Licensing boards; prohibit from disciplinary or threatening discipline of health care providers for exercising free speech rights.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1252

AN ACT TO CREATE NEW SECTION 73-49-5, MISSISSIPPI CODE OF 1
1972, TO PROHIBIT THE LICENSING BOARDS OR AGENCIES OF HEALTH CARE 2
PRACTITIONERS FROM REPRIMANDING, SANCTIONING, REVOKING OR 3
THREATENING TO REVOKE A LICENSE, CERTIFICATE OR REGISTRATION OF A 4
PRACTITIONER FOR EXERCISING HIS OR HER CONSTITUTIONAL RIGHT OF 5
FREE SPEECH, UNLESS THE BOARD OR AGENCY PROVES BEYOND A REASONABLE 6
DOUBT THAT THE SPEECH USED BY THE PRACTITIONER LED TO THE DIRECT 7
PHYSICAL HARM OF A PERSON WITH WHOM THE PRACTITIONER HAD A 8
PRACTITIONER-PATIENT RELATIONSHIP; TO REQUIRE THE LICENSING BOARDS 9
OR AGENCIES OF HEALTH CARE PRACTITIONERS TO PROVIDE A 10
PRACTITIONER WITH ANY COMPLAINTS RECEIVED FOR WHICH REVOCATION 11
ACTIONS MAY BE IN ORDER WITHIN SEVEN DAYS AFTER RECEIPT OF SUCH 12
COMPLAINT; TO AMEND SECTIONS 73-6-19, 73-9-61, 73-15-29, 73-19-23, 13
73-21-97, 73-23-59, 73-25-29, 73-26-5, 73-27-13, 73-31-21, 14
73-39-77, 73-71-33 AND 73-75-19, MISSISSIPPI CODE OF 1972, TO 15
CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. The following shall be codified as Section 18
73-49-5, Mississippi Code of 1972: 19
73-49-5. (1) As used in this section, the following terms 20
shall be defined as provided in this subsection: 21
(a) "Health care" means any care, treatment, service, 22
or procedure to maintain, diagnose, or otherwise affect an 23
individual's physical or mental condition. 24
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(b) "Health care practitioner" means an individual 25
licensed, certified or otherwise authorized or permitted by law to 26
provide health care in the ordinary course of business or practice 27
of a profession. 28
(2) The board or agency that licenses, certifies or 29
registers a health care practitioner: 30
(a) May not reprimand, sanction, revoke or threaten to 31
revoke a license, certificate or registration of a health care 32
practitioner for exercising his or her constitutional right of 33
free speech, including, but not limited to, speech through the use 34
of a social media platform, unless the board or agency proves 35
beyond a reasonable doubt that the speech used by the health care 36
practitioner led to the direct physical harm of a person with whom 37
the health care practitioner had a practitioner-patient 38
relationship within the three (3) years immediately preceding the 39
physical harm; and 40
(b) Must provide a health care practitioner with any 41
complaints received for which revocation actions may be in order 42
within seven (7) days after receipt of such complaint. 43
SECTION 2. Section 73-6-19, Mississippi Code of 1972, is 44
amended as follows: 45
73-6-19. (1) The board shall refuse to grant a certificate 46
of licensure to any applicant or may cancel, revoke or suspend the 47
certificate upon the finding of any of the following facts 48
regarding the applicant or licensed practitioner: 49
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(a) Failure to comply with the rules and regulations 50
adopted by the State Board of Chiropractic Examiners; 51
(b) Violation of any of the provisions of this chapter 52
or any of the rules and regulations of the State Board of Health 53
pursuant to this chapter with regard to the operation and use of 54
x-rays; 55
(c) Fraud or deceit in obtaining a license; 56
(d) Addiction to the use of alcohol, narcotic drugs, or 57
anything which would seriously interfere with the competent 58
performance of his professional duties; 59
(e) Conviction by a court of competent jurisdiction of 60
a felony, other than manslaughter or any violation of the United 61
States Internal Revenue Code; 62
(f) Unprofessional and unethical conduct; 63
(g) Contraction of a contagious disease which may be 64
carried for a prolonged period; 65
(h) Failure to report to the Mississippi Department of 66
Human Services or the county attorney any case wherein there are 67
reasonable grounds to believe that a child or vulnerable adult has 68
been abused by its parent or person responsible for such person's 69
welfare; 70
(i) Advising a patient to use drugs, prescribing or 71
providing drugs for a patient, or advising a patient not to use a 72
drug prescribed by a licensed physician or dentist; 73
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(j) Professional incompetency in the practice of 74
chiropractic; 75
(k) Having disciplinary action taken by his peers 76
within any professional chiropractic association or society; 77
(l) Offering to accept or accepting payment for 78
services rendered by assignment from any third-party payor after 79
offering to accept or accepting whatever the third-party payor 80
covers as payment in full, if the effect of the offering or 81
acceptance is to eliminate or give the impression of eliminating 82
the need for payment by an insured of any required deductions 83
applicable in the policy of the insured; 84
(m) Associating his practice with any chiropractor who 85
does not hold a valid chiropractic license in Mississippi, or 86
teach chiropractic manipulation to nonqualified persons under 87
Section 73-6-13; 88
(n) Failure to make payment on chiropractic student 89
loans; 90
(o) Failure to follow record-keeping requirements 91
prescribed in Section 73-6-18; 92
(p) If the practitioner is certified to provide animal 93
chiropractic treatment, failure to follow guidelines approved by 94
the Mississippi Board of Veterinary Medicine; or 95
(q) Violation(s) of the provisions of Sections 41-121-1 96
through 41-121-9 relating to deceptive advertisement by health 97
care practitioners. 98
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(2) Any holder of such certificate or any applicant therefor 99
against whom is preferred any of the designated charges shall be 100
furnished a copy of the complaint and shall receive a formal 101
hearing in Jackson, Mississippi, before the board, at which time 102
he may be represented by counsel and examine witnesses. The board 103
is authorized to administer oaths as may be necessary for the 104
proper conduct of any such hearing. In addition, the board is 105
authorized and empowered to issue subpoenas for the attendance of 106
witnesses and the production of books and papers. The process 107
issued by the board shall extend to all parts of the state. Where 108
in any proceeding before the board any witness shall fail or 109
refuse to attend upon subpoena issued by the board, shall refuse 110
to testify, or shall refuse to produce any books and papers, the 111
production of which is called for by the subpoena, the attendance 112
of such witness and the giving of his testimony and the production 113
of the books and papers shall be enforced by any court of 114
competent jurisdiction of this state in the manner provided for 115
the enforcement of attendance and testimony of witnesses in civil 116
cases in the courts of this state. 117
(3) In addition to any other investigators the board 118
employs, the board shall appoint one or more licensed 119
chiropractors to act for the board in investigating the conduct 120
relating to the competency of a chiropractor, whenever 121
disciplinary action is being considered for professional 122
incompetence and unprofessional conduct. 123
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(4) Whenever the board finds any person unqualified to 124
practice chiropractic because of any of the grounds set forth in 125
subsection (1) of this section, after a hearing has been conducted 126
as prescribed by this section, the board may enter an order 127
imposing one or more of the following: 128
(a) Deny his application for a license or other 129
authorization to practice chiropractic; 130
(b) Administer a public or private reprimand; 131
(c) Suspend, limit or restrict his license or other 132
authorization to practice chiropractic for up to five (5) years; 133
(d) Revoke or cancel his license or other authorization 134
to practice chiropractic; 135
(e) Require him to submit to care, counseling or 136
treatment by physicians or chiropractors designated by the board, 137
as a condition for initial, continued or renewal of licensure or 138
other authorization to practice chiropractic; 139
(f) Require him to participate in a program of 140
education prescribed by the board; or 141
(g) Require him to practice under the direction of a 142
chiropractor designated by the board for a specified period of 143
time. 144
(5) Any person whose application for a license or whose 145
license to practice chiropractic has been cancelled, revoked or 146
suspended by the board within thirty (30) days from the date of 147
such final decision shall have the right of a de novo appeal to 148
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the circuit court of his county of residence or the Circuit Court 149
of the First Judicial District of Hinds County, Mississippi. If 150
there is an appeal, such appeal may, in the discretion of and on 151
motion to the circuit court, act as a supersedeas. The circuit 152
court shall dispose of the appeal and enter its decision promptly. 153
The hearing on the appeal may, in the discretion of the circuit 154
judge, be tried in vacation. Either party shall have the right of 155
appeal to the Supreme Court as provided by law from any decision 156
of the circuit court. 157
(6) In a proceeding conducted under this section by the 158
board for the revocation, suspension or cancellation of a license 159
to practice chiropractic, after a hearing has been conducted as 160
prescribed by this section, the board shall have the power and 161
authority for the grounds stated in subsection (1) of this 162
section, with the exception of paragraph (c) thereof, to assess 163
and levy upon any person licensed to practice chiropractic in the 164
state a monetary penalty in lieu of such revocation, suspension or 165
cancellation, as follows: 166
(a) For the first violation, a monetary penalty of not 167
less than Five Hundred Dollars ($500.00) nor more than One 168
Thousand Dollars ($1,000.00) for each violation. 169
(b) For the second and each subsequent violation, a 170
monetary penalty of not less than One Thousand Dollars ($1,000.00) 171
nor more than Two Thousand Five Hundred Dollars ($2,500.00) for 172
each violation. 173
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The power and authority of the board to assess and levy such 174
monetary penalties under this section shall not be affected or 175
diminished by any other proceeding, civil or criminal, concerning 176
the same violation or violations. A licensee shall have the right 177
of appeal from the assessment and levy of a monetary penalty as 178
provided in this section to the circuit court under the same 179
conditions as a right of appeal is provided for in this section 180
for appeals from an adverse ruling, or order, or decision of the 181
board. Any monetary penalty assessed and levied under this 182
section shall not take effect until after the time for appeal has 183
expired, and an appeal of the assessment and levy of such a 184
monetary penalty shall act as a supersedeas. 185
(7) In addition to the grounds specified in subsection (1) 186
of this section, the board shall be authorized to suspend the 187
license of any licensee for being out of compliance with an order 188
for support, as defined in Section 93-11-153. The procedure for 189
suspension of a license for being out of compliance with an order 190
for support, and the procedure for the reissuance or reinstatement 191
of a license suspended for that purpose, and the payment of any 192
