Mississippi Medical Judgement Protection Act; create.

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

By: Representative Powell

HOUSE BILL NO. 1717

AN ACT TO CREATE THE MISSISSIPPI MEDICAL JUDGMENT PROTECTION 1
ACT; TO STATE LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO REQUIRE 2
PROVIDERS OR FACILITIES USING ARTIFICIAL INTELLIGENCE THAT 3
MATERIALLY CONTRIBUTES TO A DIAGNOSIS, TREATMENT PLAN, PROBLEM 4
LIST ENTRY, ORDER OR CLINICAL NOTE TO DISCLOSE SUCH USE IN THE 5
MEDICAL RECORD; TO REQUIRE A LICENSED CLINICIAN TO REVIEW AND 6
APPROVE ANY ARTIFICIAL INTELLIGENCE OUTPUT USED FOR SUCH PURPOSES; 7
TO PROVIDE CERTAIN NOTICE REQUIREMENTS; TO REQUIRE THE MAINTENANCE 8
OF TAMPER-RESISTANT AUDIT LOGS CAPTURING THE IDENTITY OF THE 9
REVIEWING CLINICIAN; TO PROHIBIT AUTOMATED DENIAL OR DELAY OF 10
COVERAGE OR PAYMENT FOR MEDICAL SERVICES; TO REQUIRE PAYERS TO 11
SUBMIT ANNUAL REPORTS ON USE OF ARTIFICIAL INTELLIGENCE TO THE 12
DEPARTMENT OF INSURANCE; TO AUTHORIZE LICENSING AUTHORITIES, THE 13
DEPARTMENT OF INSURANCE, AND THE DIVISION OF MEDICAID TO ENFORCE 14
THIS ACT; TO AUTHORIZE DELAYED ENFORCEMENT OF CERTAIN PROVISIONS 15
AND PROVIDE SAFE HARBORS FOR PROVIDERS, FACILITIES AND PAYERS IN 16
SUBSTANTIAL COMPLIANCE WITH THIS ACT; TO AMEND SECTIONS 73-9-61, 17
73-15-29, 73-21-97, 73-21-163, 73-25-29, 73-26-5, 73-27-13, 18
73-31-21, 73-43-11, 83-5-917 AND 83-5-933, MISSISSIPPI CODE OF 19
1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD 20
SECTION 25-53-301, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF 21
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Title. This act shall be known and may be cited 24
as the "Mississippi Medical Judgment Protection Act". 25
SECTION 2. Legislative findings and purpose. (1) The 26
Legislature finds that artificial intelligence (AI) is 27
increasingly embedded in clinical workflows and payer operations 28
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and, when misapplied, can produce incorrect clinical content, 29
encourage over-reliance by users, or issue automated payment 30
denials without adequate medical review, creating risks to patient 31
safety, professional judgment and public funds. 32
(2) It is the purpose of this act to ensure that, while AI 33
may assist Mississippi clinicians, it never replaces their 34
judgment, that patients are informed when AI contributes to their 35
care, that payment denials are made only by qualified physicians, 36
or dentists for dental services, after human review, and that 37
enforcement occurs through existing state authorities with minimal 38
regulatory burden. 39
SECTION 3. Definitions. As used in this act, the following 40
terms have the meanings as defined in this section, unless the 41
context clearly indicates otherwise: 42
(a) "Artificial intelligence" or "AI" means software 43
that generates, predicts, classifies, recommends, drafts, 44
summarizes or otherwise produces content or determinations that, 45
in context, would typically require human judgment. 46
(b) "Automated decision" means a coverage or payment 47
determination issued in whole or material part by AI without final 48
human review and sign-off by the required professional. 49
(c) "Clinical AI" means AI used to create, alter or 50
recommend clinical documentation, diagnoses, treatment plans, 51
orders, coding, utilization review or coverage determinations 52
related to patient care. 53
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(d) "Licensing authority" means the state board or 54
agency that licenses the applicable clinician or facility. 55
(e) "Licensed clinician" means a person licensed under 56
Mississippi law to provide health services within that person's 57
scope of practice or employment, including, but not limited to, 58
physicians, advanced practice registered nurses, physician 59
assistants, dentists, pharmacists and psychologists. 60
(f) "Payer" means a health insurance issuer, health 61
benefit plan provider, Medicaid managed care organization or 62
pharmacy benefit manager operating in this state. 63
SECTION 4. Patient disclosure and clinical attestation. (1) 64
A provider or facility using clinical AI that materially 65
contributes to a diagnosis, treatment plan, problem list entry, 66
order or clinical note shall: 67
(a) Disclose in the medical record that AI contributed 68
to the diagnosis, treatment plan, problem list entry, order or 69
clinical note; and 70
(b) Obtain clinical attestation through an electronic 71
signature by a licensed clinician accepting or rejecting the AI 72
suggestion prior to finalizing the diagnosis, treatment plan, 73
problem list entry, order or clinical note. 74
(2) Patient-facing portals must display a notice in plain 75
language informing the patient if AI has contributed to the 76
patient's care, and the notice must inform the patient of his or 77
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her right to request a human explanation or human-only processing 78
where feasible. 79
(3) AI that automatically inserts diagnoses or orders into a 80
chart, problem list or claim without clinician acceptance is 81
prohibited. 82
SECTION 5. Clinical judgment, override and audit logs. (1) 83
AI outputs are advisory only, and the treating licensed clinician 84
retains the ultimate authority to accept, modify or reject AI 85
outputs. 86
(2) Systems used for health services shall maintain 87
tamper-resistant audit logs that capture the identity and 88
credentials of the licensed clinician who reviewed and accepted 89
the AI output and the date and time of review and acceptance, and 90
the audit log shall be retained consistent with state medical 91
record requirements. 92
(3) Nothing in this section shall be construed to limit 93
civil liability beyond existing law. The use of AI does not 94
lessen the standard of care for a licensed clinician. 95
SECTION 6. Billing, coding and risk-adjustment safeguards. 96
(1) A diagnosis code used for billing or risk adjustment may not 97
be submitted if the diagnosis code was originated solely from AI 98
without corroborating clinical documentation and clinician 99
attestation. 100
(2) Payers may not upcode or direct contractors to extract 101
or submit diagnoses generated solely from AI-drafted 102
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documentation, in the absence of substantiating clinical evidence 103
and attestation by a treating clinician. 104
SECTION 7. No denial by algorithm; physician-review 105
requirement. (1) A payer may not issue an automated denial or 106
delay of coverage or payment for medical services. 107
(2) Any adverse determination for medical services must be 108
reviewed and signed by a physician holding an unrestricted license 109
in the United States and in the same or a similar specialty as the 110
ordering or treating clinician. For dental services, the reviewer 111
must be a licensed dentist consistent with existing Mississippi 112
law. 113
(3) The reviewer's name, licensure state and specialty shall 114
be provided with the denial notification and preserved in the 115
payer's records. 116
(4) Nothing in this section alters or limits the existing 117
timelines, automatic-approval remedies or penalties established 118
under the Mississippi Prior Authorization Reform Act and related 119
Department of Insurance rules, and the requirements imposed by 120
this act are in addition to those protections. 121
SECTION 8. Reporting; minimum burden. (1) Payers shall 122
file an annual AI use report with the Department of Insurance, and 123
with the Division of Medicaid for Medicaid managed care 124
organizations, describing any clinical AI used for utilization 125
management or risk adjustment, the role of physician reviewers in 126
those processes, and the number or percentage of initial adverse 127
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determinations that were modified or reversed after human review. 128
The department may specify the format of the report, provided that 129
the format is in alignment with existing prior-authorization 130
annual report data to minimize duplication. 131
(2) Providers and facilities shall maintain an internal 132
inventory of clinical AI systems they use, including the purpose 133
and confirmation that clinician attestation and audit logging 134
features are enabled. This inventory shall be available to the 135
relevant licensing authority upon request. No source code or 136
proprietary algorithm disclosure is required by this act. 137
SECTION 9. Enforcement. (1) For clinicians and facilities, 138
this act shall be enforced by the applicable licensing authority 139
as provided by law. A violation of this act by a licensee 140
constitutes unprofessional conduct or failure to meet minimum 141
standards of care, as applicable, subject to investigation and 142
disciplinary action by the licensing board. 143
(2) For payers other than Medicaid managed care 144
organizations, this act shall be enforced by the Department of 145
Insurance under Title 83 and applicable insurance regulations. A 146
violation by a payer constitutes an unfair or deceptive act or 147
practice in the business of insurance and is subject to the 148
department's cease-and-desist orders, fines, and other remedies. 149
The department may refer egregious or repeated violations to the 150
Attorney General for enforcement under consumer protection laws. 151
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(3) For Medicaid managed care organizations, this act shall 152
be enforced by the Division of Medicaid through contract terms, 153
sanctions or withholding of payments, in addition to any current 154
authority the department has regarding those entities when acting 155
as insurers. 156
(4) In addition, a payer who violates this act may be 157
subject to an administrative fine up to Five Thousand Dollars 158
($5,000.00) per violation. Licensing boards may impose sanctions 159
or fines for violations by licensees. Any applicable penalties 160
under other laws and regulations, including under the False Claims 161
Act or Department of Insurance regulations, remain available and 162
cumulative. 163
SECTION 10. Safe harbors; phase-in. (1) A provider, 164
facility or payer is deemed in substantial compliance with this 165
act when: 166
(a) Clinician attestation and audit logging are enabled 167
for all clinical AI tools in use; and 168
