Board of Medical Licensure; revise licensure status, definitions, procedure, fines and temporary practice authority.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2454

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 ACT 6
AND TO IDENTIFY INDIVIDUALS FOR WHOM THE MEDICAL PRACTICE ACT DOES 7
NOT APPLY; TO CLARIFY CERTAIN PROCEDURES TO OBTAIN A LICENSE TO 8
PRACTICE MEDICINE; TO PROVIDE FOR ELECTRONIC NOTICE OF LICENSE 9
RENEWAL; TO PROVIDE PROCEDURES FOR PHYSICIANS TO REQUEST RETIRED 10
STATUS; TO CLARIFY PROCEDURES FOR THE ISSUANCE OF A TEMPORARY 11
LICENSE TO PRACTICE MEDICINE; TO CLARIFY PROCEDURES FOR ISSUANCE 12
OF A LICENSE BY RECIPROCITY; TO REVISE CERTAIN PROCEDURES FOR 13
DISCIPLINARY ACTION AGAINST LICENSEES, THE EVIDENTIARY STANDARD TO 14
BE APPLIED BY THE BOARD OF MEDICAL LICENSURE IN A DETERMINATION 15
REGARDING DISCIPLINARY ACTION, THE ISSUANCE OF SUBPOENAS BY THE 16
BOARD, THE GROUNDS FOR DISCIPLINARY ACTION, THE OPTIONS AVAILABLE 17
TO THE BOARD FOLLOWING DISCIPLINARY HEARINGS AGAINST LICENSEES, 18
AND PETITIONS FOR REINSTATEMENT OF LICENSES; TO CLARIFY THE ACTION 19
OF THE UNLAWFUL PRACTICE OF MEDICINE AND THE AUTHORITY OF THE 20
BOARD TO SEEK INJUNCTIVE RELIEF; TO DELETE A CERTAIN EXCEPTION TO 21
LICENSURE; TO INCLUDE BEHAVIORAL CONDUCT THAT COULD BE ADDRESSED 22
BY TREATMENT TO THE LIST OF REASONS A LICENSEE SHALL BE SUBJECT TO 23
RESTRICTION OF THEIR LICENSE; TO CLARIFY CERTAIN PROCEDURES UNDER 24
THE DISABLED PHYSICIAN LAW; TO CONFORM TO THE PROVISIONS OF THE 25
ACT; TO REVISE DISCIPLINARY ACTION THAT THE BOARD IS AUTHORIZED TO 26
TAKE, INCLUDING PLACING A LICENSEE ON PROBATION OR IMPOSING A 27
PUNITIVE FINE; TO PROVIDE THAT A HEARING MUST BE HELD WITHIN 30 28
DAYS IF THE BOARD DETERMINES THAT A PHYSICIAN'S CONTINUATION OF 29
PRACTICE IS AN IMMEDIATE DANGER; TO EXCLUDE INDIVIDUALS ENGAGED 30
SOLELY IN THE PRACTICE OF MIDWIFERY FROM THE CHAPTER; TO CONFORM 31
TO THE PROVISIONS OF THE ACT; TO CREATE NEW SECTION 73-43-19, 32
MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI PHYSICIAN 33
HEALTH PROGRAM TO PROVIDE PERFORMANCE STATISTICS TO THE STATE 34
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BOARD OF MEDICAL LICENSURE; TO AMEND SECTION 73-43-3, MISSISSIPPI 35
CODE OF 1972, TO PROVIDE FOR ADDITIONAL MEMBERS OF THE BOARD WHO 36
SHALL BE MEMBERS OF THE PUBLIC NOT RELATED TO THE HEALTHCARE 37
INDUSTRY; TO REPEAL SECTIONS 73-25-7, 73-25-9, 73-25-15, 73-25-19, 38
73-25-25, 73-25-39 AND 73-25-81, MISSISSIPPI CODE OF 1972, WHICH 39
REQUIRE THE STATE BOARD OF MEDICAL LICENSURE TO MEET AT THE 40
CAPITOL AT LEAST ONCE EACH YEAR FOR THE PURPOSE OF EXAMINING 41
APPLICANTS; WHICH PROVIDES FOR THE FEE CHARGED BY THE STATE BOARD 42
OF MEDICAL LICENSURE TO APPLY FOR A LICENSE TO PRACTICE; WHICH 43
PROVIDES FOR THE PROCEDURES FOR LOST MEDICAL LICENSES; WHICH 44
PROVIDES FOR CERTAIN PROVISIONS RELATED TO NONRESIDENT PHYSICIANS; 45
WHICH PROVIDES FOR CERTAIN PROCEDURES FOR THOSE DESIRING TO 46
PRACTICE OSTEOPATHIC MEDICINE IN THE STATE; WHICH ALLOWS THE STATE 47
BOARD OF MEDICAL LICENSURE TO CONTRACT FOR THE ACQUISITION OF 48
BOOKS AND OTHER RECORDS; WHICH PROVIDES A TECHNICAL REFERENCE TO 49
THE MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE; AND FOR RELATED 50
PURPOSES. 51
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 52
SECTION 1. Section 73-25-1, Mississippi Code of 1972, is 53
amended as follows: 54
73-25-1. (1) For the purposes of this chapter: 55
(a) "Practice of medicine" or "practice medicine" means 56
the practice of allopathic and osteopathic medicine. 57
(b) "Physician" means a medical doctor or a doctor of 58
osteopathic medicine. 59
(2) Every person who desires to practice medicine must first 60
obtain a license to do so from the Mississippi State Board of 61
Medical Licensure, but this section shall not apply to physicians 62
now holding permanent license, the same having been recorded as 63
required by law. 64
(3) This chapter shall not apply to the following 65
individuals: 66
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(a) Students while engaged in training in a medical 67
school approved or recognized by the Mississippi State Board of 68
Medical Licensure, unless the board licenses the student; 69
(b) Those providing services in cases of emergency 70
where no fee or other consideration is contemplated, charged or 71
received by the physician or anyone on behalf of the physician; 72
(c) Commissioned medical officers of the Armed Forces 73
of the United States, medical officers of the United States Public 74
Health Service or medical officers of the United States Department 75
of Veterans Affairs in the discharge of their official duties 76
within federally controlled facilities: 77
(i) Such persons who hold medical licenses in the 78
state shall be subject to the provisions of this chapter; 79
(ii) Such persons shall be fully licensed to 80
practice medicine in one or more jurisdictions of the United 81
States; and 82
(iii) Such a military physician shall be subject 83
to the Military Health System Clinical Quality Assurance (CQA) 84
Program, 10 USC § 1094 and DoD Instruction 6025.13; 85
(d) Those practicing dentistry, nursing, optometry, 86
podiatry, psychology, as a chiropractor, as a veterinarian, as a 87
physician assistant or practicing any other of the healing arts in 88
accordance with and as provided by the laws of the state and 89
within their respective scope of practice; 90
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(e) Those practicing the tenants of a religion or 91
ministering religious-based medical procedure or ministering to 92
the sick or suffering by mental or spiritual means in accordance 93
with such tenants; 94
(f) A person administering a lawful domestic or family 95
remedy to a member of his or her own family; 96
(g) Those fully licensed to practice medicine in 97
another jurisdiction of the United States who briefly render 98
emergency medical treatment or briefly provide critical medical 99
service at the specific lawful direction of a medical institution 100
or a federal agency that assumes full responsibility for the 101
treatment or service and is approved by the state medical board; 102
and 103
(h) Athletic team physicians as defined by Sections 104
73-25-121 through 73-25-127. 105
(4) Nothing in this chapter shall apply to individuals 106
engaged solely in the practice of midwifery. 107
(5) For the purpose of this chapter, the practice of 108
medicine is determined to occur where the patient is located in 109
order that the full resources of the state are available for the 110
protection of that patient. 111
SECTION 2. Section 73-25-3, Mississippi Code of 1972, is 112
amended as follows: 113
73-25-3. Every person who desires to obtain a license to 114
practice medicine must apply therefor, in writing, to the 115
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Mississippi State Board of Medical Licensure * * *. If the 116
applicant is found by the board, upon examination, to possess 117
sufficient * * * qualifications, the board shall issue * * * the 118
applicant a license to practice medicine; however, no applicant 119
shall be granted a license unless the applicant holds a diploma 120
from a * * * medical college or college of osteopathic 121
medicine * * * listed in the World Directory of Medical Schools or 122
its successor, or by an equivalent board-approved directory or 123
entity. 124
To qualify for a Mississippi medical license, an applicant 125
must have successfully been cleared for licensure through an 126
investigation that shall consist of a determination as to good 127
moral character and verification that the prospective licensee is 128
not guilty of or in violation of any statutory ground for denial 129
of licensure as set forth in Sections 73-25-29 and 73-25-83. To 130
assist the board in conducting its licensure investigation, all 131
applicants shall undergo a fingerprint-based criminal history 132
records check of the Mississippi central criminal database and the 133
Federal Bureau of Investigation criminal history database. Each 134
applicant shall submit a full set of the applicant's fingerprints 135
in a form and manner prescribed by the board, which shall be 136
forwarded to the Mississippi Department of Public Safety 137
(department) and the Federal Bureau of Investigation 138
Identification Division for this purpose. 139
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Any and all state or national criminal history records 140
information obtained by the board that is not already a matter of 141
public record shall be deemed nonpublic and confidential 142
information restricted to the exclusive use of the board, its 143
members, officers, investigators, agents and attorneys in 144
evaluating the applicant's eligibility or disqualification for 145
licensure, and shall be exempt from the Mississippi Public Records 146
Act of 1983. Except when introduced into evidence in a hearing 147
before the board to determine licensure, no such information or 148
records related thereto shall, except with the written consent of 149
the applicant or by order of a court of competent jurisdiction, be 150
released or otherwise disclosed by the board to any other person 151
or agency. 152
The board shall * * * require a form signed by the applicant 153
consenting to the check of the criminal records and to the use of 154
the fingerprints or other biometrics, and any other identifying 155