fees for the reissuance or reinstatement of a license suspended 193
for that purpose, shall be governed by Section 93-11-157 or 194
93-11-163, as the case may be. Actions taken by the board in 195
suspending a license when required by Section 93-11-157 or 196
93-11-163 are not actions from which an appeal may be taken under 197
this section. Any appeal of a license suspension that is required 198
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by Section 93-11-157 or 93-11-163 shall be taken in accordance 199
with the appeal procedure specified in Section 93-11-157 or 200
93-11-163, as the case may be, rather than the procedure specified 201
in this section. If there is any conflict between any provision 202
of Section 93-11-157 or 93-11-163 and any provision of this 203
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 204
case may be, shall control. 205
(8) The board shall be subject to the limits on disciplinary 206
action as provided in Section 73-49-5. 207
SECTION 3. Section 73-9-61, Mississippi Code of 1972, is 208
amended as follows: 209
73-9-61. (1) Upon satisfactory proof, and in accordance 210
with statutory provisions elsewhere set out for such hearings and 211
protecting the rights of the accused as well as the public, the 212
State Board of Dental Examiners may deny the issuance or renewal 213
of a license or may revoke or suspend the license of any licensed 214
dentist or dental hygienist practicing in the State of 215
Mississippi, or take any other action in relation to the license 216
as the board may deem proper under the circumstances, for any of 217
the following reasons: 218
(a) Misrepresentation in obtaining a license, or 219
attempting to obtain, obtaining, attempting to renew or renewing a 220
license or professional credential by making any material 221
misrepresentation, including the signing in his or her 222
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professional capacity any certificate that is known to be false at 223
the time he or she makes or signs the certificate. 224
(b) Willful violation of any of the rules or 225
regulations duly promulgated by the board, or of any of the rules 226
or regulations duly promulgated by the appropriate dental 227
licensure agency of another state or jurisdiction. 228
(c) Being impaired in the ability to practice dentistry 229
or dental hygiene with reasonable skill and safety to patients by 230
reason of illness or use of alcohol, drugs, narcotics, chemicals, 231
or any other type of material or as a result of any mental or 232
physical condition. 233
(d) Administering, dispensing or prescribing any 234
prescriptive medication or drug outside the course of legitimate 235
professional dental practice. 236
(e) Being convicted or found guilty of or entering a 237
plea of nolo contendere to, regardless of adjudication, a 238
violation of any federal or state law regulating the possession, 239
distribution or use of any narcotic drug or any drug considered a 240
controlled substance under state or federal law, a certified copy 241
of the conviction order or judgment rendered by the trial court 242
being prima facie evidence thereof, notwithstanding the pendency 243
of any appeal. 244
(f) Practicing incompetently or negligently, regardless 245
of whether there is actual harm to the patient. 246
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(g) Being convicted or found guilty of or entering a 247
plea of nolo contendere to, regardless of adjudication, a crime in 248
any jurisdiction that relates to the practice of dentistry or 249
dental hygiene, a certified copy of the conviction order or 250
judgment rendered by the trial court being prima facie evidence 251
thereof, notwithstanding the pendency of any appeal. 252
(h) Being convicted or found guilty of or entering a 253
plea of nolo contendere to, regardless of adjudication, a felony 254
in any jurisdiction, a certified copy of the conviction order or 255
judgment rendered by the trial court being prima facie evidence 256
thereof, notwithstanding the pendency of any appeal. 257
(i) Delegating professional responsibilities to a 258
person who is not qualified by training, experience or licensure 259
to perform them. 260
(j) The refusal of a licensing authority of another 261
state or jurisdiction to issue or renew a license, permit or 262
certificate to practice dentistry or dental hygiene in that 263
jurisdiction or the revocation, suspension or other restriction 264
imposed on a license, permit or certificate issued by the 265
licensing authority that prevents or restricts practice in that 266
jurisdiction, a certified copy of the disciplinary order or action 267
taken by the other state or jurisdiction being prima facie 268
evidence thereof, notwithstanding the pendency of any appeal. 269
(k) Surrender of a license or authorization to practice 270
dentistry or dental hygiene in another state or jurisdiction when 271
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the board has reasonable cause to believe that the surrender is 272
made to avoid or in anticipation of a disciplinary action. 273
(l) Any unprofessional conduct to be determined by the 274
board on a case-by-case basis, which shall include, but not be 275
restricted to, the following: 276
(i) Committing any crime involving moral 277
turpitude. 278
(ii) Practicing deceit or other fraud upon the 279
public. 280
(iii) Practicing dentistry or dental hygiene under 281
a false or assumed name. 282
(iv) Advertising that is false, deceptive or 283
misleading. 284
(v) Announcing a specialized practice shall be 285
considered advertising that tends to deceive or mislead the public 286
unless the dentist announcing as a specialist conforms to other 287
statutory provisions and the duly promulgated rules or regulations 288
of the board pertaining to practice of dentistry in the State of 289
Mississippi. 290
(m) Failure to provide and maintain reasonable sanitary 291
facilities and conditions or failure to follow board rules 292
regarding infection control. 293
(n) Committing any act which would constitute sexual 294
misconduct upon a patient or upon ancillary staff. For purposes 295
of this subsection, the term sexual misconduct means: 296
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(i) Use of the licensee-patient relationship to 297
engage or attempt to engage the patient in sexual activity; or 298
(ii) Conduct of a licensee that is intended to 299
intimidate, coerce, influence or trick any person employed by or 300
for the licensee in a dental practice or educational setting for 301
the purpose of engaging in sexual activity or activity intended 302
for the sexual gratification of the licensee. 303
(o) Violation of a lawful order of the board previously 304
entered in a disciplinary or licensure hearing; failure to 305
cooperate with any lawful request or investigation by the board; 306
or failure to comply with a lawfully issued subpoena of the board. 307
(p) Willful, obstinate and continuing refusal to 308
cooperate with the board in observing its rules and regulations in 309
promptly paying all legal license or other fees required by law. 310
(q) Practicing dentistry or dental hygiene while the 311
person's license is suspended. 312
(r) Violation(s) of the provisions of Sections 41-121-1 313
through 41-121-9 relating to deceptive advertisement by health 314
care practitioners. 315
(2) In lieu of revocation of a license as provided for 316
above, the board may suspend the license of the offending dentist 317
or dental hygienist, suspend the sedation permit of the offending 318
dentist, or take any other action in relation to his or her 319
license as the board may deem proper under the circumstances. 320
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(3) When a license to practice dentistry or dental hygiene 321
is revoked or suspended by the board, the board may, in its 322
discretion, stay the revocation or suspension and simultaneously 323
place the licensee on probation upon the condition that the 324
licensee shall not violate the laws of the State of Mississippi 325
pertaining to the practice of dentistry or dental hygiene and 326
shall not violate the rules and regulations of the board and shall 327
not violate any terms in relation to his or her license as may be 328
set by the board. 329
(4) In a proceeding conducted under this section by the 330
board for the denial, revocation or suspension of a license to 331
practice dentistry or dental hygiene, the board shall have the 332
power and authority for the grounds stated for that denial, 333
revocation or suspension, and in addition thereto or in lieu of 334
that denial, revocation or suspension may assess and levy upon any 335
person licensed to practice dentistry or dental hygiene in the 336
State of Mississippi, a monetary penalty, as follows: 337
(a) For the first violation of any of paragraph (a), 338
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 339
(1) of this section, a monetary penalty of not less than Fifty 340
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). 341
(b) For the second violation of any of paragraph (a), 342
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 343
(1) of this section, a monetary penalty of not less than One 344
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Hundred Dollars ($100.00) nor more than One Thousand Dollars 345
($1,000.00). 346
(c) For the third and any subsequent violation of any 347
of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or 348
(q) of subsection (1) of this section, a monetary penalty of not 349
less than Five Hundred Dollars ($500.00) and not more than Five 350
Thousand Dollars ($5,000.00). 351
(d) For any violation of any of paragraphs (a) through 352
(q) of subsection (1) of this section, those reasonable costs that 353
are expended by the board in the investigation and conduct of a 354
proceeding for licensure revocation or suspension, including, but 355
not limited to, the cost of process service, court reporters, 356
expert witnesses and investigators. 357
(5) The power and authority of the board to assess and levy 358
monetary penalties under this section shall not be affected or 359
diminished by any other proceeding, civil or criminal, concerning 360
the same violation or violations except as provided in this 361
section. 362
(6) A licensee shall have the right of appeal from the 363
assessment and levy of a monetary penalty as provided in this 364
section under the same conditions as a right of appeal is provided 365
elsewhere for appeals from an adverse ruling, order or decision of 366
the board. 367
(7) Any monetary penalty assessed and levied under this 368
section shall not take effect until after the time for appeal has 369
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expired. In the event of an appeal, the appeal shall act as a 370
supersedeas. 371
(8) A monetary penalty assessed and levied under this 372
section shall be paid to the board by the licensee upon the 373
expiration of the period allowed for appeal of those penalties 374
under this section or may be paid sooner if the licensee elects. 375
With the exception of subsection (4)(d) of this section, monetary 376
penalties collected by the board under this section shall be 377
deposited to the credit of the General Fund of the State Treasury. 378
Any monies collected by the board under subsection (4)(d) of this 379
section shall be deposited into the special fund operating account 380
of the board. 381
(9) When payment of a monetary penalty assessed and levied 382
by the board against a licensee in accordance with this section is 383
