, order or clinical note; and
(b) Obtain clinical attestation through an electronic signature by a licensed clinician accepting or rejecting the AI suggestion prior to finalizing the diagnosis, treatment plan, problem list entry, order or clinical note.
(2) Patient-facing portals must display a notice in plain language informing the patient if AI has contributed to the patient's care, and the notice must inform the patient of his or her right to request a human explanation or human-only processing where feasible.
(3) AI that automatically inserts diagnoses or orders into a chart, problem list or claim without clinician acceptance is prohibited.
SECTION 5. Clinical judgment, override and audit logs. (1) AI outputs are advisory only, and the treating licensed clinician retains the ultimate authority to accept, modify or reject AI outputs.
(2) Systems used for health services shall maintain tamper-resistant audit logs that capture the identity and credentials of the licensed clinician who reviewed and accepted the AI output and the date and time of review and acceptance, and the audit log shall be retained consistent with state medical record requirements.
(3) Nothing in this section shall be construed to limit civil liability beyond existing law. The use of AI does not lessen the standard of care for a licensed clinician.
SECTION 6. Billing, coding and risk-adjustment safeguards. (1) A diagnosis code used for billing or risk adjustment may not be submitted if the diagnosis code was originated solely from AI without corroborating clinical documentation and clinician attestation.
(2) Payers may not upcode or direct contractors to extract or submit diagnoses generated solely from AI-drafted documentation, in the absence of substantiating clinical evidence and attestation by a treating clinician.
SECTION 7. No denial by algorithm; physician-review requirement. (1) A payer may not issue an automated denial or delay of coverage or payment for medical services.
(2) Any adverse determination for medical services must be reviewed and signed by a physician holding an unrestricted license in the United States and in the same or a similar specialty as the ordering or treating clinician. For dental services, the reviewer must be a licensed dentist consistent with existing Mississippi law.
(3) The reviewer's name, licensure state and specialty shall be provided with the denial notification and preserved in the payer's records.
(4) Nothing in this section alters or limits the existing timelines, automatic-approval remedies or penalties established under the Mississippi Prior Authorization Reform Act and related Department of Insurance rules, and the requirements imposed by this act are in addition to those protections.
SECTION 8. Reporting; minimum burden. (1) Payers shall file an annual AI use report with the Department of Insurance, and with the Division of Medicaid for Medicaid managed care organizations, describing any clinical AI used for utilization management or risk adjustment, the role of physician reviewers in those processes, and the number or percentage of initial adverse determinations that were modified or reversed after human review. The department may specify the format of the report, provided that the format is in alignment with existing prior-authorization annual report data to minimize duplication.
(2) Providers and facilities shall maintain an internal inventory of clinical AI systems they use, including the purpose and confirmation that clinician attestation and audit logging features are enabled. This inventory shall be available to the relevant licensing authority upon request. No source code or proprietary algorithm disclosure is required by this act.
SECTION 9. Enforcement. (1) For clinicians and facilities, this act shall be enforced by the applicable licensing authority as provided by law. A violation of this act by a licensee constitutes unprofessional conduct or failure to meet minimum standards of care, as applicable, subject to investigation and disciplinary action by the licensing board.
(2) For payers other than Medicaid managed care organizations, this act shall be enforced by the Department of Insurance under Title 83 and applicable insurance regulations. A violation by a payer constitutes an unfair or deceptive act or practice in the business of insurance and is subject to the department's cease-and-desist orders, fines, and other remedies. The department may refer egregious or repeated violations to the Attorney General for enforcement under consumer protection laws.
(3) For Medicaid managed care organizations, this act shall be enforced by the Division of Medicaid through contract terms, sanctions or withholding of payments, in addition to any current authority the department has regarding those entities when acting as insurers.
(4) In addition, a payer who violates this act may be subject to an administrative fine up to Five Thousand Dollars ($5,000.00) per violation. Licensing boards may impose sanctions or fines for violations by licensees. Any applicable penalties under other laws and regulations, including under the False Claims Act or Department of Insurance regulations, remain available and cumulative.