information required by the state or national repositories. 156
The board shall charge and collect from the applicant, in 157
addition to all other applicable fees and costs, such amount as 158
may be incurred by the board in requesting and obtaining state and 159
national criminal history records information on the applicant. 160
This section shall not apply to applicants for a special 161
volunteer medical license authorized under Section 73-25-18. 162
SECTION 3. Section 73-25-5, Mississippi Code of 1972, is 163
amended as follows: 164
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73-25-5. The application for license must include such 165
information as the Mississippi State Board of Medical Licensure 166
shall require. 167
Each application or filing made under this section shall 168
include the active and valid social security number(s) of the 169
applicant in accordance with Section 93-11-64 * * *. 170
SECTION 4. Section 73-25-14, Mississippi Code of 1972, is 171
amended as follows: 172
73-25-14. (1) Except as provided in Section 33-1-39, the 173
license of every person licensed to practice medicine or 174
osteopathy in the State of Mississippi shall be renewed annually. 175
On or before May 1 of each year, the Mississippi State Board 176
of Medical Licensure shall mail or electronically transmit a 177
notice of renewal of license to every physician or osteopath to 178
whom a license was issued or renewed during the current licensing 179
year. The notice shall provide instructions for obtaining and 180
submitting applications for renewal. The Mississippi State Board 181
of Medical Licensure is authorized to make applications for 182
renewal available via electronic means. The applicant shall 183
obtain and complete the application and submit it to the board in 184
the manner prescribed by the board in the notice before June 30 185
with the renewal fee of an amount established by the board, but 186
not to exceed Three Hundred Dollars ($300.00) * * *. A portion 187
of * * * the fee shall be used to support a program to aid 188
impaired * * * licensees. * * * Upon receipt of the application 189
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and fee, the board shall verify the accuracy of the application 190
and issue to applicant a certificate of renewal for the ensuing 191
year, beginning July 1 and expiring June 30 of the succeeding 192
calendar year. That renewal shall render the holder thereof a 193
legal practitioner as stated on the renewal form. 194
(2) * * * Any physician practicing in the State of 195
Mississippi whose license has lapsed may petition the board for 196
reinstatement of his or her license on a retroactive basis, if the 197
physician was unable to meet the June 30 deadline due to 198
extraordinary or other legitimate reasons, and retroactive 199
reinstatement of licensure shall be granted unless it is denied by 200
the board only for good cause. Failure to advise the board of 201
change of address shall not be considered a good cause for 202
reinstatement. 203
(3) * * * A physician who wishes to retain his or her 204
license but not actively practice medicine may request "retired 205
status" for the license by submitting the proper paperwork as 206
prescribed by the board with the renewal fee. A physician holding 207
a retired status medical license is exempt from license renewal 208
and from continuing medical education requirements. A licensed 209
retired status physician shall not practice medicine unless the 210
licensee applies for and is granted reinstatement and pays the 211
reinstatement fee as determined by the board. 212
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(4) Any physician or osteopath who allows his or her license 213
to lapse shall be notified by the board within thirty (30) days of 214
that lapse. 215
* * * 216
SECTION 5. Section 73-25-17, Mississippi Code of 1972, is 217
amended as follows: 218
73-25-17. (1) * * * The executive officer of the * * * 219
board * * * may issue * * * a temporary license to practice 220
medicine * * * in compliance with the rules and regulations of the 221
board, provided that such license shall not exceed fourteen (14) 222
days for a physician who does not plan to study or practice in the 223
state permanently. The executive director may issue a temporary 224
license to practice medicine for up to one (1) year if the 225
applicant is a person in an internship, residency or fellowship 226
program created through the Office of Mississippi Physician 227
Workforce or accredited through the Accreditation Council for 228
Graduate Medical Education. * * * Any extension may only be 229
granted by the executive committee. The temporary license of a 230
person enrolled in any * * * Accreditation Council for Graduate 231
Medical Education (ACGME), residency or fellowship program within 232
the state * * * may be renewed annually for the duration of the 233
internship, residency or fellowship program for a period not to 234
exceed * * * eight (8) years, except when in combination with a 235
Ph.D. program. 236
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(2) The State Board of Medical Licensure may issue a 237
temporary license to practice medicine at a youth camp licensed by 238
the State Board of Health to nonresident physicians and retired 239
resident physicians under the provisions of Section 75-74-8. 240
* * * 241
SECTION 6. Section 73-25-18, Mississippi Code of 1972, is 242
amended as follows: 243
73-25-18. (1) (a) There is established a special volunteer 244
medical license for physicians who are retired from active 245
practice, or are currently serving on active duty in the Armed 246
Forces of the United States or in the National Guard or a reserve 247
component of the Armed Forces of the United States, or are working 248
as physicians for the Department of Veterans Affairs, and wish to 249
donate their expertise for the medical care and treatment of 250
indigent and needy persons or persons in medically underserved 251
areas of the state. The special volunteer medical license shall 252
be issued by the State Board of Medical Licensure to eligible 253
physicians without the payment of any application fee, examination 254
fee, license fee or renewal fee, shall be issued for a fiscal year 255
or part thereof, and shall be renewable annually upon approval of 256
the board. 257
(b) A physician must meet the following requirements to 258
be eligible for a special volunteer medical license: 259
(i) Completion of a special volunteer medical 260
license application, including documentation of the physician's 261
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medical school or osteopathic school graduation and practice 262
history; 263
(ii) Documentation that the physician * * * 264
otherwise qualifies for an unrestricted license to practice 265
medicine in Mississippi or in another state of the United States 266
and that he or she has never been the subject of any medical 267
disciplinary action in any jurisdiction; 268
(iii) Acknowledgement and documentation that the 269
physician's practice under the special volunteer medical license 270
will be exclusively and totally devoted to providing medical care 271
to needy and indigent persons in Mississippi or persons in 272
medically underserved areas in Mississippi; and 273
(iv) Acknowledgement and documentation that the 274
physician will not receive any payment or compensation, either 275
direct or indirect, or have the expectation of any payment or 276
compensation, for any medical services rendered under the special 277
volunteer medical license. 278
(2) (a) There is established a special volunteer license 279
for physician assistants who are retired from active practice, or 280
are currently serving on active duty in the Armed Forces of the 281
United States or in the National Guard or a reserve component of 282
the Armed Forces of the United States, or are working as physician 283
assistants for the Department of Veterans Affairs, and wish to 284
donate their expertise for the care and treatment of indigent and 285
needy persons or persons in medically underserved areas of the 286
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state. The special volunteer physician assistant license shall be 287
issued by the Mississippi State Board of Medical Licensure to 288
eligible physician assistants without the payment of any 289
application fee, examination fee, license fee or renewal fee, 290
shall be issued for a fiscal year or part thereof, and shall be 291
renewable annually upon approval of the board. 292
(b) A physician assistant must meet the following 293
requirements to be eligible for a special volunteer physician 294
assistant license: 295
(i) Completion of an application for a special 296
volunteer physician assistant license, including documentation of 297
the physician assistant's educational qualifications and practice 298
history; 299
(ii) Documentation that the physician 300
assistant * * * otherwise qualifies for an unrestricted physician 301
assistant license in Mississippi or in another state of the United 302
States and that he or she has never been the subject of any 303
disciplinary action in any jurisdiction; 304
(iii) Acknowledgement and documentation that the 305
physician assistant's practice under the special volunteer 306
physician assistant license will be exclusively and totally 307
devoted to providing care to needy and indigent persons in 308
