Medical providers and medical malpractice insurers; prohibit consent to arbitration as a condition for care or insurance.

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To: Insurance; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Tullos

HOUSE BILL NO. 1113

AN ACT TO PROVIDE THAT NO MEDICAL PROVIDER OR MEDICAL 1
MALPRACTICE INSURER SHALL REQUIRE CONSENT TO ARBITRATION AS A 2
CONDITION OF PROVIDING MEDICAL CARE OR MEDICAL MALPRACTICE 3
INSURANCE; TO DEFINE "MEDICAL PROVIDER"; TO PROVIDE PENALTIES FOR 4
NONCOMPLIANCE; TO AMEND SECTIONS 11-15-1, 83-5-35, 73-25-29, 5
73-9-61, 73-6-19, 73-19-23, 73-27-13 AND 73-15-29, MISSISSIPPI 6
CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR 7
RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) No medical provider shall require a patient 10
or person seeking medical care to agree to use an arbitration 11
agreement as a condition of providing medical care to that patient 12
or person. For the purposes of this section, "medical provider" 13
means a physician, dentist, chiropractor, optometrist, podiatrist 14
and nurse practitioner. 15
(2) No medical malpractice insurer shall require a health 16
care provider to use arbitration agreements as a condition of 17
providing medical malpractice insurance to such health care 18
provider. 19
(3) Making the use of arbitration agreements a condition of 20
providing medical care shall constitute grounds for the 21
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nonissuance, suspension, revocation or restriction of a license or 22
the denial of reinstatement or renewal of a license of the medical 23
provider. Making the use of arbitration agreement a condition of 24
providing medical malpractice insurance shall constitute an unfair 25
or deceptive act or practice in the business of insurance as 26
provided in Sections 83-5-29 through 83-5-51. 27
(4) The Commissioner of Insurance may adopt regulations to 28
implement this section and to establish additional requirements 29
intended to prohibit unfair or deceptive practices relating to 30
arbitration agreements. 31
SECTION 2. Section 11-15-1, Mississippi Code of 1972, is 32
amended as follows: 33
11-15-1. Except as otherwise provided in Section 1 of this 34
act, all persons, except infants and persons of unsound mind, may, 35
by instrument of writing, submit to the decision of one or more 36
arbitrators any controversy which may be existing between them, 37
which might be the subject of an action, and may, in such 38
submission, agree that the court having jurisdiction of the 39
subject matter shall render judgment on the award made pursuant to 40
such submission. In such case, however, should the parties agree 41
upon a court without jurisdiction of the subject matters of the 42
award, the judgment shall be rendered by the court having 43
jurisdiction in the county of the residence of the party, or some 44
one of them, against whom the award shall be made. 45
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SECTION 3. Section 83-5-35, Mississippi Code of 1972, is 46
amended as follows: 47
83-5-35. The following are hereby defined as unfair methods 48
of competition and unfair and deceptive acts or practices in the 49
business of insurance: 50
(a) Misrepresentations and false advertising of policy 51
contracts. Making, issuing, circulating, or causing to be made, 52
issued, or circulated, any estimate, illustration, circular, or 53
statement misrepresenting the terms of any policy issued or to be 54
issued, or the benefits or advantages promised thereby, or the 55
dividends or share of the surplus to be received thereon; or 56
making any false or misleading statement as to the dividends or 57
share of surplus previously paid on similar policies; or making 58
any misleading representation or any misrepresentation as to the 59
financial condition of any insurer, or as to the legal reserve 60
system upon which any life insurer operates; or using any name or 61
title of any policy or class of policies misrepresenting the true 62
nature thereof; or making any misrepresentation to any 63
policyholder insured in any company for the purpose of inducing or 64
tending to induce such policyholder to lapse, forfeit, or 65
surrender his insurance. 66
(b) False information and advertising generally. 67
Making, publishing, disseminating, circulating, or placing before 68
the public, or causing, directly or indirectly, to be made, 69
published, disseminated, circulated, or placed before the public, 70
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in a newspaper, magazine, or other publication, or in the form of 71
a notice, circular, pamphlet, letter, or poster, or over any radio 72
or television station, or in any other way, an advertisement, 73
announcement, or statement containing any assertion, 74
representation, or statement with respect to the business of 75
insurance, or with respect to any person in the conduct of his 76
insurance business, which is untrue, deceptive, or misleading. 77
(c) Defamation. Making, publishing, disseminating, or 78
circulating, directly or indirectly, or aiding, abetting, or 79
encouraging the making, publishing, disseminating, or circulating 80
of any oral or written statement or any pamphlet, circular, 81
article, or literature which is false and maliciously critical of 82
or derogatory to the financial condition of an insurer, and which 83
is calculated to injure any person engaged in the business of 84
insurance. 85
(d) Boycott, coercion and intimidation. Entering into 86
any agreement to commit, or by any concerted action committing, 87
any act of boycott, coercion, or intimidation resulting in or 88
tending to result in unreasonable restraint of, or monopoly in, 89
the business of insurance. 90
(e) False financial statements. Filing with any 91
supervisory or other public official, or making, publishing, 92
disseminating, circulating, or delivering to any person, or 93
placing before the public, or causing directly or indirectly to be 94
made, published, disseminated, circulated, delivered to any 95
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person, or placed before the public, any false statement of 96
financial condition of an insurer, with intent to deceive. 97
Making any false entry in any book, report, or statement of 98
any insurer with intent to deceive any agent or examiner lawfully 99
appointed to examine into its condition or into any of its 100
affairs, or any public official to whom such insurer is required 101
by law to report or file, or who has authority by law to examine 102
into its condition or into any of its affairs, or, with like 103
intent, willfully omitting to make a true entry of any material 104
fact pertaining to the business of such insurer in any book, 105
report, or statement of such insurer. 106
(f) Stock operations and insurance company advisory 107
board contracts. Issuing or delivering, or permitting agents, 108
officers, or employees to issue or deliver, agency company stock 109
or other capital stock, or benefit certificates or shares in any 110
corporation, or securities, or any special or any insurance 111
company advisory board contracts or other contracts of any kind 112
promising returns and profit as an inducement to insurance. 113
(g) Unfair discrimination. (i) Making or permitting 114
any unfair discrimination between individuals of the same class 115
and equal expectation of life in the rates charged for any 116
contract of life insurance or of life annuity or in the dividends 117