SECTION 10. Safe harbors; phase-in. (1) A provider, facility or payer is deemed in substantial compliance with this act when:
(a) Clinician attestation and audit logging are enabled for all clinical AI tools in use; and
(b) Adverse determinations for medical services are physician-reviewed as required herein.
Isolated or nonmaterial instances of noncompliance, if promptly corrected and self-reported, shall not be deemed violations.
(2) The State Department of Health, in collaboration with the Artificial Intelligence Regulation (Air) Task Force established by Section 25-53-301, may certify specific AI pilot programs or studies that demonstrate equal or greater protections for patients and clinicians to those provided by this act. A provider, facility or payer participating in a certified pilot program or study and operating within its terms is deemed compliant with the relevant portions of this act for the duration of the pilot program or study.
(3) The Department of Insurance, Division of Medicaid and licensing authorities may delay enforcement of Sections 4 and 8 of this act for up to twelve (12) months after the effective date for practices with ten (10) or fewer full-time clinicians or for hospitals designated as Critical Access Hospitals. During this period, agencies shall focus on education and guidance to facilitate compliance. No fines shall be imposed on such entities for first-time violations corrected within a reasonable time as determined by the agency.
SECTION 11. Rulemaking; construction. (1) The Department of Insurance, Division of Medicaid and licensing authorities may promulgate rules or guidelines to implement this act, within the scope of their existing statutory authority, provided that no such rule may contradict the express provisions of this act. Any such rules should aim to minimize administrative burden while effectuating the act's purposes.
(2) Nothing in this act shall be construed to compel the disclosure of proprietary algorithms, source code or software design specifications. Requirements for AI explainability, reporting or logging are satisfied by high-level summaries and metadata that do not divulge protected intellectual property.
(3) This act shall be construed to complement applicable federal laws and regulations, including FDA oversight of medical devices and clinical decision support software. This act does not apply to the extent it would be preempted by federal law. The provisions of this act do not restrict purely administrative automations unrelated to clinical decision-making, including, but not limited to, scheduling, billing or inventory management tools.
SECTION 12. Section 73-9-61, Mississippi Code of 1972, is amended as follows:
73-9-61. (1) Upon satisfactory proof, and in accordance with statutory provisions elsewhere set out for such hearings and protecting the rights of the accused as well as the public, the State Board of Dental Examiners may deny the issuance or renewal of a license or may revoke or suspend the license of any licensed dentist or dental hygienist practicing in the State of Mississippi, or take any other action in relation to the license as the board may deem proper under the circumstances, for any of the following reasons:
(a) Misrepresentation in obtaining a license, or attempting to obtain, obtaining, attempting to renew or renewing a license or professional credential by making any material misrepresentation, 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 the certificate.
(b) Willful violation of any of the rules or regulations duly promulgated by the board, or of any of the rules or regulations duly promulgated by the appropriate dental licensure agency of another state or jurisdiction.
(c) Being impaired in the ability to practice dentistry or dental hygiene with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
(d) Administering, dispensing or prescribing any prescriptive medication or drug outside the course of legitimate professional dental practice.
(e) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a 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.
(f) Practicing incompetently or negligently, regardless of whether there is actual harm to the patient.
(g) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of dentistry or dental hygiene, 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.
(h) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a felony in any jurisdiction, 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.
(i) Delegating professional responsibilities to a person who is not qualified by training, experience or licensure to perform them.
(j) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice dentistry or dental hygiene in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by the licensing authority that 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.
(k) Surrender of a license or authorization to practice dentistry or dental hygiene in another state or jurisdiction when the board has reasonable cause to believe that the surrender is made to avoid or in anticipation of a disciplinary action.
(l) Any unprofessional conduct to be determined by the board on a case-by-case basis, which shall include, but not be restricted to, the following:
(i) Committing any crime involving moral turpitude.
(ii) Practicing deceit or other fraud upon the public.
(iii) Practicing dentistry or dental hygiene under a false or assumed name.
(iv) Advertising that is false, deceptive or misleading.
