Board of Medical Licensure; revise licensure status and other provisions and create Board of Health Professions.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2448

AN ACT TO AMEND SECTIONS 73-25-1, 73-25-3, 73-25-5, 73-25-14, 1
73-25-17, 73-25-18, 73-25-21, 73-25-23, 73-25-27, 73-25-28, 2
73-25-29, 73-25-30, 73-25-31, 73-25-32, 73-25-33, 73-25-34, 3
73-25-53, 73-25-55, 73-25-57, 73-25-59, 73-25-61, 73-25-63, 4
73-25-65, 73-25-83, 73-25-87 AND 73-25-89, MISSISSIPPI CODE OF 5
1972, TO REVISE CERTAIN DEFINITIONS UNDER THE MEDICAL PRACTICE 6
ACT; TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO PRACTICE 7
MEDICINE; TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE RENEWAL; TO 8
PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST RETIRED STATUS; TO 9
CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY LICENSE TO 10
PRACTICE MEDICINE; TO CLARIFY PROCEDURES FOR ISSUANCE OF A LICENSE 11
BY RECIPROCITY; TO REVISE CERTAIN PROCEDURES FOR DISCIPLINARY 12
ACTION AGAINST LICENSEES, THE ISSUANCE OF SUBPOENAS BY THE BOARD 13
OF MEDICAL LICENSURE, THE GROUNDS FOR DISCIPLINARY ACTION, THE 14
OPTIONS AVAILABLE TO THE BOARD FOLLOWING DISCIPLINARY HEARINGS 15
AGAINST LICENSEES, AND PETITIONS FOR REINSTATEMENT OF LICENSES; TO 16
CLARIFY THE ACTION OF THE UNLAWFUL PRACTICE OF MEDICINE AND THE 17
AUTHORITY OF THE BOARD TO SEEK INJUNCTIVE RELIEF; TO DELETE A 18
CERTAIN EXCEPTION TO LICENSURE; TO INCLUDE BEHAVIORAL CONDUCT THAT 19
COULD BE ADDRESSED BY TREATMENT TO THE LIST OF REASONS A LICENSEE 20
SHALL BE SUBJECT TO RESTRICTION OF HIS OR HER LICENSE; TO CLARIFY 21
CERTAIN PROCEDURES UNDER THE DISABLED PHYSICIAN LAW; TO CONFORM TO 22
THE PROVISIONS OF THE ACT; TO REVISE DISCIPLINARY ACTION THAT THE 23
BOARD IS AUTHORIZED TO TAKE, INCLUDING PLACING A LICENSEE ON 24
PROBATION OR IMPOSING A PUNITIVE FINE; TO PROVIDE THAT A HEARING 25
MUST BE HELD WITHIN 30 DAYS IF THE BOARD DETERMINES THAT A 26
PHYSICIAN'S CONTINUATION OF PRACTICE IS AN IMMEDIATE DANGER; TO 27
EXCLUDE INDIVIDUALS ENGAGED SOLELY IN THE PRACTICE OF MIDWIFERY 28
FROM THE CHAPTER; TO CONFORM TO THE PROVISIONS OF THE ACT; TO 29
CREATE NEW SECTION 73-43-19, MISSISSIPPI CODE OF 1972, TO REQUIRE 30
THE MISSISSIPPI PHYSICIAN HEALTH PROGRAM TO PROVIDE PERFORMANCE 31
STATISTICS TO THE STATE BOARD OF MEDICAL LICENSURE; TO AMEND 32
SECTION 73-43-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR 33
ADDITIONAL MEMBERS OF THE BOARD WHO SHALL BE MEMBERS OF THE PUBLIC 34
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NOT RELATED TO THE HEALTHCARE INDUSTRY; TO REPEAL SECTIONS 35
73-25-7, 73-25-9, 73-25-15, 73-25-19, 73-25-25, 73-25-39 AND 36
73-25-81, MISSISSIPPI CODE OF 1972, WHICH REQUIRE THE STATE BOARD 37
OF MEDICAL LICENSURE TO MEET AT THE CAPITOL AT LEAST ONCE EACH 38
YEAR FOR THE PURPOSE OF EXAMINING APPLICANTS; WHICH PROVIDES FOR 39
THE FEE CHARGED BY THE STATE BOARD OF MEDICAL LICENSURE TO APPLY 40
FOR A LICENSE TO PRACTICE; WHICH PROVIDES FOR THE PROCEDURES FOR 41
LOST MEDICAL LICENSES; WHICH PROVIDES FOR CERTAIN PROVISIONS 42
RELATED TO NONRESIDENT PHYSICIANS; WHICH PROVIDES FOR CERTAIN 43
PROCEDURES FOR THOSE DESIRING TO PRACTICE OSTEOPATHIC MEDICINE IN 44
THE STATE; WHICH ALLOWS THE STATE BOARD OF MEDICAL LICENSURE TO 45
CONTRACT FOR THE ACQUISITION OF BOOKS AND OTHER RECORDS; WHICH 46
PROVIDES A TECHNICAL REFERENCE TO THE MISSISSIPPI STATE BOARD OF 47
MEDICAL LICENSURE; TO CREATE NEW SECTIONS 73-44-1, 73-44-3, 48
73-44-5, 73-44-7 AND 73-44-9, MISSISSIPPI CODE OF 1972, TO SET 49
FORTH CERTAIN LEGISLATIVE FINDINGS; TO CREATE THE STATE BOARD OF 50
HEALTH PROFESSIONS AND TO SET FORTH THE MEMBERSHIP COMPOSITION, 51
APPOINTMENT PROCESS, QUALIFICATIONS AND TERMS FOR THE BOARD; TO 52
PROVIDE THAT THE CHAIRMAN OF THE STATE BOARD OF HEALTH PROFESSIONS 53
SHALL BE ELECTED BY ITS BOARD MEMBERS, THAT THE BOARD SHALL MEET 54
AT LEAST QUARTERLY, THAT A MAJORITY OF THE BOARD SHALL CONSTITUTE 55
A QUORUM FOR THE PURPOSE OF CONDUCTING BUSINESS AND THAT MEMBERS 56
OF THE BOARD SHALL BE ENTITLED TO ACTUAL TRAVEL EXPENSES AND PER 57
DIEM AS PROVIDED IN SECTIONS 5-3-41 AND 25-3-69; TO SET FORTH 58
POWERS AND DUTIES OF THE STATE BOARD OF HEALTH PROFESSIONS; TO 59
PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL REQUEST AN 60
ANNUAL BUDGET AND PROVIDE A MEETING SPACE AND ADMINISTRATIVE 61
SUPPORT FOR THE STATE BOARD OF HEALTH PROFESSIONS; AND FOR RELATED 62
PURPOSES. 63
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 64
SECTION 1. Section 73-25-1, Mississippi Code of 1972, is 65
amended as follows: 66
73-25-1. For the purposes of this chapter, the "practice of 67
medicine" means the practice of allopathic and osteopathic 68
medicine; provided, however, that nothing in this chapter shall 69
apply to individuals engaged solely in the practice of midwifery. 70
For the purposes of this chapter, "physician" means a medical 71
doctor or a doctor of osteopathic medicine. Every person who 72
desires to practice medicine must first obtain a license to do so 73
from the State Board of Medical Licensure, but this section shall 74
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not apply to physicians now holding permanent license, the same 75
having been recorded as required by law. 76
SECTION 2. Section 73-25-3, Mississippi Code of 1972, is 77
amended as follows: 78
73-25-3. Every person who desires to obtain a license to 79
practice medicine must apply therefor, in writing, to the 80
Mississippi State Board of Medical Licensure * * *. If the 81
applicant is found by the board, upon examination, to possess 82
sufficient * * * qualifications, the board shall issue * * * the 83
applicant a license to practice medicine; however, no applicant 84
shall be granted a license unless the applicant holds a diploma 85
from a * * * medical college or college of osteopathic 86
medicine * * * listed in the World Directory of Medical Schools or 87
its successor, or by an equivalent board-approved directory or 88
entity. 89
To qualify for a Mississippi medical license, an applicant 90
must have successfully been cleared for licensure through an 91
investigation that shall consist of a determination as to good 92
moral character and verification that the prospective licensee is 93
not guilty of or in violation of any statutory ground for denial 94
of licensure as set forth in Sections 73-25-29 and 73-25-83. To 95
assist the board in conducting its licensure investigation, all 96
applicants shall undergo a fingerprint-based criminal history 97
records check of the Mississippi central criminal database and the 98
Federal Bureau of Investigation criminal history database. Each 99
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applicant shall submit a full set of the applicant's fingerprints 100
in a form and manner prescribed by the board, which shall be 101
forwarded to the Mississippi Department of Public Safety 102
(department) and the Federal Bureau of Investigation 103
Identification Division for this purpose. 104
Any and all state or national criminal history records 105
information obtained by the board that is not already a matter of 106
public record shall be deemed nonpublic and confidential 107
information restricted to the exclusive use of the board, its 108
members, officers, investigators, agents and attorneys in 109
evaluating the applicant's eligibility or disqualification for 110
licensure, and shall be exempt from the Mississippi Public Records 111
Act of 1983. Except when introduced into evidence in a hearing 112
before the board to determine licensure, no such information or 113
records related thereto shall, except with the written consent of 114
the applicant or by order of a court of competent jurisdiction, be 115
released or otherwise disclosed by the board to any other person 116
or agency. 117
The board shall * * * require a form signed by the applicant 118
consenting to the check of the criminal records and to the use of 119
the fingerprints or other biometrics, and any other identifying 120
information required by the state or national repositories. 121
The board shall charge and collect from the applicant, in 122
addition to all other applicable fees and costs, such amount as 123
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may be incurred by the board in requesting and obtaining state and 124
national criminal history records information on the applicant. 125
This section shall not apply to applicants for a special 126
volunteer medical license authorized under Section 73-25-18. 127
SECTION 3. Section 73-25-5, Mississippi Code of 1972, is 128
amended as follows: 129
73-25-5. The application for license must include such 130
information as the Mississippi State Board of Medical Licensure 131
shall require. 132
Each application or filing made under this section shall 133
include the active and valid social security number(s) of the 134
applicant in accordance with Section 93-11-64, Mississippi Code of 135
1972. 136
SECTION 4. Section 73-25-14, Mississippi Code of 1972, is 137
amended as follows: 138
73-25-14. (1) Except as provided in Section 33-1-39, the 139
license of every person licensed to practice medicine or 140
osteopathy in the State of Mississippi shall be renewed annually. 141
On or before May 1 of each year, the Mississippi State Board 142
of Medical Licensure shall mail or electronically transmit a 143
notice of renewal of license to every physician or osteopath to 144
whom a license was issued or renewed during the current licensing 145
year. The notice shall provide instructions for obtaining and 146
submitting applications for renewal. The Mississippi State Board 147
of Medical Licensure is authorized to make applications for 148
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renewal available via electronic means. The applicant shall 149
obtain and complete the application and submit it to the board in 150
the manner prescribed by the board in the notice before June 30 151
with the renewal fee of an amount established by the board, but 152