or other benefits payable thereon, or in any other of the terms 118
and conditions of such contract. 119
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(ii) Making or permitting any unfair 120
discrimination between individuals of the same class and of 121
essentially the same hazard in the amount of premium, policy fees, 122
or rates charged for any policy or contract of accident or health 123
insurance or in the benefits payable thereunder, or in any of the 124
terms or conditions of such contract, or in any other manner 125
whatever. 126
(iii) Any violation of Section 83-71-7, 83-71-57 127
or 83-71-107. 128
(h) Designation of agent, solicitor, or insurer. 129
Requiring as a condition precedent to the purchase or the lending 130
of money upon the security of real or personal property that any 131
insurance covering such property or liability arising from the 132
ownership, maintenance, or use thereof, to be procured by or on 133
behalf of the vendee or by borrower in connection with such 134
purchase or loan, be so procured through any particular person, 135
agent, solicitor, or in any particular insurer. 136
This section shall not prevent the reasonable exercise by any 137
such vendor or lender of his right to approve or disapprove the 138
insurer selected to underwrite the insurance, and to determine the 139
adequacy of the insurance offered. 140
(i) Any violation of Sections 83-3-33 and 83-3-121, 141
Mississippi Code of 1972. 142
(j) Any violation of Section 1 of this act. 143
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SECTION 4. Section 73-25-29, Mississippi Code of 1972, is 144
amended as follows: 145
73-25-29. The grounds for the nonissuance, suspension, 146
revocation or restriction of a license or the denial of 147
reinstatement or renewal of a license are: 148
(1) Habitual personal use of narcotic drugs, or any 149
other drug having addiction-forming or addiction-sustaining 150
liability. 151
(2) Habitual use of intoxicating liquors, or any 152
beverage, to an extent which affects professional competency. 153
(3) Administering, dispensing or prescribing any 154
narcotic drug, or any other drug having addiction-forming or 155
addiction-sustaining liability otherwise than in the course of 156
legitimate professional practice. 157
(4) Conviction of violation of any federal or state law 158
regulating the possession, distribution or use of any narcotic 159
drug or any drug considered a controlled substance under state or 160
federal law, a certified copy of the conviction order or judgment 161
rendered by the trial court being prima facie evidence thereof, 162
notwithstanding the pendency of any appeal. 163
(5) Procuring, or attempting to procure, or aiding in, 164
an abortion that is not medically indicated. 165
(6) Conviction of a felony or misdemeanor involving 166
moral turpitude, a certified copy of the conviction order or 167
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judgment rendered by the trial court being prima facie evidence 168
thereof, notwithstanding the pendency of any appeal. 169
(7) Obtaining or attempting to obtain a license by 170
fraud or deception. 171
(8) Unprofessional conduct, which includes, but is not 172
limited to: 173
(a) Practicing medicine under a false or assumed 174
name or impersonating another practitioner, living or dead. 175
(b) Knowingly performing any act which in any way 176
assists an unlicensed person to practice medicine. 177
(c) Making or willfully causing to be made any 178
flamboyant claims concerning the licensee's professional 179
excellence. 180
(d) Being guilty of any dishonorable or unethical 181
conduct likely to deceive, defraud or harm the public. 182
(e) Obtaining a fee as personal compensation or 183
gain from a person on fraudulent representation of a disease or 184
injury condition generally considered incurable by competent 185
medical authority in the light of current scientific knowledge and 186
practice can be cured or offering, undertaking, attempting or 187
agreeing to cure or treat the same by a secret method, which he 188
refuses to divulge to the board upon request. 189
(f) Use of any false, fraudulent or forged 190
statement or document, or the use of any fraudulent, deceitful, 191
dishonest or immoral practice in connection with any of the 192
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licensing requirements, including the signing in his professional 193
capacity any certificate that is known to be false at the time he 194
makes or signs such certificate. 195
(g) Failing to identify a physician's school of 196
practice in all professional uses of his name by use of his earned 197
degree or a description of his school of practice. 198
(9) The refusal of a licensing authority of another 199
state or jurisdiction to issue or renew a license, permit or 200
certificate to practice medicine in that jurisdiction or the 201
revocation, suspension or other restriction imposed on a license, 202
permit or certificate issued by such licensing authority which 203
prevents or restricts practice in that jurisdiction, a certified 204
copy of the disciplinary order or action taken by the other state 205
or jurisdiction being prima facie evidence thereof, 206
notwithstanding the pendency of any appeal. 207
(10) Surrender of a license or authorization to 208
practice medicine in another state or jurisdiction or surrender of 209
membership on any medical staff or in any medical or professional 210
association or society while under disciplinary investigation by 211
any of those authorities or bodies for acts or conduct similar to 212
acts or conduct which would constitute grounds for action as 213
defined in this section. 214
(11) Final sanctions imposed by the United States 215
Department of Health and Human Services, Office of Inspector 216
General or any successor federal agency or office, based upon a 217
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finding of incompetency, gross misconduct or failure to meet 218
professionally recognized standards of health care; a certified 219
copy of the notice of final sanction being prima facie evidence 220
thereof. As used in this paragraph, the term "final sanction" 221
means the written notice to a physician from the United States 222
Department of Health and Human Services, Officer of Inspector 223
General or any successor federal agency or office, which 224
implements the exclusion. 225
(12) Failure to furnish the board, its investigators or 226
representatives information legally requested by the board. 227
(13) Violation of any provision(s) of the Medical 228
Practice Act or the rules and regulations of the board or of any 229
order, stipulation or agreement with the board. 230
(14) Violation(s) of the provisions of Sections 231
41-121-1 through 41-121-9 relating to deceptive advertisement by 232
health care practitioners. 233
(15) Performing or inducing an abortion on a woman in 234
violation of any provision of Sections 41-41-131 through 235
41-41-145. 236
(16) Performing an abortion on a pregnant woman after 237
determining that the unborn human individual that the pregnant 238
woman is carrying has a detectable fetal heartbeat as provided in 239
Section 41-41-34.1. 240
(17) Violation(s) of any provision of Title 41, Chapter 241
141, Mississippi Code of 1972. 242
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(18) Violation of the provisions of Section 1 of this 243
act. 244
In addition to the grounds specified above, the board shall 245