(v) Announcing a specialized practice shall be considered advertising that tends to deceive or mislead the public unless the dentist announcing as a specialist conforms to other statutory provisions and the duly promulgated rules or regulations of the board pertaining to practice of dentistry in the State of Mississippi.
(m) Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.
(n) Committing any act which would constitute sexual misconduct upon a patient or upon ancillary staff. For purposes of this subsection, the term sexual misconduct means:
(i) Use of the licensee-patient relationship to engage or attempt to engage the patient in sexual activity; or
(ii) Conduct of a licensee that is intended to intimidate, coerce, influence or trick any person employed by or for the licensee in a dental practice or educational setting for the purpose of engaging in sexual activity or activity intended for the sexual gratification of the licensee.
(o) Violation of a lawful order of the board previously entered in a disciplinary or licensure hearing; failure to cooperate with any lawful request or investigation by the board; or failure to comply with a lawfully issued subpoena of the board.
(p) Willful, obstinate and continuing refusal to cooperate with the board in observing its rules and regulations in promptly paying all legal license or other fees required by law.
(q) Practicing dentistry or dental hygiene while the person's license is suspended.
(r) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.
(s) Violation(s) of the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians.
(2) In lieu of revocation of a license as provided for above, the board may suspend the license of the offending dentist or dental hygienist, suspend the sedation permit of the offending dentist, or take any other action in relation to his or her license as the board may deem proper under the circumstances.
(3) When a license to practice dentistry or dental hygiene is revoked or suspended by the board, the board may, in its discretion, stay the revocation or suspension and simultaneously place the licensee on probation upon the condition that the licensee shall not violate the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene and shall not violate the rules and regulations of the board and shall not violate any terms in relation to his or her license as may be set by the board.
(4) In a proceeding conducted under this section by the board for the denial, revocation or suspension of a license to practice dentistry or dental hygiene, the board shall have the power and authority for the grounds stated for that denial, revocation or suspension, and in addition thereto or in lieu of that denial, revocation or suspension may assess and levy upon any person licensed to practice dentistry or dental hygiene in the State of Mississippi, a monetary penalty, as follows:
(a) For the first violation of any of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
(b) For the second violation of any of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
(c) For the third and any subsequent violation of any of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a monetary penalty of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00).
(d) For any violation of any of paragraphs (a) through (q) of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation or suspension, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.
(5) The power and authority of the board to assess and levy monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(6) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
(7) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired. In the event of an appeal, the appeal shall act as a supersedeas.
(8) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of those penalties under this section or may be paid sooner if the licensee elects. With the exception of subsection (4)(d) of this section, monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected by the board under subsection (4)(d) of this section shall be deposited into the special fund operating account of the board.
(9) When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, and if the licensee is a nonresident of the State of Mississippi, the proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
(10) In addition to the reasons specified in subsection (1) of this section, 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.
(11) All grounds for disciplinary action, including imposition of fines and assessment of costs as enumerated above, shall also apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.
SECTION 13. Section 73-15-29, Mississippi Code of 1972, is amended 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; * * *
(o) Violation(s) of
any provision of Title 41, Chapter 141, Mississippi Code of 1972 * * *; or
(p) Violation(s) of the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians.