not to exceed Three Hundred Dollars ($300.00) * * *. A portion 153
of * * * the fee shall be used to support a program to aid 154
impaired * * * licensees. * * * Upon receipt of the application 155
and fee, the board shall verify the accuracy of the application 156
and issue to applicant a certificate of renewal for the ensuing 157
year, beginning July 1 and expiring June 30 of the succeeding 158
calendar year. That renewal shall render the holder thereof a 159
legal practitioner as stated on the renewal form. 160
(2) * * * Any physician practicing in the State of 161
Mississippi whose license has lapsed may petition the board for 162
reinstatement of his or her license on a retroactive basis, if the 163
physician was unable to meet the June 30 deadline due to 164
extraordinary or other legitimate reasons, and retroactive 165
reinstatement of licensure shall be granted or may be denied by 166
the board only for good cause. Failure to advise the board of 167
change of address shall not be considered a good cause for 168
reinstatement. 169
(3) * * * A physician who wishes to retain his or her 170
license but not actively practice medicine may request "retired 171
status" for the license by submitting the proper paperwork as 172
prescribed by the board with the renewal fee. A physician holding 173
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a retired status medical license is exempt from license renewal 174
and from continuing medical education requirements. A licensed 175
retired status physician shall not practice medicine unless the 176
licensee applies for and is granted reinstatement and pays the 177
reinstatement fee as determined by the board. 178
(4) Any physician or osteopath who allows his or her license 179
to lapse shall be notified by the board within thirty (30) days of 180
that lapse. 181
* * * 182
SECTION 5. Section 73-25-17, Mississippi Code of 1972, is 183
amended as follows: 184
73-25-17. (1) * * * The executive officer of the * * * 185
board * * * may issue * * * a temporary license to practice 186
medicine * * * in compliance with the rules and regulations of the 187
board, provided that such license shall not exceed fourteen (14) 188
days for a physician who does not plan to study or practice in the 189
state permanently. The executive director may issue a temporary 190
license to practice medicine for up to one (1) year if the 191
applicant is a person in an internship, residency or fellowship 192
program created through the Office of Mississippi Physician 193
Workforce or accredited through the Accreditation Council for 194
Graduate Medical Education.* * * Any extension may only be 195
granted by the executive committee. The temporary license of a 196
person enrolled in any * * * Accreditation Council for Graduate 197
Medical Education (ACGME), residency or fellowship program within 198
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the state, * * * may be renewed annually for the duration of the 199
internship, residency or fellowship program for a period not to 200
exceed * * * eight (8) years, except when in combination with a 201
Ph.D. program. 202
(2) The State Board of Medical Licensure may issue a 203
temporary license to practice medicine at a youth camp licensed by 204
the State Board of Health to nonresident physicians and retired 205
resident physicians under the provisions of Section 75-74-8. 206
* * * 207
SECTION 6. Section 73-25-18, Mississippi Code of 1972, is 208
amended as follows: 209
73-25-18. (1) (a) There is established a special volunteer 210
medical license for physicians who are retired from active 211
practice, or are currently serving on active duty in the Armed 212
Forces of the United States or in the National Guard or a reserve 213
component of the Armed Forces of the United States, or are working 214
as physicians for the Department of Veterans Affairs, and wish to 215
donate their expertise for the medical care and treatment of 216
indigent and needy persons or persons in medically underserved 217
areas of the state. The special volunteer medical license shall 218
be issued by the State Board of Medical Licensure to eligible 219
physicians without the payment of any application fee, examination 220
fee, license fee or renewal fee, shall be issued for a fiscal year 221
or part thereof, and shall be renewable annually upon approval of 222
the board. 223
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(b) A physician must meet the following requirements to 224
be eligible for a special volunteer medical license: 225
(i) Completion of a special volunteer medical 226
license application, including documentation of the physician's 227
medical school or osteopathic school graduation and practice 228
history; 229
(ii) Documentation that the physician * * * 230
otherwise qualifies for an unrestricted license to practice 231
medicine in Mississippi or in another state of the United States 232
and that he or she has never been the subject of any medical 233
disciplinary action in any jurisdiction; 234
(iii) Acknowledgement and documentation that the 235
physician's practice under the special volunteer medical license 236
will be exclusively and totally devoted to providing medical care 237
to needy and indigent persons in Mississippi or persons in 238
medically underserved areas in Mississippi; and 239
(iv) Acknowledgement and documentation that the 240
physician will not receive any payment or compensation, either 241
direct or indirect, or have the expectation of any payment or 242
compensation, for any medical services rendered under the special 243
volunteer medical license. 244
(2) (a) There is established a special volunteer license 245
for physician assistants who are retired from active practice, or 246
are currently serving on active duty in the Armed Forces of the 247
United States or in the National Guard or a reserve component of 248
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the Armed Forces of the United States, or are working as physician 249
assistants for the Department of Veterans Affairs, and wish to 250
donate their expertise for the care and treatment of indigent and 251
needy persons or persons in medically underserved areas of the 252
state. The special volunteer physician assistant license shall be 253
issued by the State Board of Medical Licensure to eligible 254
physician assistants without the payment of any application fee, 255
examination fee, license fee or renewal fee, shall be issued for a 256
fiscal year or part thereof, and shall be renewable annually upon 257
approval of the board. 258
(b) A physician assistant must meet the following 259
requirements to be eligible for a special volunteer physician 260
assistant license: 261
(i) Completion of an application for a special 262
volunteer physician assistant license, including documentation of 263
the physician assistant's educational qualifications and practice 264
history; 265
(ii) Documentation that the physician 266
assistant * * * otherwise qualifies for an unrestricted physician 267
assistant license in Mississippi or in another state of the United 268
States and that he or she has never been the subject of any 269
disciplinary action in any jurisdiction; 270
(iii) Acknowledgement and documentation that the 271
physician assistant's practice under the special volunteer 272
physician assistant license will be exclusively and totally 273
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devoted to providing care to needy and indigent persons in 274
Mississippi or persons in medically underserved areas in 275
Mississippi; and 276
(iv) Acknowledgement and documentation that the 277
physician assistant will not receive any payment or compensation, 278
either direct or indirect, or have the expectation of any payment 279
or compensation, for any services rendered under the special 280
volunteer physician assistant license. 281
SECTION 7. Section 73-25-21, Mississippi Code of 1972, is 282
amended as follows: 283
73-25-21. * * * The issuance of a license by reciprocity to 284
a military-trained applicant, military spouse or person who 285
establishes residence in this state shall be subject to the 286
provisions of Section 73-50-1 or 73-50-2, as applicable. 287
SECTION 8. Section 73-25-23, Mississippi Code of 1972, is 288
amended as follows: 289
73-25-23. The Mississippi State Board of Medical Licensure 290
is * * * authorized and empowered to grant limited institutional 291
license for the practice of medicine in state institutions to 292
graduates of foreign medical colleges approved by the National 293
Educational Council for Foreign Medical Graduates or its 294
successor, subject to the conditions as set out herein. 295
Any graduate of a foreign medical college approved by the 296
organizations specified in the foregoing paragraph who is employed 297
or is being considered for employment to practice medicine in one 298
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or more Mississippi state-supported institution(s) located in the 299
same county shall make application for license to the Mississippi 300
State Board of Medical Licensure. The application shall be made 301
on a form prescribed by the Board of Medical Licensure as required 302
by laws of the State of Mississippi. The application shall also 303
state the institution or institutions in which the applicant has 304
assurance of employment. The Mississippi State Board of Medical 305
Licensure is hereby authorized to establish minimum standards of 306
qualifications including moral, experience and proficiency for 307
such applicants. * * * Upon review of the application, and upon 308
the satisfaction of all requirements set forth by the board, the 309
board may issue a limited institutional license to practice 310
medicine. 311
* * * 312
Such license shall be for one (1) year and shall be in such 313
form as the Mississippi State Board of Medical Licensure shall 314
