reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2630 - Collaboration › Chapter 2 - The Supervision of Pharmacists › Rule 30-2630-2.4 - Board Review - Protocol Format

Current through June 25, 2024
A. Before any
				physician shall execute a protocol to supervise a pharmacist in the care or
				consultation with a patient, or initiation and/or modification of prescription
				drug therapy, and/or ordering lab work, the supervising physician must jointly
				execute a written guideline or protocol with the pharmacist and thereafter file
				the same with the Mississippi State Board of Medical Licensure.
B. No protocol agreement authorizing the care
				or consultation with a patient, or initiation and/or modification of
				prescription drug therapy shall be executed by a physician unless the protocol
				shall meet at a minimum the following requirements:
1. Identifies the physician who agrees to
				supervise the pharmacist and the scope of the physician's active
				practice.
2. Describes the specific
				responsibilities authorized by the supervising physician.
3. Describes the method the pharmacist shall
				use to document decisions or recommendations the pharmacist makes to the
				supervising physician.
4. Describes
				the patient activities the supervising physician requires the pharmacist to
				monitor.
5. Describes the types of
				reports the supervising physician requires the pharmacist to report and the
				schedule by which the pharmacist is to submit these reports.
6. Includes a statement of the medication
				categories and the type of initiation and modification of drug therapy that the
				supervising physician authorizes the pharmacist to perform.
7. Describes the procedures or plan that the
				pharmacist shall follow if the pharmacist exercises initiation and modification
				of drug therapy.
8. Indicates the
				date the supervising physician's supervision ends. The duration of the protocol
				agreement shall not exceed one (1) year.
9. Be dated and signed by the pharmacist(s)
				and the supervising physician. If more than one physician agrees to supervise
				the pharmacist(s), each physician and pharmacist(s) shall sign and date the
				protocol.
10. Includes a statement
				that stipulates that the patient has been notified by the pharmacist(s) and the
				supervising physician that a protocol agreement exists.
11. Includes a statement which certifies that
				the physician(s) has advised their respective malpractice liability carriers
				concerning the protocol and supervisory relationship, and that any potential
				liability that may ensue as a result of implementing the protocol agreement,
				shall be covered by the malpractice liability insurance policies or
				endorsements thereto.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2630 - Collaboration › Chapter 2 - The Supervision of Pharmacists › Rule 30-2630-2.5 - Supervising Physician Limited

Current through June 25, 2024
No physician shall be authorized to supervise a pharmacist
				  unless that physician holds an unrestricted license to practice in the state of
				  Mississippi. Likewise, no physician shall be authorized to supervise a
				  pharmacist unless that pharmacist holds an unrestricted license to practice in
				  the state of Mississippi.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2630 - Collaboration › Chapter 2 - The Supervision of Pharmacists › Rule 30-2630-2.6 - Termination or Changes in the Protocol

Current through June 25, 2024
Any physician desirous of termination or amending the
				  supervisory protocol with a pharmacist shall so notify in writing, the
				  pharmacist, the Mississippi State Board of Pharmacy and the Mississippi State
				  Board of Medical Licensure to the attention of the Executive Director. The
				  notification shall include the name of the pharmacist, the desired change, and
				  proposed effective date of change.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2630 - Collaboration › Chapter 2 - The Supervision of Pharmacists › Rule 30-2630-2.7 - Violation of Rules/Disapproval of Supervision

Current through June 25, 2024
Any violation of the rules as enumerated above shall
				  constitute unprofessional conduct in violation of Mississippi Code, Section
				  73-25-29(8).
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2630 - Collaboration › Chapter 2 - The Supervision of Pharmacists › Rule 30-2630-2.8 - Effective Date of Rules

Current through June 25, 2024
The above rules pertaining to supervising physicians shall
				  become effective November 18, 1999.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 1 - Surgery/Post-Operative Care › Rule 30-2635-1.1 - Scope

Current through June 25, 2024
The following regulation sets forth the policies of the
				  Mississippi State Board of Medical Licensure regarding post-operative surgical
				  care rendered by individuals licensed to practice medicine, osteopathic
				  medicine and podiatric medicine in the state of Mississippi.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 1 - Surgery/Post-Operative Care › Rule 30-2635-1.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 1 only, the following
				  terms have the meanings indicated:
A.
				"
Auxiliary
" or "
Auxiliaries
"
				shall include, but is not limited to, registered nurses, licensed practical
				nurses, certified nursing assistants, physical therapists, nurse practitioners
				and optometrists.
B.
				"
Under the supervision
" means to critically watch,
				direct, advise and oversee, and to inspect and examine the actions of another
				health care practitioner.
C.
				"
Physician
" means any person licensed to practice
				medicine, osteopathic medicine or podiatric medicine in the state of
				Mississippi.
D.
				"
Surgery
" is defined as any operative procedure,
				including the use of lasers, performed upon the body of a living human being
				for the purposes of preserving health, diagnosing or curing disease, repairing
				injury, correcting deformity or defects, prolonging life, relieving suffering
				or any elective procedure for aesthetic, reconstructive or cosmetic purposes,
				to include, but not be limited to: incision or curettage of tissue or organ;
				suture or other repair of tissue or organ, including a closed as well as an
				open reduction of a fracture; extraction of tissue including premature
				extraction of the products of conception from the uterus; insertion of natural
				or artificial implants; or an endoscopic procedure.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 1 - Surgery/Post-Operative Care › Rule 30-2635-1.3 - Informed Consent