not paid by the licensee when due under this section, the board 384
shall have power to institute and maintain proceedings in its name 385
for enforcement of payment in the chancery court of the county and 386
judicial district of residence of the licensee, and if the 387
licensee is a nonresident of the State of Mississippi, the 388
proceedings shall be in the Chancery Court of the First Judicial 389
District of Hinds County, Mississippi. 390
(10) In addition to the reasons specified in subsection (1) 391
of this section, the board shall be authorized to suspend the 392
license of any licensee for being out of compliance with an order 393
for support, as defined in Section 93-11-153. The procedure for 394
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suspension of a license for being out of compliance with an order 395
for support, and the procedure for the reissuance or reinstatement 396
of a license suspended for that purpose, and the payment of any 397
fees for the reissuance or reinstatement of a license suspended 398
for that purpose, shall be governed by Section 93-11-157 or 399
93-11-163, as the case may be. If there is any conflict between 400
any provision of Section 93-11-157 or 93-11-163 and any provision 401
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 402
as the case may be, shall control. 403
(11) All grounds for disciplinary action, including 404
imposition of fines and assessment of costs as enumerated above, 405
shall also apply to any other license or permit issued by the 406
board under this chapter or regulations duly adopted by the board. 407
(12) The board shall be subject to the limits on 408
disciplinary action as provided in Section 73-49-5. 409
SECTION 4. Section 73-15-29, Mississippi Code of 1972, is 410
amended as follows: 411
73-15-29. (1) The board shall have power to revoke, suspend 412
or refuse to renew any license issued by the board, or to revoke 413
or suspend any privilege to practice, or to deny an application 414
for a license, or to fine, place on probation and/or discipline a 415
licensee, in any manner specified in this article, upon proof that 416
such person: 417
(a) Has committed fraud or deceit in securing or 418
attempting to secure such license; 419
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(b) Has been convicted of a felony, or a crime 420
involving moral turpitude or has had accepted by a court a plea of 421
nolo contendere to a felony or a crime involving moral turpitude 422
(a certified copy of the judgment of the court of competent 423
jurisdiction of such conviction or pleas shall be prima facie 424
evidence of such conviction); 425
(c) Has negligently or willfully acted in a manner 426
inconsistent with the health or safety of the persons under the 427
licensee's care; 428
(d) Has had a license or privilege to practice as a 429
registered nurse or a licensed practical nurse suspended or 430
revoked in any jurisdiction, has voluntarily surrendered such 431
license or privilege to practice in any jurisdiction, has been 432
placed on probation as a registered nurse or licensed practical 433
nurse in any jurisdiction or has been placed under a disciplinary 434
order(s) in any manner as a registered nurse or licensed practical 435
nurse in any jurisdiction, (a certified copy of the order of 436
suspension, revocation, probation or disciplinary action shall be 437
prima facie evidence of such action); 438
(e) Has negligently or willfully practiced nursing in a 439
manner that fails to meet generally accepted standards of such 440
nursing practice; 441
(f) Has negligently or willfully violated any order, 442
rule or regulation of the board pertaining to nursing practice or 443
licensure; 444
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(g) Has falsified or in a repeatedly negligent manner 445
made incorrect entries or failed to make essential entries on 446
records; 447
(h) Is addicted to or dependent on alcohol or other 448
habit-forming drugs or is a habitual user of narcotics, 449
barbiturates, amphetamines, hallucinogens, or other drugs having 450
similar effect, or has misappropriated any medication; 451
(i) Has a physical, mental or emotional condition that 452
renders the licensee unable to perform nursing services or duties 453
with reasonable skill and safety; 454
(j) Has engaged in any other conduct, whether of the 455
same or of a different character from that specified in this 456
article, that would constitute a crime as defined in Title 97 of 457
the Mississippi Code of 1972, as now or hereafter amended, and 458
that relates to such person's employment as a registered nurse or 459
licensed practical nurse; 460
(k) Engages in conduct likely to deceive, defraud or 461
harm the public; 462
(l) Engages in any unprofessional conduct as identified 463
by the board in its rules; 464
(m) Has violated any provision of this article; 465
(n) Violation(s) of the provisions of Sections 41-121-1 466
through 41-121-9 relating to deceptive advertisement by health 467
care practitioners; or 468
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(o) Violation(s) of any provision of Title 41, Chapter 469
141, Mississippi Code of 1972. 470
(2) When the board finds any person unqualified because of 471
any of the grounds set forth in subsection (1) of this section, it 472
may enter an order imposing one or more of the following 473
penalties: 474
(a) Denying application for a license or other 475
authorization to practice nursing or practical nursing; 476
(b) Administering a reprimand; 477
(c) Suspending or restricting the license or other 478
authorization to practice as a registered nurse or licensed 479
practical nurse for up to two (2) years without review; 480
(d) Revoking the license or other authorization to 481
practice nursing or practical nursing; 482
(e) Requiring the disciplinee to submit to care, 483
counseling or treatment by persons and/or agencies approved or 484
designated by the board as a condition for initial, continued or 485
renewed licensure or other authorization to practice nursing or 486
practical nursing; 487
(f) Requiring the disciplinee to participate in a 488
program of education prescribed by the board as a condition for 489
initial, continued or renewed licensure or other authorization to 490
practice; 491
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(g) Requiring the disciplinee to practice under the 492
supervision of a registered nurse for a specified period of time; 493
or 494
(h) Imposing a fine not to exceed Five Hundred Dollars 495
($500.00). 496
(3) In addition to the grounds specified in subsection (1) 497
of this section, the board shall be authorized to suspend the 498
license or privilege to practice of any licensee for being out of 499
compliance with an order for support, as defined in Section 500
93-11-153. The procedure for suspension of a license or privilege 501
to practice for being out of compliance with an order for support, 502
and the procedure for the reissuance or reinstatement of a license 503
or privilege to practice suspended for that purpose, and the 504
payment of any fees for the reissuance or reinstatement of a 505
license or privilege to practice suspended for that purpose, shall 506
be governed by Section 93-11-157 or 93-11-163, as the case may be. 507
If there is any conflict between any provision of Section 508
93-11-157 or 93-11-163 and any provision of this article, the 509
provisions of Section 93-11-157 or 93-11-163, as the case may be, 510
shall control. 511
(4) If the public health, safety or welfare imperatively 512
requires emergency action and the board incorporates a finding to 513
that effect in an order, the board may order summary suspension of 514
a license pending proceedings for revocation or other action. 515
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These proceedings shall be promptly instituted and determined by 516
the board. 517
(5) The board may establish by rule an alternative to 518
discipline program for licensees who have an impairment as a 519
result of substance abuse or a mental health condition, which 520
program shall include at least the following components: 521
(a) Participation in the program is voluntary with the 522
licensee, and the licensee must enter the program before the board 523
holds a disciplinary action hearing regarding the licensee; 524
(b) The full cost of participation in the program, 525
including the cost of any care, counseling, treatment and/or 526
education received by the licensee, shall be borne by the 527
licensee; 528
(c) All of the procedures and records regarding the 529
licensee's participation in the program shall be confidential, 530
shall not be disclosed and shall be exempt from the provisions of 531
the Mississippi Public Records Act of 1983; and 532
(d) A licensee may not participate in the program more 533
often than one (1) time during any period of five (5) years or 534
such longer period as set by the board. 535
(6) A nurse practitioner who provides a written 536
certification as authorized under the Mississippi Medical Cannabis 537
Act and in compliance with rules and regulations adopted 538
thereunder shall not be subject to any disciplinary action under 539
this section solely due to providing the written certification. 540
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(7) The board shall be subject to the limits on disciplinary 541
action as provided in Section 73-49-5. 542
SECTION 5. Section 73-19-23, Mississippi Code of 1972, is 543
amended as follows: 544
73-19-23. (1) (a) The board shall refuse to grant a 545
certificate of licensure to any applicant and may cancel, revoke 546
or suspend the operation of any certificate by it granted for any 547
or all of the following reasons: unprofessional and unethical 548
conduct or the conviction of a crime involving moral turpitude, 549
habitual intemperance in the use of ardent spirits, or stimulants, 550
narcotics, or any other substance that impairs the intellect and 551
judgment to such an extent as to incapacitate one for the 552
performance of the duties of an optometrist. The certificate of 553
licensure of any person can be revoked for violating any section 554
of this chapter. 555
(b) The board shall conduct a criminal history records 556
check on licensure applicants and on licensees whose licenses are 557
subject to investigation. 558
(i) The applicant or licensee shall undergo a 559
fingerprint-based criminal history records check of the 560
Mississippi central criminal database and the Federal Bureau of 561
Investigation criminal history database. Each applicant or 562
licensee shall submit a full set of the applicant's fingerprints 563
in a form or manner prescribed by the board, which shall be 564
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forwarded to the Bureau of Investigation Identification Division 565
for this purpose. 566
(ii) Any and all state or national criminal 567
history records information obtained by the board that is not 568
already a matter of public record shall be deemed nonpublic and 569
confidential information restricted to the exclusive use of the 570
board, its members, officers, investigators, agents and attorneys 571
in evaluating the applicant's eligibility or disqualification for 572
licensure, and shall be exempt from the Mississippi Public Records 573
Act of 1983. Except when introduced into evidence in a hearing 574
before the board to determine licensure, no such information or 575
records related thereto shall, except with the written consent of 576
the applicant or licensee or by order of a court of competent 577
jurisdiction, be released or otherwise disclosed by the board to 578
any other person or agency. 579