(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 14. Section 73-21-97, Mississippi Code of 1972, is amended as follows:
73-21-97. (1) The board may refuse to issue or renew, or may suspend, reprimand, revoke or restrict the license, registration or permit of any person, or may impose a monetary penalty, upon one or more of the following grounds:
(a) Unprofessional conduct as defined by the rules and regulations of the board;
(b) Incapacity of a nature that prevents a pharmacist or intern/extern from engaging in the practice of pharmacy or a pharmacy technician from engaging in or providing nonjudgmental technical services in the practice of pharmacy with reasonable skill, confidence and safety to the public;
(c) Being found guilty by a court of competent jurisdiction of one or more of the following:
(i) A felony;
(ii) Any act involving moral turpitude or gross immorality; or
(iii) Violation of pharmacy or drug laws of this state or rules or regulations pertaining thereto, or of statutes, rules or regulations of any other state or the federal government;
(d) Fraud or intentional misrepresentation by a licensee, registrant or permit holder in securing the issuance or renewal of a license or permit;
(e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license;
(f) Violation of any of the provisions of this chapter or rules or regulations adopted pursuant to this chapter;
(g) Failure to comply with lawful orders of the board;
(h) Negligently or willfully acting in a manner inconsistent with the health or safety of the public;
(i) Addiction to or dependence on alcohol or controlled substances or the unauthorized use or possession of controlled substances;
(j) Misappropriation of any prescription drug;
(k) Being found guilty by the licensing agency in another state of violating the statutes, rules or regulations of that jurisdiction;
(l) The unlawful or unauthorized possession of a controlled substance;
(m) Willful failure to submit drug monitoring information or willful submission of incorrect dispensing information as required by the Prescription Monitoring Program under Section 73-21-127;
(n) Failure to obtain
the license, registration or permit required by this chapter; * * *
(o) Violation(s) of
the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive
advertisement by health care practitioners * * *;
(p) Violation(s) of the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians.
(2) In lieu of suspension, revocation or restriction of a license, registration or permit as provided for above, the board may warn, reprimand or issue a citation to the offending licensee, registrant or permit holder.
(3) In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license, registration or permit of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license, registration or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license, registration or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license, registration or permit 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.
SECTION 15. Section 73-21-163, Mississippi Code of 1972, is amended as follows:
73-21-163. (1) Whenever the board has reason to believe that a pharmacy benefit manager or pharmacy benefit manager affiliate is using, has used, or is about to use any method, act or practice prohibited in Sections 73-21-151 through 73-21-163 or in Sections 1 through 11 of this act, which relate to the use of artificial intelligence by certain payers, including pharmacy benefit managers, and that proceedings would be in the public interest, it may bring an action in the name of the board against the pharmacy benefit manager or pharmacy benefit manager affiliate to restrain by temporary or permanent injunction the use of such method, act or practice. The action shall be brought in the Chancery Court of the First Judicial District of Hinds County, Mississippi. The court is authorized to issue temporary or permanent injunctions to restrain and prevent violations of Sections 73-21-151 through 73-21-163 and such injunctions shall be issued without bond.
(2) The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation. In addition, the board may impose a monetary penalty for noncompliance with Sections 1 through 11 of this act, in an amount of not more than Five Thousand Dollars ($5,000.00) per violation. Each day a violation continues for the same brand or generic product identifier or brand or generic code number is a separate violation. The board shall prepare a record entered upon its minutes that states the basic facts upon which the monetary penalty was imposed. Any penalty collected under this subsection (2) shall be deposited into the special fund of the board.
(3) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section. A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects. Any penalty collected by the board under this subsection (3) shall be deposited into the special fund of the board.
(4) When payment of a monetary penalty assessed and levied by the board against a licensee, registrant or permit holder in accordance with this section is not paid by the licensee, registrant or permit holder when due under this section, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, registrant or permit holder, or if the licensee, registrant or permit holder is a nonresident of the State of Mississippi, in the Chancery Court of the First Judicial District of Hinds County, Mississippi. When those proceedings are instituted, the board shall certify the record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall be heard in due course by the court, which shall review the record and make its determination thereon in accordance with the provisions of Section 73-21-101. The hearing on the matter may, in the discretion of the chancellor, be tried in vacation.
(5) The board shall develop and implement a uniform penalty policy that sets the minimum and maximum penalty for any given violation of Sections 73-21-151 through 73-21-163. The board shall adhere to its uniform penalty policy except in those cases where the board specifically finds, by majority vote, that a penalty in excess of, or less than, the uniform penalty is appropriate. That vote shall be reflected in the minutes of the board and shall not be imposed unless it appears as having been adopted by the board.
SECTION 16. 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 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 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 professional capacity any certificate that is known to be false at the time he makes or signs such certificate.
(g) Failing to identify a physician's school of practice in all professional uses of his name by use of his earned degree or a description of his school of practice.
(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.