be authorized to suspend the license of any licensee for being out 246
of compliance with an order for support, as defined in Section 247
93-11-153. The procedure for suspension of a license for being 248
out of compliance with an order for support, and the procedure for 249
the reissuance or reinstatement of a license suspended for that 250
purpose, and the payment of any fees for the reissuance or 251
reinstatement of a license suspended for that purpose, shall be 252
governed by Section 93-11-157 or 93-11-163, as the case may be. 253
If there is any conflict between any provision of Section 254
93-11-157 or 93-11-163 and any provision of this chapter, the 255
provisions of Section 93-11-157 or 93-11-163, as the case may be, 256
shall control. 257
A physician who provides a written certification as 258
authorized under the Mississippi Medical Cannabis Act and in 259
compliance with rules and regulations adopted thereunder shall not 260
be subject to any disciplinary action under this section solely 261
due to providing the written certification. 262
SECTION 5. Section 73-9-61, Mississippi Code of 1972, is 263
amended as follows: 264
73-9-61. (1) Upon satisfactory proof, and in accordance 265
with statutory provisions elsewhere set out for such hearings and 266
protecting the rights of the accused as well as the public, the 267
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State Board of Dental Examiners may deny the issuance or renewal 268
of a license or may revoke or suspend the license of any licensed 269
dentist or dental hygienist practicing in the State of 270
Mississippi, or take any other action in relation to the license 271
as the board may deem proper under the circumstances, for any of 272
the following reasons: 273
(a) Misrepresentation in obtaining a license, or 274
attempting to obtain, obtaining, attempting to renew or renewing a 275
license or professional credential by making any material 276
misrepresentation, including the signing in his or her 277
professional capacity any certificate that is known to be false at 278
the time he or she makes or signs the certificate. 279
(b) Willful violation of any of the rules or 280
regulations duly promulgated by the board, or of any of the rules 281
or regulations duly promulgated by the appropriate dental 282
licensure agency of another state or jurisdiction. 283
(c) Being impaired in the ability to practice dentistry 284
or dental hygiene with reasonable skill and safety to patients by 285
reason of illness or use of alcohol, drugs, narcotics, chemicals, 286
or any other type of material or as a result of any mental or 287
physical condition. 288
(d) Administering, dispensing or prescribing any 289
prescriptive medication or drug outside the course of legitimate 290
professional dental practice. 291
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(e) Being convicted or found guilty of or entering a 292
plea of nolo contendere to, regardless of adjudication, a 293
violation of any federal or state law regulating the possession, 294
distribution or use of any narcotic drug or any drug considered a 295
controlled substance under state or federal law, a certified copy 296
of the conviction order or judgment rendered by the trial court 297
being prima facie evidence thereof, notwithstanding the pendency 298
of any appeal. 299
(f) Practicing incompetently or negligently, regardless 300
of whether there is actual harm to the patient. 301
(g) Being convicted or found guilty of or entering a 302
plea of nolo contendere to, regardless of adjudication, a crime in 303
any jurisdiction that relates to the practice of dentistry or 304
dental hygiene, a certified copy of the conviction order or 305
judgment rendered by the trial court being prima facie evidence 306
thereof, notwithstanding the pendency of any appeal. 307
(h) Being convicted or found guilty of or entering a 308
plea of nolo contendere to, regardless of adjudication, a felony 309
in any jurisdiction, a certified copy of the conviction order or 310
judgment rendered by the trial court being prima facie evidence 311
thereof, notwithstanding the pendency of any appeal. 312
(i) Delegating professional responsibilities to a 313
person who is not qualified by training, experience or licensure 314
to perform them. 315
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(j) The refusal of a licensing authority of another 316
state or jurisdiction to issue or renew a license, permit or 317
certificate to practice dentistry or dental hygiene in that 318
jurisdiction or the revocation, suspension or other restriction 319
imposed on a license, permit or certificate issued by the 320
licensing authority that prevents or restricts practice in that 321
jurisdiction, a certified copy of the disciplinary order or action 322
taken by the other state or jurisdiction being prima facie 323
evidence thereof, notwithstanding the pendency of any appeal. 324
(k) Surrender of a license or authorization to practice 325
dentistry or dental hygiene in another state or jurisdiction when 326
the board has reasonable cause to believe that the surrender is 327
made to avoid or in anticipation of a disciplinary action. 328
(l) Any unprofessional conduct to be determined by the 329
board on a case-by-case basis, which shall include, but not be 330
restricted to, the following: 331
(i) Committing any crime involving moral 332
turpitude. 333
(ii) Practicing deceit or other fraud upon the 334
public. 335
(iii) Practicing dentistry or dental hygiene under 336
a false or assumed name. 337
(iv) Advertising that is false, deceptive or 338
misleading. 339
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(v) Announcing a specialized practice shall be 340
considered advertising that tends to deceive or mislead the public 341
unless the dentist announcing as a specialist conforms to other 342
statutory provisions and the duly promulgated rules or regulations 343
of the board pertaining to practice of dentistry in the State of 344
Mississippi. 345
(m) Failure to provide and maintain reasonable sanitary 346
facilities and conditions or failure to follow board rules 347
regarding infection control. 348
(n) Committing any act which would constitute sexual 349
misconduct upon a patient or upon ancillary staff. For purposes 350
of this subsection, the term sexual misconduct means: 351
(i) Use of the licensee-patient relationship to 352
engage or attempt to engage the patient in sexual activity; or 353
(ii) Conduct of a licensee that is intended to 354
intimidate, coerce, influence or trick any person employed by or 355
for the licensee in a dental practice or educational setting for 356
the purpose of engaging in sexual activity or activity intended 357
for the sexual gratification of the licensee. 358
(o) Violation of a lawful order of the board previously 359
entered in a disciplinary or licensure hearing; failure to 360
cooperate with any lawful request or investigation by the board; 361
or failure to comply with a lawfully issued subpoena of the board. 362
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(p) Willful, obstinate and continuing refusal to 363
cooperate with the board in observing its rules and regulations in 364
promptly paying all legal license or other fees required by law. 365
(q) Practicing dentistry or dental hygiene while the 366
person's license is suspended. 367
(r) Violation(s) of the provisions of Sections 41-121-1 368
through 41-121-9 relating to deceptive advertisement by health 369