prescribe, and shall be issued for practice in a particular 315
institution and shall not be endorsable to another state. The 316
license must be renewed annually, after such review as the 317
Mississippi State Board of Medical Licensure considers necessary. 318
A graduate of a foreign medical school so licensed may hold such 319
limited institutional license no longer than * * * eight (8) 320
years. * * * In addition, the Mississippi State Board of Medical 321
Licensure, in its discretion, may waive the * * * eight-year 322
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limitation on limited institutional licenses for any graduate of a 323
foreign medical school who holds such license. 324
It is the intent of this section to enable Mississippi 325
institutions to utilize the services of qualified graduates of 326
foreign medical colleges during the period necessary for them to 327
secure citizenship papers, and to meet other requirements for a 328
regular license, including Educational Council for Foreign Medical 329
Graduates certification. The Mississippi State Board of Medical 330
Licensure is hereby authorized, in its discretion, to refuse to 331
renew, or to revoke such limited license if the holder of such 332
license * * * fails to apply for a regular license. 333
The Mississippi State Board of Medical Licensure may 334
establish reasonable and uniform license fees and shall make such 335
rules and regulations as it considers necessary to carry out the 336
purposes of this section. 337
* * * 338
SECTION 9. Section 73-25-27, Mississippi Code of 1972, is 339
amended as follows: 340
73-25-27. * * * With respect to any licensee of the 341
Mississippi State Board of Medical Licensure, after notice and 342
opportunity for a hearing to such licensee, the board may take one 343
or more of the actions authorized in Section 73-25-87 for any of 344
the grounds enumerated in Section 73-25-29. The procedure for 345
suspension of a license for being out of compliance with an order 346
for support, and the procedure for the reissuance or reinstatement 347
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of a license suspended for that purpose, and the payment of any 348
fees for the reissuance or reinstatement of a license suspended 349
for that purpose, shall be governed by Section 93-11-157 or 350
93-11-163, as the case may be. If there is any conflict between 351
any provision of Section 93-11-157 or 93-11-163 and any provision 352
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 353
as the case may be, shall control. 354
The notice shall be effected by * * * certified mail, 355
electronic acknowledgment or personal service, or by any means set 356
forth in the federal or state rules of civil procedure, setting 357
forth the particular reasons for the proposed action and fixing a 358
date not less than thirty (30) days * * * from the date of the 359
mailing or the service, at which time the * * * licensee shall be 360
given an opportunity for a prompt and fair hearing. For the 361
purpose of the hearing the board, acting by and through its 362
executive office, may subpoena persons and papers on its own 363
behalf and on behalf of the * * * licensee, including records 364
obtained under Section 73-25-28 and Section 73-25-83(c), may 365
administer oaths and the testimony when properly transcribed, 366
together with the papers and exhibits, shall be admissible in 367
evidence for or against the * * * licensee. At the hearing 368
the * * * licensee may appear by counsel and personally in his own 369
behalf. Any person sworn and examined as a witness in the hearing 370
shall not be held to answer criminally, nor shall any papers or 371
documents produced by the witness be competent evidence in any 372
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criminal proceedings against the witness other than for perjury in 373
delivering his evidence. The board or its designee, in the 374
conduct of any hearing, shall not be bound by strict laws or rules 375
of evidence. The board may adopt rules and discovery and 376
procedure governing all proceedings before it. On the basis of 377
any such hearing, or upon default of the * * * licensee, the board 378
shall make a determination specifying its findings of fact and 379
conclusions of law. The board shall make its determination based 380
upon a preponderance of the evidence. 381
A copy of the determination shall be sent by * * * certified 382
mail, electronic acknowledgement or served personally upon 383
the * * * licensee, or by any means set forth in the federal or 384
state rules of civil procedure. * * * 385
For the purpose of conducting investigations, the * * * 386
executive director, may issue subpoenas to any individual * * * or 387
other entity having in its possession papers, documents, medical 388
charts, prescriptions or any other nonfinancial records. * * * 389
Investigatory subpoenas, as provided in this section, may be 390
served either by personal process or by * * * certified mail, and 391
upon service shall command production of the papers and documents 392
to the board at the time and place so specified. The board shall 393
be entitled to the assistance of the chancery court or the 394
chancellor in vacation, which, on petition by the board, shall 395
issue ancillary subpoenas and petitions and may punish as for 396
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contempt of court in the event of noncompliance with the subpoenas 397
or petitions. 398
In addition to investigatory subpoenas, the board may seek 399
the issuance of Administrative Inspection Warrants, via the 400
issuance and service processes described in Section 41-29-157, for 401
patient records or other information relevant to the 402
investigation. Those warrants may be issued under this section in 403
any investigatory matter involving potential violation(s) of the 404
Medical Practice Act and/or the Administrative Code of the board, 405
regardless as to whether controlled substance violations are the 406
subject of the investigation. Any person or entity who refuses to 407
comply with any warrant duly issued under this section shall be in 408
violation of Section 9-1-17 and shall be subject to all fines and 409
penalties stated in that section. 410
For the purpose of conducting hearings, the board through its 411
executive director may subpoena persons and papers on its own 412
behalf and on behalf of the respondent, including records obtained 413
under Section 73-25-28 and Section 73-25-83(c), may administer 414
oaths, and may compel the testimony of witnesses. * * * It may 415
issue subpoenas to take testimony at hearings, and testimony so 416
taken and sworn to shall be admissible in evidence for and against 417
the respondent. No depositions shall be taken in preparation for 418
matters to be heard by the board. The board shall be entitled to 419
the assistance of the chancery court or the chancellor in 420
vacation, which, on petition by the board, shall issue ancillary 421
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subpoenas and petitions and may punish as for contempt of court in 422
the event of noncompliance with the subpoenas or petitions. 423
Unless the court otherwise decrees, a license that has been 424
suspended by the board * * * shall become again valid if and when 425
the board so orders, which it may do on its own motion or on the 426
petition of the respondent. A license that has been revoked shall 427
not be restored to validity except: (1) by order of the board 428
based on petition for reinstatement filed under Section 73-25-32 429
or (2) by order of the chancery court or Supreme Court following 430
appeal. * * * Nothing in this chapter shall be construed as 431
limiting or revoking the authority of any court or of any 432
licensing or registering officer or board, other than the State 433
Board of Medical Licensure, to suspend, revoke and reinstate 434
licenses and to cancel registrations under the provisions of 435
Section 41-29-311. 436
SECTION 10. Section 73-25-28, Mississippi Code of 1972, is 437
amended as follows: 438
73-25-28. (1) In any case in which disciplinary action 439
against a * * * licensee is being considered by the Mississippi 440
State Board of Medical Licensure, the executive * * * director of 441
the board, or its investigators * * *, upon reasonable cause as 442
defined below, may enter, at a time convenient to all parties, any 443
hospital, clinic, surgical center, office of a * * * licensee or 444
emergency care facility to inspect and copy patient records, 445
charts, emergency room records or any other document which would 446
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assist the board in its investigation of a * * * licensee. 447
Reasonable cause shall be demonstrated by allegations of 448
violations of state law or the Administrative Code, including one 449
or more of the following: (a) a single incident of gross 450
negligence; (b) a pattern of inappropriate prescribing of 451
controlled substances; (c) an act of incompetence or negligence 452
causing death or serious bodily injury; (d) a pattern of 453
substandard medical care; (e) a pattern of unnecessary surgery or 454
unindicated medical procedures; (f) disciplinary action taken 455
against a physician or podiatrist by a licensed hospital or by the 456
medical staff of the hospital; (g) voluntary termination by a 457
physician or podiatrist of staff privileges or having restrictions 458
placed thereon; or (h) habitual personal use of narcotic drugs or 459
other drugs having addiction-forming or addiction-sustaining 460
liability, or the habitual personal use of intoxicating liquors or 461
alcoholic beverages, to an extent which affects professional 462
competency. Whether reasonable cause exists shall be determined 463
by the executive * * * director and/or executive committee of the 464
board, and documentation of that determination shall be provided 465