Mississippi or persons in medically underserved areas in 309
Mississippi; and 310
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(iv) Acknowledgement and documentation that the 311
physician assistant will not receive any payment or compensation, 312
either direct or indirect, or have the expectation of any payment 313
or compensation, for any services rendered under the special 314
volunteer physician assistant license. 315
SECTION 7. Section 73-25-21, Mississippi Code of 1972, is 316
amended as follows: 317
73-25-21. * * * The issuance of a license by reciprocity to 318
a military-trained applicant, military spouse or person who 319
establishes residence in this state shall be subject to the 320
provisions of Section 73-50-1 or 73-50-2, as applicable. 321
SECTION 8. Section 73-25-23, Mississippi Code of 1972, is 322
amended as follows: 323
73-25-23. The Mississippi State Board of Medical Licensure 324
is * * * authorized and empowered to grant limited institutional 325
license for the practice of medicine in state institutions to 326
graduates of foreign medical colleges approved by the National 327
Educational Council for Foreign Medical Graduates or its 328
successor, subject to the conditions as set out herein. 329
Any graduate of a foreign medical college approved by the 330
organizations specified in the foregoing paragraph who is employed 331
or is being considered for employment to practice medicine in one 332
or more Mississippi state-supported institution(s) located in the 333
same county shall make application for license to the Mississippi 334
State Board of Medical Licensure. The application shall be made 335
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on a form prescribed by the Board of Medical Licensure as required 336
by laws of the State of Mississippi. The application shall also 337
state the institution or institutions in which the applicant has 338
assurance of employment. The Mississippi State Board of Medical 339
Licensure is hereby authorized to establish minimum standards of 340
qualifications including moral, experience and proficiency for 341
such applicants. * * * Upon review of the application, and upon 342
the satisfaction of all requirements set forth by the board, the 343
board may issue a limited institutional license to practice 344
medicine. 345
* * * 346
Such license shall be for one (1) year and shall be in such 347
form as the Mississippi State Board of Medical Licensure shall 348
prescribe, and shall be issued for practice in a particular 349
institution and shall not be endorsable to another state. The 350
license must be renewed annually, after such review as the 351
Mississippi State Board of Medical Licensure considers necessary. 352
A graduate of a foreign medical school so licensed may hold such 353
limited institutional license no longer than * * * eight (8) 354
years. * * * In addition, the Mississippi State Board of Medical 355
Licensure, in its discretion, may waive the * * * eight-year 356
limitation on limited institutional licenses for any graduate of a 357
foreign medical school who holds such license. 358
It is the intent of this section to enable Mississippi 359
institutions to utilize the services of qualified graduates of 360
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foreign medical colleges during the period necessary for them to 361
secure citizenship papers, and to meet other requirements for a 362
regular license, including Educational Council for Foreign Medical 363
Graduates certification. The Mississippi State Board of Medical 364
Licensure is hereby authorized, in its discretion, to refuse to 365
renew, or to revoke such limited license if the holder of such 366
license * * * fails to apply for a regular license. 367
The Mississippi State Board of Medical Licensure may 368
establish reasonable and uniform license fees and shall make such 369
rules and regulations as it considers necessary to carry out the 370
purposes of this section. 371
* * * 372
SECTION 9. Section 73-25-27, Mississippi Code of 1972, is 373
amended as follows: 374
73-25-27. * * * With respect to any licensee of the 375
Mississippi State Board of Medical Licensure, after notice and 376
opportunity for a hearing to such licensee, the board may take one 377
or more of the actions authorized in Section 73-25-87 for any of 378
the grounds enumerated in Section 73-25-29. The procedure for 379
suspension of a license for being out of compliance with an order 380
for support, and the procedure for the reissuance or reinstatement 381
of a license suspended for that purpose, and the payment of any 382
fees for the reissuance or reinstatement of a license suspended 383
for that purpose, shall be governed by Section 93-11-157 or 384
93-11-163, as the case may be. If there is any conflict between 385
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any provision of Section 93-11-157 or 93-11-163 and any provision 386
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 387
as the case may be, shall control. 388
The notice shall be effected by * * * certified mail with 389
return receipt requested or personal service setting forth the 390
particular reasons for the proposed action and fixing a date not 391
less than thirty (30) days * * * from the date of the mailing or 392
the service, at which time the * * * licensee shall be given an 393
opportunity for a prompt and fair hearing. For the purpose of the 394
hearing the board, acting by and through its executive office, may 395
subpoena persons and papers on its own behalf and on behalf of 396
the * * * licensee, including records obtained under Section 397
73-25-28 and Section 73-25-83(c), may administer oaths and the 398
testimony when properly transcribed, together with the papers and 399
exhibits, shall be admissible in evidence for or against the * * * 400
licensee. At the hearing the * * * licensee may appear by counsel 401
and personally in his own behalf. Any person sworn and examined 402
as a witness in the hearing shall not be held to answer 403
criminally, nor shall any papers or documents produced by the 404
witness be competent evidence in any criminal proceedings against 405
the witness other than for perjury in delivering his evidence. 406
The board or its designee, in the conduct of any hearing, shall 407
not be bound by strict laws or rules of evidence. The board may 408
adopt rules and discovery and procedure governing all proceedings 409
before it. On the basis of any such hearing, or upon default of 410
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the * * * licensee, the board shall make a determination 411
specifying its findings of fact and conclusions of law. The board 412
shall make its determination based upon * * * clear and convincing 413
evidence. 414
A copy of the determination shall be sent by * * * certified 415
mail, electronic acknowledgement or served personally upon 416
the * * * licensee, or by any means set forth in the federal or 417
state rules of civil procedure. * * * 418
For the purpose of conducting investigations, the * * * 419
executive director, may issue subpoenas to any individual * * * or 420
other entity having in its possession papers, documents, medical 421
charts, prescriptions or any other nonfinancial records. * * * 422
Investigatory subpoenas, as provided in this section, may be 423
served either by personal process or by * * * certified mail, and 424
upon service shall command production of the papers and documents 425
to the board at the time and place so specified. The board shall 426
be entitled to the assistance of the chancery court or the 427
chancellor in vacation, which, on petition by the board, shall 428
issue ancillary subpoenas and petitions and may punish as for 429
contempt of court in the event of noncompliance with the subpoenas 430
or petitions. 431
In addition to investigatory subpoenas, the board may seek 432
the issuance of Administrative Inspection Warrants, via the 433
issuance and service processes described in Section 41-29-157, for 434
patient records or other information relevant to the 435
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investigation. Those warrants may be issued under this section in 436
any investigatory matter involving potential violation(s) of the 437
Medical Practice Act and/or the Administrative Code of the board, 438
regardless as to whether controlled substance violations are the 439
subject of the investigation. Any person or entity who refuses to 440
comply with any warrant duly issued under this section shall be in 441
violation of Section 9-1-17 and shall be subject to all fines and 442
penalties stated in that section. 443
For the purpose of conducting hearings, the board through its 444
executive director may subpoena persons and papers on its own 445
behalf and on behalf of the respondent, including records obtained 446
under Section 73-25-28 and Section 73-25-83(c), may administer 447
oaths, and may compel the testimony of witnesses. * * * It may 448
issue subpoenas to take testimony at hearings, and testimony so 449
taken and sworn to shall be admissible in evidence for and against 450
the respondent. No depositions shall be taken in preparation for 451
matters to be heard by the board. The board shall be entitled to 452
the assistance of the chancery court or the chancellor in 453
vacation, which, on petition by the board, shall issue ancillary 454