care practitioners. 370
(s) Violating the provisions of Section 1 of this act. 371
(2) In lieu of revocation of a license as provided for 372
above, the board may suspend the license of the offending dentist 373
or dental hygienist, suspend the sedation permit of the offending 374
dentist, or take any other action in relation to his or her 375
license as the board may deem proper under the circumstances. 376
(3) When a license to practice dentistry or dental hygiene 377
is revoked or suspended by the board, the board may, in its 378
discretion, stay the revocation or suspension and simultaneously 379
place the licensee on probation upon the condition that the 380
licensee shall not violate the laws of the State of Mississippi 381
pertaining to the practice of dentistry or dental hygiene and 382
shall not violate the rules and regulations of the board and shall 383
not violate any terms in relation to his or her license as may be 384
set by the board. 385
(4) In a proceeding conducted under this section by the 386
board for the denial, revocation or suspension of a license to 387
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practice dentistry or dental hygiene, the board shall have the 388
power and authority for the grounds stated for that denial, 389
revocation or suspension, and in addition thereto or in lieu of 390
that denial, revocation or suspension may assess and levy upon any 391
person licensed to practice dentistry or dental hygiene in the 392
State of Mississippi, a monetary penalty, as follows: 393
(a) For the first violation of any of paragraph (a), 394
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 395
(1) of this section, a monetary penalty of not less than Fifty 396
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). 397
(b) For the second violation of any of paragraph (a), 398
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 399
(1) of this section, a monetary penalty of not less than One 400
Hundred Dollars ($100.00) nor more than One Thousand Dollars 401
($1,000.00). 402
(c) For the third and any subsequent violation of any 403
of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or 404
(q) of subsection (1) of this section, a monetary penalty of not 405
less than Five Hundred Dollars ($500.00) and not more than Five 406
Thousand Dollars ($5,000.00). 407
(d) For any violation of any of paragraphs (a) through 408
(q) of subsection (1) of this section, those reasonable costs that 409
are expended by the board in the investigation and conduct of a 410
proceeding for licensure revocation or suspension, including, but 411
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not limited to, the cost of process service, court reporters, 412
expert witnesses and investigators. 413
(5) The power and authority of the board to assess and levy 414
monetary penalties under this section shall not be affected or 415
diminished by any other proceeding, civil or criminal, concerning 416
the same violation or violations except as provided in this 417
section. 418
(6) A licensee shall have the right of appeal from the 419
assessment and levy of a monetary penalty as provided in this 420
section under the same conditions as a right of appeal is provided 421
elsewhere for appeals from an adverse ruling, order or decision of 422
the board. 423
(7) Any monetary penalty assessed and levied under this 424
section shall not take effect until after the time for appeal has 425
expired. In the event of an appeal, the appeal shall act as a 426
supersedeas. 427
(8) A monetary penalty assessed and levied under this 428
section shall be paid to the board by the licensee upon the 429
expiration of the period allowed for appeal of those penalties 430
under this section or may be paid sooner if the licensee elects. 431
With the exception of subsection (4)(d) of this section, monetary 432
penalties collected by the board under this section shall be 433
deposited to the credit of the General Fund of the State Treasury. 434
Any monies collected by the board under subsection (4)(d) of this 435
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section shall be deposited into the special fund operating account 436
of the board. 437
(9) When payment of a monetary penalty assessed and levied 438
by the board against a licensee in accordance with this section is 439
not paid by the licensee when due under this section, the board 440
shall have power to institute and maintain proceedings in its name 441
for enforcement of payment in the chancery court of the county and 442
judicial district of residence of the licensee, and if the 443
licensee is a nonresident of the State of Mississippi, the 444
proceedings shall be in the Chancery Court of the First Judicial 445
District of Hinds County, Mississippi. 446
(10) In addition to the reasons specified in subsection (1) 447
of this section, the board shall be authorized to suspend the 448
license of any licensee for being out of compliance with an order 449
for support, as defined in Section 93-11-153. The procedure for 450
suspension of a license for being out of compliance with an order 451
for support, and the procedure for the reissuance or reinstatement 452
of a license suspended for that purpose, and the payment of any 453
fees for the reissuance or reinstatement of a license suspended 454
for that purpose, shall be governed by Section 93-11-157 or 455
93-11-163, as the case may be. If there is any conflict between 456
any provision of Section 93-11-157 or 93-11-163 and any provision 457
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 458
as the case may be, shall control. 459
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(11) All grounds for disciplinary action, including 460
imposition of fines and assessment of costs as enumerated above, 461
shall also apply to any other license or permit issued by the 462
board under this chapter or regulations duly adopted by the board. 463
SECTION 6. Section 73-6-19, Mississippi Code of 1972, is 464
amended as follows: 465
73-6-19. (1) The board shall refuse to grant a certificate 466
of licensure to any applicant or may cancel, revoke or suspend the 467
certificate upon the finding of any of the following facts 468
regarding the applicant or licensed practitioner: 469
(a) Failure to comply with the rules and regulations 470
adopted by the State Board of Chiropractic Examiners; 471
(b) Violation of any of the provisions of this chapter 472
or any of the rules and regulations of the State Board of Health 473
pursuant to this chapter with regard to the operation and use of 474
x-rays; 475
(c) Fraud or deceit in obtaining a license; 476
(d) Addiction to the use of alcohol, narcotic drugs, or 477
anything which would seriously interfere with the competent 478
performance of his professional duties; 479
(e) Conviction by a court of competent jurisdiction of 480
a felony, other than manslaughter or any violation of the United 481
States Internal Revenue Code; 482
(f) Unprofessional and unethical conduct; 483
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(g) Contraction of a contagious disease which may be 484
carried for a prolonged period; 485
(h) Failure to report to the Mississippi Department of 486
Human Services or the county attorney any case wherein there are 487
reasonable grounds to believe that a child or vulnerable adult has 488
been abused by its parent or person responsible for such person's 489
welfare; 490
(i) Advising a patient to use drugs, prescribing or 491