(18) Violation(s) of any provision of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians.
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 17. Section 73-26-5, Mississippi Code of 1972, is amended as follows:
73-26-5. (1) The board shall promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of physician assistants. Those rules shall include, but are not limited to: qualifications for licensure for physician assistants; scope of practice of physician assistants; supervision of physician assistants; identification of physician assistants; grounds for disciplinary actions and discipline of physician assistants, which shall specifically include discipline for violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners and the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians; and setting and charging reasonable fees for licensure and license renewals for physician assistants. However, nothing in this chapter or in rules adopted by the board shall authorize physician assistants to administer or monitor general inhaled anesthesia, epidural anesthesia, spinal anesthesia or monitored anesthesia as utilized in surgical procedures. In addition, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physician assistants that conflicts with the prohibitions in Section 73-49-3. The board shall promulgate rules for licensure and license renewals in accordance with Section 33-1-39.
(2) If the board appoints a task force or committee to address physician assistant regulation, at least one (1) member of the task force shall be a nurse practitioner who is a member of the Mississippi Board of Nursing or a nurse practitioner appointee selected by the board from a list of three (3) recommendations submitted by the Mississippi Nurses Association, and at least one (1) member shall be a physician assistant selected by the board from a list of three (3) recommendations submitted by the Mississippi Academy of Physician Assistants.
SECTION 18. Section 73-27-13, Mississippi Code of 1972, is amended as follows:
73-27-13. (1) The State Board of Medical Licensure may refuse to issue, suspend, revoke or otherwise restrict any license provided for in this chapter, with the advice of the advisory committee, based upon the following grounds:
(a) Habitual personal use of narcotic drugs, or any other drug having addiction-forming or addiction-sustaining liability.
(b) Habitual use of intoxicating liquors, or any beverage, to an extent which affects professional competency.
(c) 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.
(d) 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.
(e) Performing any medical diagnosis or treatment outside the scope of podiatry as defined in Section 73-27-1.
(f) Conviction of a felony or misdemeanor involving moral turpitude.
(g) Obtaining or attempting to obtain a license by fraud or deception.
(h) Unprofessional conduct, which includes, but is not limited to:
(i) Practicing medicine under a false or assumed name or impersonating another practitioner, living or dead.
(ii) Knowingly performing any act which in any way assists an unlicensed person to practice podiatry.
(iii) Making or willfully causing to be made any flamboyant claims concerning the licensee's professional excellence.
(iv) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud or harm the public.
(v) Obtaining a fee as personal compensation or gain from a person on fraudulent representation 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 refuses to divulge to the board upon request.
(vi) 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 professional capacity any certificate that is known to be false at the time he makes or signs such certificate.
(vii) Failing to identify a podiatrist's school of practice in all professional uses of his name by use of his earned degree or a description of his school of practice.
(i) The refusal of a licensing authority of another state to issue or renew a license, permit or certificate to practice podiatry in that state 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 state.
(j) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.
(k) Violation(s) of the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians.
(2) Upon the nonissuance, suspension or revocation of a license to practice podiatry, the board may, in its discretion and with the advice of the advisory committee, reissue a license after a lapse of six (6) months. No advertising shall be permitted except regular professional cards.
(3) In its investigation of whether the license of a podiatrist should be suspended, revoked or otherwise restricted, the board may inspect patient records in accordance with the provisions of Section 73-25-28.
(4) In addition to the grounds specified in subsection (1) of this section, 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.
SECTION 19. Section 73-31-21, Mississippi Code of 1972, is amended as follows:
73-31-21. (1) The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this article, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:
(a) Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or
(b) Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or
(c) Is using any substance or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that the use impairs his or her ability to perform the work of a professional psychologist with safety to the public; or
(d) Has impersonated another person holding a psychologist license or allowed another person to use his or her license; or
(e) Has used fraud or deception in applying for a license or in taking an examination provided for in this article; or
(f) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or
(g) Has performed psychological services outside of the area of his or her training, experience or competence; or
(h) Has allowed his or her name or license issued under this article to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or
(i) Is legally adjudicated mentally incompetent, the record of that adjudication being conclusive evidence thereof; or
(j) Has willfully or
negligently violated any of the provisions of this article * * *; or
(k) Has violated any of the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by licensed clinicians. The board may recover from any person disciplined under this article, the costs of investigation, prosecution, and adjudication of the disciplinary action.