(iii) The board shall provide to the department 580
the fingerprints of the applicant or licensee, any additional 581
information that may be required by the department, and a form 582
signed by the applicant consenting to the check of the criminal 583
records and to the use of the fingerprints and other identifying 584
information required by the state or national repositories. 585
(iv) The board shall charge and collect from the 586
applicant or licensee, in addition to all other applicable fees 587
and costs, such amount as may be incurred by the board in 588
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requesting and obtaining state and national criminal history 589
records information on the applicant or licensee. 590
(2) The board shall further be authorized to take 591
disciplinary action against a licensee for any unlawful acts, 592
which shall include violations of regulations promulgated by the 593
board, as well as the following acts: 594
(a) Fraud or misrepresentation in applying for or 595
procuring an optometric license or in connection with applying for 596
or procuring periodic renewal of an optometric license. 597
(b) Cheating on or attempting to subvert the optometric 598
licensing examination(s). 599
(c) The conviction of a felony in this state or any 600
other jurisdiction, or the entry of a guilty or nolo contendere 601
plea to a felony charge. 602
(d) The conviction of a felony as defined by federal 603
law, or the entry of a guilty or nolo contendere plea to a felony 604
charge. 605
(e) Conduct likely to deceive, defraud or harm the 606
public. 607
(f) Making a false or misleading statement regarding 608
his or her skill or the efficacy or value of the medicine, device, 609
treatment or remedy prescribed by him or her or used at his or her 610
direction in the treatment of any disease or other condition. 611
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(g) Willfully or negligently violating the 612
confidentiality between doctor and patient, except as required by 613
law. 614
(h) Negligence or gross incompetence in the practice of 615
optometry as determined by the board. 616
(i) Being found to be a person with mental illness or 617
with an intellectual disability by any court of competent 618
jurisdiction. 619
(j) The use of any false, fraudulent, deceptive or 620
misleading statement in any document connected with the practice 621
of optometry. 622
(k) Aiding or abetting the practice of optometry by an 623
unlicensed, incompetent or impaired person. 624
(l) Commission of any act of sexual abuse, misconduct 625
or exploitation related to the licensee's practice of optometry. 626
(m) Being addicted or habituated to a drug or 627
intoxicant. 628
(n) Violating any state or federal law or regulation 629
relating to a drug legally classified as a controlled substance. 630
(o) Obtaining any fee by fraud, deceit or 631
misrepresentation. 632
(p) Disciplinary action of another state or 633
jurisdiction against a licensee or other authorization to practice 634
optometry based upon acts or conduct by the licensee similar to 635
acts or conduct that would constitute grounds for action as 636
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defined in this chapter, a certified copy of the record of the 637
action taken by the other state or jurisdiction being conclusive 638
evidence thereof. 639
(q) Failure to report to the board the relocation of 640
his or her office in or out of the jurisdiction, or to furnish 641
floor plans as required by regulation. 642
(r) Violation of any provision(s) of the Optometry 643
Practice Act or the rules and regulations of the board or of an 644
action, stipulation or agreement of the board. 645
(s) To advertise in a manner that tends to deceive, 646
mislead or defraud the public. 647
(t) The designation of any person licensed under this 648
chapter, other than by the terms "optometrist," "Doctor of 649
Optometry" or "O.D.," which shall include any violation(s) of the 650
provisions of Sections 41-121-1 through 41-121-9 relating to 651
deceptive advertisement by health care practitioners. 652
(u) To knowingly submit or cause to be submitted any 653
misleading, deceptive or fraudulent representation on a claim 654
form, bill or statement. 655
(v) To practice or attempt to practice optometry while 656
his or her license is suspended. 657
(3) Any person who is a holder of a certificate of licensure 658
or who is an applicant for examination for a certificate of 659
licensure, against whom is preferred any charges, shall be 660
furnished by the board with a copy of the complaint and shall have 661
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a hearing in Jackson, Mississippi, before the board, at which 662
hearing he may be represented by counsel. At the hearing, 663
witnesses may be examined for and against the accused respecting 664
those charges, and the hearing orders or appeals will be conducted 665
according to the procedure now provided in Section 73-25-27. The 666
suspension of a certificate of licensure by reason of the use of 667
stimulants or narcotics may be removed when the holder of the 668
certificate has been adjudged by the board to be cured and capable 669
of practicing optometry. 670
(4) In addition to the reasons specified in subsections (1) 671
and (2) of this section, the board shall be authorized to suspend 672
the license of any licensee for being out of compliance with an 673
order for support, as defined in Section 93-11-153. The procedure 674
for suspension of a license for being out of compliance with an 675
order for support, and the procedure for the reissuance or 676
reinstatement of a license suspended for that purpose, and the 677
payment of any fees for the reissuance or reinstatement of a 678
license suspended for that purpose, shall be governed by Section 679
93-11-157 or 93-11-163, as the case may be. If there is any 680
conflict between any provision of Section 93-11-157 or 93-11-163 681
and any provision of this chapter, the provisions of Section 682
93-11-157 or 93-11-163, as the case may be, shall control. 683
(5) A licensee who provides a written certification as 684
authorized under the Mississippi Medical Cannabis Act and in 685
compliance with rules and regulations adopted thereunder shall not 686
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be subject to any disciplinary action under this section solely 687
due to providing the written certification. 688
(6) The board shall be subject to the limits on disciplinary 689
action as provided in Section 73-49-5. 690
SECTION 6. Section 73-21-97, Mississippi Code of 1972, is 691
amended as follows: 692
73-21-97. (1) The board may refuse to issue or renew, or 693
may suspend, reprimand, revoke or restrict the license, 694
registration or permit of any person, or may impose a monetary 695
penalty, upon one or more of the following grounds: 696
(a) Unprofessional conduct as defined by the rules and 697
regulations of the board; 698
(b) Incapacity of a nature that prevents a pharmacist 699
or intern/extern from engaging in the practice of pharmacy or a 700
pharmacy technician from engaging in or providing nonjudgmental 701
technical services in the practice of pharmacy with reasonable 702
skill, confidence and safety to the public; 703
(c) Being found guilty by a court of competent 704
jurisdiction of one or more of the following: 705
(i) A felony; 706
(ii) Any act involving moral turpitude or gross 707
immorality; or 708
(iii) Violation of pharmacy or drug laws of this 709
state or rules or regulations pertaining thereto, or of statutes, 710
rules or regulations of any other state or the federal government; 711
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(d) Fraud or intentional misrepresentation by a 712
licensee, registrant or permit holder in securing the issuance or 713
renewal of a license or permit; 714
(e) Engaging or aiding and abetting an individual to 715
engage in the practice of pharmacy without a license; 716
(f) Violation of any of the provisions of this chapter 717
or rules or regulations adopted pursuant to this chapter; 718
(g) Failure to comply with lawful orders of the board; 719
(h) Negligently or willfully acting in a manner 720
inconsistent with the health or safety of the public; 721
(i) Addiction to or dependence on alcohol or controlled 722
substances or the unauthorized use or possession of controlled 723
substances; 724
(j) Misappropriation of any prescription drug; 725
(k) Being found guilty by the licensing agency in 726
another state of violating the statutes, rules or regulations of 727
that jurisdiction; 728
(l) The unlawful or unauthorized possession of a 729
controlled substance; 730
(m) Willful failure to submit drug monitoring 731
information or willful submission of incorrect dispensing 732
information as required by the Prescription Monitoring Program 733
under Section 73-21-127; 734
(n) Failure to obtain the license, registration or 735
permit required by this chapter; or 736
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(o) Violation(s) of the provisions of Sections 41-121-1 737
through 41-121-9 relating to deceptive advertisement by health 738
care practitioners. 739
(2) In lieu of suspension, revocation or restriction of a 740
license, registration or permit as provided for above, the board 741
may warn, reprimand or issue a citation to the offending licensee, 742
registrant or permit holder. 743
(3) In addition to the grounds specified in subsection (1) 744
of this section, the board shall be authorized to suspend the 745
license, registration or permit of any person for being out of 746
compliance with an order for support, as defined in Section 747
93-11-153. The procedure for suspension of a license, 748
registration or permit for being out of compliance with an order 749
for support, and the procedure for the reissuance or reinstatement 750
of a license, registration or permit suspended for that purpose, 751
and the payment of any fees for the reissuance or reinstatement of 752
a license, registration or permit suspended for that purpose, 753
shall be governed by Section 93-11-157 or 93-11-163, as the case 754
may be. If there is any conflict between any provision of Section 755
93-11-157 or 93-11-163 and any provision of this chapter, the 756
provisions of Section 93-11-157 or 93-11-163, as the case may be, 757
shall control. 758
(4) The board shall be subject to the limits on disciplinary 759
action as provided in Section 73-49-5. 760
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SECTION 7. Section 73-23-59, Mississippi Code of 1972, is 761
amended as follows: 762
73-23-59. (1) Licensees subject to this chapter shall 763
conduct their activities, services and practice in accordance with 764
this chapter and any rules promulgated pursuant hereto. The 765
board, upon satisfactory proof and in accordance with the 766
provisions of this chapter and the regulations of the board, may 767
suspend, revoke, or refuse to issue or renew any license 768
hereunder, or revoke or suspend any privilege to practice, 769
censure or reprimand any licensee, restrict or limit a license, 770
and take any other action in relation to a license or privilege to 771
practice as the board may deem proper under the circumstances upon 772
any of the following grounds: 773
(a) Negligence in the practice or performance of 774
professional services or activities; 775
(b) Engaging in dishonorable, unethical or 776
unprofessional conduct of a character likely to deceive, defraud 777
or harm the public in the course of professional services or 778
activities; 779
(c) Perpetrating or cooperating in fraud or material 780