subpoenas and petitions and may punish as for contempt of court in 455
the event of noncompliance with the subpoenas or petitions. 456
Unless the court otherwise decrees, a license that has been 457
suspended by the board * * * shall become again valid if and when 458
the board so orders, which it may do on its own motion or on the 459
petition of the respondent. A license that has been revoked shall 460
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not be restored to validity except: (1) by order of the board 461
based on petition for reinstatement filed under Section 73-25-32 462
or (2) by order of the chancery court or Supreme Court following 463
appeal. * * * Nothing in this chapter shall be construed as 464
limiting or revoking the authority of any court or of any 465
licensing or registering officer or board, other than the State 466
Board of Medical Licensure, to suspend, revoke and reinstate 467
licenses and to cancel registrations under the provisions of 468
Section 41-29-311. 469
SECTION 10. Section 73-25-28, Mississippi Code of 1972, is 470
amended as follows: 471
73-25-28. (1) In any case in which disciplinary action 472
against a * * * licensee is being considered by the Mississippi 473
State Board of Medical Licensure, the executive * * * director of 474
the board, or its investigators * * *, upon reasonable cause as 475
defined below, may enter, at a time convenient to all parties, any 476
hospital, clinic, surgical center, office of a * * * licensee or 477
emergency care facility to inspect and copy patient records, 478
charts, emergency room records or any other document which would 479
assist the board in its investigation of a * * * licensee. 480
Reasonable cause shall be demonstrated by allegations of 481
violations of state law or the Mississippi Administrative Code, 482
including one or more of the following: (a) a single incident of 483
gross negligence; (b) a pattern of inappropriate prescribing of 484
controlled substances; (c) an act of incompetence or negligence 485
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causing death or serious bodily injury; (d) a pattern of 486
substandard medical care; (e) a pattern of unnecessary surgery or 487
unindicated medical procedures; (f) disciplinary action taken 488
against a physician or podiatrist by a licensed hospital or by the 489
medical staff of the hospital; (g) voluntary termination by a 490
physician or podiatrist of staff privileges or having restrictions 491
placed thereon; or (h) habitual personal use of narcotic drugs or 492
other drugs having addiction-forming or addiction-sustaining 493
liability, or the habitual personal use of intoxicating liquors or 494
alcoholic beverages, to an extent which affects professional 495
competency. Whether reasonable cause exists shall be determined 496
by the executive * * * director and/or executive committee of the 497
board, and documentation of that determination shall be provided 498
to the hospital, clinic, office or emergency care facility before 499
entry for inspection and copying hereunder. 500
(2) A certified copy of any record inspected or copied 501
pursuant to subsection (1) shall be subject to subpoena by the 502
board to be used as evidence before it in a licensure disciplinary 503
proceeding initiated pursuant to the provisions of Sections 504
73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 505
through 73-25-95 and 73-27-1 through 73-27-19, Mississippi Code of 506
1972. All references to a patient's name and address or other 507
information which would identify the patient shall be deleted from 508
the records unless a waiver of the medical privilege is obtained 509
from the patient. 510
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(3) All records of the investigation and all patient charts, 511
records, emergency room records or any other document that may 512
have been copied shall be kept confidential and shall not be 513
subject to discovery or subpoena. If no disciplinary proceedings 514
are initiated within a period of five (5) years after the 515
determination of insufficient cause, then the board shall destroy 516
all records obtained pursuant to this section. 517
(4) Notwithstanding any right to privacy, confidentiality, 518
privilege or exemption from public access conferred by this 519
section, Section 73-52-1, or otherwise by statute or at law, the 520
board shall provide to any hospital, as defined in Section 41-9-3, 521
any and all information it may have concerning any physician who 522
has applied for a license, other than information contained in 523
records exempt from the provisions of the Mississippi Public 524
Records Act of 1983 pursuant to Sections 45-29-1 and 45-29-3, 525
Mississippi Code of 1972, upon receipt by the board of a written 526
request from the hospital for such information and documentation 527
that the physician has applied for appointment or reappointment to 528
the medical staff of the hospital or staff privileges at the 529
hospital. The board, any member of the board, and its agents or 530
employees, acting without malice in providing the documents or 531
information hereunder, shall be immune from civil or criminal 532
liability. 533
SECTION 11. Section 73-25-29, Mississippi Code of 1972, is 534
amended as follows: 535
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73-25-29. The grounds for the nonissuance, suspension, 536
revocation or restriction of a license or the denial of 537
reinstatement or renewal of a license are: 538
(1) Habitual personal use of narcotic drugs, or any 539
other drug having addiction-forming or addiction-sustaining 540
liability. 541
(2) Habitual use of intoxicating liquors, or any 542
beverage, to an extent which affects professional competency. 543
(3) Administering, dispensing or prescribing any 544
narcotic drug, or any other drug having addiction-forming or 545
addiction-sustaining liability otherwise than in the course of 546
legitimate professional practice. 547
(4) Conviction of violation of any federal or state law 548
regulating the possession, distribution or use of any narcotic 549
drug or any drug considered a controlled substance under state or 550
federal law, a certified copy of the conviction order or judgment 551
rendered by the trial court being prima facie evidence thereof, 552
notwithstanding the pendency of any appeal. 553
(5) Procuring, or attempting to procure, or aiding in, 554
an abortion that is not medically indicated. 555
(6) Conviction of a felony or misdemeanor involving 556
moral turpitude, a certified copy of the conviction order or 557
judgment rendered by the trial court being prima facie evidence 558
thereof, notwithstanding the pendency of any appeal. 559
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(7) Obtaining or attempting to obtain a license by 560
fraud or deception. 561
(8) Unprofessional conduct, which includes, but is not 562
limited to: 563
(a) Practicing medicine under a false or assumed 564
name or impersonating another practitioner, living or dead. 565
(b) Knowingly performing any act which in any way 566
assists an unlicensed person to practice medicine. 567
(c) Making or willfully causing to be made any 568
flamboyant claims concerning the licensee's professional 569
excellence. 570
(d) Being guilty of any dishonorable or unethical 571
conduct likely to impair patient care, or deceive, defraud or harm 572
the public. 573
(e) Obtaining a fee as personal compensation or 574
gain from a person on fraudulent representation of a disease or 575
injury condition generally considered incurable by competent 576
medical authority in the light of current scientific knowledge and 577
practice can be cured or offering, undertaking, attempting or 578
agreeing to cure or treat the same by a secret method, which he 579
refuses to divulge to the board upon request. 580
(f) Use of any false, fraudulent or forged 581
statement or document, or the use of any fraudulent, deceitful, 582
dishonest or immoral practice in connection with any of the 583
licensing requirements, including the signing in his professional 584
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capacity any certificate that is known to be false at the time he 585
makes or signs such certificate. 586
(g) Failing to identify a physician's school of 587
practice in all professional uses of his name by use of his earned 588
degree or a description of his school of practice. 589
(h) When a licensee makes, or knowingly permits 590
any person to make, an agreement with a patient or person, or any 591
person or entity representing patients or persons, or provides any 592
form of consideration that would prohibit, restrict, discourage or 593
otherwise limit a person's ability to file a complaint with the 594
board; to truthfully and fully answer any questions posed by an 595
agent or representative of the board; or to participate as a 596
witness in a board proceeding. 597
(9) The refusal of a licensing authority of another 598
state or jurisdiction to issue or renew a license, permit or 599
certificate to practice medicine in that jurisdiction or the 600
revocation, suspension or other restriction imposed on a license, 601
permit or certificate issued by such licensing authority which 602
prevents or restricts practice in that jurisdiction, a certified 603
copy of the disciplinary order or action taken by the other state 604
or jurisdiction being prima facie evidence thereof, 605