(2) Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of the mailing or that service, at which time the applicant or 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 secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licensee, may administer oaths and may take testimony. That testimony, when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the applicant or licensee. At the hearing, the applicant or licensee may appear by counsel and personally in his or her own behalf. Any person sworn and examined by 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. On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of that determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served, unless within that period the applicant or licensee appeals the decision to the chancery court, under the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at the hearing before the board shall be admissible in evidence in court in the appeal.
(3) The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. 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 therewith.
(4) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for the applicant or licensee. The 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 order and judgments in any manner and form as it deems proper. It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel that record.
(5) Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.
(6) Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year. At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license. A person whose license has been revoked under the provisions of this section may reapply for a license after more than two (2) years have elapsed from the date that the denial or revocation is legally effective.
(7) In addition to the reasons specified in subsection (1) of this section, 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. 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.
(8) The board may issue a nondisciplinary, educational letter to licensees as provided in Section 73-31-7(2)(g). The board may also direct a psychologist to obtain a formal assessment of ability to practice safely if there is reason to believe there may be impairment due to substance abuse or mental incapacity. Licensees who may be impaired, but who are able to practice safely, may be required by the board to seek appropriate treatment and/or supervision. That action by the board in itself will not be considered disciplinary.
(9) The board may discipline any person who has been granted the authority to practice interjurisdictional telepsychology or the temporary authorization to practice under the Psychology Interjurisdictional Compact provided for under Section 73-31-51, for any of the grounds specified in subsection (1) of this section in the same manner as the board disciplines a licensed psychologist under this section.
SECTION 20. Section 73-43-11, Mississippi Code of 1972, is amended as follows:
73-43-11. The State Board of Medical Licensure shall have the following powers and responsibilities:
(a) Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists and physician assistants practicing with physician supervision;
(b) Considering applications for licensure;
(c) Conducting examinations for licensure;
(d) Investigating alleged violations of the medical practice act;
(e) Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses;
(f) Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;
(g) To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;
(h) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;
(i) Perform the duties prescribed by Sections 73-26-1 through 73-26-5;
(j) Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101; and
(k) To adopt reasonable rules and regulations providing for physician practice records retention under the following minimum standards:
(i) Medical records shall be retained by a physician in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a physician. Audit logs documenting use and acceptance of outputs from artificial intelligence systems, as required by Section 5 of this act, shall be retained consistent with the medical record requirements.
(ii) Graphic matter, images, X-ray films, and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved and properly stored by a physician in the original, microfilmed, or similarly reproduced form for a minimum period of three (3) years from the date a patient is last treated by the physician. Such graphic matter, images, X-ray film, and like matter shall be retained for a longer period when requested in writing by the patient.
(iii) Medical records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.
SECTION 21. Section 83-5-917, Mississippi Code of 1972, is amended as follows:
83-5-917. Notifications for adverse determinations. If a health insurance issuer makes an adverse determination, the health insurance issuer shall include the following in the notification to the enrollee, the enrollee's health care professional, and the enrollee's health care provider:
(a) The reasons for the adverse determination and related evidence-based criteria, including a description of any missing or insufficient documentation;
(b) The right to appeal the adverse determination;
(c) Instructions on how to file the appeal; and
(d) Additional documentation necessary to support the appeal.
The notification required under this section shall comply with the requirements of Sections 1 through 11 of this act, including, but not limited to, the prohibition of automated denials or delays of coverage or payment for medical services.