providing drugs for a patient, or advising a patient not to use a 492
drug prescribed by a licensed physician or dentist; 493
(j) Professional incompetency in the practice of 494
chiropractic; 495
(k) Having disciplinary action taken by his peers 496
within any professional chiropractic association or society; 497
(l) Offering to accept or accepting payment for 498
services rendered by assignment from any third-party payor after 499
offering to accept or accepting whatever the third-party payor 500
covers as payment in full, if the effect of the offering or 501
acceptance is to eliminate or give the impression of eliminating 502
the need for payment by an insured of any required deductions 503
applicable in the policy of the insured; 504
(m) Associating his practice with any chiropractor who 505
does not hold a valid chiropractic license in Mississippi, or 506
teach chiropractic manipulation to nonqualified persons under 507
Section 73-6-13; 508
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(n) Failure to make payment on chiropractic student 509
loans; 510
(o) Failure to follow record-keeping requirements 511
prescribed in Section 73-6-18; 512
(p) If the practitioner is certified to provide animal 513
chiropractic treatment, failure to follow guidelines approved by 514
the Mississippi Board of Veterinary Medicine; or 515
(q) Violation(s) of the provisions of Sections 41-121-1 516
through 41-121-9 relating to deceptive advertisement by health 517
care practitioners * * *; or 518
(r) Violating the provisions of Section 1 of this act. 519
(2) Any holder of such certificate or any applicant therefor 520
against whom is preferred any of the designated charges shall be 521
furnished a copy of the complaint and shall receive a formal 522
hearing in Jackson, Mississippi, before the board, at which time 523
he may be represented by counsel and examine witnesses. The board 524
is authorized to administer oaths as may be necessary for the 525
proper conduct of any such hearing. In addition, the board is 526
authorized and empowered to issue subpoenas for the attendance of 527
witnesses and the production of books and papers. The process 528
issued by the board shall extend to all parts of the state. Where 529
in any proceeding before the board any witness shall fail or 530
refuse to attend upon subpoena issued by the board, shall refuse 531
to testify, or shall refuse to produce any books and papers, the 532
production of which is called for by the subpoena, the attendance 533
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of such witness and the giving of his testimony and the production 534
of the books and papers shall be enforced by any court of 535
competent jurisdiction of this state in the manner provided for 536
the enforcement of attendance and testimony of witnesses in civil 537
cases in the courts of this state. 538
(3) In addition to any other investigators the board 539
employs, the board shall appoint one or more licensed 540
chiropractors to act for the board in investigating the conduct 541
relating to the competency of a chiropractor, whenever 542
disciplinary action is being considered for professional 543
incompetence and unprofessional conduct. 544
(4) Whenever the board finds any person unqualified to 545
practice chiropractic because of any of the grounds set forth in 546
subsection (1) of this section, after a hearing has been conducted 547
as prescribed by this section, the board may enter an order 548
imposing one or more of the following: 549
(a) Deny his application for a license or other 550
authorization to practice chiropractic; 551
(b) Administer a public or private reprimand; 552
(c) Suspend, limit or restrict his license or other 553
authorization to practice chiropractic for up to five (5) years; 554
(d) Revoke or cancel his license or other authorization 555
to practice chiropractic; 556
(e) Require him to submit to care, counseling or 557
treatment by physicians or chiropractors designated by the board, 558
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as a condition for initial, continued or renewal of licensure or 559
other authorization to practice chiropractic; 560
(f) Require him to participate in a program of 561
education prescribed by the board; or 562
(g) Require him to practice under the direction of a 563
chiropractor designated by the board for a specified period of 564
time. 565
(5) Any person whose application for a license or whose 566
license to practice chiropractic has been cancelled, revoked or 567
suspended by the board within thirty (30) days from the date of 568
such final decision shall have the right of a de novo appeal to 569
the circuit court of his county of residence or the Circuit Court 570
of the First Judicial District of Hinds County, Mississippi. If 571
there is an appeal, such appeal may, in the discretion of and on 572
motion to the circuit court, act as a supersedeas. The circuit 573
court shall dispose of the appeal and enter its decision promptly. 574
The hearing on the appeal may, in the discretion of the circuit 575
judge, be tried in vacation. Either party shall have the right of 576
appeal to the Supreme Court as provided by law from any decision 577
of the circuit court. 578
(6) In a proceeding conducted under this section by the 579
board for the revocation, suspension or cancellation of a license 580
to practice chiropractic, after a hearing has been conducted as 581
prescribed by this section, the board shall have the power and 582
authority for the grounds stated in subsection (1) of this 583
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section, with the exception of paragraph (c) thereof, to assess 584
and levy upon any person licensed to practice chiropractic in the 585
state a monetary penalty in lieu of such revocation, suspension or 586
cancellation, as follows: 587
(a) For the first violation, a monetary penalty of not 588
less than Five Hundred Dollars ($500.00) nor more than One 589
Thousand Dollars ($1,000.00) for each violation. 590
(b) For the second and each subsequent violation, a 591
monetary penalty of not less than One Thousand Dollars ($1,000.00) 592
nor more than Two Thousand Five Hundred Dollars ($2,500.00) for 593
each violation. 594
The power and authority of the board to assess and levy such 595
monetary penalties under this section shall not be affected or 596
diminished by any other proceeding, civil or criminal, concerning 597
the same violation or violations. A licensee shall have the right 598
of appeal from the assessment and levy of a monetary penalty as 599
provided in this section to the circuit court under the same 600
conditions as a right of appeal is provided for in this section 601
for appeals from an adverse ruling, or order, or decision of the 602
board. Any monetary penalty assessed and levied under this 603
section shall not take effect until after the time for appeal has 604
expired, and an appeal of the assessment and levy of such a 605
monetary penalty shall act as a supersedeas. 606
(7) In addition to the grounds specified in subsection (1) 607
of this section, the board shall be authorized to suspend the 608
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license of any licensee for being out of compliance with an order 609
for support, as defined in Section 93-11-153. The procedure for 610
suspension of a license for being out of compliance with an order 611
for support, and the procedure for the reissuance or reinstatement 612