(b) Adverse determinations for medical services are 169
physician-reviewed as required herein. 170
Isolated or nonmaterial instances of noncompliance, if 171
promptly corrected and self-reported, shall not be deemed 172
violations. 173
(2) The State Department of Health, in collaboration with 174
the Artificial Intelligence Regulation (Air) Task Force 175
established by Section 25-53-301, may certify specific AI pilot 176
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programs or studies that demonstrate equal or greater protections 177
for patients and clinicians to those provided by this act. A 178
provider, facility or payer participating in a certified pilot 179
program or study and operating within its terms is deemed 180
compliant with the relevant portions of this act for the duration 181
of the pilot program or study. 182
(3) The Department of Insurance, Division of Medicaid and 183
licensing authorities may delay enforcement of Sections 4 and 8 of 184
this act for up to twelve (12) months after the effective date for 185
practices with ten (10) or fewer full-time clinicians or for 186
hospitals designated as Critical Access Hospitals. During this 187
period, agencies shall focus on education and guidance to 188
facilitate compliance. No fines shall be imposed on such entities 189
for first-time violations corrected within a reasonable time as 190
determined by the agency. 191
SECTION 11. Rulemaking; construction. (1) The Department 192
of Insurance, Division of Medicaid and licensing authorities may 193
promulgate rules or guidelines to implement this act, within the 194
scope of their existing statutory authority, provided that no such 195
rule may contradict the express provisions of this act. Any such 196
rules should aim to minimize administrative burden while 197
effectuating the act's purposes. 198
(2) Nothing in this act shall be construed to compel the 199
disclosure of proprietary algorithms, source code or software 200
design specifications. Requirements for AI explainability, 201
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reporting or logging are satisfied by high-level summaries and 202
metadata that do not divulge protected intellectual property. 203
(3) This act shall be construed to complement applicable 204
federal laws and regulations, including FDA oversight of medical 205
devices and clinical decision support software. This act does not 206
apply to the extent it would be preempted by federal law. The 207
provisions of this act do not restrict purely administrative 208
automations unrelated to clinical decision-making, including, but 209
not limited to, scheduling, billing or inventory management tools. 210
SECTION 12. Section 73-9-61, Mississippi Code of 1972, is 211
amended as follows: 212
73-9-61. (1) Upon satisfactory proof, and in accordance 213
with statutory provisions elsewhere set out for such hearings and 214
protecting the rights of the accused as well as the public, the 215
State Board of Dental Examiners may deny the issuance or renewal 216
of a license or may revoke or suspend the license of any licensed 217
dentist or dental hygienist practicing in the State of 218
Mississippi, or take any other action in relation to the license 219
as the board may deem proper under the circumstances, for any of 220
the following reasons: 221
(a) Misrepresentation in obtaining a license, or 222
attempting to obtain, obtaining, attempting to renew or renewing a 223
license or professional credential by making any material 224
misrepresentation, including the signing in his or her 225
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professional capacity any certificate that is known to be false at 226
the time he or she makes or signs the certificate. 227
(b) Willful violation of any of the rules or 228
regulations duly promulgated by the board, or of any of the rules 229
or regulations duly promulgated by the appropriate dental 230
licensure agency of another state or jurisdiction. 231
(c) Being impaired in the ability to practice dentistry 232
or dental hygiene with reasonable skill and safety to patients by 233
reason of illness or use of alcohol, drugs, narcotics, chemicals, 234
or any other type of material or as a result of any mental or 235
physical condition. 236
(d) Administering, dispensing or prescribing any 237
prescriptive medication or drug outside the course of legitimate 238
professional dental practice. 239
(e) Being convicted or found guilty of or entering a 240
plea of nolo contendere to, regardless of adjudication, a 241
violation of any federal or state law regulating the possession, 242
distribution or use of any narcotic drug or any drug considered a 243
controlled substance under state or federal law, a certified copy 244
of the conviction order or judgment rendered by the trial court 245
being prima facie evidence thereof, notwithstanding the pendency 246
of any appeal. 247
(f) Practicing incompetently or negligently, regardless 248
of whether there is actual harm to the patient. 249
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(g) Being convicted or found guilty of or entering a 250
plea of nolo contendere to, regardless of adjudication, a crime in 251
any jurisdiction that relates to the practice of dentistry or 252
dental hygiene, a certified copy of the conviction order or 253
judgment rendered by the trial court being prima facie evidence 254
thereof, notwithstanding the pendency of any appeal. 255
(h) Being convicted or found guilty of or entering a 256
plea of nolo contendere to, regardless of adjudication, a felony 257
in any jurisdiction, a certified copy of the conviction order or 258
judgment rendered by the trial court being prima facie evidence 259
thereof, notwithstanding the pendency of any appeal. 260
(i) Delegating professional responsibilities to a 261
person who is not qualified by training, experience or licensure 262
to perform them. 263
(j) The refusal of a licensing authority of another 264
state or jurisdiction to issue or renew a license, permit or 265
certificate to practice dentistry or dental hygiene in that 266
jurisdiction or the revocation, suspension or other restriction 267
imposed on a license, permit or certificate issued by the 268
licensing authority that prevents or restricts practice in that 269
jurisdiction, a certified copy of the disciplinary order or action 270
taken by the other state or jurisdiction being prima facie 271
evidence thereof, notwithstanding the pendency of any appeal. 272
(k) Surrender of a license or authorization to practice 273
dentistry or dental hygiene in another state or jurisdiction when 274
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the board has reasonable cause to believe that the surrender is 275
made to avoid or in anticipation of a disciplinary action. 276
(l) Any unprofessional conduct to be determined by the 277
board on a case-by-case basis, which shall include, but not be 278
restricted to, the following: 279
(i) Committing any crime involving moral 280
turpitude. 281
(ii) Practicing deceit or other fraud upon the 282
public. 283
(iii) Practicing dentistry or dental hygiene under 284
a false or assumed name. 285
(iv) Advertising that is false, deceptive or 286
misleading. 287
(v) Announcing a specialized practice shall be 288
considered advertising that tends to deceive or mislead the public 289
unless the dentist announcing as a specialist conforms to other 290
statutory provisions and the duly promulgated rules or regulations 291
of the board pertaining to practice of dentistry in the State of 292
Mississippi. 293
(m) Failure to provide and maintain reasonable sanitary 294
facilities and conditions or failure to follow board rules 295
regarding infection control. 296
(n) Committing any act which would constitute sexual 297
misconduct upon a patient or upon ancillary staff. For purposes 298
of this subsection, the term sexual misconduct means: 299
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(i) Use of the licensee-patient relationship to 300
engage or attempt to engage the patient in sexual activity; or 301
(ii) Conduct of a licensee that is intended to 302
intimidate, coerce, influence or trick any person employed by or 303
for the licensee in a dental practice or educational setting for 304
the purpose of engaging in sexual activity or activity intended 305
for the sexual gratification of the licensee. 306
(o) Violation of a lawful order of the board previously 307
entered in a disciplinary or licensure hearing; failure to 308
cooperate with any lawful request or investigation by the board; 309
or failure to comply with a lawfully issued subpoena of the board. 310
(p) Willful, obstinate and continuing refusal to 311
cooperate with the board in observing its rules and regulations in 312
promptly paying all legal license or other fees required by law. 313
(q) Practicing dentistry or dental hygiene while the 314
person's license is suspended. 315
(r) Violation(s) of the provisions of Sections 41-121-1 316
through 41-121-9 relating to deceptive advertisement by health 317
care practitioners. 318
(s) Violation(s) of the provisions of Sections 1 319
through 11 of this act relating to the use of artificial 320
intelligence by licensed clinicians. 321
(2) In lieu of revocation of a license as provided for 322
above, the board may suspend the license of the offending dentist 323
or dental hygienist, suspend the sedation permit of the offending 324
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dentist, or take any other action in relation to his or her 325
license as the board may deem proper under the circumstances. 326
(3) When a license to practice dentistry or dental hygiene 327
is revoked or suspended by the board, the board may, in its 328
discretion, stay the revocation or suspension and simultaneously 329
place the licensee on probation upon the condition that the 330
licensee shall not violate the laws of the State of Mississippi 331
pertaining to the practice of dentistry or dental hygiene and 332
shall not violate the rules and regulations of the board and shall 333
not violate any terms in relation to his or her license as may be 334
set by the board. 335
(4) In a proceeding conducted under this section by the 336
board for the denial, revocation or suspension of a license to 337
practice dentistry or dental hygiene, the board shall have the 338
