Practice of medicine or dentistry; allow persons convicted of certain crimes to practice after license reinstatement.

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

By: Representatives Taylor, Sanders

HOUSE BILL NO. 679

AN ACT TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, 1
TO ALLOW PERSONS WHO ARE CONVICTED OF CERTAIN CRIMES TO PRACTICE 2
MEDICINE OR DENTISTRY AGAIN AFTER THE PERSON'S LICENSE HAS BEEN 3
REINSTATED BY THE STATE BOARD OF MEDICAL LICENSURE OR THE STATE 4
BOARD OF DENTAL EXAMINERS; TO BRING FORWARD SECTIONS 73-9-61 AND 5
73-25-29, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE 6
NONISSUANCE OR DENIAL OF DENTAL AND MEDICAL LICENSES, FOR THE 7
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 99-19-35, Mississippi Code of 1972, is 10
amended as follows: 11
99-19-35. A person convicted of bribery, burglary, theft, 12
arson, obtaining money or goods under false pretenses, perjury, 13
forgery, embezzlement, or bigamy, shall not be allowed to practice 14
medicine or dentistry, or be appointed to hold or perform the 15
duties of any office of profit, trust, or honor, unless after full 16
pardon for the same, or, in the case of a person seeking 17
reinstatement to the practice of medicine or dentistry, after 18
being reinstated to the practice of medicine by the Board of 19
Medical Licensure under Section 73-25-32 or reinstated to the 20
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practice of dentistry by the State Board of Dental Examiners under 21
Section 73-9-65. 22
SECTION 2. Section 73-9-61, Mississippi Code of 1972, is 23
brought forward as follows: 24
73-9-61. (1) Upon satisfactory proof, and in accordance 25
with statutory provisions elsewhere set out for such hearings and 26
protecting the rights of the accused as well as the public, the 27
State Board of Dental Examiners may deny the issuance or renewal 28
of a license or may revoke or suspend the license of any licensed 29
dentist or dental hygienist practicing in the State of 30
Mississippi, or take any other action in relation to the license 31
as the board may deem proper under the circumstances, for any of 32
the following reasons: 33
(a) Misrepresentation in obtaining a license, or 34
attempting to obtain, obtaining, attempting to renew or renewing a 35
license or professional credential by making any material 36
misrepresentation, including the signing in his or her 37
professional capacity any certificate that is known to be false at 38
the time he or she makes or signs the certificate. 39
(b) Willful violation of any of the rules or 40
regulations duly promulgated by the board, or of any of the rules 41
or regulations duly promulgated by the appropriate dental 42
licensure agency of another state or jurisdiction. 43
(c) Being impaired in the ability to practice dentistry 44
or dental hygiene with reasonable skill and safety to patients by 45
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reason of illness or use of alcohol, drugs, narcotics, chemicals, 46
or any other type of material or as a result of any mental or 47
physical condition. 48
(d) Administering, dispensing or prescribing any 49
prescriptive medication or drug outside the course of legitimate 50
professional dental practice. 51
(e) Being convicted or found guilty of or entering a 52
plea of nolo contendere to, regardless of adjudication, a 53
violation of any federal or state law regulating the possession, 54
distribution or use of any narcotic drug or any drug considered a 55
controlled substance under state or federal law, a certified copy 56
of the conviction order or judgment rendered by the trial court 57
being prima facie evidence thereof, notwithstanding the pendency 58
of any appeal. 59
(f) Practicing incompetently or negligently, regardless 60
of whether there is actual harm to the patient. 61
(g) Being convicted or found guilty of or entering a 62
plea of nolo contendere to, regardless of adjudication, a crime in 63
any jurisdiction that relates to the practice of dentistry or 64
dental hygiene, a certified copy of the conviction order or 65
judgment rendered by the trial court being prima facie evidence 66
thereof, notwithstanding the pendency of any appeal. 67
(h) Being convicted or found guilty of or entering a 68
plea of nolo contendere to, regardless of adjudication, a felony 69
in any jurisdiction, a certified copy of the conviction order or 70
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judgment rendered by the trial court being prima facie evidence 71
thereof, notwithstanding the pendency of any appeal. 72
(i) Delegating professional responsibilities to a 73
person who is not qualified by training, experience or licensure 74
to perform them. 75
(j) The refusal of a licensing authority of another 76
state or jurisdiction to issue or renew a license, permit or 77
certificate to practice dentistry or dental hygiene in that 78
jurisdiction or the revocation, suspension or other restriction 79
imposed on a license, permit or certificate issued by the 80
licensing authority that prevents or restricts practice in that 81
jurisdiction, a certified copy of the disciplinary order or action 82
taken by the other state or jurisdiction being prima facie 83