notwithstanding the pendency of any appeal. 606
(10) Surrender of a license or authorization to 607
practice medicine in another state or jurisdiction or surrender of 608
membership on any medical staff or in any medical or professional 609
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association or society while under disciplinary investigation by 610
any of those authorities or bodies for acts or conduct similar to 611
acts or conduct which would constitute grounds for action as 612
defined in this section. 613
(11) Final sanctions imposed by the United States 614
Department of Health and Human Services, Office of Inspector 615
General or any successor federal agency or office, based upon a 616
finding of incompetency, gross misconduct or failure to meet 617
professionally recognized standards of health care; a certified 618
copy of the notice of final sanction being prima facie evidence 619
thereof. As used in this paragraph, the term "final sanction" 620
means the written notice to a physician from the United States 621
Department of Health and Human Services, Officer of Inspector 622
General or any successor federal agency or office, which 623
implements the exclusion. 624
(12) Failure to furnish the board, its investigators or 625
representatives information legally requested by the board. 626
(13) Violation of any provision(s) of the Medical 627
Practice Act or the rules and regulations of the board or of any 628
order, stipulation or agreement with the board. 629
(14) Violation(s) of the provisions of Sections 630
41-121-1 through 41-121-9 relating to deceptive advertisement by 631
health care practitioners. 632
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(15) Performing or inducing an abortion on a woman in 633
violation of any provision of Sections 41-41-131 through 634
41-41-145. 635
(16) Performing an abortion on a pregnant woman after 636
determining that the unborn human individual that the pregnant 637
woman is carrying has a detectable fetal heartbeat as provided in 638
Section 41-41-34.1. 639
(17) Violation(s) of any provision of Title 41, Chapter 640
141, Mississippi Code of 1972. 641
In addition to the grounds specified above, the board shall 642
be authorized to suspend the license of any licensee for being out 643
of compliance with an order for support, as defined in Section 644
93-11-153. The procedure for suspension of a license for being 645
out of compliance with an order for support, and the procedure for 646
the reissuance or reinstatement of a license suspended for that 647
purpose, and the payment of any fees for the reissuance or 648
reinstatement of a license suspended for that purpose, shall be 649
governed by Section 93-11-157 or 93-11-163, as the case may be. 650
If there is any conflict between any provision of Section 651
93-11-157 or 93-11-163 and any provision of this chapter, the 652
provisions of Section 93-11-157 or 93-11-163, as the case may be, 653
shall control. 654
A physician who provides a written certification as 655
authorized under the Mississippi Medical Cannabis Act and in 656
compliance with rules and regulations adopted thereunder shall not 657
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be subject to any disciplinary action under this section solely 658
due to providing the written certification. 659
SECTION 12. Section 73-25-30, Mississippi Code of 1972, is 660
amended as follows: 661
73-25-30. (1) The Mississippi State Board of Medical 662
Licensure, in exercising its authority under the provisions of 663
Section 73-25-29, shall have the power to discipline the holder of 664
a license who has been found by the board in violation of that 665
statute after notice and a hearing as provided by law * * *. 666
(2) Upon the execution of a disciplinary order by the board, 667
either following a hearing or in lieu of a hearing, the 668
board * * * may assess the licensee for those reasonable costs 669
that are expended by the board in the investigation and conduct of 670
a proceeding for licensure disciplinary action including, but not 671
limited to, the cost of process service, court reporters, witness 672
fees, expert witnesses, investigators, and other related expenses. 673
Money collected by the board under this section shall be deposited 674
to the credit of the special fund of the board to reimburse the 675
existing current year appropriated budget. 676
(3) An assessment of costs under this section shall be paid 677
to the board by the licensee, upon the expiration of the period 678
allowed for appeals under Section 73-25-27, or may be paid sooner 679
if the licensee elects. Cost assessed under this section shall 680
not exceed * * * Twenty-five Thousand Dollars ($25,000.00). 681
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(4) When an assessment of costs by the board against a 682
licensee in accordance with this section is not paid by the 683
licensee when due under this section, the licensee shall be 684
prohibited from practicing medicine until the full amount is paid. 685
In addition, the board may institute and maintain proceedings in 686
its name for enforcement of payment in the Chancery Court of the 687
First Judicial District of Hinds County, Mississippi. When those 688
proceedings are instituted, the board shall certify the record of 689
its proceedings, together with all documents and evidence, to the 690
chancery court. The matter shall be heard in due course by the 691
court, which shall review the record and make its determination 692
thereon. The hearing on the matter, in the discretion of the 693
chancellor, may be tried in vacation. 694
SECTION 13. Section 73-25-31, Mississippi Code of 1972, is 695
amended as follows: 696
73-25-31. Every order and judgment of the board shall take 697
effect immediately on its promulgation unless the board in such 698
order or judgment fixes a probationary period for * * * licensee. 699
Such order and judgment shall continue in effect unless upon 700
appeal the court by proper order or decree terminates it earlier. 701
The board may make public its orders and judgments in such manner 702
and form as it deems proper. * * * Any decision of the board must 703
be appealed to the Chancery Court of the First Judicial District 704
of Hinds County, Mississippi, under the provisions of this section 705
within thirty (30) days after being so mailed or served. The 706
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appeal period may not be extended. The appeal to the chancery 707
court shall be based solely on the record made before the board. 708
A transcript of the proceedings and evidence, together with 709
exhibits presented at the hearing before the board in the event of 710
appeal, shall be a part of the record before the chancery court. 711
The chancery court shall dispose of the appeal and enter its 712
decision promptly. The hearing on the appeal may, in the 713
discretion of the chancellor, be tried in vacation. Appeals may 714
be taken to the Supreme Court of the State of Mississippi as 715
provided by law from any final action of the chancery court. No 716
such person shall be allowed to practice medicine in violation of 717
any action of the chancery court affirming, in whole or in part, 718
the determination of the board while any such appeal to the 719
Supreme Court is pending. 720
SECTION 14. Section 73-25-32, Mississippi Code of 1972, is 721
amended as follows: 722
73-25-32. (1) A person whose license to practice * * * has 723
been * * * suspended or previously surrendered may petition the 724
Mississippi State Board of Medical Licensure to reinstate this 725
license after a period of not less than one (1) year has elapsed 726
from the date of the * * * suspension or surrender. A person 727
whose license to practice has been revoked may petition the board 728
to reinstate his or her license after a period of not less than 729
three (3) years, but not greater than five (5) years, has elapsed 730
from the date of the revocation. The procedure for the 731
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reinstatement of a license that is suspended for being out of 732
compliance with an order for support, as defined in Section 733
93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as 734
the case may be. 735
(2) * * * The petition may be heard at the next regular 736
meeting of the Board of Medical Licensure but not earlier than 737
thirty (30) days after the petition was filed. No petition shall 738
be considered while the petitioner is under sentence for any 739
criminal offense, including any period during which he is under 740
probation or parole. The hearing may be continued from time to 741
time as the Board of Medical Licensure finds necessary. 742
(3) In determining whether the disciplinary penalty should 743
be set aside and the terms and conditions, if any, that should be 744
imposed if the disciplinary penalty is set aside, the Mississippi 745
State Board of Medical Licensure may investigate and consider all 746
activities of the petitioner since the disciplinary action was 747
taken * * *, the offense for which he was disciplined, his 748
activity during the time * * * the petitioner was in good 749
standing, his general reputation for truth, professional ability 750
and good character; and * * * require the petitioner to * * * 751
submit to a professional competency evaluation. 752
(4) The investigation shall require the petitioner to 753
