State Board of Medical Licensure

Miss. Code Ann. tit. 73, ch. 43
in effect

Miss. Code Ann. § 73-43-1 State board of medical licensure established.

There is hereby created and established a board to be known as the state board of medical licensure.

Miss. Code Ann. § 73-43-3 Membership of board; selection; term of office; vacancies.

The state board of medical licensure shall consist of nine (9) physicians. Each of the physicians shall have graduated from a medical school which has been accredited by the liaison committee on medical education as sponsored by the American Medical Association and the Association of American Medical Colleges or from an osteopathic medical school which has been accredited by the Bureau of Professional Education of the American Osteopathic Association, and have at least six (6) years’ experience in the practice of medicine. No more than two (2) members of the board shall be a member of the faculty of the University of Mississippi School of Medicine. No more than four (4) members of the board shall be from the same Mississippi Supreme Court district. Three (3) physicians shall be nominated to the governor for each appointive position by the Mississippi State Medical Association; and said nominations shall give due regard to geographic distribution, race and sex. The governor shall appoint from said nominations the members of the board with the advice and consent of the senate. The original appointments of the board shall be made no later than June 30, 1980, for terms to begin on July 1, 1980. The governor shall designate the initial terms of the members as follows: Three (3) members shall be appointed for a term which expires July 1, 1982, three (3) members shall be appointed for a term which expires July 1, 1984, and three (3) members shall be appointed for a term which expires July 1, 1986. Thereafter, all succeeding appointments shall be for terms of six (6) years from the expiration of the previous term. Vacancies in office shall be filled by appointment of the governor in the same manner as the appointment to the position which becomes vacant, subject to the advice and consent of the senate at the next regular session of the legislature.

Miss. Code Ann. § 73-43-5 Officers; bylaws.

The state board of medical licensure is authorized to elect from its own members a president and secretary, and to create such other offices and adopt such by-laws as may be necessary for its efficient operation.

Miss. Code Ann. § 73-43-7 Quorum; meetings; compensation.

Five (5) members shall constitute a quorum, and a majority of those present shall be necessary to reject any application. All regular meetings of the board shall be held at least quarterly upon the call of the president, except the first meeting of the original appointees which shall be called by the Governor. The members of the board shall be entitled to a per diem of Forty Dollars ($40.00) for each day’s service in attending meetings of the board and for conducting examinations for professional certificates, and shall receive reimbursement for necessary expenses and mileage as is authorized by law.

Miss. Code Ann. § 73-43-9 Oath of office and commission.

Each member of the state board of medical licensure shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and file a certificate thereof in the office of the secretary of state, whereupon a commission shall be issued to him under the terms of his office.

Miss. Code Ann. § 73-43-11 Powers and duties of board.

The State Board of Medical Licensure shall have the following powers and responsibilities: Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists and physician assistants practicing with physician supervision; Considering applications for licensure; Conducting examinations for licensure; Investigating alleged violations of the medical practice act; Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses; Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses; To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3; To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities; Perform the duties prescribed by Sections 73-26-1 through 73-26-5; and Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101.

Miss. Code Ann. § 73-43-13 Executive officer.

The board shall appoint an Executive Director who possesses the necessary qualifications and experience to enable him to carry out the duties required by his office. The Executive Director who may be a physician, shall receive a salary set by the board, subject to the approval of the State Personnel Board, and shall serve at the will and pleasure of the board. The executive officers shall be vested with all the authority of the board when it is not in session, and he shall be subject to such rules and regulations as may be prescribed by the board.

Miss. Code Ann. § 73-43-14 Executive committee.

The State Board of Medical Licensure may appoint an executive committee, to be composed of three (3) of its members, with a chairman to be designated by the board from the members appointed to said committee. The executive committee shall have authority to execute all the powers vested in the board, in the interim of the meetings of the board. The executive committee shall have the authority to conduct licensure hearings pursuant to Section 73-25-27, provided that the power to revoke shall be subject to approval of the board. Any person aggrieved by a decision of the executive committee regarding licensure may appeal to the board. Any person aggrieved by an action of the board regarding licensure may appeal to the Chancery Court of the First Judicial District of Hinds County. Any action of the executive committee shall be legal and binding until modified or annulled by the board, and all pains and penalties prescribed for violating the rules of the board shall apply to any violation of rules and regulations that may be prescribed by the executive committee. Any two (2) members of the executive committee shall be a quorum for the transaction of business. All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

Miss. Code Ann. § 73-43-15 Repealed.

Repealed by Laws of 1984, ch. 358, eff from and after July 1, 1984. [Laws, 1980, ch. 458, § 3(3) ]

Miss. Code Ann. § 73-43-17 Venue of actions against board.

Unless otherwise provided for by law, the venue of actions against the state board of medical licensure wherein said board is a defendant shall be the first judicial district of Hinds County, Mississippi.

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