Current through June 25, 2024
The responsibility for medical and surgical diagnoses is
				  that of the licensed physician. In addition, it is the responsibility of the
				  operating physician to explain the procedure and to obtain informed consent of
				  the patient. It is not necessary, however, that the operating physician obtain
				  or witness the signature of a patient on a written form evidencing informed
				  consent.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 1 - Surgery/Post-Operative Care › Rule 30-2635-1.4 - Post-Surgical Care

Current through June 25, 2024
The management of post-surgical care is the responsibility
				  of the operating physician. The operating physician should provide those
				  aspects of post-surgical care which are within the unique competence of the
				  physician. Patients are best served by having post-surgical care conducted by
				  the physician who best knows their condition--the operating physician.
Where the operating physician cannot personally provide
				  post-surgical care, the physician must arrange
before
surgery for post-surgical care to be
				  performed by another qualified physician who is acceptable to the patient. In
				  this case, the operating physician may delegate discretionary postoperative
				  activities to a qualified licensed physician. Like the operating physician, the
				  physician to whom a patient has been referred for post-surgical care should
				  provide, at a minimum, those aspects of post-surgical care that are not
				  delegable.
Unless otherwise provided by law, delegation of
				  post-surgical activities to an auxiliary is permitted only if the auxiliary is
				  under the supervision of the operating physician or the physician to whom the
				  operating physician has referred a patient for post-surgical care. While an
				  auxiliary may be authorized by law to provide certain aspects of post-surgical
				  care, this does not relieve the operating physician of his or her
				  responsibility to provide post-surgical care or arrange for the delegation of
				  post-surgical care, when appropriate, as required by this rule.
Those aspects of post-surgical care which may be delegated
				  to an auxiliary must be determined on a case-by-case basis, but shall be
				  limited to those procedures which the auxiliary is authorized by law to perform
				  and within the unique competence and training of the auxiliary.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 1 - Surgery/Post-Operative Care › Rule 30-2635-1.5 - Effective Date of Rules

Current through June 25, 2024
The rules pertaining to Surgery/Post-Operative Care shall
				  become effective October 23, 1994. Amended March 16, 2017.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.1 - Scope

Current through June 25, 2024
This regulation sets forth the policies of the Mississippi
				  State Board of Medical Licensure regarding office based surgery rendered by
				  individuals licensed to practice medicine, osteopathic medicine and podiatric
				  medicine in the state of Mississippi.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 2 only, the following
				  terms have the meanings indicated:
A.
				"
Surgery
" is defined as any operative procedure,
				including the use of lasers, performed upon the body of a living human being
				for the purposes of preserving health, diagnosing or curing disease, repairing
				injury, correcting deformity or defects, prolonging life, relieving suffering
				or any elective procedure for aesthetic, reconstructive or cosmetic purposes,
				to include, but not be limited to: incision or curettage of tissue or organ;
				suture or other repair of tissue or organ, including a closed as well as an
				open reduction of a fracture; extraction of tissue including premature
				extraction of the products of conception from the uterus; insertion of natural
				or artificial implants; or an endoscopic procedure. The use of local, general
				or topical anesthesia and/or intravenous sedation is the prerogative of the
				surgeon.
B.
				"
Surgeon
" is defined as a licensed physician
				performing any procedure included within the definition of surgery.
C. Implicit within the use of the term
				"
equipment
" is the requirement that the specific item
				named must meet current performance standards.
D. "
Office surgery
"
				is defined as surgery which is performed outside a hospital, an ambulatory
				surgical center, abortion clinic, or other medical facility licensed by the
				Mississippi State Department of Health or a successor agency. Physicians
				performing Level II or Level III office based surgery must register with the
				Mississippi State Board of Medical Licensure. A copy of the registration form
				is attached hereto (Appendix A).
E.
				A "
Surgical Event
" for the purpose of this regulation
				is recognized as a potentially harmful or life-threatening episode related to
				either the anesthetic or the surgery. Any " Surgical Event" in the immediate
				perioperative period that must be reported are those which are
				life-threatening, or require special treatment, or require hospitalization,
				including, but not limited to the following:
(1) serious cardiopulmonary or anesthetic
				events;
(2) major anesthetic or
				surgical complications;
(3)
				temporary or permanent disability;
(4) coma; or
(5)
				death.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.4 - Level I Office Surgery