power and authority for the grounds stated for that denial, 339
revocation or suspension, and in addition thereto or in lieu of 340
that denial, revocation or suspension may assess and levy upon any 341
person licensed to practice dentistry or dental hygiene in the 342
State of Mississippi, a monetary penalty, as follows: 343
(a) For the first violation of any of paragraph (a), 344
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 345
(1) of this section, a monetary penalty of not less than Fifty 346
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). 347
(b) For the second violation of any of paragraph (a), 348
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 349
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(1) of this section, a monetary penalty of not less than One 350
Hundred Dollars ($100.00) nor more than One Thousand Dollars 351
($1,000.00). 352
(c) For the third and any subsequent violation of any 353
of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or 354
(q) of subsection (1) of this section, a monetary penalty of not 355
less than Five Hundred Dollars ($500.00) and not more than Five 356
Thousand Dollars ($5,000.00). 357
(d) For any violation of any of paragraphs (a) through 358
(q) of subsection (1) of this section, those reasonable costs that 359
are expended by the board in the investigation and conduct of a 360
proceeding for licensure revocation or suspension, including, but 361
not limited to, the cost of process service, court reporters, 362
expert witnesses and investigators. 363
(5) The power and authority of the board to assess and levy 364
monetary penalties under this section shall not be affected or 365
diminished by any other proceeding, civil or criminal, concerning 366
the same violation or violations except as provided in this 367
section. 368
(6) A licensee shall have the right of appeal from the 369
assessment and levy of a monetary penalty as provided in this 370
section under the same conditions as a right of appeal is provided 371
elsewhere for appeals from an adverse ruling, order or decision of 372
the board. 373
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(7) Any monetary penalty assessed and levied under this 374
section shall not take effect until after the time for appeal has 375
expired. In the event of an appeal, the appeal shall act as a 376
supersedeas. 377
(8) A monetary penalty assessed and levied under this 378
section shall be paid to the board by the licensee upon the 379
expiration of the period allowed for appeal of those penalties 380
under this section or may be paid sooner if the licensee elects. 381
With the exception of subsection (4)(d) of this section, monetary 382
penalties collected by the board under this section shall be 383
deposited to the credit of the General Fund of the State Treasury. 384
Any monies collected by the board under subsection (4)(d) of this 385
section shall be deposited into the special fund operating account 386
of the board. 387
(9) When payment of a monetary penalty assessed and levied 388
by the board against a licensee in accordance with this section is 389
not paid by the licensee when due under this section, the board 390
shall have power to institute and maintain proceedings in its name 391
for enforcement of payment in the chancery court of the county and 392
judicial district of residence of the licensee, and if the 393
licensee is a nonresident of the State of Mississippi, the 394
proceedings shall be in the Chancery Court of the First Judicial 395
District of Hinds County, Mississippi. 396
(10) In addition to the reasons specified in subsection (1) 397
of this section, the board shall be authorized to suspend the 398
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license of any licensee for being out of compliance with an order 399
for support, as defined in Section 93-11-153. The procedure for 400
suspension of a license for being out of compliance with an order 401
for support, and the procedure for the reissuance or reinstatement 402
of a license suspended for that purpose, and the payment of any 403
fees for the reissuance or reinstatement of a license suspended 404
for that purpose, shall be governed by Section 93-11-157 or 405
93-11-163, as the case may be. If there is any conflict between 406
any provision of Section 93-11-157 or 93-11-163 and any provision 407
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 408
as the case may be, shall control. 409
(11) All grounds for disciplinary action, including 410
imposition of fines and assessment of costs as enumerated above, 411
shall also apply to any other license or permit issued by the 412
board under this chapter or regulations duly adopted by the board. 413
SECTION 13. Section 73-15-29, Mississippi Code of 1972, is 414
amended as follows: 415
73-15-29. (1) The board shall have power to revoke, suspend 416
or refuse to renew any license issued by the board, or to revoke 417
or suspend any privilege to practice, or to deny an application 418
for a license, or to fine, place on probation and/or discipline a 419
licensee, in any manner specified in this article, upon proof that 420
such person: 421
(a) Has committed fraud or deceit in securing or 422
attempting to secure such license; 423
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(b) Has been convicted of a felony, or a crime 424
involving moral turpitude or has had accepted by a court a plea of 425
nolo contendere to a felony or a crime involving moral turpitude 426
(a certified copy of the judgment of the court of competent 427
jurisdiction of such conviction or pleas shall be prima facie 428
evidence of such conviction); 429
(c) Has negligently or willfully acted in a manner 430
inconsistent with the health or safety of the persons under the 431
licensee's care; 432
(d) Has had a license or privilege to practice as a 433
registered nurse or a licensed practical nurse suspended or 434
revoked in any jurisdiction, has voluntarily surrendered such 435
license or privilege to practice in any jurisdiction, has been 436
placed on probation as a registered nurse or licensed practical 437
nurse in any jurisdiction or has been placed under a disciplinary 438
order(s) in any manner as a registered nurse or licensed practical 439
nurse in any jurisdiction, (a certified copy of the order of 440
suspension, revocation, probation or disciplinary action shall be 441
prima facie evidence of such action); 442
(e) Has negligently or willfully practiced nursing in a 443
manner that fails to meet generally accepted standards of such 444
nursing practice; 445
(f) Has negligently or willfully violated any order, 446
rule or regulation of the board pertaining to nursing practice or 447
licensure; 448
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(g) Has falsified or in a repeatedly negligent manner 449
made incorrect entries or failed to make essential entries on 450
records; 451
(h) Is addicted to or dependent on alcohol or other 452
habit-forming drugs or is a habitual user of narcotics, 453
barbiturates, amphetamines, hallucinogens, or other drugs having 454
similar effect, or has misappropriated any medication; 455
(i) Has a physical, mental or emotional condition that 456
renders the licensee unable to perform nursing services or duties 457
with reasonable skill and safety; 458
(j) Has engaged in any other conduct, whether of the 459
same or of a different character from that specified in this 460
article, that would constitute a crime as defined in Title 97 of 461
the Mississippi Code of 1972, as now or hereafter amended, and 462
that relates to such person's employment as a registered nurse or 463
licensed practical nurse; 464
(k) Engages in conduct likely to deceive, defraud or 465
harm the public; 466
(l) Engages in any unprofessional conduct as identified 467
by the board in its rules; 468
(m) Has violated any provision of this article; 469
(n) Violation(s) of the provisions of Sections 41-121-1 470
through 41-121-9 relating to deceptive advertisement by health 471
care practitioners; * * * 472
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(o) Violation(s) of any provision of Title 41, Chapter 473
141, Mississippi Code of 1972 * * *; or 474
(p) Violation(s) of the provisions of Sections 1 475
through 11 of this act relating to the use of artificial 476
intelligence by licensed clinicians. 477
(2) When the board finds any person unqualified because of 478
any of the grounds set forth in subsection (1) of this section, it 479
may enter an order imposing one or more of the following 480
penalties: 481
(a) Denying application for a license or other 482
authorization to practice nursing or practical nursing; 483
(b) Administering a reprimand; 484
(c) Suspending or restricting the license or other 485
authorization to practice as a registered nurse or licensed 486
practical nurse for up to two (2) years without review; 487
(d) Revoking the license or other authorization to 488
practice nursing or practical nursing; 489
(e) Requiring the disciplinee to submit to care, 490
counseling or treatment by persons and/or agencies approved or 491
designated by the board as a condition for initial, continued or 492
renewed licensure or other authorization to practice nursing or 493
practical nursing; 494
(f) Requiring the disciplinee to participate in a 495
program of education prescribed by the board as a condition for 496
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initial, continued or renewed licensure or other authorization to 497
practice; 498
(g) Requiring the disciplinee to practice under the 499
supervision of a registered nurse for a specified period of time; 500
or 501
(h) Imposing a fine not to exceed Five Hundred Dollars 502
($500.00). 503
(3) In addition to the grounds specified in subsection (1) 504
of this section, the board shall be authorized to suspend the 505
license or privilege to practice of any licensee for being out of 506
compliance with an order for support, as defined in Section 507
93-11-153. The procedure for suspension of a license or privilege 508
to practice for being out of compliance with an order for support, 509
and the procedure for the reissuance or reinstatement of a license 510
or privilege to practice suspended for that purpose, and the 511
payment of any fees for the reissuance or reinstatement of a 512
license or privilege to practice suspended for that purpose, shall 513