to the hospital, clinic, office or emergency care facility before 466
entry for inspection and copying hereunder. 467
(2) A certified copy of any record inspected or copied 468
pursuant to subsection (1) shall be subject to subpoena by the 469
board to be used as evidence before it in a licensure disciplinary 470
proceeding initiated pursuant to the provisions of Sections 471
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73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 472
through 73-25-95 and 73-27-1 through 73-27-19, Mississippi Code of 473
1972. All references to a patient's name and address or other 474
information which would identify the patient shall be deleted from 475
the records unless a waiver of the medical privilege is obtained 476
from the patient. 477
(3) All records of the investigation and all patient charts, 478
records, emergency room records or any other document that may 479
have been copied shall be kept confidential and shall not be 480
subject to discovery or subpoena. If no disciplinary proceedings 481
are initiated within a period of five (5) years after the 482
determination of insufficient cause, then the board shall destroy 483
all records obtained pursuant to this section. 484
(4) Notwithstanding any right to privacy, confidentiality, 485
privilege or exemption from public access conferred by this 486
section, Section 73-52-1, or otherwise by statute or at law, the 487
board shall provide to any hospital, as defined in Section 41-9-3, 488
any and all information it may have concerning any physician who 489
has applied for a license, other than information contained in 490
records exempt from the provisions of the Mississippi Public 491
Records Act of 1983 pursuant to Sections 45-29-1 and 45-29-3, 492
Mississippi Code of 1972, upon receipt by the board of a written 493
request from the hospital for such information and documentation 494
that the physician has applied for appointment or reappointment to 495
the medical staff of the hospital or staff privileges at the 496
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hospital. The board, any member of the board, and its agents or 497
employees, acting without malice in providing the documents or 498
information hereunder, shall be immune from civil or criminal 499
liability. 500
SECTION 11. Section 73-25-29, Mississippi Code of 1972, is 501
amended as follows: 502
73-25-29. The grounds for the nonissuance, suspension, 503
revocation or restriction of a license or the denial of 504
reinstatement or renewal of a license are: 505
(1) Habitual personal use of narcotic drugs, or any 506
other drug having addiction-forming or addiction-sustaining 507
liability. 508
(2) Habitual use of intoxicating liquors, or any 509
beverage, to an extent which affects professional competency. 510
(3) Administering, dispensing or prescribing any 511
narcotic drug, or any other drug having addiction-forming or 512
addiction-sustaining liability otherwise than in the course of 513
legitimate professional practice. 514
(4) Conviction of violation of any federal or state law 515
regulating the possession, distribution or use of any narcotic 516
drug or any drug considered a controlled substance under state or 517
federal law, a certified copy of the conviction order or judgment 518
rendered by the trial court being prima facie evidence thereof, 519
notwithstanding the pendency of any appeal. 520
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(5) Procuring, or attempting to procure, or aiding in, 521
an abortion that is not medically indicated. 522
(6) Conviction of a felony or misdemeanor involving 523
moral turpitude, a certified copy of the conviction order or 524
judgment rendered by the trial court being prima facie evidence 525
thereof, notwithstanding the pendency of any appeal. 526
(7) Obtaining or attempting to obtain a license by 527
fraud or deception. 528
(8) Unprofessional conduct, which includes, but is not 529
limited to: 530
(a) Practicing medicine under a false or assumed 531
name or impersonating another practitioner, living or dead. 532
(b) Knowingly performing any act which in any way 533
assists an unlicensed person to practice medicine. 534
(c) Making or willfully causing to be made any 535
flamboyant claims concerning the licensee's professional 536
excellence. 537
(d) Being guilty of any dishonorable or unethical 538
conduct likely to impair patient care, or deceive, defraud or harm 539
the public. 540
(e) Obtaining a fee as personal compensation or 541
gain from a person on fraudulent representation of a disease or 542
injury condition generally considered incurable by competent 543
medical authority in the light of current scientific knowledge and 544
practice can be cured or offering, undertaking, attempting or 545
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agreeing to cure or treat the same by a secret method, which he 546
refuses to divulge to the board upon request. 547
(f) Use of any false, fraudulent or forged 548
statement or document, or the use of any fraudulent, deceitful, 549
dishonest or immoral practice in connection with any of the 550
licensing requirements, including the signing in his professional 551
capacity any certificate that is known to be false at the time he 552
makes or signs such certificate. 553
(g) Failing to identify a physician's school of 554
practice in all professional uses of his name by use of his earned 555
degree or a description of his school of practice. 556
(h) When a licensee makes, or knowingly permits 557
any person to make, an agreement with a patient or person, or any 558
person or entity representing patients or persons, or provides any 559
form of consideration that would prohibit, restrict, discourage or 560
otherwise limit a person's ability to file a complaint with the 561
board; to truthfully and fully answer any questions posed by an 562
agent or representative of the board; or to participate as a 563
witness in a board proceeding. 564
(9) The refusal of a licensing authority of another 565
state or jurisdiction to issue or renew a license, permit or 566
certificate to practice medicine in that jurisdiction or the 567
revocation, suspension or other restriction imposed on a license, 568
permit or certificate issued by such licensing authority which 569
prevents or restricts practice in that jurisdiction, a certified 570
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copy of the disciplinary order or action taken by the other state 571
or jurisdiction being prima facie evidence thereof, 572
notwithstanding the pendency of any appeal. 573
(10) Surrender of a license or authorization to 574
practice medicine in another state or jurisdiction or surrender of 575
membership on any medical staff or in any medical or professional 576
association or society while under disciplinary investigation by 577
any of those authorities or bodies for acts or conduct similar to 578
acts or conduct which would constitute grounds for action as 579
defined in this section. 580
(11) Final sanctions imposed by the United States 581
Department of Health and Human Services, Office of Inspector 582
General or any successor federal agency or office, based upon a 583
finding of incompetency, gross misconduct or failure to meet 584
professionally recognized standards of health care; a certified 585
copy of the notice of final sanction being prima facie evidence 586
thereof. As used in this paragraph, the term "final sanction" 587
means the written notice to a physician from the United States 588
Department of Health and Human Services, Officer of Inspector 589
General or any successor federal agency or office, which 590
implements the exclusion. 591
(12) Failure to furnish the board, its investigators or 592
representatives information legally requested by the board. 593
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(13) Violation of any provision(s) of the Medical 594
Practice Act or the rules and regulations of the board or of any 595
order, stipulation or agreement with the board. 596
(14) Violation(s) of the provisions of Sections 597
41-121-1 through 41-121-9 relating to deceptive advertisement by 598
health care practitioners. 599
(15) Performing or inducing an abortion on a woman in 600
violation of any provision of Sections 41-41-131 through 601
41-41-145. 602
(16) Performing an abortion on a pregnant woman after 603
determining that the unborn human individual that the pregnant 604
woman is carrying has a detectable fetal heartbeat as provided in 605
Section 41-41-34.1. 606
(17) Violation(s) of any provision of Title 41, Chapter 607
141, Mississippi Code of 1972. 608
In addition to the grounds specified above, the board shall 609
be authorized to suspend the license of any licensee for being out 610
of compliance with an order for support, as defined in Section 611
93-11-153. The procedure for suspension of a license for being 612
out of compliance with an order for support, and the procedure for 613
the reissuance or reinstatement of a license suspended for that 614
purpose, and the payment of any fees for the reissuance or 615
reinstatement of a license suspended for that purpose, shall be 616
governed by Section 93-11-157 or 93-11-163, as the case may be. 617
If there is any conflict between any provision of Section 618
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93-11-157 or 93-11-163 and any provision of this chapter, the 619
provisions of Section 93-11-157 or 93-11-163, as the case may be, 620
shall control. 621
A physician who provides a written certification as 622
authorized under the Mississippi Medical Cannabis Act and in 623
compliance with rules and regulations adopted thereunder shall not 624
be subject to any disciplinary action under this section solely 625
due to providing the written certification. 626
SECTION 12. Section 73-25-30, Mississippi Code of 1972, is 627
amended as follows: 628
73-25-30. (1) The Mississippi State Board of Medical 629