of a license suspended for that purpose, and the payment of any 613
fees for the reissuance or reinstatement of a license suspended 614
for that purpose, shall be governed by Section 93-11-157 or 615
93-11-163, as the case may be. Actions taken by the board in 616
suspending a license when required by Section 93-11-157 or 617
93-11-163 are not actions from which an appeal may be taken under 618
this section. Any appeal of a license suspension that is required 619
by Section 93-11-157 or 93-11-163 shall be taken in accordance 620
with the appeal procedure specified in Section 93-11-157 or 621
93-11-163, as the case may be, rather than the procedure specified 622
in this section. If there is any conflict between any provision 623
of Section 93-11-157 or 93-11-163 and any provision of this 624
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 625
case may be, shall control. 626
SECTION 7. Section 73-19-23, Mississippi Code of 1972, is 627
amended as follows: 628
73-19-23. (1) (a) The board shall refuse to grant a 629
certificate of licensure to any applicant and may cancel, revoke 630
or suspend the operation of any certificate by it granted for any 631
or all of the following reasons: unprofessional and unethical 632
conduct or the conviction of a crime involving moral turpitude, 633
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habitual intemperance in the use of ardent spirits, or stimulants, 634
narcotics, or any other substance that impairs the intellect and 635
judgment to such an extent as to incapacitate one for the 636
performance of the duties of an optometrist. The certificate of 637
licensure of any person can be revoked for violating any section 638
of this chapter. 639
(b) The board shall conduct a criminal history records 640
check on licensure applicants and on licensees whose licenses are 641
subject to investigation. 642
(i) The applicant or licensee shall undergo a 643
fingerprint-based criminal history records check of the 644
Mississippi central criminal database and the Federal Bureau of 645
Investigation criminal history database. Each applicant or 646
licensee shall submit a full set of the applicant's fingerprints 647
in a form or manner prescribed by the board, which shall be 648
forwarded to the Bureau of Investigation Identification Division 649
for this purpose. 650
(ii) Any and all state or national criminal 651
history records information obtained by the board that is not 652
already a matter of public record shall be deemed nonpublic and 653
confidential information restricted to the exclusive use of the 654
board, its members, officers, investigators, agents and attorneys 655
in evaluating the applicant's eligibility or disqualification for 656
licensure, and shall be exempt from the Mississippi Public Records 657
Act of 1983. Except when introduced into evidence in a hearing 658
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before the board to determine licensure, no such information or 659
records related thereto shall, except with the written consent of 660
the applicant or licensee or by order of a court of competent 661
jurisdiction, be released or otherwise disclosed by the board to 662
any other person or agency. 663
(iii) The board shall provide to the department 664
the fingerprints of the applicant or licensee, any additional 665
information that may be required by the department, and a form 666
signed by the applicant consenting to the check of the criminal 667
records and to the use of the fingerprints and other identifying 668
information required by the state or national repositories. 669
(iv) The board shall charge and collect from the 670
applicant or licensee, in addition to all other applicable fees 671
and costs, such amount as may be incurred by the board in 672
requesting and obtaining state and national criminal history 673
records information on the applicant or licensee. 674
(2) The board shall further be authorized to take 675
disciplinary action against a licensee for any unlawful acts, 676
which shall include violations of regulations promulgated by the 677
board, as well as the following acts: 678
(a) Fraud or misrepresentation in applying for or 679
procuring an optometric license or in connection with applying for 680
or procuring periodic renewal of an optometric license. 681
(b) Cheating on or attempting to subvert the optometric 682
licensing examination(s). 683
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(c) The conviction of a felony in this state or any 684
other jurisdiction, or the entry of a guilty or nolo contendere 685
plea to a felony charge. 686
(d) The conviction of a felony as defined by federal 687
law, or the entry of a guilty or nolo contendere plea to a felony 688
charge. 689
(e) Conduct likely to deceive, defraud or harm the 690
public. 691
(f) Making a false or misleading statement regarding 692
his or her skill or the efficacy or value of the medicine, device, 693
treatment or remedy prescribed by him or her or used at his or her 694
direction in the treatment of any disease or other condition. 695
(g) Willfully or negligently violating the 696
confidentiality between doctor and patient, except as required by 697
law. 698
(h) Negligence or gross incompetence in the practice of 699
optometry as determined by the board. 700
(i) Being found to be a person with mental illness or 701
with an intellectual disability by any court of competent 702
jurisdiction. 703
(j) The use of any false, fraudulent, deceptive or 704
misleading statement in any document connected with the practice 705
of optometry. 706
(k) Aiding or abetting the practice of optometry by an 707
unlicensed, incompetent or impaired person. 708
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(l) Commission of any act of sexual abuse, misconduct 709
or exploitation related to the licensee's practice of optometry. 710
(m) Being addicted or habituated to a drug or 711
intoxicant. 712
(n) Violating any state or federal law or regulation 713
relating to a drug legally classified as a controlled substance. 714
(o) Obtaining any fee by fraud, deceit or 715
misrepresentation. 716
(p) Disciplinary action of another state or 717
jurisdiction against a licensee or other authorization to practice 718
optometry based upon acts or conduct by the licensee similar to 719
acts or conduct that would constitute grounds for action as 720
defined in this chapter, a certified copy of the record of the 721
action taken by the other state or jurisdiction being conclusive 722
evidence thereof. 723
(q) Failure to report to the board the relocation of 724
his or her office in or out of the jurisdiction, or to furnish 725
floor plans as required by regulation. 726
(r) Violation of any provision(s) of the Optometry 727
Practice Act or the rules and regulations of the board or of an 728
action, stipulation or agreement of the board. 729
(s) To advertise in a manner that tends to deceive, 730
mislead or defraud the public. 731
(t) The designation of any person licensed under this 732
chapter, other than by the terms "optometrist," "Doctor of 733
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Optometry" or "O.D.," which shall include any violation(s) of the 734
provisions of Sections 41-121-1 through 41-121-9 relating to 735
deceptive advertisement by health care practitioners. 736
(u) To knowingly submit or cause to be submitted any 737
misleading, deceptive or fraudulent representation on a claim 738
form, bill or statement. 739
(v) To practice or attempt to practice optometry while 740