deception in obtaining or renewing a license or attempting the 781
same or obtaining a privilege to practice; 782
(d) Being convicted of any crime which has a 783
substantial relationship to the licensee's activities and services 784
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or an essential element of which is misstatement, fraud or 785
dishonesty; 786
(e) Having been convicted of or pled guilty to a felony 787
in the courts of this state or any other state, territory or 788
country. Conviction, as used in this paragraph, shall include a 789
deferred conviction, deferred prosecution, deferred sentence, 790
finding or verdict of guilt, an admission of guilty, or a plea of 791
nolo contendere; 792
(f) Engaging in or permitting the performance of 793
unacceptable services personally or by others working under the 794
licensee's supervision due to the licensee's deliberate or 795
negligent act or acts or failure to act, regardless of whether 796
actual damage or damages to the public is established; 797
(g) Continued practice although the licensee has become 798
unfit to practice as a physical therapist or physical therapist 799
assistant due to: (i) failure to keep abreast of current 800
professional theory or practice; or (ii) physical or mental 801
disability; the entry of an order or judgment by a court of 802
competent jurisdiction that a licensee is in need of mental 803
treatment or is incompetent shall constitute mental disability; or 804
(iii) addiction or severe dependency upon alcohol or other drugs 805
which may endanger the public by impairing the licensee's ability 806
to practice; 807
(h) Having disciplinary action taken against the 808
licensee's license in another state; 809
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(i) Making differential, detrimental treatment against 810
any person because of race, color, creed, sex, religion or 811
national origin; 812
(j) Engaging in lewd conduct in connection with 813
professional services or activities; 814
(k) Engaging in false or misleading advertising; 815
(l) Contracting, assisting or permitting unlicensed 816
persons to perform services for which a license is required under 817
this chapter or privilege to practice is required under Section 818
73-23-101; 819
(m) Violation of any probation requirements placed on a 820
license or privilege to practice by the board; 821
(n) Revealing confidential information except as may be 822
required by law; 823
(o) Failing to inform clients of the fact that the 824
client no longer needs the services or professional assistance of 825
the licensee; 826
(p) Charging excessive or unreasonable fees or engaging 827
in unreasonable collection practices; 828
(q) For treating or attempting to treat ailments or 829
other health conditions of human beings other than by physical 830
therapy as authorized by this chapter; 831
(r) Except as authorized in Section 73-23-35(3) and 832
(4), for applying or offering to apply physical therapy, exclusive 833
of initial evaluation or screening and exclusive of education or 834
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consultation for the prevention of physical and mental disability 835
within the scope of physical therapy, other than upon the referral 836
from a licensed physician, dentist, osteopath, podiatrist, 837
chiropractor, physician assistant or nurse practitioner; or for 838
acting as a physical therapist assistant other than under the 839
direct, on-site supervision of a licensed physical therapist; 840
(s) Failing to adhere to the recognized standards of 841
ethics of the physical therapy profession as established by rules 842
of the board; 843
(t) Failing to complete continuing competence 844
requirements as established by board rule; 845
(u) Failing to supervise physical therapist assistants 846
in accordance with this chapter and/or board rules; 847
(v) Engaging in sexual misconduct. For the purpose of 848
this paragraph, sexual misconduct includes, but is not necessarily 849
limited to: 850
(i) Engaging in or soliciting sexual 851
relationships, whether consensual or nonconsensual, while a 852
physical therapist or physical therapist assistant/patient 853
relationship exists. 854
(ii) Making sexual advances, requesting sexual 855
favors or engaging in other verbal conduct or physical contact of 856
a sexual nature with patients or clients. 857
(iii) Intentionally viewing a completely or 858
partially disrobed patient in the course of treatment if the 859
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viewing is not related to patient diagnosis or treatment under 860
current practice standards; 861
(w) The erroneous issuance of a license or privilege to 862
practice to any person; 863
(x) Violations of any provisions of this chapter, board 864
rules or regulations or a written order or directive of the board; 865
(y) Failing to maintain adequate patient records. For 866
the purposes of this paragraph, "adequate patient records" means 867
legible records that contain at minimum sufficient information to 868
identify the patient, an evaluation of objective findings, a 869
diagnosis, a plan of care, a treatment record and a discharge 870
plan; 871
(z) Failing to report to the board any unprofessional, 872
incompetent or illegal acts that appear to be in violation of this 873
law or any rules established by the board. 874
(2) The board may order a licensee to submit to a reasonable 875
physical or mental examination if the licensee's physical or 876
mental capacity to practice safely is at issue in a disciplinary 877
proceeding. 878
(3) Failure to comply with a board order to submit to a 879
physical or mental examination shall render a licensee subject to 880
the summary suspension procedures described in Section 73-23-64. 881
(4) In addition to the reasons specified in subsection (1) 882
of this section, the board shall be authorized to suspend the 883
license or privilege to practice of any licensee for being out of 884
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compliance with an order for support, as defined in Section 885
93-11-153. The procedure for suspension of a license or privilege 886
to practice for being out of compliance with an order for support, 887
and the procedure for the reissuance or reinstatement of a license 888
or privilege to practice suspended for that purpose, and the 889
payment of any fees for the reissuance or reinstatement of a 890
license or privilege to practice suspended for that purpose, shall 891
be governed by Section 93-11-157 or 93-11-163, as the case may be. 892
If there is any conflict between any provision of Section 893
93-11-157 or 93-11-163 and any provision of this chapter, the 894
provisions of Section 93-11-157 or 93-11-163, as the case may be, 895
shall control. 896
(5) The board shall be subject to the limits on disciplinary 897
action as provided in Section 73-49-5. 898
SECTION 8. Section 73-25-29, Mississippi Code of 1972, is 899
amended as follows: 900
73-25-29. The grounds for the nonissuance, suspension, 901
revocation or restriction of a license or the denial of 902
reinstatement or renewal of a license are: 903
(1) Habitual personal use of narcotic drugs, or any 904
other drug having addiction-forming or addiction-sustaining 905
liability. 906
(2) Habitual use of intoxicating liquors, or any 907
beverage, to an extent which affects professional competency. 908
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(3) Administering, dispensing or prescribing any 909
narcotic drug, or any other drug having addiction-forming or 910
addiction-sustaining liability otherwise than in the course of 911
legitimate professional practice. 912
(4) Conviction of violation of any federal or state law 913
regulating the possession, distribution or use of any narcotic 914
drug or any drug considered a controlled substance under state or 915
federal law, a certified copy of the conviction order or judgment 916
rendered by the trial court being prima facie evidence thereof, 917
notwithstanding the pendency of any appeal. 918
(5) Procuring, or attempting to procure, or aiding in, 919
an abortion that is not medically indicated. 920
(6) Conviction of a felony or misdemeanor involving 921
moral turpitude, a certified copy of the conviction order or 922
judgment rendered by the trial court being prima facie evidence 923
thereof, notwithstanding the pendency of any appeal. 924
(7) Obtaining or attempting to obtain a license by 925
fraud or deception. 926
(8) Unprofessional conduct, which includes, but is not 927
limited to: 928
(a) Practicing medicine under a false or assumed 929
name or impersonating another practitioner, living or dead. 930
(b) Knowingly performing any act which in any way 931
assists an unlicensed person to practice medicine. 932
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(c) Making or willfully causing to be made any 933
flamboyant claims concerning the licensee's professional 934
excellence. 935
(d) Being guilty of any dishonorable or unethical 936
conduct likely to deceive, defraud or harm the public. 937
(e) Obtaining a fee as personal compensation or 938
gain from a person on fraudulent representation of a disease or 939
injury condition generally considered incurable by competent 940
medical authority in the light of current scientific knowledge and 941
practice can be cured or offering, undertaking, attempting or 942
agreeing to cure or treat the same by a secret method, which he 943
refuses to divulge to the board upon request. 944
(f) Use of any false, fraudulent or forged 945
statement or document, or the use of any fraudulent, deceitful, 946
dishonest or immoral practice in connection with any of the 947
licensing requirements, including the signing in his professional 948
capacity any certificate that is known to be false at the time he 949
makes or signs such certificate. 950
(g) Failing to identify a physician's school of 951
practice in all professional uses of his name by use of his earned 952
degree or a description of his school of practice. 953
(9) The refusal of a licensing authority of another 954
state or jurisdiction to issue or renew a license, permit or 955
certificate to practice medicine in that jurisdiction or the 956
revocation, suspension or other restriction imposed on a license, 957
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permit or certificate issued by such licensing authority which 958
prevents or restricts practice in that jurisdiction, a certified 959
copy of the disciplinary order or action taken by the other state 960
or jurisdiction being prima facie evidence thereof, 961
notwithstanding the pendency of any appeal. 962
(10) Surrender of a license or authorization to 963
practice medicine in another state or jurisdiction or surrender of 964
membership on any medical staff or in any medical or professional 965
association or society while under disciplinary investigation by 966
any of those authorities or bodies for acts or conduct similar to 967
acts or conduct which would constitute grounds for action as 968
defined in this section. 969
(11) Final sanctions imposed by the United States 970
Department of Health and Human Services, Office of Inspector 971
General or any successor federal agency or office, based upon a 972
finding of incompetency, gross misconduct or failure to meet 973
professionally recognized standards of health care; a certified 974
copy of the notice of final sanction being prima facie evidence 975
thereof. As used in this paragraph, the term "final sanction" 976
means the written notice to a physician from the United States 977
Department of Health and Human Services, Officer of Inspector 978