SECTION 22. Section 83-5-933, Mississippi Code of 1972, is amended as follows:
83-5-933. Enforcement and administration. (1) In addition to the enforcement powers granted to it by law to enforce the provisions of this article, as well as the provisions of Sections 1 through 11 of this act relating to the use of artificial intelligence by health insurance issuers, the department is granted specific authority to issue a cease-and-desist order or require a private review agent or health insurance issuer to submit a plan of correction for violations of this article, or both. Subject to regulations promulgated by the department under the provisions of the Mississippi Administrative Procedure Law and after proper notice and the opportunity for a hearing, the department may impose upon a private review agent, health benefit plan or health insurance issuer an administrative fine not to exceed Ten Thousand Dollars ($10,000.00) per violation for failure to submit a requested plan of correction, failure to comply with its plan of correction, or repeated violations of this article and a fine of not more than Five Thousand Dollars ($5,000.00) per violation for failure to comply with Sections 1 through 11 of this act. All fines collected by the department under this section shall be deposited into the State General Fund. The department may also exercise all authority granted to it under Section 41-83-13 to deny or revoke a certificate of a private review agent for a violation of this article.
(2) Any person or his or her treating physician who has evidence that his or her health insurance issuer or health benefit plan is in violation of the provisions of this article may file a complaint with the department. The department shall review all complaints received and investigate all complaints that it deems to state a potential violation. The department shall fairly, efficiently and timely review and investigate complaints. Health insurance issuers, health benefit plans and private review agents found to be in violation of this article shall be penalized in accordance with this section.
(3) The department shall have the authority to promulgate rules and regulations under the Mississippi Administrative Procedures Law to govern the administration of this article.
SECTION 23. Section 25-53-301, Mississippi Code of 1972, is brought forward as follows:
25-53-301. (1) The Legislature finds that:
(a) The State of Mississippi needs to support stakeholders as they gather information and decide the best means to utilize and oversee artificial intelligence (AI) tools and systems used by the State of Mississippi's governing bodies;
(b) The Legislature acknowledges that artificial intelligence cannot replace human creativity and involvement and so promotes responsibly using AI tools and systems while aligning and adhering to the state's long term policies, goals, values and missions while maintaining citizen trust and balancing the benefits, risks and potential dangers of artificial intelligence; and
(c) As the use of artificial intelligence has implications for state, national and personal security and privacy, the use of artificial intelligence must be conducted in a responsible, ethical, transparent and beneficial manner.
(2) There is hereby established the Artificial Intelligence Regulation (Air) Task Force.
(3) (a) The task force shall consist of the following seven (7) voting members:
(i) The Lieutenant Governor and Speaker of the House shall each appoint one (1) respective member of the Mississippi Senate and the Mississippi House of Representatives to serve as co-chairs of the task force;
(ii) The Executive Director of the Mississippi Department of Information Technology Services, or his or her designee;
(iii) The Director of the Mississippi Artificial Intelligence Network (MAIN), or his or her designee;
(iv) The Executive Director of the Mississippi Office of Homeland Security, or his or her designee;
(v) The Adjutant General of the Mississippi National Guard, or his or her designee; and
(vi) The Attorney General of Mississippi, or his or her designee.
(b) The Chairpersons of the Artificial Intelligence Regulation (AIR) Task Force, with the advice and consent of the remaining official executive agency committee members specified in paragraph (a), or their respective designees, may appoint ex-officio nonvoting members to the task force to serve in an advisory capacity for such terms to be determined at the discretion of the task force. The voting members of the task force, upon a majority of its membership, present and voting, and spread upon its minutes, may reduce or expand the number of ex-officio members who may serve, provided that such members are deemed necessary to provide expertise or access to resources involving AI technology and are representative of:
(i) Workforce development, who possesses expert knowledge of and experience with AI technology;
(ii) Elementary and secondary education, public or private, who possesses expert knowledge of and experience with AI technology;
(iii) Four-year postsecondary education, public or private, who possesses expert knowledge of and experience with AI technology;
(iv) Two-year postsecondary education, public or proprietary, who possesses expert knowledge of and experience with AI technology;
(v) Healthcare, who possesses expert knowledge of and experience with AI technology;
(vi) Private business entity, who possesses expert knowledge of and experience with AI technology, including, but not limited to:
1. Data storage and management;
2. Cloud computing infrastructure;
3. Computer power provided by graphic processing units, tensor processing units and quantum computing;
4. Data processing and preparation through data cleaning, data integration and ETL (extract, transform and load) process;
5. AI algorithms and frameworks;
6. AI software and applications;
7. Data security and privacy;
8. AI governance and ethical frameworks;
9. Integration with business processes;
10. Training and talent development; and
(vii) Automation and manufacturing;
(viii) Ethics and transparency;
(ix) Agriculture; and
(x) Entertainment.