undergo a fingerprint-based criminal history records check of the 754
Mississippi central criminal database and the Federal Bureau of 755
Investigation criminal history database. Each petitioner shall 756
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submit a full set of the petitioner's fingerprints in a form and 757
manner prescribed by the board, which shall be forwarded to the 758
Mississippi Department of Public Safety (department) and the 759
Federal Bureau of Investigation Identification Division for this 760
purpose. 761
Any and all state or national criminal history records 762
information obtained by the board that is not already a matter of 763
public record shall be deemed nonpublic and confidential 764
information restricted to the exclusive use of the board, its 765
members, officers, investigators, agents and attorneys in 766
evaluating the applicant's eligibility or disqualification for 767
licensure, and shall be exempt from the Mississippi Public Records 768
Act of 1983. Except when introduced into evidence in a hearing 769
before the board to determine licensure, no such information or 770
records related thereto shall, except with the written consent of 771
the applicant or by order of a court of competent jurisdiction, be 772
released or otherwise disclosed by the board to any other person 773
or agency. 774
The board shall provide to the department the fingerprints of 775
the petitioner, any additional information that may be required by 776
the department, and a form signed by the petitioner consenting to 777
the check of the criminal records and to the use of the 778
fingerprints and other identifying information required by the 779
state or national repositories. 780
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The board shall charge and collect from the petitioner, in 781
addition to all other applicable fees and costs, such amount as 782
may be incurred by the board in requesting and obtaining state and 783
national criminal history records information on the applicant. 784
* * * 785
SECTION 15. Section 73-25-33, Mississippi Code of 1972, is 786
amended as follows: 787
73-25-33. (1) The practice of medicine shall mean * * * one 788
or more of the following, provided that nothing in this chapter 789
shall be construed to limit duly licensed health care 790
professionals from providing medical services within the scope of 791
their authorizing license: 792
(a) Holding oneself out to the public within this state 793
as being able to diagnose, treat, prescribe for, palliate or 794
prevent any human disease, ailment, injury, deformity or physical 795
or mental condition, whether by the use of drugs, surgery, 796
manipulation, technology or any physical, mechanical or other 797
means whatsoever; 798
(b) Suggesting, recommending, prescribing, or 799
administering any form of treatment, operation, or healing for the 800
intended palliation, relief or cure of any physical or mental 801
disease, ailment, injury, condition or defect of any person, with 802
or without the intention of receiving, either directly or 803
indirectly, any fee, gift or compensation; 804
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(c) Maintaining an office or other place to meet 805
persons or patients for the purpose of examining or treating 806
persons afflicted with disease, injury, defect of the body or mind 807
or other condition for which treatment is sought; 808
(d) Using the title "M.D.," "D.O.," "physician" or 809
"surgeon"; or 810
(e) Performing any kind of surgical operation upon 811
another person. 812
(2) Nothing herein shall be construed to prohibit, sanction, 813
or to require a license with respect to any of the following: 814
The practice of the following doctors as defined by the laws 815
of this state. Furthermore, this chapter is not intended to 816
limit, restrict, enlarge or alter the medical and/or surgical 817
privileges and practice of the following professions as provided 818
by the laws of this state: 819
(a) Dentistry (DDS or DMD); 820
(b) Optometry (OD); 821
(c) Chiropractic (DC); or 822
(d) Veterinarian (DVM) or (VDM). 823
(3) Nothing herein shall be construed to prohibit, sanction 824
or punish licensed nurses, nurse practitioners or advanced 825
practice nurses who are practicing within their scope of practice. 826
( * * *4) The practice of medicine shall not mean to provide 827
gender transition procedures for any person under eighteen (18) 828
years of age; or 829
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( * * *5) For purposes of this section, "gender transition 830
procedures" means the same as defined in Section 41-141-3. 831
(6) The board may, for the purposes of this chapter, issue 832
cease and desist orders to any person(s) it has probable cause to 833
believe is practicing medicine without first obtaining a license. 834
Thereafter, and in addition to any other civil remedy or criminal 835
penalty provided for by law, or in lieu thereof, the board shall 836
be authorized to seek injunctive relief and/or imposition of civil 837
penalties against the unlawful practice of medicine, provided that 838
the venue for any such action shall be the Chancery Court for the 839
First Judicial District of Hinds County, Mississippi. Civil 840
penalties from such actions shall be no less than One Thousand 841
Dollars ($1,000.00) and no more than Twenty-five Thousand Dollars 842
($25,000.00) for each offense. The court may also award the 843
prevailing party court costs and reasonable attorney fees and, if 844
the board prevails, may also award reasonable costs of 845
investigation and prosecution. 846
Any monetary penalty or assessment levied against an illegal 847
practitioner under this section shall be paid to the state upon 848
the expiration of the period allowed for appealing those 849
penalties, or may be paid sooner if the illegal practitioner so 850
chooses. Monetary penalties collected by the court under this 851
section shall be deposited to the credit of the General Fund. Any 852
monies collected for investigation and prosecution by the board 853
shall be deposited into the special fund of the board. 854
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SECTION 16. Section 73-25-34, Mississippi Code of 1972, is 855
amended as follows: 856
73-25-34. (1) For the purposes of this section, 857
telemedicine, or the practice of medicine across state lines, 858
shall be defined to include any one or both of the following: 859
(a) Rendering of a medical opinion concerning diagnosis 860
or treatment of a patient within this state by a physician located 861
outside this state as a result of transmission of individual 862
patient data by electronic or other means from within this state 863
to such physician or his agent; or 864
(b) The rendering of treatment to a patient within this 865
state by a physician located outside this state as a result of 866
transmission of individual patient data by electronic or other 867
means from within this state to such physician or his agent. 868
(2) Except as hereinafter provided, no person shall engage 869
in the practice of medicine across state lines (telemedicine) in 870
this state, hold himself out as qualified to do the same, or use 871
any title, word or abbreviation to indicate to or induce others to 872
believe that he is duly licensed to practice medicine across state 873
lines in this state unless he has first obtained a license to do 874
so from the State Board of Medical Licensure and has met all 875
educational and licensure requirements as determined by the State 876
Board of Medical Licensure. 877
* * * 878
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SECTION 17. Section 73-25-53, Mississippi Code of 1972, is 879
amended as follows: 880
73-25-53. * * * Any person holding a professional license 881
from the Mississippi State Board of Medical Licensure shall be 882
subject to restriction, suspension or revocation, as hereinafter 883
provided, in case of inability of the licensee to practice 884
medicine with reasonable skill or safety to patients by reason of 885
one or more of the following: 886
(a) Mental illness; 887
(b) Physical illness, including, but not limited to, 888
deterioration through the aging process, or loss of motor skill; 889
(c) Excessive use or abuse of drugs, including 890
alcohol * * *; and 891
(d) Behavioral conduct that could be addressed by 892
treatment. 893
SECTION 18. Section 73-25-55, Mississippi Code of 1972, is 894
amended as follows: 895
73-25-55. (1) If the State Board Of Medical Licensure has 896
reasonable cause to believe that a * * * licensee is unable to 897
practice medicine with reasonable skill and safety to patients 898
because of a condition described in Section 73-25-53, * * * the 899
board * * * shall cause an examination of such * * * licensee to 900
be made as described in subsection (2) of this section and shall, 901
following such examination, take appropriate action within the 902
provisions of Sections 73-25-51 through 73-25-67. 903
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(2) Examination of a * * * licensee under this section shall 904
be conducted by an examining committee. * * * The members of the 905
examining committee shall be designated by the Medical Director of 906
the Mississippi Physician Health Program (MPHP), and shall include 907
three (3) practicing physicians and at least one (1) psychiatrist 908
if a question of mental illness is involved. 909