General or any successor federal agency or office, which 979
implements the exclusion. 980
(12) Failure to furnish the board, its investigators or 981
representatives information legally requested by the board. 982
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(13) Violation of any provision(s) of the Medical 983
Practice Act or the rules and regulations of the board or of any 984
order, stipulation or agreement with the board. 985
(14) Violation(s) of the provisions of Sections 986
41-121-1 through 41-121-9 relating to deceptive advertisement by 987
health care practitioners. 988
(15) Performing or inducing an abortion on a woman in 989
violation of any provision of Sections 41-41-131 through 990
41-41-145. 991
(16) Performing an abortion on a pregnant woman after 992
determining that the unborn human individual that the pregnant 993
woman is carrying has a detectable fetal heartbeat as provided in 994
Section 41-41-34.1. 995
(17) Violation(s) of any provision of Title 41, Chapter 996
141, Mississippi Code of 1972. 997
In addition to the grounds specified above, the board shall 998
be authorized to suspend the license of any licensee for being out 999
of compliance with an order for support, as defined in Section 1000
93-11-153. The procedure for suspension of a license for being 1001
out of compliance with an order for support, and the procedure for 1002
the reissuance or reinstatement of a license suspended for that 1003
purpose, and the payment of any fees for the reissuance or 1004
reinstatement of a license suspended for that purpose, shall be 1005
governed by Section 93-11-157 or 93-11-163, as the case may be. 1006
If there is any conflict between any provision of Section 1007
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93-11-157 or 93-11-163 and any provision of this chapter, the 1008
provisions of Section 93-11-157 or 93-11-163, as the case may be, 1009
shall control. 1010
A physician who provides a written certification as 1011
authorized under the Mississippi Medical Cannabis Act and in 1012
compliance with rules and regulations adopted thereunder shall not 1013
be subject to any disciplinary action under this section solely 1014
due to providing the written certification. 1015
The board shall be subject to the limits on disciplinary 1016
action as provided in Section 73-49-5. 1017
SECTION 9. Section 73-26-5, Mississippi Code of 1972, is 1018
amended as follows: 1019
73-26-5. (1) The board shall promulgate and publish 1020
reasonable rules and regulations necessary to enable it to 1021
discharge its functions and to enforce the provisions of law 1022
regulating the practice of physician assistants. Those rules 1023
shall include, but are not limited to: qualifications for 1024
licensure for physician assistants; scope of practice of physician 1025
assistants; supervision of physician assistants; identification of 1026
physician assistants; grounds for disciplinary actions and 1027
discipline of physician assistants, which shall specifically 1028
include discipline for violation(s) of the provisions of Sections 1029
41-121-1 through 41-121-9 relating to deceptive advertisement by 1030
health care practitioners; and setting and charging reasonable 1031
fees for licensure and license renewals for physician assistants. 1032
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However, nothing in this chapter or in rules adopted by the board 1033
shall authorize physician assistants to administer or monitor 1034
general inhaled anesthesia, epidural anesthesia, spinal anesthesia 1035
or monitored anesthesia as utilized in surgical procedures. In 1036
addition, the board shall not adopt any rule or regulation or 1037
impose any requirement regarding the licensing of physician 1038
assistants that conflicts with the prohibitions in Section 1039
73-49-3. The board shall promulgate rules for licensure and 1040
license renewals in accordance with Section 33-1-39. 1041
(2) If the board appoints a task force or committee to 1042
address physician assistant regulation, at least one (1) member of 1043
the task force shall be a nurse practitioner who is a member of 1044
the Mississippi Board of Nursing or a nurse practitioner appointee 1045
selected by the board from a list of three (3) recommendations 1046
submitted by the Mississippi Nurses Association, and at least one 1047
(1) member shall be a physician assistant selected by the board 1048
from a list of three (3) recommendations submitted by the 1049
Mississippi Academy of Physician Assistants. 1050
(3) The board shall be subject to the limits on disciplinary 1051
action as provided in Section 73-49-5. 1052
SECTION 10. Section 73-27-13, Mississippi Code of 1972, is 1053
amended as follows: 1054
73-27-13. (1) The State Board of Medical Licensure may 1055
refuse to issue, suspend, revoke or otherwise restrict any license 1056
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provided for in this chapter, with the advice of the advisory 1057
committee, based upon the following grounds: 1058
(a) Habitual personal use of narcotic drugs, or any 1059
other drug having addiction-forming or addiction-sustaining 1060
liability. 1061
(b) Habitual use of intoxicating liquors, or any 1062
beverage, to an extent which affects professional competency. 1063
(c) Administering, dispensing or prescribing any 1064
narcotic drug, or any other drug having addiction-forming or 1065
addiction-sustaining liability otherwise than in the course of 1066
legitimate professional practice. 1067
(d) Conviction of violation of any federal or state law 1068
regulating the possession, distribution or use of any narcotic 1069
drug or any drug considered a controlled substance under state or 1070
federal law. 1071
(e) Performing any medical diagnosis or treatment 1072
outside the scope of podiatry as defined in Section 73-27-1. 1073
(f) Conviction of a felony or misdemeanor involving 1074
moral turpitude. 1075
(g) Obtaining or attempting to obtain a license by 1076
fraud or deception. 1077
(h) Unprofessional conduct, which includes, but is not 1078
limited to: 1079
(i) Practicing medicine under a false or assumed 1080
name or impersonating another practitioner, living or dead. 1081
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(ii) Knowingly performing any act which in any way 1082
assists an unlicensed person to practice podiatry. 1083
(iii) Making or willfully causing to be made any 1084
flamboyant claims concerning the licensee's professional 1085
excellence. 1086
(iv) Being guilty of any dishonorable or unethical 1087
conduct likely to deceive, defraud or harm the public. 1088
(v) Obtaining a fee as personal compensation or 1089
gain from a person on fraudulent representation a disease or 1090
injury condition generally considered incurable by competent 1091
medical authority in the light of current scientific knowledge and 1092
practice can be cured or offering, undertaking, attempting or 1093
agreeing to cure or treat the same by a secret method, which he 1094
refuses to divulge to the board upon request. 1095
(vi) Use of any false, fraudulent or forged 1096
statement or document, or the use of any fraudulent, deceitful, 1097
dishonest or immoral practice in connection with any of the 1098
licensing requirements, including the signing in his professional 1099
capacity any certificate that is known to be false at the time he 1100
makes or signs such certificate. 1101
(vii) Failing to identify a podiatrist's school of 1102
practice in all professional uses of his name by use of his earned 1103
degree or a description of his school of practice. 1104
(i) The refusal of a licensing authority of another 1105
state to issue or renew a license, permit or certificate to 1106
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practice podiatry in that state or the revocation, suspension or 1107
other restriction imposed on a license, permit or certificate 1108
issued by such licensing authority which prevents or restricts 1109
practice in that state. 1110
(j) Violation(s) of the provisions of Sections 41-121-1 1111
through 41-121-9 relating to deceptive advertisement by health 1112
care practitioners. 1113
(2) Upon the nonissuance, suspension or revocation of a 1114
license to practice podiatry, the board may, in its discretion and 1115
with the advice of the advisory committee, reissue a license after 1116
a lapse of six (6) months. No advertising shall be permitted 1117
except regular professional cards. 1118
(3) In its investigation of whether the license of a 1119
podiatrist should be suspended, revoked or otherwise restricted, 1120
the board may inspect patient records in accordance with the 1121
provisions of Section 73-25-28. 1122
(4) In addition to the grounds specified in subsection (1) 1123
of this section, the board shall be authorized to suspend the 1124
license of any licensee for being out of compliance with an order 1125
for support, as defined in Section 93-11-153. The procedure for 1126
suspension of a license for being out of compliance with an order 1127
for support, and the procedure for the reissuance or reinstatement 1128
of a license suspended for that purpose, and the payment of any 1129
fees for the reissuance or reinstatement of a license suspended 1130
for that purpose, shall be governed by Section 93-11-157 or 1131
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93-11-163, as the case may be. If there is any conflict between 1132
any provision of Section 93-11-157 or 93-11-163 and any provision 1133
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 1134
as the case may be, shall control. 1135
(5) The board shall be subject to the limits on disciplinary 1136
action as provided in Section 73-49-5. 1137
SECTION 11. Section 73-31-21, Mississippi Code of 1972, is 1138
amended as follows: 1139
73-31-21. (1) The board, by an affirmative vote of at least 1140
four (4) of its seven (7) members, shall withhold, deny, revoke or 1141
suspend any license issued or applied for in accordance with the 1142
provisions of this article, or otherwise discipline a licensed 1143
psychologist, upon proof that the applicant or licensed 1144
psychologist: 1145
(a) Has violated the current code of ethics of the 1146
American Psychological Association or other codes of ethical 1147
standards adopted by the board; or 1148
(b) Has been convicted of a felony or any offense 1149
involving moral turpitude, the record of conviction being 1150
conclusive evidence thereof; or 1151
(c) Is using any substance or any alcoholic beverage to 1152
an extent or in a manner dangerous to any other person or the 1153
public, or to an extent that the use impairs his or her ability to 1154
perform the work of a professional psychologist with safety to the 1155
public; or 1156
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(d) Has impersonated another person holding a 1157
psychologist license or allowed another person to use his or her 1158
license; or 1159
(e) Has used fraud or deception in applying for a 1160
license or in taking an examination provided for in this article; 1161
or 1162
(f) Has accepted commissions or rebates or other forms 1163
of remuneration for referring clients to other professional 1164
persons; or 1165
(g) Has performed psychological services outside of the 1166
area of his or her training, experience or competence; or 1167
(h) Has allowed his or her name or license issued under 1168
this article to be used in connection with any person or persons 1169
who perform psychological services outside of the area of their 1170
training, experience or competence; or 1171
(i) Is legally adjudicated mentally incompetent, the 1172
record of that adjudication being conclusive evidence thereof; or 1173