evidence thereof, notwithstanding the pendency of any appeal. 84
(k) Surrender of a license or authorization to practice 85
dentistry or dental hygiene in another state or jurisdiction when 86
the board has reasonable cause to believe that the surrender is 87
made to avoid or in anticipation of a disciplinary action. 88
(l) Any unprofessional conduct to be determined by the 89
board on a case-by-case basis, which shall include, but not be 90
restricted to, the following: 91
(i) Committing any crime involving moral 92
turpitude. 93
(ii) Practicing deceit or other fraud upon the 94
public. 95
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(iii) Practicing dentistry or dental hygiene under 96
a false or assumed name. 97
(iv) Advertising that is false, deceptive or 98
misleading. 99
(v) Announcing a specialized practice shall be 100
considered advertising that tends to deceive or mislead the public 101
unless the dentist announcing as a specialist conforms to other 102
statutory provisions and the duly promulgated rules or regulations 103
of the board pertaining to practice of dentistry in the State of 104
Mississippi. 105
(m) Failure to provide and maintain reasonable sanitary 106
facilities and conditions or failure to follow board rules 107
regarding infection control. 108
(n) Committing any act which would constitute sexual 109
misconduct upon a patient or upon ancillary staff. For purposes 110
of this subsection, the term sexual misconduct means: 111
(i) Use of the licensee-patient relationship to 112
engage or attempt to engage the patient in sexual activity; or 113
(ii) Conduct of a licensee that is intended to 114
intimidate, coerce, influence or trick any person employed by or 115
for the licensee in a dental practice or educational setting for 116
the purpose of engaging in sexual activity or activity intended 117
for the sexual gratification of the licensee. 118
(o) Violation of a lawful order of the board previously 119
entered in a disciplinary or licensure hearing; failure to 120
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cooperate with any lawful request or investigation by the board; 121
or failure to comply with a lawfully issued subpoena of the board. 122
(p) Willful, obstinate and continuing refusal to 123
cooperate with the board in observing its rules and regulations in 124
promptly paying all legal license or other fees required by law. 125
(q) Practicing dentistry or dental hygiene while the 126
person's license is suspended. 127
(r) Violation(s) of the provisions of Sections 41-121-1 128
through 41-121-9 relating to deceptive advertisement by health 129
care practitioners. 130
(2) In lieu of revocation of a license as provided for 131
above, the board may suspend the license of the offending dentist 132
or dental hygienist, suspend the sedation permit of the offending 133
dentist, or take any other action in relation to his or her 134
license as the board may deem proper under the circumstances. 135
(3) When a license to practice dentistry or dental hygiene 136
is revoked or suspended by the board, the board may, in its 137
discretion, stay the revocation or suspension and simultaneously 138
place the licensee on probation upon the condition that the 139
licensee shall not violate the laws of the State of Mississippi 140
pertaining to the practice of dentistry or dental hygiene and 141
shall not violate the rules and regulations of the board and shall 142
not violate any terms in relation to his or her license as may be 143
set by the board. 144
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(4) In a proceeding conducted under this section by the 145
board for the denial, revocation or suspension of a license to 146
practice dentistry or dental hygiene, the board shall have the 147
power and authority for the grounds stated for that denial, 148
revocation or suspension, and in addition thereto or in lieu of 149
that denial, revocation or suspension may assess and levy upon any 150
person licensed to practice dentistry or dental hygiene in the 151
State of Mississippi, a monetary penalty, as follows: 152
(a) For the first violation of any of paragraph (a), 153
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 154
(1) of this section, a monetary penalty of not less than Fifty 155
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). 156
(b) For the second violation of any of paragraph (a), 157
(b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of subsection 158
(1) of this section, a monetary penalty of not less than One 159
Hundred Dollars ($100.00) nor more than One Thousand Dollars 160
($1,000.00). 161
(c) For the third and any subsequent violation of any 162
of paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or 163
(q) of subsection (1) of this section, a monetary penalty of not 164
less than Five Hundred Dollars ($500.00) and not more than Five 165
Thousand Dollars ($5,000.00). 166
(d) For any violation of any of paragraphs (a) through 167
(q) of subsection (1) of this section, those reasonable costs that 168
are expended by the board in the investigation and conduct of a 169
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proceeding for licensure revocation or suspension, including, but 170