SECTION 19. Section 73-25-57, Mississippi Code of 1972, is 910
amended as follows: 911
73-25-57. (1) The examining committee assigned to examine a 912
physician pursuant to referral by the board under Section 73-25-55 913
shall conduct an examination of such * * * licensee for the 914
purpose of determining the * * * licensee's fitness to practice 915
medicine with reasonable skill and safety to patients, either on a 916
restricted or unrestricted basis, and shall report its findings 917
and recommendations to the board. The committee shall order 918
the * * * licensee to appear before the committee for examination 919
and give him ten (10) days' notice of time and place of the 920
examination, together with a statement of the cause for such 921
examination. Such notice shall be served upon the * * * licensee 922
either personally or by registered or certified mail with return 923
receipt requested. 924
(2) If the examining committee, in its discretion, should 925
deem an independent mental or physical examination of the * * * 926
licensee necessary to its determination of the fitness of 927
the * * * licensee to practice, the committee shall order 928
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the * * * licensee to submit to such examination. Any person 929
licensed to practice medicine in this state shall be deemed to 930
have waived all objections to the admissibility of the examining 931
committee's report in any proceedings before the board under 932
Sections 73-25-51 through 73-25-67 on the grounds of privileged 933
communication. Any * * * licensee ordered to an examination 934
before the committee under subsection (2) shall be entitled to an 935
independent mental or physical examination if * * * the licensee 936
makes request therefor. 937
(3) Any * * * licensee who submits to a diagnostic mental or 938
physical examination as ordered by the examining committee shall 939
have a right to designate another physician to be present at the 940
examination and make an independent report to the board. 941
(4) Failure of a * * * licensee to comply with a committee 942
order under subsection (2) to appear before it for examination or 943
to submit to mental or physical examination under this section or 944
upon the withdrawal of advocacy by the Mississippi Physician 945
Health Program (MPHP) or successor entity, shall be reported by 946
the committee or MPHP to the board, and unless due to 947
circumstances beyond the control of the * * * licensee, shall be 948
grounds for suspension by the board of the * * * licensee's 949
license to practice medicine in this state until such time as 950
such * * * licensee has complied with the order of the committee, 951
or regained advocacy from MPHP. 952
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(5) The examining committee may inspect patient records in 953
accordance with the provisions of Section 73-25-28. 954
(6) All patient records, investigative reports and other 955
documents in possession of the board and examining committee shall 956
be deemed confidential and not subject to subpoena or disclosure 957
unless so ordered by the court from which the subpoena issued, but 958
the court, in its discretion, may limit use or disclosure of such 959
records. Notwithstanding, and to encourage the prompt reporting 960
of disabled practitioners, neither the board nor examining 961
committee shall reveal the identity of any source of information 962
where the source has requested anonymity. 963
SECTION 20. Section 73-25-59, Mississippi Code of 1972, is 964
amended as follows: 965
73-25-59. A * * * licensee may request in writing to the 966
board a restriction of his or her license to practice * * *. The 967
board may grant such request for restriction and shall have 968
authority, if it deems appropriate, to attach conditions to the 969
licensure * * * within specified limitations, and waive the 970
commencement of any proceeding under Section 73-25-63. Removal of 971
a voluntary restriction on licensure to practice medicine shall be 972
subject to the procedure for reinstatement of license in Section 973
73-25-65. 974
SECTION 21. Section 73-25-61, Mississippi Code of 1972, is 975
amended as follows: 976
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73-25-61. (1) The examining committee shall report to the 977
board its findings on the examination of the * * * licensee under 978
Section 73-25-57, the determination of the committee as to the 979
fitness of the * * * licensee to engage in the practice of 980
medicine with reasonable skill and safety to patients, either on a 981
restricted or unrestricted basis, and any management that the 982
committee may recommend. Such recommendation by the committee 983
shall be advisory only and shall not be binding on the board. 984
(2) The board may accept or reject the recommendation of the 985
examining committee to permit a * * * licensee to continue to 986
practice with or without any restriction on his or her license to 987
practice medicine, or may refer the matter back to the examining 988
committee for further examination and report thereon. 989
(3) In the absence of a voluntary agreement by a * * * 990
licensee under Section 73-25-59 * * *, any * * * licensee shall be 991
entitled to a hearing in formal proceedings before the board and a 992
determination on the evidence as to whether or not restriction, 993
suspension or revocation of licensure shall be imposed. 994
SECTION 22. Section 73-25-63, Mississippi Code of 1972, is 995
amended as follows: 996
73-25-63. (1) The board may proceed against a * * * 997
licensee under Sections 73-25-51 through 73-25-67 by serving upon 998
such physician at least fifteen (15) days' notice of a time and 999
place fixed for a hearing, together with copies of the examining 1000
committee's report and diagnosis, or a copy of the official notice 1001
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from the Mississippi Physician Health Program (MPHP) withdrawing 1002
advocacy. Such notice and reports shall be served upon the * * * 1003
licensee either personally or by * * * certified mail with return 1004
receipt requested or by electronic acknowledgement. 1005
(2) At said hearing the * * * licensee shall have the right 1006
to be present, to be represented by counsel, to produce witnesses 1007
or evidence in his or her behalf, to cross-examine witnesses, and 1008
to have subpoenas issued by the board. 1009
(3) At the conclusion of the hearing, the board shall make a 1010
determination of the merits and may issue an order imposing one or 1011
more of the following: 1012
(a) Make a recommendation that the * * * licensee 1013
submit to the care, counseling or treatment by physicians 1014
acceptable to the board * * *; 1015
(b) Suspend or restrict the license of the * * * 1016
licensee to practice medicine for the duration of his or her 1017
impairment * * *; or 1018
(c) Revoke the license of the * * * licensee to 1019
practice medicine. 1020
(4) The board may temporarily suspend the license of 1021
any * * * licensee without a hearing, simultaneously with the 1022
institution of proceedings for a hearing under this section, if it 1023
finds that the evidence * * * is clear, competent and unequivocal 1024
and that his or her continuation in practice would constitute an 1025
imminent danger to public health and safety. 1026
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(5) Neither the record of the proceedings nor any order 1027
entered against a * * * licensee may be used against him or her in 1028
any other legal proceedings except upon judicial review as 1029
provided herein. 1030
SECTION 23. Section 73-25-65, Mississippi Code of 1972, is 1031
amended as follows: 1032
73-25-65. (1) A * * * licensee whose licensure has been 1033
restricted, suspended or revoked under Sections 73-25-51 through 1034
73-25-67, voluntarily or by action of the board, shall have a 1035
right, at reasonable intervals, to petition for reinstatement of 1036
his or her license and to demonstrate that he or she can resume 1037
the competent practice of medicine with reasonable skill and 1038
safety to patients. Such petition shall be made in writing and on 1039
a form prescribed by the board. Action of the board on such 1040
petition shall be initiated by referral to and examination by the 1041
examining committee pursuant to the provisions of Sections 1042
73-25-55 and 73-25-57. The board may, upon written recommendation 1043
of the examining committee, restore the licensure of the * * * 1044
licensee on a general or limited basis or institute a proceeding 1045
pursuant to Section 73-25-63 for the determination of the fitness 1046
of the * * * licensee to resume his or her practice. 1047
(2) All orders of the board entered under Section 1048
73-25-63(3) * * * and (4) shall be subject to judicial review by 1049
appeal to the chancery court of the county of the residence of 1050
the * * * licensee involved against whom the order is rendered, 1051
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within twenty (20) days following the date of entry of the order, 1052
said appeal to be taken and perfected in the same manner as 1053
appeals from orders of boards of supervisors. 1054
SECTION 24. Section 73-25-83, Mississippi Code of 1972, is 1055
amended as follows: 1056
73-25-83. The board shall have authority to deny an 1057
application for licensure or other authorization to practice 1058