Licensure, in exercising its authority under the provisions of 630
Section 73-25-29, shall have the power to discipline the holder of 631
a license who has been found by the board in violation of that 632
statute after notice and a hearing as provided by law * * *. 633
(2) Upon the execution of a disciplinary order by the board, 634
either following a hearing or in lieu of a hearing, the 635
board * * * may assess the licensee for those reasonable costs 636
that are expended by the board in the investigation and conduct of 637
a proceeding for licensure disciplinary action including, but not 638
limited to, the cost of process service, court reporters, witness 639
fees, expert witnesses, investigators, and other related expenses. 640
Money collected by the board under this section shall be deposited 641
to the credit of the special fund of the board to reimburse the 642
existing current year appropriated budget. 643
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(3) An assessment of costs under this section shall be paid 644
to the board by the licensee, upon the expiration of the period 645
allowed for appeals under Section 73-25-27, or may be paid sooner 646
if the licensee elects. Cost assessed under this section shall 647
not exceed * * * Twenty-Five Thousand Dollars ($25,000.00). 648
(4) When an assessment of costs by the board against a 649
licensee in accordance with this section is not paid by the 650
licensee when due under this section, the licensee shall be 651
prohibited from practicing medicine until the full amount is paid. 652
In addition, the board may institute and maintain proceedings in 653
its name for enforcement of payment in the Chancery Court of the 654
First Judicial District of Hinds County. When those proceedings 655
are instituted, the board shall certify the record of its 656
proceedings, together with all documents and evidence, to the 657
chancery court. The matter shall be heard in due course by the 658
court, which shall review the record and make its determination 659
thereon. The hearing on the matter, in the discretion of the 660
chancellor, may be tried in vacation. 661
SECTION 13. Section 73-25-31, Mississippi Code of 1972, is 662
amended as follows: 663
73-25-31. Every order and judgment of the board shall take 664
effect immediately on its promulgation unless the board in such 665
order or judgment fixes a probationary period for * * * licensee. 666
Such order and judgment shall continue in effect unless upon 667
appeal the court by proper order or decree terminates it earlier. 668
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The board may make public its orders and judgments in such manner 669
and form as it deems proper. * * * Any decision of the board must 670
be appealed to the chancery court under the provisions of this 671
section within thirty (30) days after being so mailed or served. 672
The appeal period may not be extended. The appeal to the chancery 673
court shall be based solely on the record made before the board. 674
A transcript of the proceedings and evidence, together with 675
exhibits presented at the hearing before the board in the event of 676
appeal, shall be a part of the record before the chancery court. 677
The chancery court shall dispose of the appeal and enter its 678
decision promptly. The hearing on the appeal may, in the 679
discretion of the chancellor, be tried in vacation. Appeals may 680
be taken to the Supreme Court of the State of Mississippi as 681
provided by law from any final action of the chancery court. No 682
such person shall be allowed to practice medicine in violation of 683
any action of the chancery court affirming, in whole or in part, 684
the determination of the board while any such appeal to the 685
Supreme Court is pending. 686
SECTION 14. Section 73-25-32, Mississippi Code of 1972, is 687
amended as follows: 688
73-25-32. (1) A person whose license to practice * * * has 689
been * * * suspended or previously surrendered may petition the 690
Mississippi State Board of Medical Licensure to reinstate this 691
license after a period of not less than one (1) year has elapsed 692
from the date of the * * * suspension or surrender. A person 693
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whose license to practice has been revoked may petition the board 694
to reinstate his or her license after a period of not less than 695
three (3) years, but not greater than five (5) years, has elapsed 696
from the date of the revocation. The procedure for the 697
reinstatement of a license that is suspended for being out of 698
compliance with an order for support, as defined in Section 699
93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as 700
the case may be. 701
(2) * * * The petition may be heard at the next regular 702
meeting of the Board of Medical Licensure but not earlier than 703
thirty (30) days after the petition was filed. No petition shall 704
be considered while the petitioner is under sentence for any 705
criminal offense, including any period during which he is under 706
probation or parole. The hearing may be continued from time to 707
time as the Board of Medical Licensure finds necessary. 708
(3) In determining whether the disciplinary penalty should 709
be set aside and the terms and conditions, if any, that should be 710
imposed if the disciplinary penalty is set aside, the Mississippi 711
State Board of Medical Licensure may investigate and consider all 712
activities of the petitioner since the disciplinary action was 713
taken * * *, the offense for which he was disciplined, his 714
activity during the time * * * the petitioner was in good 715
standing, his general reputation for truth, professional ability 716
and good character; and * * * require the petitioner to * * * 717
submit to a professional competency evaluation. 718
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(4) The investigation shall require the petitioner to 719
undergo a fingerprint-based criminal history records check of the 720
Mississippi central criminal database and the Federal Bureau of 721
Investigation criminal history database. Each petitioner shall 722
submit a full set of the petitioner's fingerprints in a form and 723
manner prescribed by the board, which shall be forwarded to the 724
Mississippi Department of Public Safety (department) and the 725
Federal Bureau of Investigation Identification Division for this 726
purpose. 727
Any and all state or national criminal history records 728
information obtained by the board that is not already a matter of 729
public record shall be deemed nonpublic and confidential 730
information restricted to the exclusive use of the board, its 731
members, officers, investigators, agents and attorneys in 732
evaluating the applicant's eligibility or disqualification for 733
licensure, and shall be exempt from the Mississippi Public Records 734
Act of 1983. Except when introduced into evidence in a hearing 735
before the board to determine licensure, no such information or 736
records related thereto shall, except with the written consent of 737
the applicant or by order of a court of competent jurisdiction, be 738
released or otherwise disclosed by the board to any other person 739
or agency. 740
The board shall provide to the department the fingerprints of 741
the petitioner, any additional information that may be required by 742
the department, and a form signed by the petitioner consenting to 743
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the check of the criminal records and to the use of the 744
fingerprints and other identifying information required by the 745
state or national repositories. 746
The board shall charge and collect from the petitioner, in 747
addition to all other applicable fees and costs, such amount as 748
may be incurred by the board in requesting and obtaining state and 749
national criminal history records information on the applicant. 750
* * * 751
SECTION 15. Section 73-25-33, Mississippi Code of 1972, is 752
amended as follows: 753
73-25-33. (1) The practice of medicine shall mean * * * one 754
or more of the following, provided that nothing in this chapter 755
shall be construed to limit duly licensed health care 756
professionals from providing medical services within the scope of 757
their authorizing license: 758
(a) Holding oneself out to the public within this state 759
as being able to diagnose, treat, prescribe for, palliate or 760
prevent any human disease, ailment, injury, deformity or physical 761
or mental condition, whether by the use of drugs, surgery, 762
manipulation, technology or any physical, mechanical or other 763
means whatsoever; 764
(b) Suggesting, recommending, prescribing, or 765
administering any form of treatment, operation, or healing for the 766
intended palliation, relief or cure of any physical or mental 767
disease, ailment, injury, condition or defect of any person, with 768
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or without the intention of receiving, either directly or 769
indirectly, any fee, gift or compensation; 770
(c) Maintaining an office or other place to meet 771
persons or patients for the purpose of examining or treating 772
persons afflicted with disease, injury, defect of the body or mind 773
or other condition for which treatment is sought; 774
(d) Using the title "M.D.," "D.O.," "physician," 775
"surgeon," or any other word or abbreviation to indicate or induce 776
others to believe that one is engaged in the diagnosis or 777
treatment of persons afflicted with disease, injury, defect of the 778
body or mind or other conditions for which treatment is sought; or 779
(e) Performing any kind of surgical operation upon 780
another person. 781
(2) Nothing herein shall be construed to prohibit, sanction, 782
or to require a license with respect to any of the following: 783
The practice of the following doctors as defined by the laws 784
of this state. Furthermore, this chapter is not intended to 785