his or her license is suspended. 741
(w) Violating the provisions of Section 1 of this act. 742
(3) Any person who is a holder of a certificate of licensure 743
or who is an applicant for examination for a certificate of 744
licensure, against whom is preferred any charges, shall be 745
furnished by the board with a copy of the complaint and shall have 746
a hearing in Jackson, Mississippi, before the board, at which 747
hearing he may be represented by counsel. At the hearing, 748
witnesses may be examined for and against the accused respecting 749
those charges, and the hearing orders or appeals will be conducted 750
according to the procedure now provided in Section 73-25-27. The 751
suspension of a certificate of licensure by reason of the use of 752
stimulants or narcotics may be removed when the holder of the 753
certificate has been adjudged by the board to be cured and capable 754
of practicing optometry. 755
(4) In addition to the reasons specified in subsections (1) 756
and (2) of this section, the board shall be authorized to suspend 757
the license of any licensee for being out of compliance with an 758
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order for support, as defined in Section 93-11-153. The procedure 759
for suspension of a license for being out of compliance with an 760
order for support, and the procedure for the reissuance or 761
reinstatement of a license suspended for that purpose, and the 762
payment of any fees for the reissuance or reinstatement of a 763
license suspended for that purpose, shall be governed by Section 764
93-11-157 or 93-11-163, as the case may be. If there is any 765
conflict between any provision of Section 93-11-157 or 93-11-163 766
and any provision of this chapter, the provisions of Section 767
93-11-157 or 93-11-163, as the case may be, shall control. 768
(5) A licensee who provides a written certification as 769
authorized under the Mississippi Medical Cannabis Act and in 770
compliance with rules and regulations adopted thereunder shall not 771
be subject to any disciplinary action under this section solely 772
due to providing the written certification. 773
SECTION 8. Section 73-27-13, Mississippi Code of 1972, is 774
amended as follows: 775
73-27-13. (1) The State Board of Medical Licensure may 776
refuse to issue, suspend, revoke or otherwise restrict any license 777
provided for in this chapter, with the advice of the advisory 778
committee, based upon the following grounds: 779
(a) Habitual personal use of narcotic drugs, or any 780
other drug having addiction-forming or addiction-sustaining 781
liability. 782
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(b) Habitual use of intoxicating liquors, or any 783
beverage, to an extent which affects professional competency. 784
(c) Administering, dispensing or prescribing any 785
narcotic drug, or any other drug having addiction-forming or 786
addiction-sustaining liability otherwise than in the course of 787
legitimate professional practice. 788
(d) Conviction of violation of any federal or state law 789
regulating the possession, distribution or use of any narcotic 790
drug or any drug considered a controlled substance under state or 791
federal law. 792
(e) Performing any medical diagnosis or treatment 793
outside the scope of podiatry as defined in Section 73-27-1. 794
(f) Conviction of a felony or misdemeanor involving 795
moral turpitude. 796
(g) Obtaining or attempting to obtain a license by 797
fraud or deception. 798
(h) Unprofessional conduct, which includes, but is not 799
limited to: 800
(i) Practicing medicine under a false or assumed 801
name or impersonating another practitioner, living or dead. 802
(ii) Knowingly performing any act which in any way 803
assists an unlicensed person to practice podiatry. 804
(iii) Making or willfully causing to be made any 805
flamboyant claims concerning the licensee's professional 806
excellence. 807
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(iv) Being guilty of any dishonorable or unethical 808
conduct likely to deceive, defraud or harm the public. 809
(v) Obtaining a fee as personal compensation or 810
gain from a person on fraudulent representation a disease or 811
injury condition generally considered incurable by competent 812
medical authority in the light of current scientific knowledge and 813
practice can be cured or offering, undertaking, attempting or 814
agreeing to cure or treat the same by a secret method, which he 815
refuses to divulge to the board upon request. 816
(vi) Use of any false, fraudulent or forged 817
statement or document, or the use of any fraudulent, deceitful, 818
dishonest or immoral practice in connection with any of the 819
licensing requirements, including the signing in his professional 820
capacity any certificate that is known to be false at the time he 821
makes or signs such certificate. 822
(vii) Failing to identify a podiatrist's school of 823
practice in all professional uses of his name by use of his earned 824
degree or a description of his school of practice. 825
(i) The refusal of a licensing authority of another 826
state to issue or renew a license, permit or certificate to 827
practice podiatry in that state or the revocation, suspension or 828
other restriction imposed on a license, permit or certificate 829
issued by such licensing authority which prevents or restricts 830
practice in that state. 831
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(j) Violation(s) of the provisions of Sections 41-121-1 832
through 41-121-9 relating to deceptive advertisement by health 833
care practitioners. 834
(k) Violating the provisions of Section 1 of this act. 835
(2) Upon the nonissuance, suspension or revocation of a 836
license to practice podiatry, the board may, in its discretion and 837
with the advice of the advisory committee, reissue a license after 838
a lapse of six (6) months. No advertising shall be permitted 839
except regular professional cards. 840
(3) In its investigation of whether the license of a 841
podiatrist should be suspended, revoked or otherwise restricted, 842
the board may inspect patient records in accordance with the 843
provisions of Section 73-25-28. 844
(4) In addition to the grounds specified in subsection (1) 845
of this section, the board shall be authorized to suspend the 846
license of any licensee for being out of compliance with an order 847
for support, as defined in Section 93-11-153. The procedure for 848
suspension of a license for being out of compliance with an order 849
for support, and the procedure for the reissuance or reinstatement 850
of a license suspended for that purpose, and the payment of any 851
fees for the reissuance or reinstatement of a license suspended 852
for that purpose, shall be governed by Section 93-11-157 or 853
93-11-163, as the case may be. If there is any conflict between 854
any provision of Section 93-11-157 or 93-11-163 and any provision 855
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of this chapter, the provisions of Section 93-11-157 or 93-11-163, 856
as the case may be, shall control. 857
SECTION 9. Section 73-15-29, Mississippi Code of 1972, is 858
amended as follows: 859
73-15-29. (1) The board shall have power to revoke, suspend 860
or refuse to renew any license issued by the board, or to revoke 861
or suspend any privilege to practice, or to deny an application 862
for a license, or to fine, place on probation and/or discipline a 863