be governed by Section 93-11-157 or 93-11-163, as the case may be. 514
If there is any conflict between any provision of Section 515
93-11-157 or 93-11-163 and any provision of this article, the 516
provisions of Section 93-11-157 or 93-11-163, as the case may be, 517
shall control. 518
(4) If the public health, safety or welfare imperatively 519
requires emergency action and the board incorporates a finding to 520
that effect in an order, the board may order summary suspension of 521
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a license pending proceedings for revocation or other action. 522
These proceedings shall be promptly instituted and determined by 523
the board. 524
(5) The board may establish by rule an alternative to 525
discipline program for licensees who have an impairment as a 526
result of substance abuse or a mental health condition, which 527
program shall include at least the following components: 528
(a) Participation in the program is voluntary with the 529
licensee, and the licensee must enter the program before the board 530
holds a disciplinary action hearing regarding the licensee; 531
(b) The full cost of participation in the program, 532
including the cost of any care, counseling, treatment and/or 533
education received by the licensee, shall be borne by the 534
licensee; 535
(c) All of the procedures and records regarding the 536
licensee's participation in the program shall be confidential, 537
shall not be disclosed and shall be exempt from the provisions of 538
the Mississippi Public Records Act of 1983; and 539
(d) A licensee may not participate in the program more 540
often than one (1) time during any period of five (5) years or 541
such longer period as set by the board. 542
(6) A nurse practitioner who provides a written 543
certification as authorized under the Mississippi Medical Cannabis 544
Act and in compliance with rules and regulations adopted 545
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thereunder shall not be subject to any disciplinary action under 546
this section solely due to providing the written certification. 547
SECTION 14. Section 73-21-97, Mississippi Code of 1972, is 548
amended as follows: 549
73-21-97. (1) The board may refuse to issue or renew, or 550
may suspend, reprimand, revoke or restrict the license, 551
registration or permit of any person, or may impose a monetary 552
penalty, upon one or more of the following grounds: 553
(a) Unprofessional conduct as defined by the rules and 554
regulations of the board; 555
(b) Incapacity of a nature that prevents a pharmacist 556
or intern/extern from engaging in the practice of pharmacy or a 557
pharmacy technician from engaging in or providing nonjudgmental 558
technical services in the practice of pharmacy with reasonable 559
skill, confidence and safety to the public; 560
(c) Being found guilty by a court of competent 561
jurisdiction of one or more of the following: 562
(i) A felony; 563
(ii) Any act involving moral turpitude or gross 564
immorality; or 565
(iii) Violation of pharmacy or drug laws of this 566
state or rules or regulations pertaining thereto, or of statutes, 567
rules or regulations of any other state or the federal government; 568
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(d) Fraud or intentional misrepresentation by a 569
licensee, registrant or permit holder in securing the issuance or 570
renewal of a license or permit; 571
(e) Engaging or aiding and abetting an individual to 572
engage in the practice of pharmacy without a license; 573
(f) Violation of any of the provisions of this chapter 574
or rules or regulations adopted pursuant to this chapter; 575
(g) Failure to comply with lawful orders of the board; 576
(h) Negligently or willfully acting in a manner 577
inconsistent with the health or safety of the public; 578
(i) Addiction to or dependence on alcohol or controlled 579
substances or the unauthorized use or possession of controlled 580
substances; 581
(j) Misappropriation of any prescription drug; 582
(k) Being found guilty by the licensing agency in 583
another state of violating the statutes, rules or regulations of 584
that jurisdiction; 585
(l) The unlawful or unauthorized possession of a 586
controlled substance; 587
(m) Willful failure to submit drug monitoring 588
information or willful submission of incorrect dispensing 589
information as required by the Prescription Monitoring Program 590
under Section 73-21-127; 591
(n) Failure to obtain the license, registration or 592
permit required by this chapter; * * * 593
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(o) Violation(s) of the provisions of Sections 41-121-1 594
through 41-121-9 relating to deceptive advertisement by health 595
care practitioners * * *; 596
(p) Violation(s) of the provisions of Sections 1 597
through 11 of this act relating to the use of artificial 598
intelligence by licensed clinicians. 599
(2) In lieu of suspension, revocation or restriction of a 600
license, registration or permit as provided for above, the board 601
may warn, reprimand or issue a citation to the offending licensee, 602
registrant or permit holder. 603
(3) In addition to the grounds specified in subsection (1) 604
of this section, the board shall be authorized to suspend the 605
license, registration or permit of any person for being out of 606
compliance with an order for support, as defined in Section 607
93-11-153. The procedure for suspension of a license, 608
registration or permit for being out of compliance with an order 609
for support, and the procedure for the reissuance or reinstatement 610
of a license, registration or permit suspended for that purpose, 611
and the payment of any fees for the reissuance or reinstatement of 612
a license, registration or permit suspended for that purpose, 613
shall be governed by Section 93-11-157 or 93-11-163, as the case 614
may be. If there is any conflict between any provision of Section 615
93-11-157 or 93-11-163 and any provision of this chapter, the 616
provisions of Section 93-11-157 or 93-11-163, as the case may be, 617
shall control. 618
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SECTION 15. Section 73-21-163, Mississippi Code of 1972, is 619
amended as follows: 620
73-21-163. (1) Whenever the board has reason to believe 621
that a pharmacy benefit manager or pharmacy benefit manager 622
affiliate is using, has used, or is about to use any method, act 623
or practice prohibited in Sections 73-21-151 through 73-21-163 or 624
in Sections 1 through 11 of this act, which relate to the use of 625
artificial intelligence by certain payers, including pharmacy 626
benefit managers, and that proceedings would be in the public 627
interest, it may bring an action in the name of the board against 628
the pharmacy benefit manager or pharmacy benefit manager affiliate 629
to restrain by temporary or permanent injunction the use of such 630
method, act or practice. The action shall be brought in the 631
Chancery Court of the First Judicial District of Hinds County, 632
Mississippi. The court is authorized to issue temporary or 633
permanent injunctions to restrain and prevent violations of 634
Sections 73-21-151 through 73-21-163 and such injunctions shall be 635
issued without bond. 636
(2) The board may impose a monetary penalty on a pharmacy 637
benefit manager or a pharmacy benefit manager affiliate for 638
noncompliance with the provisions of the Sections 73-21-151 639
through 73-21-163, in amounts of not less than One Thousand 640
Dollars ($1,000.00) per violation and not more than Twenty-five 641
Thousand Dollars ($25,000.00) per violation. In addition, the 642
board may impose a monetary penalty for noncompliance with 643
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Sections 1 through 11 of this act, in an amount of not more than 644
Five Thousand Dollars ($5,000.00) per violation. Each day a 645
violation continues for the same brand or generic product 646
identifier or brand or generic code number is a separate 647
violation. The board shall prepare a record entered upon its 648
minutes that states the basic facts upon which the monetary 649
penalty was imposed. Any penalty collected under this subsection 650
(2) shall be deposited into the special fund of the board. 651
(3) The board may assess a monetary penalty for those 652
reasonable costs that are expended by the board in the 653
investigation and conduct of a proceeding if the board imposes a 654
monetary penalty under subsection (2) of this section. A monetary 655
penalty assessed and levied under this section shall be paid to 656
the board by the licensee, registrant or permit holder upon the 657
expiration of the period allowed for appeal of those penalties 658
under Section 73-21-101, or may be paid sooner if the licensee, 659
registrant or permit holder elects. Any penalty collected by the 660
board under this subsection (3) shall be deposited into the 661
special fund of the board. 662
(4) When payment of a monetary penalty assessed and levied 663
by the board against a licensee, registrant or permit holder in 664
accordance with this section is not paid by the licensee, 665
registrant or permit holder when due under this section, the board 666
shall have the power to institute and maintain proceedings in its 667
name for enforcement of payment in the chancery court of the 668
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county and judicial district of residence of the licensee, 669
registrant or permit holder, or if the licensee, registrant or 670
permit holder is a nonresident of the State of Mississippi, in the 671
Chancery Court of the First Judicial District of Hinds County, 672
Mississippi. When those proceedings are instituted, the board 673
shall certify the record of its proceedings, together with all 674
documents and evidence, to the chancery court and the matter shall 675
be heard in due course by the court, which shall review the record 676
and make its determination thereon in accordance with the 677
provisions of Section 73-21-101. The hearing on the matter may, 678
in the discretion of the chancellor, be tried in vacation. 679
(5) The board shall develop and implement a uniform penalty 680
policy that sets the minimum and maximum penalty for any given 681
violation of Sections 73-21-151 through 73-21-163. The board 682