limit, restrict, enlarge or alter the medical and/or surgical 786
privileges and practice of the following professions as provided 787
by the laws of this state: 788
(a) Dentistry (DDS or DMD); 789
(b) Optometry (OD); 790
(c) Chiropractic (DC); or 791
(d) Veterinarian (DVM or (VDM). 792
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(3) Nothing herein shall be construed to prohibit, sanction 793
or punish licensed nurses, nurse practitioners or advanced 794
practice nurses who are practicing within their scope of practice. 795
( * * *4) The practice of medicine shall not mean to provide 796
gender transition procedures for any person under eighteen (18) 797
years of age * * *. 798
( * * *5) For purposes of this section, "gender transition 799
procedures" means the same as defined in Section 41-141-3. 800
(6) The board may, for the purposes of this chapter, issue 801
cease and desist orders to any person(s) it has probable cause to 802
believe is practicing medicine without first obtaining a license. 803
Thereafter, and in addition to any other civil remedy or criminal 804
penalty provided for by law, or in lieu thereof, the board shall 805
be authorized to seek injunctive relief and/or imposition of civil 806
penalties against the unlawful practice of medicine, provided that 807
the venue for any such action shall be the Chancery Court for the 808
First Judicial District of Hinds County. Civil penalties from 809
such actions shall be no less than One Thousand Dollars 810
($1,000.00) and no more than Twenty-Five Thousand Dollars 811
($25,000.00) for each offense. The court may also award the 812
prevailing party court costs and reasonable attorney fees and, if 813
the board prevails, may also award reasonable costs of 814
investigation and prosecution. 815
Any monetary penalty or assessment levied against an illegal 816
practitioner under this section shall be paid to the state upon 817
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the expiration of the period allowed for appealing those 818
penalties, or may be paid sooner if the illegal practitioner so 819
chooses. Monetary penalties collected by the court under this 820
section shall be deposited to the credit of the General Fund. Any 821
monies collected for investigation and prosecution by the board 822
shall be deposited into the special fund of the board. 823
SECTION 16. Section 73-25-34, Mississippi Code of 1972, is 824
amended as follows: 825
73-25-34. (1) For the purposes of this section, 826
telemedicine, or the practice of medicine across state lines, 827
shall be defined to include any one or both of the following: 828
(a) Rendering of a medical opinion concerning diagnosis 829
or treatment of a patient within this state by a physician located 830
outside this state as a result of transmission of individual 831
patient data by electronic or other means from within this state 832
to such physician or his agent; or 833
(b) The rendering of treatment to a patient within this 834
state by a physician located outside this state as a result of 835
transmission of individual patient data by electronic or other 836
means from within this state to such physician or his agent. 837
(2) Except as hereinafter provided, no person shall engage 838
in the practice of medicine across state lines (telemedicine) in 839
this state, hold himself out as qualified to do the same, or use 840
any title, word or abbreviation to indicate to or induce others to 841
believe that he is duly licensed to practice medicine across state 842
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lines in this state unless he has first obtained a license to do 843
so from the State Board of Medical Licensure and has met all 844
educational and licensure requirements as determined by the State 845
Board of Medical Licensure. 846
* * * 847
SECTION 17. Section 73-25-53, Mississippi Code of 1972, is 848
amended as follows: 849
73-25-53. * * * Any person holding a professional license 850
from the Mississippi State Board of Medical Licensure shall be 851
subject to restriction, suspension or revocation, as hereinafter 852
provided, in case of inability of the licensee to practice 853
medicine with reasonable skill or safety to patients by reason of 854
one or more of the following: 855
(a) Mental illness; 856
(b) Physical illness, including, but not limited to, 857
deterioration through the aging process, or loss of motor skill; 858
(c) Excessive use or abuse of drugs, including 859
alcohol * * *; and 860
(d) Behavioral conduct that could be addressed by 861
treatment. 862
SECTION 18. Section 73-25-55, Mississippi Code of 1972, is 863
amended as follows: 864
73-25-55. (1) If the State Board Of Medical Licensure has 865
reasonable cause to believe that a * * * licensee is unable to 866
practice medicine with reasonable skill and safety to patients 867
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because of a condition described in Section 73-25-53, * * * the 868
board * * * shall cause an examination of such * * * licensee to 869
be made as described in subsection (2) of this section and shall, 870
following such examination, take appropriate action within the 871
provisions of Sections 73-25-51 through 73-25-67. 872
(2) Examination of a * * * licensee under this section shall 873
be conducted by an examining committee. * * * The members of the 874
examining committee shall be designated by the Medical Director of 875
the Mississippi Physician Health Program (MPHP), and shall include 876
three (3) practicing physicians and at least one (1) psychiatrist 877
if a question of mental illness is involved. 878
SECTION 19. Section 73-25-57, Mississippi Code of 1972, is 879
amended as follows: 880
73-25-57. (1) The examining committee assigned to examine a 881
physician pursuant to referral by the board under Section 73-25-55 882
shall conduct an examination of such * * * licensee for the 883
purpose of determining the * * * licensee's fitness to practice 884
medicine with reasonable skill and safety to patients, either on a 885
restricted or unrestricted basis, and shall report its findings 886
and recommendations to the board. The committee shall order 887
the * * * licensee to appear before the committee for examination 888
and give him ten (10) days' notice of time and place of the 889
examination, together with a statement of the cause for such 890
examination. Such notice shall be served upon the * * * licensee 891
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either personally or by registered or certified mail with return 892
receipt requested. 893
(2) If the examining committee, in its discretion, should 894
deem an independent mental or physical examination of the * * * 895
licensee necessary to its determination of the fitness of 896
the * * * licensee to practice, the committee shall order 897
the * * * licensee to submit to such examination. Any person 898
licensed to practice medicine in this state shall be deemed to 899
have waived all objections to the admissibility of the examining 900
committee's report in any proceedings before the board under 901
Sections 73-25-51 through 73-25-67 on the grounds of privileged 902
communication. Any * * * licensee ordered to an examination 903
before the committee under subsection (2) shall be entitled to an 904
independent mental or physical examination if * * * the licensee 905
makes request therefor. 906
(3) Any * * * licensee who submits to a diagnostic mental or 907
physical examination as ordered by the examining committee shall 908
have a right to designate another physician to be present at the 909
examination and make an independent report to the board. 910
(4) Failure of a * * * licensee to comply with a committee 911
order under subsection (2) to appear before it for examination or 912
to submit to mental or physical examination under this section or 913
upon the withdrawal of advocacy by the Mississippi Physician 914
Health Program (MPHP) or successor entity, shall be reported by 915
the committee or MPHP to the board, and unless due to 916
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circumstances beyond the control of the * * * licensee, shall be 917
grounds for suspension by the board of the * * * licensee's 918
license to practice medicine in this state until such time as 919
such * * * licensee has complied with the order of the committee, 920
or regained advocacy from MPHP. 921
(5) The examining committee may inspect patient records in 922
accordance with the provisions of Section 73-25-28. 923
(6) All patient records, investigative reports and other 924
documents in possession of the board and examining committee shall 925
be deemed confidential and not subject to subpoena or disclosure 926
unless so ordered by the court from which the subpoena issued, but 927
the court, in its discretion, may limit use or disclosure of such 928
records. Notwithstanding, and to encourage the prompt reporting 929
of disabled practitioners, neither the board nor examining 930
committee shall reveal the identity of any source of information 931
where the source has requested anonymity. 932
SECTION 20. Section 73-25-59, Mississippi Code of 1972, is 933
amended as follows: 934
73-25-59. A * * * licensee may request in writing to the 935
board a restriction of his or her license to practice * * *. The 936
board may grant such request for restriction and shall have 937
authority, if it deems appropriate, to attach conditions to the 938
licensure * * * within specified limitations, and waive the 939
commencement of any proceeding under Section 73-25-63. Removal of 940
a voluntary restriction on licensure to practice medicine shall be 941
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subject to the procedure for reinstatement of license in Section 942
73-25-65. 943
SECTION 21. Section 73-25-61, Mississippi Code of 1972, is 944
amended as follows: 945
73-25-61. (1) The examining committee shall report to the 946