licensee, in any manner specified in this article, upon proof that 864
such person: 865
(a) Has committed fraud or deceit in securing or 866
attempting to secure such license; 867
(b) Has been convicted of a felony, or a crime 868
involving moral turpitude or has had accepted by a court a plea of 869
nolo contendere to a felony or a crime involving moral turpitude 870
(a certified copy of the judgment of the court of competent 871
jurisdiction of such conviction or pleas shall be prima facie 872
evidence of such conviction); 873
(c) Has negligently or willfully acted in a manner 874
inconsistent with the health or safety of the persons under the 875
licensee's care; 876
(d) Has had a license or privilege to practice as a 877
registered nurse or a licensed practical nurse suspended or 878
revoked in any jurisdiction, has voluntarily surrendered such 879
license or privilege to practice in any jurisdiction, has been 880
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placed on probation as a registered nurse or licensed practical 881
nurse in any jurisdiction or has been placed under a disciplinary 882
order(s) in any manner as a registered nurse or licensed practical 883
nurse in any jurisdiction, (a certified copy of the order of 884
suspension, revocation, probation or disciplinary action shall be 885
prima facie evidence of such action); 886
(e) Has negligently or willfully practiced nursing in a 887
manner that fails to meet generally accepted standards of such 888
nursing practice; 889
(f) Has negligently or willfully violated any order, 890
rule or regulation of the board pertaining to nursing practice or 891
licensure; 892
(g) Has falsified or in a repeatedly negligent manner 893
made incorrect entries or failed to make essential entries on 894
records; 895
(h) Is addicted to or dependent on alcohol or other 896
habit-forming drugs or is a habitual user of narcotics, 897
barbiturates, amphetamines, hallucinogens, or other drugs having 898
similar effect, or has misappropriated any medication; 899
(i) Has a physical, mental or emotional condition that 900
renders the licensee unable to perform nursing services or duties 901
with reasonable skill and safety; 902
(j) Has engaged in any other conduct, whether of the 903
same or of a different character from that specified in this 904
article, that would constitute a crime as defined in Title 97 of 905
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the Mississippi Code of 1972, as now or hereafter amended, and 906
that relates to such person's employment as a registered nurse or 907
licensed practical nurse; 908
(k) Engages in conduct likely to deceive, defraud or 909
harm the public; 910
(l) Engages in any unprofessional conduct as identified 911
by the board in its rules; 912
(m) Has violated any provision of this article; 913
(n) Violation(s) of the provisions of Sections 41-121-1 914
through 41-121-9 relating to deceptive advertisement by health 915
care practitioners; * * * 916
(o) Violation(s) of any provision of Title 41, Chapter 917
141, Mississippi Code of 1972 * * *; or 918
(p) Violating the provisions of Section 1 of this act. 919
(2) When the board finds any person unqualified because of 920
any of the grounds set forth in subsection (1) of this section, it 921
may enter an order imposing one or more of the following 922
penalties: 923
(a) Denying application for a license or other 924
authorization to practice nursing or practical nursing; 925
(b) Administering a reprimand; 926
(c) Suspending or restricting the license or other 927
authorization to practice as a registered nurse or licensed 928
practical nurse for up to two (2) years without review; 929
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(d) Revoking the license or other authorization to 930
practice nursing or practical nursing; 931
(e) Requiring the disciplinee to submit to care, 932
counseling or treatment by persons and/or agencies approved or 933
designated by the board as a condition for initial, continued or 934
renewed licensure or other authorization to practice nursing or 935
practical nursing; 936
(f) Requiring the disciplinee to participate in a 937
program of education prescribed by the board as a condition for 938
initial, continued or renewed licensure or other authorization to 939
practice; 940
(g) Requiring the disciplinee to practice under the 941
supervision of a registered nurse for a specified period of time; 942
or 943
(h) Imposing a fine not to exceed Five Hundred Dollars 944
($500.00). 945
(3) In addition to the grounds specified in subsection (1) 946
of this section, the board shall be authorized to suspend the 947
license or privilege to practice of any licensee for being out of 948
compliance with an order for support, as defined in Section 949
93-11-153. The procedure for suspension of a license or privilege 950
to practice for being out of compliance with an order for support, 951
and the procedure for the reissuance or reinstatement of a license 952
or privilege to practice suspended for that purpose, and the 953
payment of any fees for the reissuance or reinstatement of a 954
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license or privilege to practice suspended for that purpose, shall 955
be governed by Section 93-11-157 or 93-11-163, as the case may be. 956
If there is any conflict between any provision of Section 957
93-11-157 or 93-11-163 and any provision of this article, the 958
provisions of Section 93-11-157 or 93-11-163, as the case may be, 959
shall control. 960
(4) If the public health, safety or welfare imperatively 961
requires emergency action and the board incorporates a finding to 962
that effect in an order, the board may order summary suspension of 963
a license pending proceedings for revocation or other action. 964
These proceedings shall be promptly instituted and determined by 965
the board. 966
(5) The board may establish by rule an alternative to 967
discipline program for licensees who have an impairment as a 968
result of substance abuse or a mental health condition, which 969
program shall include at least the following components: 970
(a) Participation in the program is voluntary with the 971
licensee, and the licensee must enter the program before the board 972
holds a disciplinary action hearing regarding the licensee; 973
(b) The full cost of participation in the program, 974
including the cost of any care, counseling, treatment and/or 975
education received by the licensee, shall be borne by the 976
licensee; 977
(c) All of the procedures and records regarding the 978
licensee's participation in the program shall be confidential, 979
H. B. No. 1113 *HR43/R669* ~ OFFICIAL ~
26/HR43/R669
PAGE 41 (ENK\KP)
ST: Medical providers and medical malpractice
insurers; prohibit consent to arbitration as a
condition for care or insurance.
shall not be disclosed and shall be exempt from the provisions of 980
the Mississippi Public Records Act of 1983; and 981
(d) A licensee may not participate in the program more 982
often than one (1) time during any period of five (5) years or 983
such longer period as set by the board. 984
(6) A nurse practitioner who provides a written 985
certification as authorized under the Mississippi Medical Cannabis 986
Act and in compliance with rules and regulations adopted 987
thereunder shall not be subject to any disciplinary action under 988
this section solely due to providing the written certification. 989
SECTION 10. This act shall take effect and be in force from 990
and after July 1, 2026. 991