shall adhere to its uniform penalty policy except in those cases 683
where the board specifically finds, by majority vote, that a 684
penalty in excess of, or less than, the uniform penalty is 685
appropriate. That vote shall be reflected in the minutes of the 686
board and shall not be imposed unless it appears as having been 687
adopted by the board. 688
SECTION 16. Section 73-25-29, Mississippi Code of 1972, is 689
amended as follows: 690
73-25-29. The grounds for the nonissuance, suspension, 691
revocation or restriction of a license or the denial of 692
reinstatement or renewal of a license are: 693
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(1) Habitual personal use of narcotic drugs, or any 694
other drug having addiction-forming or addiction-sustaining 695
liability. 696
(2) Habitual use of intoxicating liquors, or any 697
beverage, to an extent which affects professional competency. 698
(3) Administering, dispensing or prescribing any 699
narcotic drug, or any other drug having addiction-forming or 700
addiction-sustaining liability otherwise than in the course of 701
legitimate professional practice. 702
(4) Conviction of violation of any federal or state law 703
regulating the possession, distribution or use of any narcotic 704
drug or any drug considered a controlled substance under state or 705
federal law, a certified copy of the conviction order or judgment 706
rendered by the trial court being prima facie evidence thereof, 707
notwithstanding the pendency of any appeal. 708
(5) Procuring, or attempting to procure, or aiding in, 709
an abortion that is not medically indicated. 710
(6) Conviction of a felony or misdemeanor involving 711
moral turpitude, a certified copy of the conviction order or 712
judgment rendered by the trial court being prima facie evidence 713
thereof, notwithstanding the pendency of any appeal. 714
(7) Obtaining or attempting to obtain a license by 715
fraud or deception. 716
(8) Unprofessional conduct, which includes, but is not 717
limited to: 718
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(a) Practicing medicine under a false or assumed 719
name or impersonating another practitioner, living or dead. 720
(b) Knowingly performing any act which in any way 721
assists an unlicensed person to practice medicine. 722
(c) Making or willfully causing to be made any 723
flamboyant claims concerning the licensee's professional 724
excellence. 725
(d) Being guilty of any dishonorable or unethical 726
conduct likely to deceive, defraud or harm the public. 727
(e) Obtaining a fee as personal compensation or 728
gain from a person on fraudulent representation of a disease or 729
injury condition generally considered incurable by competent 730
medical authority in the light of current scientific knowledge and 731
practice can be cured or offering, undertaking, attempting or 732
agreeing to cure or treat the same by a secret method, which he 733
refuses to divulge to the board upon request. 734
(f) Use of any false, fraudulent or forged 735
statement or document, or the use of any fraudulent, deceitful, 736
dishonest or immoral practice in connection with any of the 737
licensing requirements, including the signing in his professional 738
capacity any certificate that is known to be false at the time he 739
makes or signs such certificate. 740
(g) Failing to identify a physician's school of 741
practice in all professional uses of his name by use of his earned 742
degree or a description of his school of practice. 743
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(9) The refusal of a licensing authority of another 744
state or jurisdiction to issue or renew a license, permit or 745
certificate to practice medicine in that jurisdiction or the 746
revocation, suspension or other restriction imposed on a license, 747
permit or certificate issued by such licensing authority which 748
prevents or restricts practice in that jurisdiction, a certified 749
copy of the disciplinary order or action taken by the other state 750
or jurisdiction being prima facie evidence thereof, 751
notwithstanding the pendency of any appeal. 752
(10) Surrender of a license or authorization to 753
practice medicine in another state or jurisdiction or surrender of 754
membership on any medical staff or in any medical or professional 755
association or society while under disciplinary investigation by 756
any of those authorities or bodies for acts or conduct similar to 757
acts or conduct which would constitute grounds for action as 758
defined in this section. 759
(11) Final sanctions imposed by the United States 760
Department of Health and Human Services, Office of Inspector 761
General or any successor federal agency or office, based upon a 762
finding of incompetency, gross misconduct or failure to meet 763
professionally recognized standards of health care; a certified 764
copy of the notice of final sanction being prima facie evidence 765
thereof. As used in this paragraph, the term "final sanction" 766
means the written notice to a physician from the United States 767
Department of Health and Human Services, Officer of Inspector 768
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General or any successor federal agency or office, which 769
implements the exclusion. 770
(12) Failure to furnish the board, its investigators or 771
representatives information legally requested by the board. 772
(13) Violation of any provision(s) of the Medical 773
Practice Act or the rules and regulations of the board or of any 774
order, stipulation or agreement with the board. 775
(14) Violation(s) of the provisions of Sections 776
41-121-1 through 41-121-9 relating to deceptive advertisement by 777
health care practitioners. 778
(15) Performing or inducing an abortion on a woman in 779
violation of any provision of Sections 41-41-131 through 780
41-41-145. 781
(16) Performing an abortion on a pregnant woman after 782
determining that the unborn human individual that the pregnant 783
woman is carrying has a detectable fetal heartbeat as provided in 784
Section 41-41-34.1. 785
(17) Violation(s) of any provision of Title 41, Chapter 786
141, Mississippi Code of 1972. 787
(18) Violation(s) of any provision of Sections 1 788
through 11 of this act relating to the use of artificial 789
intelligence by licensed clinicians. 790
In addition to the grounds specified above, the board shall 791
be authorized to suspend the license of any licensee for being out 792
of compliance with an order for support, as defined in Section 793
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93-11-153. The procedure for suspension of a license for being 794
out of compliance with an order for support, and the procedure for 795
the reissuance or reinstatement of a license suspended for that 796
purpose, and the payment of any fees for the reissuance or 797
reinstatement of a license suspended for that purpose, shall be 798
governed by Section 93-11-157 or 93-11-163, as the case may be. 799
If there is any conflict between any provision of Section 800
93-11-157 or 93-11-163 and any provision of this chapter, the 801
provisions of Section 93-11-157 or 93-11-163, as the case may be, 802
shall control. 803
A physician who provides a written certification as 804
authorized under the Mississippi Medical Cannabis Act and in 805
compliance with rules and regulations adopted thereunder shall not 806
be subject to any disciplinary action under this section solely 807
due to providing the written certification. 808
SECTION 17. Section 73-26-5, Mississippi Code of 1972, is 809
amended as follows: 810
73-26-5. (1) The board shall promulgate and publish 811
reasonable rules and regulations necessary to enable it to 812
discharge its functions and to enforce the provisions of law 813
regulating the practice of physician assistants. Those rules 814
shall include, but are not limited to: qualifications for 815
licensure for physician assistants; scope of practice of physician 816
assistants; supervision of physician assistants; identification of 817
physician assistants; grounds for disciplinary actions and 818
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discipline of physician assistants, which shall specifically 819
include discipline for violation(s) of the provisions of Sections 820
41-121-1 through 41-121-9 relating to deceptive advertisement by 821
health care practitioners and the provisions of Sections 1 through 822
11 of this act relating to the use of artificial intelligence by 823
licensed clinicians; and setting and charging reasonable fees for 824
licensure and license renewals for physician assistants. However, 825
nothing in this chapter or in rules adopted by the board shall 826
authorize physician assistants to administer or monitor general 827
inhaled anesthesia, epidural anesthesia, spinal anesthesia or 828
monitored anesthesia as utilized in surgical procedures. In 829
addition, the board shall not adopt any rule or regulation or 830
impose any requirement regarding the licensing of physician 831
assistants that conflicts with the prohibitions in Section 832
73-49-3. The board shall promulgate rules for licensure and 833
license renewals in accordance with Section 33-1-39. 834
(2) If the board appoints a task force or committee to 835
address physician assistant regulation, at least one (1) member of 836
the task force shall be a nurse practitioner who is a member of 837
the Mississippi Board of Nursing or a nurse practitioner appointee 838
selected by the board from a list of three (3) recommendations 839
submitted by the Mississippi Nurses Association, and at least one 840
(1) member shall be a physician assistant selected by the board 841
from a list of three (3) recommendations submitted by the 842
Mississippi Academy of Physician Assistants. 843
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SECTION 18. Section 73-27-13, Mississippi Code of 1972, is 844
amended as follows: 845
73-27-13. (1) The State Board of Medical Licensure may 846
refuse to issue, suspend, revoke or otherwise restrict any license 847
provided for in this chapter, with the advice of the advisory 848
committee, based upon the following grounds: 849
(a) Habitual personal use of narcotic drugs, or any 850
other drug having addiction-forming or addiction-sustaining 851
liability. 852
(b) Habitual use of intoxicating liquors, or any 853