(j) Has willfully or negligently violated any of the 1174
provisions of this article. The board may recover from any person 1175
disciplined under this article, the costs of investigation, 1176
prosecution, and adjudication of the disciplinary action. 1177
(2) Notice shall be effected by registered mail or personal 1178
service setting forth the particular reasons for the proposed 1179
action and fixing a date not less than thirty (30) days nor more 1180
than sixty (60) days from the date of the mailing or that service, 1181
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at which time the applicant or licensee shall be given an 1182
opportunity for a prompt and fair hearing. For the purpose of the 1183
hearing, the board, acting by and through its executive secretary, 1184
may subpoena persons and papers on its own behalf and on behalf of 1185
the applicant or licensee, may administer oaths and may take 1186
testimony. That testimony, when properly transcribed, together 1187
with the papers and exhibits, shall be admissible in evidence for 1188
or against the applicant or licensee. At the hearing, the 1189
applicant or licensee may appear by counsel and personally in his 1190
or her own behalf. Any person sworn and examined by a witness in 1191
the hearing shall not be held to answer criminally, nor shall any 1192
papers or documents produced by the witness be competent evidence 1193
in any criminal proceedings against the witness other than for 1194
perjury in delivering his or her evidence. On the basis of any 1195
such hearing, or upon default of applicant or licensee, the board 1196
shall make a determination specifying its findings of fact and 1197
conclusions of law. A copy of that determination shall be sent by 1198
registered mail or served personally upon the applicant or 1199
licensee. The decision of the board denying, revoking or 1200
suspending the license shall become final thirty (30) days after 1201
so mailed or served, unless within that period the applicant or 1202
licensee appeals the decision to the chancery court, under the 1203
provisions hereof, and the proceedings in chancery shall be 1204
conducted as other matters coming before the court. All 1205
proceedings and evidence, together with exhibits, presented at the 1206
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hearing before the board shall be admissible in evidence in court 1207
in the appeal. 1208
(3) The board may subpoena persons and papers on its own 1209
behalf and on behalf of the respondent, may administer oaths and 1210
may compel the testimony of witnesses. It may issue commissions 1211
to take testimony, and testimony so taken and sworn to shall be 1212
admissible in evidence for and against the respondent. The board 1213
shall be entitled to the assistance of the chancery court or the 1214
chancellor in vacation, which, on petition by the board, shall 1215
issue ancillary subpoenas and petitions and may punish as for 1216
contempt of court in the event of noncompliance therewith. 1217
(4) Every order and judgment of the board shall take effect 1218
immediately on its promulgation unless the board in the order or 1219
judgment fixes a probationary period for the applicant or 1220
licensee. The order and judgment shall continue in effect unless 1221
upon appeal the court by proper order or decree terminates it 1222
earlier. The board may make public its order and judgments in 1223
any manner and form as it deems proper. It shall, in event of the 1224
suspension or revocation of a license, direct the clerk of the 1225
circuit court of the county in which that license was recorded to 1226
cancel that record. 1227
(5) Nothing in this section shall be construed as limiting 1228
or revoking the authority of any court or of any licensing or 1229
registering officer or board, other than the Mississippi Board of 1230
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Psychology, to suspend, revoke and reinstate licenses and to 1231
cancel registrations under the provisions of Section 41-29-311. 1232
(6) Suspension by the board of the license of a psychologist 1233
shall be for a period not exceeding one (1) year. At the end of 1234
this period the board shall reevaluate the suspension, and shall 1235
either reinstate or revoke the license. A person whose license 1236
has been revoked under the provisions of this section may reapply 1237
for a license after more than two (2) years have elapsed from the 1238
date that the denial or revocation is legally effective. 1239
(7) In addition to the reasons specified in subsection (1) 1240
of this section, the board shall be authorized to suspend the 1241
license of any licensee for being out of compliance with an order 1242
for support, as defined in Section 93-11-153. The procedure for 1243
suspension of a license for being out of compliance with an order 1244
for support, and the procedure for the reissuance or reinstatement 1245
of a license suspended for that purpose, and the payment of any 1246
fees for the reissuance or reinstatement of a license suspended 1247
for that purpose, shall be governed by Section 93-11-157. Actions 1248
taken by the board in suspending a license when required by 1249
Section 93-11-157 or 93-11-163 are not actions from which an 1250
appeal may be taken under this section. Any appeal of a license 1251
suspension that is required by Section 93-11-157 or 93-11-163 1252
shall be taken in accordance with the appeal procedure specified 1253
in Section 93-11-157 or 93-11-163, as the case may be, rather than 1254
the procedure specified in this section. If there is any conflict 1255
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between any provision of Section 93-11-157 or 93-11-163 and any 1256
provision of this article, the provisions of Section 93-11-157 or 1257
93-11-163, as the case may be, shall control. 1258
(8) The board may issue a nondisciplinary, educational 1259
letter to licensees as provided in Section 73-31-7(2)(g). The 1260
board may also direct a psychologist to obtain a formal assessment 1261
of ability to practice safely if there is reason to believe there 1262
may be impairment due to substance abuse or mental incapacity. 1263
Licensees who may be impaired, but who are able to practice 1264
safely, may be required by the board to seek appropriate treatment 1265
and/or supervision. That action by the board in itself will not 1266
be considered disciplinary. 1267
(9) The board may discipline any person who has been granted 1268
the authority to practice interjurisdictional telepsychology or 1269
the temporary authorization to practice under the Psychology 1270
Interjurisdictional Compact provided for under Section 73-31-51, 1271
for any of the grounds specified in subsection (1) of this section 1272
in the same manner as the board disciplines a licensed 1273
psychologist under this section. 1274
(10) The board shall be subject to the limits on 1275
disciplinary action as provided in Section 73-49-5. 1276
SECTION 12. Section 73-39-77, Mississippi Code of 1972, is 1277
amended as follows: 1278
73-39-77. (1) Upon a written complaint sworn to by any 1279
person, the board, in its sole discretion, may, after a hearing, 1280
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revoke, suspend or limit for a certain time a license, impose an 1281
administrative fine not to exceed One Thousand Dollars ($1,000.00) 1282
for each separate offense, or otherwise discipline any licensed 1283
veterinarian for any of the following reasons: 1284
(a) The employment of fraud, misrepresentation or 1285
deception in obtaining a license. 1286
(b) The inability to practice veterinary medicine with 1287
reasonable skill and safety because of a physical or mental 1288
disability, including deterioration of mental capacity, loss of 1289
motor skills or abuse of drugs or alcohol of sufficient degree to 1290
diminish the person's ability to deliver competent patient care. 1291
(c) The use of advertising or solicitation that is 1292
false or misleading. 1293
(d) Conviction of the following in any federal court or 1294
in the courts of this state or any other jurisdiction, regardless 1295
of whether the sentence is deferred: 1296
(i) Any felony; 1297
(ii) Any crime involving cruelty, abuse or neglect 1298
of animals, including bestiality; 1299
(iii) Any crime of moral turpitude; 1300
(iv) Any crime involving unlawful sexual contact, 1301
child abuse, the use or threatened use of a weapon, the infliction 1302
of injury, indecent exposure, perjury, false reporting, criminal 1303
impersonation, forgery and any other crime involving a lack of 1304
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truthfulness, veracity or honesty, intimidation of a victim or 1305
witness, larceny, or alcohol or drugs. 1306
For the purposes of this paragraph, a plea of guilty or a 1307
plea of nolo contendere accepted by the court shall be considered 1308
as a conviction. 1309
(e) Incompetence, gross negligence or other malpractice 1310
in the practice of veterinary medicine. 1311
(f) Aiding the unlawful practice of veterinary 1312
medicine. 1313
(g) Fraud or dishonesty in the application or reporting 1314
of any test for disease in animals. 1315
(h) Failure to report, as required by law, or making 1316
false or misleading report of, any contagious or infectious 1317
disease. 1318
(i) Failure to keep accurate patient records. 1319
(j) Dishonesty or gross negligence in the performance 1320
of food safety inspections or in the issuance of any health or 1321
inspection certificates. 1322
(k) Failure to keep veterinary premises and equipment, 1323
including practice vehicles, in a clean and sanitary condition. 1324
(l) Failure to permit the board or its agents to enter 1325
and inspect veterinary premises and equipment, including practice 1326
vehicles, as set by rules promulgated by the board. 1327
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(m) Revocation, suspension or limitation of a license 1328
to practice veterinary medicine by another state, territory or 1329
district of the United States. 1330
(n) Loss or suspension of accreditation by any federal 1331
or state agency. 1332
(o) Unprofessional conduct as defined in regulations 1333
adopted by the board. 1334
(p) The dispensing, distribution, prescription or 1335
administration of any veterinary prescription drug, or the 1336
extralabel use of any drug in the absence of a 1337
veterinarian-client-patient relationship. 1338
(q) Violations of state or federal drug laws. 1339
(r) Violations of any order of the board. 1340
(s) Violations of this chapter or of the rules 1341
promulgated under this chapter. 1342
(t) Violation(s) of the provisions of Sections 41-121-1 1343
through 41-121-9 relating to deceptive advertisement by health 1344
care practitioners. 1345
(2) A certified copy of any judgment of conviction or 1346
finding of guilt by a court of competent jurisdiction or by a 1347
governmental agency, or agency authorized to issue licenses or 1348
permits, including the United States Department of Agriculture, 1349
Animal and Plant Health Inspection Service, the Mississippi Board 1350
of Animal Health and the Mississippi Board of Health, of a 1351
veterinarian or veterinary technician of any matters listed in 1352
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this section shall be admissible in evidence in any hearing held 1353
by the board to discipline such veterinarian or technician and 1354
shall constitute prima facie evidence of the commission of any 1355
such act. 1356
(3) The board shall be subject to the limits on disciplinary 1357
action as provided in Section 73-49-5. 1358