not limited to, the cost of process service, court reporters, 171
expert witnesses and investigators. 172
(5) The power and authority of the board to assess and levy 173
monetary penalties under this section shall not be affected or 174
diminished by any other proceeding, civil or criminal, concerning 175
the same violation or violations except as provided in this 176
section. 177
(6) A licensee shall have the right of appeal from the 178
assessment and levy of a monetary penalty as provided in this 179
section under the same conditions as a right of appeal is provided 180
elsewhere for appeals from an adverse ruling, order or decision of 181
the board. 182
(7) Any monetary penalty assessed and levied under this 183
section shall not take effect until after the time for appeal has 184
expired. In the event of an appeal, the appeal shall act as a 185
supersedeas. 186
(8) A monetary penalty assessed and levied under this 187
section shall be paid to the board by the licensee upon the 188
expiration of the period allowed for appeal of those penalties 189
under this section or may be paid sooner if the licensee elects. 190
With the exception of subsection (4)(d) of this section, monetary 191
penalties collected by the board under this section shall be 192
deposited to the credit of the General Fund of the State Treasury. 193
Any monies collected by the board under subsection (4)(d) of this 194
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section shall be deposited into the special fund operating account 195
of the board. 196
(9) When payment of a monetary penalty assessed and levied 197
by the board against a licensee in accordance with this section is 198
not paid by the licensee when due under this section, the board 199
shall have power to institute and maintain proceedings in its name 200
for enforcement of payment in the chancery court of the county and 201
judicial district of residence of the licensee, and if the 202
licensee is a nonresident of the State of Mississippi, the 203
proceedings shall be in the Chancery Court of the First Judicial 204
District of Hinds County, Mississippi. 205
(10) In addition to the reasons specified in subsection (1) 206
of this section, the board shall be authorized to suspend the 207
license of any licensee for being out of compliance with an order 208
for support, as defined in Section 93-11-153. The procedure for 209
suspension of a license for being out of compliance with an order 210
for support, and the procedure for the reissuance or reinstatement 211
of a license suspended for that purpose, and the payment of any 212
fees for the reissuance or reinstatement of a license suspended 213
for that purpose, shall be governed by Section 93-11-157 or 214
93-11-163, as the case may be. If there is any conflict between 215
any provision of Section 93-11-157 or 93-11-163 and any provision 216
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 217
as the case may be, shall control. 218
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(11) All grounds for disciplinary action, including 219
imposition of fines and assessment of costs as enumerated above, 220
shall also apply to any other license or permit issued by the 221
board under this chapter or regulations duly adopted by the board. 222
SECTION 3. Section 73-25-29, Mississippi Code of 1972, is 223
brought forward as follows: 224
73-25-29. The grounds for the nonissuance, suspension, 225
revocation or restriction of a license or the denial of 226
reinstatement or renewal of a license are: 227
(1) Habitual personal use of narcotic drugs, or any 228
other drug having addiction-forming or addiction-sustaining 229
liability. 230
(2) Habitual use of intoxicating liquors, or any 231
beverage, to an extent which affects professional competency. 232
(3) Administering, dispensing or prescribing any 233
narcotic drug, or any other drug having addiction-forming or 234
addiction-sustaining liability otherwise than in the course of 235
legitimate professional practice. 236
(4) Conviction of violation of any federal or state law 237
regulating the possession, distribution or use of any narcotic 238
drug or any drug considered a controlled substance under state or 239
federal law, a certified copy of the conviction order or judgment 240
rendered by the trial court being prima facie evidence thereof, 241
notwithstanding the pendency of any appeal. 242
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(5) Procuring, or attempting to procure, or aiding in, 243
an abortion that is not medically indicated. 244
(6) Conviction of a felony or misdemeanor involving 245
moral turpitude, a certified copy of the conviction order or 246
judgment rendered by the trial court being prima facie evidence 247
thereof, notwithstanding the pendency of any appeal. 248
(7) Obtaining or attempting to obtain a license by 249
fraud or deception. 250
(8) Unprofessional conduct, which includes, but is not 251
limited to: 252
(a) Practicing medicine under a false or assumed 253
name or impersonating another practitioner, living or dead. 254
(b) Knowingly performing any act which in any way 255
assists an unlicensed person to practice medicine. 256
(c) Making or willfully causing to be made any 257