beverage, to an extent which affects professional competency. 854
(c) Administering, dispensing or prescribing any 855
narcotic drug, or any other drug having addiction-forming or 856
addiction-sustaining liability otherwise than in the course of 857
legitimate professional practice. 858
(d) Conviction of violation of any federal or state law 859
regulating the possession, distribution or use of any narcotic 860
drug or any drug considered a controlled substance under state or 861
federal law. 862
(e) Performing any medical diagnosis or treatment 863
outside the scope of podiatry as defined in Section 73-27-1. 864
(f) Conviction of a felony or misdemeanor involving 865
moral turpitude. 866
(g) Obtaining or attempting to obtain a license by 867
fraud or deception. 868
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(h) Unprofessional conduct, which includes, but is not 869
limited to: 870
(i) Practicing medicine under a false or assumed 871
name or impersonating another practitioner, living or dead. 872
(ii) Knowingly performing any act which in any way 873
assists an unlicensed person to practice podiatry. 874
(iii) Making or willfully causing to be made any 875
flamboyant claims concerning the licensee's professional 876
excellence. 877
(iv) Being guilty of any dishonorable or unethical 878
conduct likely to deceive, defraud or harm the public. 879
(v) Obtaining a fee as personal compensation or 880
gain from a person on fraudulent representation a disease or 881
injury condition generally considered incurable by competent 882
medical authority in the light of current scientific knowledge and 883
practice can be cured or offering, undertaking, attempting or 884
agreeing to cure or treat the same by a secret method, which he 885
refuses to divulge to the board upon request. 886
(vi) Use of any false, fraudulent or forged 887
statement or document, or the use of any fraudulent, deceitful, 888
dishonest or immoral practice in connection with any of the 889
licensing requirements, including the signing in his professional 890
capacity any certificate that is known to be false at the time he 891
makes or signs such certificate. 892
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(vii) Failing to identify a podiatrist's school of 893
practice in all professional uses of his name by use of his earned 894
degree or a description of his school of practice. 895
(i) The refusal of a licensing authority of another 896
state to issue or renew a license, permit or certificate to 897
practice podiatry in that state or the revocation, suspension or 898
other restriction imposed on a license, permit or certificate 899
issued by such licensing authority which prevents or restricts 900
practice in that state. 901
(j) Violation(s) of the provisions of Sections 41-121-1 902
through 41-121-9 relating to deceptive advertisement by health 903
care practitioners. 904
(k) Violation(s) of the provisions of Sections 1 905
through 11 of this act relating to the use of artificial 906
intelligence by licensed clinicians. 907
(2) Upon the nonissuance, suspension or revocation of a 908
license to practice podiatry, the board may, in its discretion and 909
with the advice of the advisory committee, reissue a license after 910
a lapse of six (6) months. No advertising shall be permitted 911
except regular professional cards. 912
(3) In its investigation of whether the license of a 913
podiatrist should be suspended, revoked or otherwise restricted, 914
the board may inspect patient records in accordance with the 915
provisions of Section 73-25-28. 916
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(4) In addition to the grounds specified in subsection (1) 917
of this section, the board shall be authorized to suspend the 918
license of any licensee for being out of compliance with an order 919
for support, as defined in Section 93-11-153. The procedure for 920
suspension of a license for being out of compliance with an order 921
for support, and the procedure for the reissuance or reinstatement 922
of a license suspended for that purpose, and the payment of any 923
fees for the reissuance or reinstatement of a license suspended 924
for that purpose, shall be governed by Section 93-11-157 or 925
93-11-163, as the case may be. If there is any conflict between 926
any provision of Section 93-11-157 or 93-11-163 and any provision 927
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 928
as the case may be, shall control. 929
SECTION 19. Section 73-31-21, Mississippi Code of 1972, is 930
amended as follows: 931
73-31-21. (1) The board, by an affirmative vote of at least 932
four (4) of its seven (7) members, shall withhold, deny, revoke or 933
suspend any license issued or applied for in accordance with the 934
provisions of this article, or otherwise discipline a licensed 935
psychologist, upon proof that the applicant or licensed 936
psychologist: 937
(a) Has violated the current code of ethics of the 938
American Psychological Association or other codes of ethical 939
standards adopted by the board; or 940
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(b) Has been convicted of a felony or any offense 941
involving moral turpitude, the record of conviction being 942
conclusive evidence thereof; or 943
(c) Is using any substance or any alcoholic beverage to 944
an extent or in a manner dangerous to any other person or the 945
public, or to an extent that the use impairs his or her ability to 946
perform the work of a professional psychologist with safety to the 947
public; or 948
(d) Has impersonated another person holding a 949
psychologist license or allowed another person to use his or her 950
license; or 951
(e) Has used fraud or deception in applying for a 952
license or in taking an examination provided for in this article; 953
or 954
(f) Has accepted commissions or rebates or other forms 955
of remuneration for referring clients to other professional 956
persons; or 957
(g) Has performed psychological services outside of the 958
area of his or her training, experience or competence; or 959
(h) Has allowed his or her name or license issued under 960
this article to be used in connection with any person or persons 961
who perform psychological services outside of the area of their 962
training, experience or competence; or 963
(i) Is legally adjudicated mentally incompetent, the 964
record of that adjudication being conclusive evidence thereof; or 965
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(j) Has willfully or negligently violated any of the 966
provisions of this article * * *; or 967
(k) Has violated any of the provisions of Sections 1 968
through 11 of this act relating to the use of artificial 969
intelligence by licensed clinicians. The board may recover from 970
any person disciplined under this article, the costs of 971
investigation, prosecution, and adjudication of the disciplinary 972
action. 973
(2) Notice shall be effected by registered mail or personal 974
service setting forth the particular reasons for the proposed 975
action and fixing a date not less than thirty (30) days nor more 976
than sixty (60) days from the date of the mailing or that service, 977
at which time the applicant or licensee shall be given an 978
opportunity for a prompt and fair hearing. For the purpose of the 979
hearing, the board, acting by and through its executive secretary, 980
may subpoena persons and papers on its own behalf and on behalf of 981
the applicant or licensee, may administer oaths and may take 982
testimony. That testimony, when properly transcribed, together 983
with the papers and exhibits, shall be admissible in evidence for 984
or against the applicant or licensee. At the hearing, the 985
applicant or licensee may appear by counsel and personally in his 986
or her own behalf. Any person sworn and examined by a witness in 987
the hearing shall not be held to answer criminally, nor shall any 988
papers or documents produced by the witness be competent evidence 989
in any criminal proceedings against the witness other than for 990
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perjury in delivering his or her evidence. On the basis of any 991
such hearing, or upon default of applicant or licensee, the board 992
shall make a determination specifying its findings of fact and 993
conclusions of law. A copy of that determination shall be sent by 994
registered mail or served personally upon the applicant or 995
licensee. The decision of the board denying, revoking or 996
suspending the license shall become final thirty (30) days after 997
so mailed or served, unless within that period the applicant or 998
licensee appeals the decision to the chancery court, under the 999
provisions hereof, and the proceedings in chancery shall be 1000
conducted as other matters coming before the court. All 1001
proceedings and evidence, together with exhibits, presented at the 1002
hearing before the board shall be admissible in evidence in court 1003
in the appeal. 1004
(3) The board may subpoena persons and papers on its own 1005
behalf and on behalf of the respondent, may administer oaths and 1006
may compel the testimony of witnesses. It may issue commissions 1007
to take testimony, and testimony so taken and sworn to shall be 1008
admissible in evidence for and against the respondent. The board 1009
shall be entitled to the assistance of the chancery court or the 1010
chancellor in vacation, which, on petition by the board, shall 1011
issue ancillary subpoenas and petitions and may punish as for 1012
contempt of court in the event of noncompliance therewith. 1013
(4) Every order and judgment of the board shall take effect 1014
immediately on its promulgation unless the board in the order or 1015
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judgment fixes a probationary period for the applicant or 1016
licensee. The order and judgment shall continue in effect unless 1017
upon appeal the court by proper order or decree terminates it 1018
earlier. The board may make public its order and judgments in 1019
any manner and form as it deems proper. It shall, in event of the 1020
suspension or revocation of a license, direct the clerk of the 1021
circuit court of the county in which that license was recorded to 1022
cancel that record. 1023
(5) Nothing in this section shall be construed as limiting 1024
or revoking the authority of any court or of any licensing or 1025