board its findings on the examination of the * * * licensee under 947
Section 73-25-57, the determination of the committee as to the 948
fitness of the * * * licensee to engage in the practice of 949
medicine with reasonable skill and safety to patients, either on a 950
restricted or unrestricted basis, and any management that the 951
committee may recommend. Such recommendation by the committee 952
shall be advisory only and shall not be binding on the board. 953
(2) The board may accept or reject the recommendation of the 954
examining committee to permit a * * * licensee to continue to 955
practice with or without any restriction on his or her license to 956
practice medicine, or may refer the matter back to the examining 957
committee for further examination and report thereon. 958
(3) In the absence of a voluntary agreement by a * * * 959
licensee under Section 73-25-59 * * *, any * * * licensee shall be 960
entitled to a hearing in formal proceedings before the board and a 961
determination on the evidence as to whether or not restriction, 962
suspension or revocation of licensure shall be imposed. 963
SECTION 22. Section 73-25-63, Mississippi Code of 1972, is 964
amended as follows: 965
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73-25-63. (1) The board may proceed against a * * * 966
licensee under Sections 73-25-51 through 73-25-67 by serving upon 967
such physician at least fifteen (15) days' notice of a time and 968
place fixed for a hearing, together with copies of the examining 969
committee's report and diagnosis, or a copy of the official notice 970
from MPHP withdrawing advocacy. Such notice and reports shall be 971
served upon the * * * licensee either personally or by * * * 972
certified mail with return receipt requested or by electronic 973
acknowledgement. 974
(2) At said hearing the * * * licensee shall have the right 975
to be present, to be represented by counsel, to produce witnesses 976
or evidence in his or her behalf, to cross-examine witnesses, and 977
to have subpoenas issued by the board. 978
(3) At the conclusion of the hearing, the board shall make a 979
determination of the merits and may issue an order imposing one or 980
more of the following: 981
(a) Make a recommendation that the * * * licensee 982
submit to the care, counseling or treatment by physicians 983
acceptable to the board * * *; 984
(b) Suspend or restrict the license of the * * * 985
licensee to practice medicine for the duration of his or her 986
impairment * * *; or 987
(c) Revoke the license of the * * * licensee to 988
practice medicine. 989
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(4) The board may temporarily suspend the license of 990
any * * * licensee without a hearing, simultaneously with the 991
institution of proceedings for a hearing under this section, if it 992
finds that the evidence * * * is clear, competent and unequivocal 993
and that his or her continuation in practice would constitute an 994
imminent danger to public health and safety. 995
(5) Neither the record of the proceedings nor any order 996
entered against a * * * licensee may be used against him or her in 997
any other legal proceedings except upon judicial review as 998
provided herein. 999
SECTION 23. Section 73-25-65, Mississippi Code of 1972, is 1000
amended as follows: 1001
73-25-65. (1) A * * * licensee whose licensure has been 1002
restricted, suspended or revoked under Sections 73-25-51 through 1003
73-25-67, voluntarily or by action of the board, shall have a 1004
right, at reasonable intervals, to petition for reinstatement of 1005
his or her license and to demonstrate that he or she can resume 1006
the competent practice of medicine with reasonable skill and 1007
safety to patients. Such petition shall be made in writing and on 1008
a form prescribed by the board. Action of the board on such 1009
petition shall be initiated by referral to and examination by the 1010
examining committee pursuant to the provisions of Sections 1011
73-25-55 and 73-25-57. The board may, upon written recommendation 1012
of the examining committee, restore the licensure of the * * * 1013
licensee on a general or limited basis or institute a proceeding 1014
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pursuant to Section 73-25-63 for the determination of the fitness 1015
of the * * * licensee to resume his or her practice. 1016
(2) All orders of the board entered under Section 1017
73-25-63(3), (4) shall be subject to judicial review by appeal to 1018
the chancery court of the county of the residence of the * * * 1019
licensee involved against whom the order is rendered, within 1020
twenty (20) days following the date of entry of the order, said 1021
appeal to be taken and perfected in the same manner as appeals 1022
from orders of boards of supervisors. 1023
SECTION 24. Section 73-25-83, Mississippi Code of 1972, is 1024
amended as follows: 1025
73-25-83. The board shall have authority to deny an 1026
application for licensure or other authorization to practice 1027
medicine in this state and to discipline a physician licensed or 1028
otherwise lawfully practicing within this state who, after a 1029
hearing, has been adjudged by the board as unqualified due to one 1030
or more of the following reasons: 1031
(a) Unprofessional conduct as defined in the physician 1032
licensure and disciplinary laws, pursuant to Section 73-25-29; 1033
(b) Professional incompetency in the practice of 1034
medicine or surgery; or 1035
(c) Having disciplinary action taken by his peers 1036
within any professional medical association or society, whether 1037
any such association or society is local, regional, state or 1038
national in scope, or being disciplined by a * * * hospital or 1039
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medical staff of said hospital, or the voluntary surrender or 1040
restriction of hospital staff privileges while an investigation or 1041
disciplinary proceeding is being conducted by a licensed hospital 1042
or medical staff or medical staff committee of said hospital. 1043
Provided further, anybody taking action as set forth in this 1044
paragraph shall report such action to the board within thirty (30) 1045
days of its occurrence. 1046
SECTION 25. Section 73-25-87, Mississippi Code of 1972, is 1047
amended as follows: 1048
73-25-87. (1) Whenever the board finds any person 1049
unqualified because of any of the grounds set forth in this act, 1050
or in violation of any the grounds set forth in Section 73-25-83, 1051
it may enter an order imposing one or more of the following: 1052
(a) Deny * * * an application for a license or other 1053
authorization to practice medicine; 1054
(b) Administer a public or private reprimand; 1055
(c) Suspend, limit or restrict * * * a license or other 1056
authorization to practice medicine for up to five (5) years, 1057
including limiting the practice of such person to, or by the 1058
exclusion of, one or more specified branches of medicine, 1059
including limitation on hospital privileges; 1060
(d) Revoke * * * a license or other authorization to 1061
practice medicine; 1062
(e) Require * * * a licensee to submit to care, 1063
counseling or treatment by physicians designated by the board, as 1064
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a condition for initial, continued or renewal of licensure or 1065
other authorization to practice medicine; 1066
(f) Require * * * a licensee to participate in a 1067
program of education prescribed by the board; * * * 1068
(g) Require * * * a licensee to practice under the 1069
direction of a physician designated by the board for a specified 1070
period of time * * *; 1071
(h) Place a licensee on probation, the terms of which 1072
may be set by the board; 1073
(i) In lieu of suspension, impose a punitive fine not 1074
to exceed Twenty-five Thousand Dollars ($25,000.00) per offense, 1075
with the cumulative total of all fines imposed not to exceed One 1076
Hundred Thousand Dollars ($100,000.00). All fines collected under 1077
this provision shall be deposited into the State General Fund; or 1078
(j) Take any other action which the board deems 1079
necessary. 1080
(2) By July 1, 2027, the board shall create and implement a 1081
penalty matrix in its rules and regulations to guide the board's 1082
decisions for appropriate penalties for violations, and which 1083
shall be available to the public. For purposes of this 1084
subsection, a penalty matrix shall be guidelines that recommend 1085
specific disciplinary actions based on a weighing of specific 1086
violations and the mitigating factors of a case, such as the 1087
severity of violations, disciplinary history of the respondent 1088
licensee, and degree of patient injury, if applicable, and seek to 1089
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create more consistent and predictable outcomes to disciplinary 1090
hearings. 1091
SECTION 26. Section 73-25-89, Mississippi Code of 1972, is 1092
amended as follows: 1093
73-25-89. If the board determines that evidence in its 1094
possession indicates that a physician's continuation in practice 1095
or unrestricted practice would constitute an immediate danger to 1096
the public, the board may take any of the same actions on a 1097
temporary basis, without a hearing, which it could otherwise take 1098
under Sections 73-25-81 through 73-25-95 following a hearing, 1099
provided proceedings for a hearing before the board are initiated 1100
simultaneously with such temporary action without a hearing. 1101
Provided, further, that in the event of such temporary action 1102
without a hearing, a hearing must be held within * * * thirty (30) 1103
days of such action. 1104
SECTION 27. Section 73-43-3, Mississippi Code of 1972, is 1105
amended as follows: 1106
73-43-3. (1) The State Board of Medical Licensure shall 1107
consist of nine (9) physicians. Each of the physicians shall have 1108