flamboyant claims concerning the licensee's professional 258
excellence. 259
(d) Being guilty of any dishonorable or unethical 260
conduct likely to deceive, defraud or harm the public. 261
(e) Obtaining a fee as personal compensation or 262
gain from a person on fraudulent representation of a disease or 263
injury condition generally considered incurable by competent 264
medical authority in the light of current scientific knowledge and 265
practice can be cured or offering, undertaking, attempting or 266
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agreeing to cure or treat the same by a secret method, which he 267
refuses to divulge to the board upon request. 268
(f) Use of any false, fraudulent or forged 269
statement or document, or the use of any fraudulent, deceitful, 270
dishonest or immoral practice in connection with any of the 271
licensing requirements, including the signing in his professional 272
capacity any certificate that is known to be false at the time he 273
makes or signs such certificate. 274
(g) Failing to identify a physician's school of 275
practice in all professional uses of his name by use of his earned 276
degree or a description of his school of practice. 277
(9) The refusal of a licensing authority of another 278
state or jurisdiction to issue or renew a license, permit or 279
certificate to practice medicine in that jurisdiction or the 280
revocation, suspension or other restriction imposed on a license, 281
permit or certificate issued by such licensing authority which 282
prevents or restricts practice in that jurisdiction, a certified 283
copy of the disciplinary order or action taken by the other state 284
or jurisdiction being prima facie evidence thereof, 285
notwithstanding the pendency of any appeal. 286
(10) Surrender of a license or authorization to 287
practice medicine in another state or jurisdiction or surrender of 288
membership on any medical staff or in any medical or professional 289
association or society while under disciplinary investigation by 290
any of those authorities or bodies for acts or conduct similar to 291
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acts or conduct which would constitute grounds for action as 292
defined in this section. 293
(11) Final sanctions imposed by the United States 294
Department of Health and Human Services, Office of Inspector 295
General or any successor federal agency or office, based upon a 296
finding of incompetency, gross misconduct or failure to meet 297
professionally recognized standards of health care; a certified 298
copy of the notice of final sanction being prima facie evidence 299
thereof. As used in this paragraph, the term "final sanction" 300
means the written notice to a physician from the United States 301
Department of Health and Human Services, Officer of Inspector 302
General or any successor federal agency or office, which 303
implements the exclusion. 304
(12) Failure to furnish the board, its investigators or 305
representatives information legally requested by the board. 306
(13) Violation of any provision(s) of the Medical 307
Practice Act or the rules and regulations of the board or of any 308
order, stipulation or agreement with the board. 309
(14) Violation(s) of the provisions of Sections 310
41-121-1 through 41-121-9 relating to deceptive advertisement by 311
health care practitioners. 312
(15) Performing or inducing an abortion on a woman in 313
violation of any provision of Sections 41-41-131 through 314
41-41-145. 315
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(16) Performing an abortion on a pregnant woman after 316
determining that the unborn human individual that the pregnant 317
woman is carrying has a detectable fetal heartbeat as provided in 318
Section 41-41-34.1. 319
(17) Violation(s) of any provision of Title 41, Chapter 320
141, Mississippi Code of 1972. 321
In addition to the grounds specified above, the board shall 322
be authorized to suspend the license of any licensee for being out 323
of compliance with an order for support, as defined in Section 324
93-11-153. The procedure for suspension of a license for being 325
out of compliance with an order for support, and the procedure for 326
the reissuance or reinstatement of a license suspended for that 327
purpose, and the payment of any fees for the reissuance or 328
reinstatement of a license suspended for that purpose, shall be 329
governed by Section 93-11-157 or 93-11-163, as the case may be. 330
If there is any conflict between any provision of Section 331
93-11-157 or 93-11-163 and any provision of this chapter, the 332
provisions of Section 93-11-157 or 93-11-163, as the case may be, 333
shall control. 334
A physician who provides a written certification as 335
authorized under the Mississippi Medical Cannabis Act and in 336
compliance with rules and regulations adopted thereunder shall not 337
be subject to any disciplinary action under this section solely 338
due to providing the written certification. 339
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ST: Practice of medicine or dentistry; allow
persons convicted of certain crimes to practice
after license reinstatement.
SECTION 4. This act shall take effect and be in force from 340
and after July 1, 2026. 341