(4) The legislative members named by the Lieutenant Governor and Speaker of the House of Representatives shall serve as co-chairs of the AIR Task Force. The task force must meet within fifteen (15) days of the effective date of this act upon the call of the co-chairs, and at its first meeting shall elect any officers from among its members as it deems necessary for the efficient discharge of the task force's duties.
(5) The task force shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. A majority of the members shall constitute a quorum for the purpose of conducting any business of the task force, and a majority vote of all members present shall be required for any recommendations to the Legislature.
(6) The task force shall be responsible for balancing innovation and public interest while endeavoring to mitigate risks and unintended consequences of AI and its regulation. The task force shall:
(a) Facilitate and evaluate through comprehensive review, develop tentative drafts of any necessary proposed revisions to the Mississippi Code involving the regulation of AI technologies, which may or may not include the following:
(i) Fostering innovation by providing an environment for businesses and organizations to develop and test AI systems under relaxed regulatory constraints;
(ii) Regulatory oversight of the designing, testing and refinement of regulations to ensure responsible AI deployment;
(iii) Collaborating with stakeholders to bridge communication and idea exchanges between developers, policymakers and the public to align AI innovation with ethical and societal goals; and
(iv) Any other areas as deemed necessary by the task force.
(b) Review laws, policies and procedures concerning the use of AI technology established by the United States Congress and other state legislatures, if any, and compile a list of recommendations to include in the report required by this act. The review shall focus on, but not be limited to focusing on:
(i) Privacy and data protection;
(ii) Development for a framework for AI testing;
(iii) Compliance with ethical standards which enforce adherence to fairness, accountability, transparency, disclosures and promoting equitable outcomes;
(iv) Assessment of risk and benefits which measures the societal and economic impact of AI innovations;
(v) Liability;
(vi) Constituent and consumer impact;
(vii) Bias and social impact; and
(viii) Copyright and provenance.
(c) Consider implementation and use of artificial intelligence in state government agencies and compile a list of recommendations of best practices and potential uses for AI technologies in government to include in the report required by this act;
(d) Consider ways to allocate funding for development and use of artificial intelligence technologies in the state and draft proposals accordingly to include in the report required by this act; and
(e) Any other issues related to artificial intelligence technologies that the task force finds appropriate to address.
(7) Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41, and the legislative members of the task force shall receive the expense allowance provided for in Section 5-1-47.
(8) The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide necessary clerical support for the meetings of the task force and the preparation of the report, with assistance from the clerical and legal staff of the Mississippi House of Representatives and the Mississippi Senate.
(9) The task force is authorized to apply for and accept gifts, grants, subsidies and other funds from persons, corporations, foundations, the United States government or other entities, and the receipt of any gifts, grants, subsidies or funds shall be reported and otherwise accounted for in the manner provided by law. If financial subsidies are sufficient, the task force may hire additional contract staff to support its work.
(10) The term "artificial intelligence" has the meaning set forth in 15 USC Section 9401(3): a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.
(11) The task force may request the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review, the legal staffs of the Mississippi House of Representatives and the Mississippi Senate, or any other related organization with expertise in domestic relations.
(12) The work of the task force described in this act relates to sensitive matters of security. Notwithstanding any other law, the meetings, work and findings of the commission as described in this act are not subject to the requirements of Chapters 41 or 61 of Title 25, Mississippi Code of 1972.
(13) The task force shall report its findings and recommendations to the Legislature annually not later than December 1 each year, and shall dissolve in December 31, 2027.
SECTION 24. This act shall take effect and be in force from and after July 1, 2026.