graduated from a medical school which has been accredited by the 1109
liaison committee on medical education as sponsored by the 1110
American Medical Association and the Association of American 1111
Medical Colleges or from an osteopathic medical school which has 1112
been accredited by the Bureau of Professional Education of the 1113
American Osteopathic Association, and have at least six (6) years' 1114
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experience in the practice of medicine. No more than two (2) 1115
members of the board shall be a member of the faculty of the 1116
University of Mississippi School of Medicine. No more than four 1117
(4) members of the board shall be from the same Mississippi 1118
Supreme Court district. 1119
(2) Three (3) physicians shall be nominated to the Governor 1120
for each appointive position by the Mississippi State Medical 1121
Association; and said nominations shall give due regard to 1122
geographic distribution, race and sex. The Governor shall appoint 1123
from said nominations the members of the board with the advice and 1124
consent of the Senate, but may also select nominees who are not 1125
nominated by the Mississippi State Medical Association and satisfy 1126
the requirements of this section. The original appointments of 1127
the board shall be made no later than June 30, 1980, for terms to 1128
begin on July 1, 1980. The Governor shall designate the initial 1129
terms of the members as follows: three (3) members shall be 1130
appointed for a term which expires July 1, 1982, three (3) members 1131
shall be appointed for a term which expires July 1, 1984, and 1132
three (3) members shall be appointed for a term which expires July 1133
1, 1986. Thereafter, all succeeding appointments shall be for 1134
terms of six (6) years from the expiration of the previous term. 1135
Vacancies in office shall be filled by appointment of the Governor 1136
in the same manner as the appointment to the position which 1137
becomes vacant, subject to the advice and consent of the Senate at 1138
the next regular session of the Legislature. 1139
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(3) In addition to the physician board members, there shall 1140
be three (3) members appointed by the Governor, with the advice 1141
and consent of the Senate, who shall be members of the public not 1142
related to the healthcare industry. No more than one (1) consumer 1143
member shall be from each Supreme Court District as they currently 1144
exist. The initial term of office for the member appointed from 1145
the First Supreme Court District shall be two (2) years and 1146
thereafter shall be six (6) years; the initial term of office for 1147
the member appointed from the Second Supreme Court District shall 1148
be three (3) years and thereafter shall be six (6) years; and the 1149
initial term of office for the member appointed from the Third 1150
Supreme Court District shall be four (4) years and thereafter 1151
shall be six (6) years. 1152
SECTION 28. The following shall be codified as Section 1153
73-43-19, Mississippi Code of 1972: 1154
73-43-19. The Mississippi State Board of Medical Licensure 1155
shall be provided with annual performance statistics from the 1156
Mississippi Physician's Health Program or its successor entity, 1157
which shall be available to the board and the public. These 1158
statistics shall not include information that constitutes 1159
personally identifiable information or protected health 1160
information of program participants, but instead shall include 1161
general statistics that can be used to evaluate the program's 1162
effectiveness. The Mississippi State Board of Medical Licensure 1163
shall have the authority to request and, if necessary, conduct 1164
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performance audits of any additional information the board deems 1165
appropriate, which shall also be made public as long as the 1166
information does not include personal identifiable information or 1167
protected health information of program participants. 1168
SECTION 29. Sections 73-25-7, 73-25-9, 73-25-15, 73-25-19, 1169
73-25-25, 73-25-39, and 73-25-81, which relate to the regulation 1170
of the practice of medicine in the State of Mississippi, shall 1171
stand repealed from and after July 1, 2026. 1172
SECTION 30. The following shall be codified as Section 1173
73-44-1, Mississippi Code of 1972: 1174
73-44-1. The Legislature finds that: 1175
(a) There is a growing complexity in health professions 1176
that can lead to an overlap in the purview of existing licensed 1177
professions; 1178
(b) The Legislature is often called upon to make 1179
decisions about issues related to the scope of professional 1180
practice for multiple regulated health professions; and 1181
(c) A source of sound policy guidance will provide the 1182
Legislature with meaningful assistance in addressing these issues. 1183
SECTION 31. The following shall be codified as Section 1184
73-44-3, Mississippi Code of 1972: 1185
73-44-3. (1) For purposes of this chapter, unless the 1186
context clearly requires otherwise, "board" shall mean the State 1187
Board of Health Professions, which is hereby created. The board 1188
shall consist of one (1) member from each of the following: 1189
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(a) The State Board of Medical Licensure; 1190
(b) The State Board of Pharmacy; 1191
(c) The Board of Nursing; 1192
(d) The Board of Chiropractors; 1193
(e) The Board of Dental Examiners; and 1194
(f) The Board of Optometry. 1195
(2) All members described in subsection (1) of this section 1196
shall be appointed by the Governor with the advice and consent of 1197
the Senate. Terms shall be for four (4) years and until a 1198
successor appointee is duly qualified. Terms shall commence on 1199
July 1 and end on June 30. 1200
(3) In addition to the members set out in subsection (1) of 1201
this section, there shall be five (5) members to be appointed by 1202
the Governor from the state at large with the advice and consent 1203
of the Senate. The term of office for appointees provided for in 1204
this subsection shall be for four (4) years and until their 1205
successor is duly qualified. Terms of office shall begin on July 1206
1 and end on June 30. These members shall not hold a license to 1207
practice any of the professions regulated by the boards set out in 1208
subsection (1) of this section. 1209
(4) In addition to the members set out in subsections (1) 1210
and (3) of this section, two (2) members shall be the Chairmen of 1211
the House Public Health and Human Services Committee and the 1212
Senate Public Health and Welfare Committee. 1213
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(5) No member of the board who represents a health 1214
regulatory board shall serve as such until after he ceases to be a 1215
member of a health regulatory board. 1216
SECTION 32. The following shall be codified as Section 1217
73-44-5, Mississippi Code of 1972: 1218
73-44-5. The chairman of the board shall be elected by the 1219
board from its members. The board shall meet at least quarterly 1220
and may hold additional meetings as necessary to perform its 1221
duties. A majority of the board shall constitute a quorum for the 1222
purpose of conducting business. Members of the board shall be 1223
entitled to actual travel expenses and per diem as provided in 1224
Sections 5-3-41 and 25-3-69. 1225
SECTION 33. The following shall be codified as Section 1226
73-44-7, Mississippi Code of 1972: 1227
73-44-7. The board shall have the following powers and 1228
duties: 1229
(a) To evaluate the need for coordination among the 1230
health regulatory boards and their staffs, and to report its 1231
findings and recommendations to the boards; 1232
(b) To evaluate all health care professions and 1233
occupations in the state, including those regulated and those not 1234
regulated by other provisions of this title, and to consider 1235
whether each such profession or occupation should be regulated and 1236
the degree of regulation to be imposed. Whenever the board 1237
determines that the public interest requires that a health care 1238
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profession or occupation which is not regulated by law should be 1239
regulated, the board shall recommend to the Legislature a 1240
regulatory system to establish the appropriate degree of 1241
regulation; 1242
(c) To serve as a forum for resolving conflicts among 1243
the health regulatory boards; 1244
(d) To advise the Governor and the Legislature on 1245
matters relating to the regulation or deregulation of health care 1246
professions and occupations; 1247
(e) To make bylaws that govern the board and enable the 1248
proper fulfillment of its duties under this chapter; 1249
(f) To promote the development of standards to evaluate 1250
the competency of the professions and occupations represented on 1251
the board; 1252
(g) To periodically review the investigatory, 1253
disciplinary and enforcement processes of the individual boards to 1254
ensure the protection of the public and the fair and equitable 1255
treatment of health professionals; and 1256
(h) To examine scope of practice conflicts involving 1257
regulated and unregulated professions, and to advise the health 1258
regulatory boards and the Legislature of the nature and degree of 1259
such conflicts. 1260
SECTION 34. The following shall be codified as Section 1261
73-44-9, Mississippi Code of 1972: 1262
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ST: Board of Medical Licensure; revise
licensure status and other provisions and create
Board of Health Professions.
73-44-9. The Department of Health shall annually request a 1263
budget for the board and shall provide a meeting space and 1264
administrative support for the board's operations. 1265
SECTION 35. This act shall take effect and be in force from 1266
and after July 1, 2026. 1267