medicine in this state and to discipline a physician licensed or 1059
otherwise lawfully practicing within this state who, after a 1060
hearing, has been adjudged by the board as unqualified due to one 1061
or more of the following reasons: 1062
(a) Unprofessional conduct as defined in the physician 1063
licensure and disciplinary laws, pursuant to Section 73-25-29; 1064
(b) Professional incompetency in the practice of 1065
medicine or surgery; or 1066
(c) Having disciplinary action taken by his peers 1067
within any professional medical association or society, whether 1068
any such association or society is local, regional, state or 1069
national in scope, or being disciplined by a * * * hospital or 1070
medical staff of said hospital, or the voluntary surrender or 1071
restriction of hospital staff privileges while an investigation or 1072
disciplinary proceeding is being conducted by a licensed hospital 1073
or medical staff or medical staff committee of said hospital. 1074
Provided further, anybody taking action as set forth in this 1075
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paragraph shall report such action to the board within thirty (30) 1076
days of its occurrence. 1077
SECTION 25. Section 73-25-87, Mississippi Code of 1972, is 1078
amended as follows: 1079
73-25-87. (1) Whenever the board finds any person 1080
unqualified because of any of the grounds set forth in this act, 1081
or in violation of any the grounds set forth in Section 73-25-83, 1082
it may enter an order imposing one or more of the following: 1083
(a) Deny * * * an application for a license or other 1084
authorization to practice medicine; 1085
(b) Administer a public or private reprimand; 1086
(c) Suspend, limit or restrict * * * a license or other 1087
authorization to practice medicine for up to five (5) years, 1088
including limiting the practice of such person to, or by the 1089
exclusion of, one or more specified branches of medicine, 1090
including limitation on hospital privileges; 1091
(d) Revoke * * * a license or other authorization to 1092
practice medicine; 1093
(e) Require * * * a licensee to submit to care, 1094
counseling or treatment by physicians designated by the board, as 1095
a condition for initial, continued or renewal of licensure or 1096
other authorization to practice medicine; 1097
(f) Require * * * a licensee to participate in a 1098
program of education prescribed by the board; * * * 1099
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(g) Require * * * a licensee to practice under the 1100
direction of a physician designated by the board for a specified 1101
period of time * * *; 1102
(h) Place a licensee on probation, the terms of which 1103
may be set by the board; 1104
(i) In lieu of suspension, impose a punitive fine not 1105
to exceed Twenty-five Thousand Dollars ($25,000.00) per offense, 1106
with the cumulative total of all fines imposed not to exceed One 1107
Hundred Thousand Dollars ($100,000.00). All fines collected under 1108
this provision shall be deposited into the State General Fund; or 1109
(j) Take any other action which the board deems 1110
necessary. 1111
(2) By July 1, 2027, the board shall create and implement a 1112
penalty matrix in its rules and regulations to guide the board's 1113
decisions for appropriate penalties for violations, and which 1114
shall be available to the public. For purposes of this 1115
subsection, a penalty matrix shall be guidelines that recommend 1116
specific disciplinary actions based on a weighing of specific 1117
violations and the mitigating factors of a case, such as the 1118
severity of violations, disciplinary history of the respondent 1119
licensee, and degree of patient injury, if applicable, and seek to 1120
create more consistent and predictable outcomes to disciplinary 1121
hearings. 1122
SECTION 26. Section 73-25-89, Mississippi Code of 1972, is 1123
amended as follows: 1124
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73-25-89. If the board determines that evidence in its 1125
possession indicates that a physician's continuation in practice 1126
or unrestricted practice would constitute an immediate danger to 1127
the public, the board may take any of the same actions on a 1128
temporary basis, without a hearing, which it could otherwise take 1129
under Sections 73-25-81 through 73-25-95 following a hearing, 1130
provided proceedings for a hearing before the board are initiated 1131
simultaneously with such temporary action without a hearing. 1132
Provided, further, that in the event of such temporary action 1133
without a hearing, a hearing must be held within * * * thirty (30) 1134
days of such action. 1135
SECTION 27. Section 73-43-3, Mississippi Code of 1972, is 1136
amended as follows: 1137
73-43-3. (1) The State Board of Medical Licensure shall 1138
consist of nine (9) physicians. Each of the physicians shall have 1139
graduated from a medical school which has been accredited by the 1140
liaison committee on medical education as sponsored by the 1141
American Medical Association and the Association of American 1142
Medical Colleges or from an osteopathic medical school which has 1143
been accredited by the Bureau of Professional Education of the 1144
American Osteopathic Association, and have at least six (6) years' 1145
experience in the practice of medicine. No more than two (2) 1146
members of the board shall be a member of the faculty of the 1147
University of Mississippi School of Medicine. No more than four 1148
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(4) members of the board shall be from the same Mississippi 1149
Supreme Court district. 1150
(2) Three (3) physicians shall be nominated to the Governor 1151
for each appointive position by the Mississippi State Medical 1152
Association; and said nominations shall give due regard to 1153
geographic distribution, race and sex. The Governor shall appoint 1154
from said nominations the members of the board with the advice and 1155
consent of the Senate, but may also select nominees who are not 1156
nominated by the Mississippi State Medical Association and satisfy 1157
the requirements of this section. The original appointments of 1158
the board shall be made no later than June 30, 1980, for terms to 1159
begin on July 1, 1980. The Governor shall designate the initial 1160
terms of the members as follows: three (3) members shall be 1161
appointed for a term which expires July 1, 1982, three (3) members 1162
shall be appointed for a term which expires July 1, 1984, and 1163
three (3) members shall be appointed for a term which expires July 1164
1, 1986. Thereafter, all succeeding appointments shall be for 1165
terms of six (6) years from the expiration of the previous term. 1166
Vacancies in office shall be filled by appointment of the Governor 1167
in the same manner as the appointment to the position which 1168
becomes vacant, subject to the advice and consent of the Senate at 1169
the next regular session of the Legislature. 1170
(3) In addition to the physician board members, there shall 1171
be three (3) members appointed by the Governor, with the advice 1172
and consent of the Senate, who shall be members of the public not 1173
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related to the healthcare industry. No more than one (1) consumer 1174
member shall be from each Supreme Court District as they currently 1175
exist. The initial term of office for the member appointed from 1176
the First Supreme Court District shall be two (2) years and 1177
thereafter shall be six (6) years; the initial term of office for 1178
the member appointed from the Second Supreme Court District shall 1179
be three (3) years and thereafter shall be six (6) years; and the 1180
initial term of office for the member appointed from the Third 1181
Supreme Court District shall be four (4) years and thereafter 1182
shall be six (6) years. 1183
SECTION 28. The following shall be codified as Section 1184
73-43-19, Mississippi Code of 1972: 1185
73-43-19. The Mississippi State Board of Medical Licensure 1186
shall be provided with annual performance statistics from the 1187
Mississippi Physician's Health Program or its successor entity, 1188
which shall be available to the board and the public. These 1189
statistics shall not include information that constitutes 1190
personally identifiable information or protected health 1191
information of program participants, but instead shall include 1192
general statistics that can be used to evaluate the program's 1193
effectiveness. The Mississippi State Board of Medical Licensure 1194
shall have the authority to request and, if necessary, conduct 1195
performance audits of any additional information the board deems 1196
appropriate, which shall also be made public as long as the 1197
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ST: Board of Medical Licensure; revise
licensure status, definitions, procedure, fines
and temporary practice authority.
information does not include personal identifiable information or 1198
protected health information of program participants. 1199
SECTION 29. Sections 73-25-7, 73-25-9, 73-25-15, 73-25-19, 1200
73-25-25, 73-25-39 and 73-25-81, which relate to the regulation of 1201
the practice of medicine in the State of Mississippi, shall stand 1202
repealed from and after July 1, 2026. 1203
SECTION 30. This act shall take effect and be in force from 1204
and after July 1, 2026. 1205