SECTION 13. Section 73-71-33, Mississippi Code of 1972, is 1359
amended as follows: 1360
73-71-33. (1) The following acts constitute grounds for 1361
which the board may initiate disciplinary actions: 1362
(a) Attempting to obtain, or renewing a license to 1363
practice acupuncture by bribery or misinterpretation; 1364
(b) Having a license to practice acupuncture revoked, 1365
suspended, or otherwise acted against, including the denial of 1366
licensure by the licensing authority of another state or territory 1367
for reasons that would preclude licensure in this state; 1368
(c) Being convicted or found guilty, regardless of 1369
adjudication, in any jurisdiction of a felony, or a crime of moral 1370
turpitude, or a crime that directly relates to acupuncture. For 1371
the purposes of this paragraph, a plea of guilty or a plea of nolo 1372
contendere accepted by the court shall be considered as a 1373
conviction; 1374
(d) Advertising, practicing, or attempting to practice 1375
under a name other than one's own; 1376
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(e) The use of advertising or solicitation that is 1377
false or misleading; 1378
(f) Aiding, assisting, procuring, employing or 1379
advertising an unlicensed person to practice acupuncture contrary 1380
to this chapter or a rule of the board; 1381
(g) Failing to perform any statutory or legal 1382
obligation placed upon an acupuncture practitioner; 1383
(h) Making or filing a report that the licensee knows 1384
to be false, intentionally or negligently failing to file a report 1385
required by state or federal law, willfully impeding or 1386
obstructing that filing or inducing another person to do so. 1387
Those reports shall include only those that are signed in the 1388
capacity of an acupuncture practitioner; 1389
(i) Exercising coercion, intimidation or undue 1390
influence in entering into sexual relations with a patient, or 1391
continuing the patient-practitioner relationship with a patient 1392
with whom the licensee has sexual relations, if those sexual 1393
relations cause the licensee to perform services incompetently. 1394
This paragraph shall not apply to sexual relations between 1395
acupuncture practitioners and their spouses; 1396
(j) Making deceptive, untrue or fraudulent 1397
misrepresentations in the practice of acupuncture; 1398
(k) Soliciting patients, either personally or through 1399
an agent, through the use of fraud, intimidation or undue 1400
influence, or a form of overreaching conduct; 1401
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(l) Failing to keep written medical records justifying 1402
the course of treatment of the patient; 1403
(m) Exercising undue influence on the patient to 1404
exploit the patient for financial gain of the licensee or of a 1405
third party; 1406
(n) Being unable to practice acupuncture with 1407
reasonable skill and safety to patients by reason of illness or 1408
intemperate use of alcohol, drugs, narcotics, chemicals, or any 1409
other type of material or as a result of any mental or physical 1410
condition; 1411
(o) Malpractice or the failure to practice acupuncture 1412
to that level of care, skill and treatment that is recognized by a 1413
reasonably prudent similar practitioner of acupuncture as being 1414
acceptable under similar conditions and circumstances; 1415
(p) Practicing or offering to practice beyond the scope 1416
permitted by law or accepting or performing professional 1417
responsibilities that the licensee knows or has reason to know 1418
that he or she is not qualified by training, experience or 1419
certification to perform; 1420
(q) Delegating professional responsibilities to a 1421
person when the licensee delegating those responsibilities knows, 1422
or has reason to know, that the person is not qualified by 1423
training, experience or licensure to perform them; 1424
(r) Violating any provision of this chapter, a rule of 1425
the board, or a lawful order of the board previously entered in a 1426
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disciplinary hearing or failing to comply with a lawfully issued 1427
subpoena of the board; 1428
(s) Conspiring with another to commit an act, or 1429
committing an act, that coerces, intimidates or precludes another 1430
licensee from lawfully advertising or providing his or her 1431
services; 1432
(t) Fraud or deceit, or gross negligence, incompetence 1433
or misconduct in the operation of a course of study; 1434
(u) Failing to comply with state, county or municipal 1435
regulations or reporting requirements relating to public health 1436
and the control of contagious and infectious disease; 1437
(v) Failing to comply with any rule of the board 1438
relating to health and safety, including, but not limited to, 1439
sterilization of equipment and the disposal of potentially 1440
infectious materials; 1441
(w) Incompetence, gross negligence or other malpractice 1442
in the practice of acupuncture; 1443
(x) Aiding the unlawful practice of acupuncture; 1444
(y) Fraud or dishonesty in the application or reporting 1445
of any test for disease; 1446
(z) Failure to report, as required by law, or making 1447
false or misleading report of, any contagious or infectious 1448
disease; 1449
(aa) Failure to keep accurate patient records; or 1450
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(bb) Failure to permit the board or its agents to enter 1451
and inspect acupuncture premises and equipment as set by rules 1452
promulgated by the board. 1453
(2) The board shall be subject to the limits on disciplinary 1454
action as provided in Section 73-49-5. 1455
SECTION 14. Section 73-75-19, Mississippi Code of 1972, is 1456
amended as follows: 1457
73-75-19. License denial, suspension, or revocation. (1) 1458
The board, by an affirmative vote of at least three (3) of its 1459
five (5) members, shall withhold, deny, revoke or suspend any 1460
license issued or applied for in accordance with the provisions of 1461
this chapter, or otherwise discipline a licensed behavior analyst 1462
or licensed assistant behavior analyst upon finding that the 1463
applicant or licensee: 1464
(a) Has violated the current Behavior Analyst 1465
Certification Board Professional Disciplinary and Ethical 1466
Standards, the Behavior Analyst Certification Board Guidelines for 1467
Responsible Conduct for Behavior Analysts, or other codes of 1468
ethical standards adopted by the board, or has lost or failed to 1469
renew certification by the Behavior Analyst Certification Board; 1470
or 1471
(b) Has been convicted of a felony or any offense 1472
involving moral turpitude, the record of conviction being 1473
conclusive evidence thereof; or 1474
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(c) Is using any narcotic or any alcoholic beverage to 1475
an extent or in a manner dangerous to any other person or the 1476
public, or to an extent that such use impairs his ability to 1477
perform the work of a licensed behavior analyst or licensed 1478
assistant behavior analyst; or 1479
(d) Has impersonated another person holding a license 1480
issued under this chapter or allowed another person to use his 1481
license; or 1482
(e) Has used fraud or deception in applying for a 1483
license provided for in this chapter; or 1484
(f) Has accepted commissions or rebates or other forms 1485
of remuneration for referring clients to other professional 1486
persons; or 1487
(g) Has allowed his name or license issued under this 1488
chapter to be used in connection with any person or persons who 1489
perform applied behavior analysis services outside the area of 1490
their training, experience or competence; or 1491
(h) Is legally adjudicated mentally incompetent, the 1492
record of such adjudication being conclusive evidence thereof; or 1493
(i) Has willfully or negligently violated any of the 1494
provisions of this chapter. 1495
(2) The board may recover from any person disciplined under 1496
this chapter the costs of investigation, prosecution, and 1497
adjudication of the disciplinary action. 1498
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(3) Notice shall be effected by registered mail or personal 1499
service setting forth the particular reasons for the proposed 1500
action and fixing a date not less than thirty (30) days nor more 1501
than sixty (60) days from the date of such mailing or such 1502
service, at which time the applicant or licensee shall be given an 1503
opportunity for a prompt and fair hearing. For the purpose of 1504
such hearing the board, acting by and through its executive 1505
secretary, may exercise all authority granted to conduct 1506
investigations and hearings pursuant to Section 73-75-9(2)(a) and 1507
(b). At such hearing the applicant or licensee may appear by 1508
counsel and personally on his own behalf. On the basis of any 1509
such hearing, or upon default of applicant or licensee, the board 1510
shall make a determination specifying its findings of fact and 1511
conclusions of law. A copy of such determination shall be sent by 1512
registered mail or served personally upon the applicant or 1513
licensee. The decision of the board denying, revoking or 1514
suspending the license shall become final thirty (30) days after 1515
so mailed or served unless within that period the licensee appeals 1516
the decision to the Chancery Court of Madison or Rankin Counties, 1517
pursuant to the provisions hereof, and the proceedings in chancery 1518
shall be conducted as other matters coming before the court. All 1519
proceedings and evidence, together with exhibits, presented at 1520
such hearing before the board in the event of appeal, shall be 1521
admissible in evidence in the court. 1522
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(4) Nothing in this subsection shall be interpreted to 1523
prohibit the board from immediately suspending any license prior 1524
to a hearing under subsection (3) of this section, when in its 1525
sole discretion the suspension is required for the instruction, 1526
safety or well-being of any member of the public. 1527
(5) Every order and judgment of the board shall take effect 1528
immediately upon its promulgation unless the board in such order 1529
or judgment fixes a probationary period for applicant or licensee. 1530
Such order and judgment shall continue in effect unless upon 1531
appeal the court by proper order or decree terminates it earlier. 1532
The board may make public its order and judgments in such manner 1533
and form as it deems proper. 1534
(6) Suspension by the board of a license issued under this 1535
chapter shall be for a period not to exceed one (1) year. At the 1536
end of this period the board shall reevaluate the suspension, and 1537
shall either reinstate or revoke the license. A person whose 1538
license has been revoked under the provisions of this section may 1539
reapply for license after more than two (2) years have elapsed 1540
from the date such revocation is legally effective. 1541
(7) In addition to the reasons specified in subsection (1) 1542
of this section, the board shall be authorized to suspend the 1543
license of any licensee for being out of compliance with an order 1544
for support, in compliance with the procedures set forth in 1545
Sections 93-11-151 through 93-11-163. 1546
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ST: Licensing boards; prohibit from
disciplinary or threatening discipline of health
care providers for exercising free speech
rights.
(8) The board shall be subject to the limits on disciplinary 1547
action as provided in Section 73-49-5. 1548
SECTION 15. This act shall take effect and be in force from 1549
and after July 1, 2026. 1550