registering officer or board, other than the Mississippi Board of 1026
Psychology, to suspend, revoke and reinstate licenses and to 1027
cancel registrations under the provisions of Section 41-29-311. 1028
(6) Suspension by the board of the license of a psychologist 1029
shall be for a period not exceeding one (1) year. At the end of 1030
this period the board shall reevaluate the suspension, and shall 1031
either reinstate or revoke the license. A person whose license 1032
has been revoked under the provisions of this section may reapply 1033
for a license after more than two (2) years have elapsed from the 1034
date that the denial or revocation is legally effective. 1035
(7) In addition to the reasons specified in subsection (1) 1036
of this section, the board shall be authorized to suspend the 1037
license of any licensee for being out of compliance with an order 1038
for support, as defined in Section 93-11-153. The procedure for 1039
suspension of a license for being out of compliance with an order 1040
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for support, and the procedure for the reissuance or reinstatement 1041
of a license suspended for that purpose, and the payment of any 1042
fees for the reissuance or reinstatement of a license suspended 1043
for that purpose, shall be governed by Section 93-11-157. Actions 1044
taken by the board in suspending a license when required by 1045
Section 93-11-157 or 93-11-163 are not actions from which an 1046
appeal may be taken under this section. Any appeal of a license 1047
suspension that is required by Section 93-11-157 or 93-11-163 1048
shall be taken in accordance with the appeal procedure specified 1049
in Section 93-11-157 or 93-11-163, as the case may be, rather than 1050
the procedure specified in this section. If there is any conflict 1051
between any provision of Section 93-11-157 or 93-11-163 and any 1052
provision of this article, the provisions of Section 93-11-157 or 1053
93-11-163, as the case may be, shall control. 1054
(8) The board may issue a nondisciplinary, educational 1055
letter to licensees as provided in Section 73-31-7(2)(g). The 1056
board may also direct a psychologist to obtain a formal assessment 1057
of ability to practice safely if there is reason to believe there 1058
may be impairment due to substance abuse or mental incapacity. 1059
Licensees who may be impaired, but who are able to practice 1060
safely, may be required by the board to seek appropriate treatment 1061
and/or supervision. That action by the board in itself will not 1062
be considered disciplinary. 1063
(9) The board may discipline any person who has been granted 1064
the authority to practice interjurisdictional telepsychology or 1065
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the temporary authorization to practice under the Psychology 1066
Interjurisdictional Compact provided for under Section 73-31-51, 1067
for any of the grounds specified in subsection (1) of this section 1068
in the same manner as the board disciplines a licensed 1069
psychologist under this section. 1070
SECTION 20. Section 73-43-11, Mississippi Code of 1972, is 1071
amended as follows: 1072
73-43-11. The State Board of Medical Licensure shall have 1073
the following powers and responsibilities: 1074
(a) Setting policies and professional standards 1075
regarding the medical practice of physicians, osteopaths, 1076
podiatrists and physician assistants practicing with physician 1077
supervision; 1078
(b) Considering applications for licensure; 1079
(c) Conducting examinations for licensure; 1080
(d) Investigating alleged violations of the medical 1081
practice act; 1082
(e) Conducting hearings on disciplinary matters 1083
involving violations of state and federal law, probation, 1084
suspension and revocation of licenses; 1085
(f) Considering petitions for termination of 1086
probationary and suspension periods, and restoration of revoked 1087
licenses; 1088
(g) To promulgate and publish reasonable rules and 1089
regulations necessary to enable it to discharge its functions and 1090
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to enforce the provisions of law regulating the practice of 1091
medicine; however, the board shall not adopt any rule or 1092
regulation or impose any requirement regarding the licensing of 1093
physicians or osteopaths that conflicts with the prohibitions in 1094
Section 73-49-3; 1095
(h) To enter into contracts with any other state or 1096
federal agency, or with any private person, organization or group 1097
capable of contracting, if it finds such action to be in the 1098
public interest and in the furtherance of its responsibilities; 1099
(i) Perform the duties prescribed by Sections 73-26-1 1100
through 73-26-5; 1101
(j) Perform the duties prescribed by the Interstate 1102
Medical Licensure Compact, Section 73-25-101; and 1103
(k) To adopt reasonable rules and regulations providing 1104
for physician practice records retention under the following 1105
minimum standards: 1106
(i) Medical records shall be retained by a 1107
physician in the original, microfilmed, or similarly reproduced 1108
form for a minimum period of ten (10) years from the date a 1109
patient is last treated by a physician. Audit logs documenting 1110
use and acceptance of outputs from artificial intelligence 1111
systems, as required by Section 5 of this act, shall be retained 1112
consistent with the medical record requirements. 1113
(ii) Graphic matter, images, X-ray films, and like 1114
matter that were necessary to produce a diagnostic or therapeutic 1115
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report shall be retained, preserved and properly stored by a 1116
physician in the original, microfilmed, or similarly reproduced 1117
form for a minimum period of three (3) years from the date a 1118
patient is last treated by the physician. Such graphic matter, 1119
images, X-ray film, and like matter shall be retained for a longer 1120
period when requested in writing by the patient. 1121
(iii) Medical records in their original, 1122
microfilmed, or similarly reproduced form shall be provided upon 1123
request to a parent or guardian of an unemancipated minor under 1124
eighteen (18) without the permission of such unemancipated minor. 1125
SECTION 21. Section 83-5-917, Mississippi Code of 1972, is 1126
amended as follows: 1127
83-5-917. Notifications for adverse determinations. If a 1128
health insurance issuer makes an adverse determination, the health 1129
insurance issuer shall include the following in the notification 1130
to the enrollee, the enrollee's health care professional, and the 1131
enrollee's health care provider: 1132
(a) The reasons for the adverse determination and 1133
related evidence-based criteria, including a description of any 1134
missing or insufficient documentation; 1135
(b) The right to appeal the adverse determination; 1136
(c) Instructions on how to file the appeal; and 1137
(d) Additional documentation necessary to support the 1138
appeal. 1139
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The notification required under this section shall comply 1140
with the requirements of Sections 1 through 11 of this act, 1141
including, but not limited to, the prohibition of automated 1142
denials or delays of coverage or payment for medical services. 1143
SECTION 22. Section 83-5-933, Mississippi Code of 1972, is 1144
amended as follows: 1145
83-5-933. Enforcement and administration. (1) In addition 1146
to the enforcement powers granted to it by law to enforce the 1147
provisions of this article, as well as the provisions of Sections 1148
1 through 11 of this act relating to the use of artificial 1149
intelligence by health insurance issuers, the department is 1150
granted specific authority to issue a cease-and-desist order or 1151
require a private review agent or health insurance issuer to 1152
submit a plan of correction for violations of this article, or 1153
both. Subject to regulations promulgated by the department under 1154
the provisions of the Mississippi Administrative Procedure Law and 1155
after proper notice and the opportunity for a hearing, the 1156
department may impose upon a private review agent, health benefit 1157
plan or health insurance issuer an administrative fine not to 1158
exceed Ten Thousand Dollars ($10,000.00) per violation for failure 1159
to submit a requested plan of correction, failure to comply with 1160
its plan of correction, or repeated violations of this article and 1161
a fine of not more than Five Thousand Dollars ($5,000.00) per 1162
violation for failure to comply with Sections 1 through 11 of this 1163
act. All fines collected by the department under this section 1164
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shall be deposited into the State General Fund. The department 1165
may also exercise all authority granted to it under Section 1166
41-83-13 to deny or revoke a certificate of a private review agent 1167
for a violation of this article. 1168
(2) Any person or his or her treating physician who has 1169
evidence that his or her health insurance issuer or health benefit 1170
plan is in violation of the provisions of this article may file a 1171
complaint with the department. The department shall review all 1172
complaints received and investigate all complaints that it deems 1173
to state a potential violation. The department shall fairly, 1174
efficiently and timely review and investigate complaints. Health 1175
insurance issuers, health benefit plans and private review agents 1176
found to be in violation of this article shall be penalized in 1177
accordance with this section. 1178
(3) The department shall have the authority to promulgate 1179
rules and regulations under the Mississippi Administrative 1180
Procedures Law to govern the administration of this article. 1181
SECTION 23. Section 25-53-301, Mississippi Code of 1972, is 1182
brought forward as follows: 1183
25-53-301. (1) The Legislature finds that: 1184
(a) The State of Mississippi needs to support 1185
stakeholders as they gather information and decide the best means 1186
to utilize and oversee artificial intelligence (AI) tools and 1187
systems used by the State of Mississippi's governing bodies; 1188
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(b) The Legislature acknowledges that artificial 1189
intelligence cannot replace human creativity and involvement and 1190
so promotes responsibly using AI tools and systems while aligning 1191
and adhering to the state's long term policies, goals, values and 1192
missions while maintaining citizen trust and balancing the 1193
benefits, risks and potential dangers of artificial intelligence; 1194
and 1195
(c) As the use of artificial intelligence has 1196
implications for state, national and personal security and 1197
privacy, the use of artificial intelligence must be conducted in a 1198
responsible, ethical, transparent and beneficial manner. 1199
(2) There is hereby established the Artificial Intelligence 1200
Regulation (Air) Task Force. 1201
(3) (a) The task force shall consist of the following seven 1202
(7) voting members: 1203
(i) The Lieutenant Governor and Speaker of the 1204
House shall each appoint one (1) respective member of the 1205
Mississippi Senate and the Mississippi House of Representatives to 1206
serve as co-chairs of the task force; 1207
(ii) The Executive Director of the Mississippi 1208
Department of Information Technology Services, or his or her 1209
designee; 1210
(iii) The Director of the Mississippi Artificial 1211
Intelligence Network (MAIN), or his or her designee; 1212
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(iv) The Executive Director of the Mississippi 1213
Office of Homeland Security, or his or her designee; 1214
(v) The Adjutant General of the Mississippi 1215
National Guard, or his or her designee; and 1216
(vi) The Attorney General of Mississippi, or his 1217
or her designee. 1218
(b) The Chairpersons of the Artificial Intelligence 1219
Regulation (AIR) Task Force, with the advice and consent of the 1220
remaining official executive agency committee members specified in 1221
paragraph (a), or their respective designees, may appoint 1222
ex-officio nonvoting members to the task force to serve in an 1223
advisory capacity for such terms to be determined at the 1224
discretion of the task force. The voting members of the task 1225
force, upon a majority of its membership, present and voting, and 1226
spread upon its minutes, may reduce or expand the number of 1227
ex-officio members who may serve, provided that such members are 1228
deemed necessary to provide expertise or access to resources 1229
involving AI technology and are representative of: 1230
(i) Workforce development, who possesses expert 1231
knowledge of and experience with AI technology; 1232
(ii) Elementary and secondary education, public or 1233
private, who possesses expert knowledge of and experience with AI 1234
technology; 1235
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(iii) Four-year postsecondary education, public or 1236
private, who possesses expert knowledge of and experience with AI 1237
technology; 1238
(iv) Two-year postsecondary education, public or 1239
proprietary, who possesses expert knowledge of and experience with 1240
AI technology; 1241
(v) Healthcare, who possesses expert knowledge of 1242
and experience with AI technology; 1243
(vi) Private business entity, who possesses expert 1244
knowledge of and experience with AI technology, including, but not 1245
limited to: 1246
1. Data storage and management; 1247
2. Cloud computing infrastructure; 1248
3. Computer power provided by graphic 1249
processing units, tensor processing units and quantum computing; 1250
4. Data processing and preparation through 1251
data cleaning, data integration and ETL (extract, transform and 1252
load) process; 1253
5. AI algorithms and frameworks; 1254
6. AI software and applications; 1255
7. Data security and privacy; 1256
8. AI governance and ethical frameworks; 1257
9. Integration with business processes; 1258
10. Training and talent development; and 1259
(vii) Automation and manufacturing; 1260
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(viii) Ethics and transparency; 1261
(ix) Agriculture; and 1262
(x) Entertainment. 1263
(4) The legislative members named by the Lieutenant Governor 1264
and Speaker of the House of Representatives shall serve as 1265
co-chairs of the AIR Task Force. The task force must meet within 1266
fifteen (15) days of the effective date of this act upon the call 1267
of the co-chairs, and at its first meeting shall elect any 1268
officers from among its members as it deems necessary for the 1269
efficient discharge of the task force's duties. 1270
(5) The task force shall adopt rules and regulations 1271
governing times and places for meetings and governing the manner 1272
of conducting its business. A majority of the members shall 1273
constitute a quorum for the purpose of conducting any business of 1274
the task force, and a majority vote of all members present shall 1275
be required for any recommendations to the Legislature. 1276
(6) The task force shall be responsible for balancing 1277
innovation and public interest while endeavoring to mitigate risks 1278
and unintended consequences of AI and its regulation. The task 1279
force shall: 1280
(a) Facilitate and evaluate through comprehensive 1281
review, develop tentative drafts of any necessary proposed 1282
revisions to the Mississippi Code involving the regulation of AI 1283
technologies, which may or may not include the following: 1284
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(i) Fostering innovation by providing an 1285
environment for businesses and organizations to develop and test 1286
AI systems under relaxed regulatory constraints; 1287
(ii) Regulatory oversight of the designing, 1288
testing and refinement of regulations to ensure responsible AI 1289
deployment; 1290
(iii) Collaborating with stakeholders to bridge 1291
communication and idea exchanges between developers, policymakers 1292
and the public to align AI innovation with ethical and societal 1293
goals; and 1294
(iv) Any other areas as deemed necessary by the 1295
task force. 1296
(b) Review laws, policies and procedures concerning the 1297
use of AI technology established by the United States Congress and 1298
other state legislatures, if any, and compile a list of 1299
recommendations to include in the report required by this act. The 1300
review shall focus on, but not be limited to focusing on: 1301
(i) Privacy and data protection; 1302
(ii) Development for a framework for AI testing; 1303
(iii) Compliance with ethical standards which 1304
enforce adherence to fairness, accountability, transparency, 1305
disclosures and promoting equitable outcomes; 1306
(iv) Assessment of risk and benefits which 1307
measures the societal and economic impact of AI innovations; 1308
(v) Liability; 1309
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(vi) Constituent and consumer impact; 1310
(vii) Bias and social impact; and 1311
(viii) Copyright and provenance. 1312
(c) Consider implementation and use of artificial 1313
intelligence in state government agencies and compile a list of 1314
recommendations of best practices and potential uses for AI 1315
technologies in government to include in the report required by 1316
this act; 1317
(d) Consider ways to allocate funding for development 1318
and use of artificial intelligence technologies in the state and 1319
draft proposals accordingly to include in the report required by 1320
this act; and 1321
(e) Any other issues related to artificial intelligence 1322
technologies that the task force finds appropriate to address. 1323
(7) Members of the task force shall receive a per diem in 1324
the amount provided in Section 25-3-69 for each day engaged in the 1325
business of the task force. Members of the task force other than 1326
the legislative members shall receive reimbursement for travel 1327
expenses incurred while engaged in official business of the task 1328
force in accordance with Section 25-3-41, and the legislative 1329
members of the task force shall receive the expense allowance 1330
provided for in Section 5-1-47. 1331
(8) The Joint Legislative Committee on Performance 1332
Evaluation and Expenditure Review shall provide necessary clerical 1333
support for the meetings of the task force and the preparation of 1334
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the report, with assistance from the clerical and legal staff of 1335
the Mississippi House of Representatives and the Mississippi 1336
Senate. 1337
(9) The task force is authorized to apply for and accept 1338
gifts, grants, subsidies and other funds from persons, 1339
corporations, foundations, the United States government or other 1340
entities, and the receipt of any gifts, grants, subsidies or funds 1341
shall be reported and otherwise accounted for in the manner 1342
provided by law. If financial subsidies are sufficient, the task 1343
force may hire additional contract staff to support its work. 1344
(10) The term "artificial intelligence" has the meaning set 1345
forth in 15 USC Section 9401(3): a machine-based system that can, 1346
for a given set of human-defined objectives, make predictions, 1347
recommendations or decisions influencing real or virtual 1348
environments. Artificial intelligence systems use machine- and 1349
human-based inputs to perceive real and virtual environments; 1350
abstract such perceptions into models through analysis in an 1351
automated manner; and use model inference to formulate options for 1352
information or action. 1353
(11) The task force may request the assistance of the Joint 1354
Legislative Committee on Performance Evaluation and Expenditure 1355
Review, the legal staffs of the Mississippi House of 1356
Representatives and the Mississippi Senate, or any other related 1357
organization with expertise in domestic relations. 1358
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ST: Mississippi Medical Judgement Protection
Act; create.
(12) The work of the task force described in this act 1359
relates to sensitive matters of security. Notwithstanding any 1360
other law, the meetings, work and findings of the commission as 1361
described in this act are not subject to the requirements of 1362
Chapters 41 or 61 of Title 25, Mississippi Code of 1972. 1363
(13) The task force shall report its findings and 1364
recommendations to the Legislature annually not later than 1365
December 1 each year, and shall dissolve in December 31, 2027. 1366
SECTION 24. This act shall take effect and be in force from 1367
and after July 1, 2026. 1368