Current through June 25, 2024
A. Scope
1. Level I office surgery includes, but not
				limited to, the following:
i. Minor
				procedures such as excision of skin lesions, moles, warts, cysts, lipomas, Loop
				Electrosurgical Excision Procedures (LEEP), laser cone of cervix, laser/cautery
				ablation of warts or other lesions, and repair of lacerations or surgery
				limited to the skin and subcutaneous tissue performed under topical or local
				anesthesia not involving drug-induced alteration of consciousness.
ii. Incision and drainage of superficial
				abscesses, limited endoscopies such as proctoscopies, flexible sigmoidoscopies,
				hysteroscopies, skin biopsies, arthrocentesis, paracentesis, dilation of
				urethra, cystoscopy procedures, and closed reduction of simple fractures or
				small joint dislocations (i.e., finger and toe joints).
iii. Procedures requiring only topical, local
				or no anesthesia. Only minimal or no preoperative sedation should be required
				or used. No drug-induced alteration of respiratory effort or consciousness
				other than minimal pre-operative tranquilization of the patient is permitted in
				Level I Office Surgery.
iv. Chances
				of complication requiring hospitalization are remote.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.5 - Level II Office Surgery

Current through June 25, 2024
A. Scope
1. Level II Office Surgery is that in which
				perioperative medication and sedation are used orally, intravenously,
				intramuscularly, or rectally. If perioperative or intraoperative medication is
				administered, intraoperative and postoperative monitoring is required. Such
				procedures include, but are not limited to: hernia repair, hemorrhoidectomy,
				reduction of simple fractures, large joint dislocations, breast biopsies,
				dilatation and curettage, thoracentesis, and colonoscopy.
2. Level II Office surgery also includes any
				surgery in which the patient is sufficiently sedated to allow the patient to
				tolerate unpleasant procedures while maintaining adequate cardiorespiratory
				function and the ability to respond purposefully to verbal command and/or
				tactile stimulation. Patients whose only response is reflex withdrawal from a
				painful stimulus are sedated to a greater degree than encompassed by this
				definition.
3. Any procedures that
				may yield an excessive loss of blood should be covered under Level II.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.6 - Level III Office Surgery

Current through June 25, 2024
A. Scope
1. Level III Office Surgery is that surgery
				which involves, or might foreseeably require, the use of a general anesthesia
				or major conduction anesthesia and perioperative sedation. This includes the
				use of:
i. Intravenous sedation beyond that
				defined for Level II office surgery;
ii. General Anesthesia: loss of consciousness
				and loss of vital reflexes with probable requirement of external support of
				pulmonary or cardiac functions; or
iii. Major Conduction
				anesthesia.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 2 - Office Based Surgery › Rule 30-2635-2.7 - Effective Date of Rules

Current through June 25, 2024
The above rules pertaining to office based surgery shall
				  become effective September 1, 2001.
Adopted July 31, 2001. Amended April 18, 2002, with a
				  June 1, 2002, effective date. Amended September 19, 2002. Amended March 16,
				  2017.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 3 - Laser Devices › Rule 30-2635-3.1 - Laser Devices

Current through June 25, 2024
The use of laser, pulsed light or similar devices, either
				  for invasive or cosmetic procedures, is considered to be the practice of
				  medicine in the state of Mississippi and therefore such use shall be limited to
				  physicians and those directly supervised by physicians, such that a physician
				  is on the premises and would be directly involved in the treatment if required.
				  These rules shall not apply to any person licensed to practice dentistry if the
				  laser, pulsed light, or similar device is used exclusively for the practice of
				  dentistry.
Adopted March 18, 1999. Amended May 19, 2005. Amended
				  January 18, 2007. Amended March 8, 2007. Amended May 17, 2007. Amended March
				  27, 2008.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 4 - Chelation Therapy › Rule 30-2635-4.1 - Chelation Therapy

Current through June 25, 2024
The use of EDTA (ethylenediaminetetraacetic acid) outside of
				  FDA approved clinical indications or an approved research protocol (see below)
				  is not permitted. Other off-label uses may be permissible if there is
				  substantial, high-quality research to support such use. The research should be
				  peer-reviewed and published in recognized journals such as those cited in
				  PubMed or in the National Library of Medicine. Specific reference should be
				  made to the publications and research in the medical record. Informed consent
				  for off-label use should be obtained. Use of EDTA in any other manner may be
				  considered to be violation of Mississippi Code, Section
				  73-25-29(8)(d).
However, EDTA may be used when a licensee experienced in
				  clinical investigations has applied for and received from the Board written
				  approval for off-label use in a clinical investigation. The licensee applying
				  for approval must be the principal investigator for the protocol or subject to
				  the direction of the principal investigator.
Advertising EDTA's administration for off-label use, except
				  for approved research protocols, is prohibited. Such advertising may be
				  considered to be violation of Mississippi Code, Section
				  73-25-29(8)(d)
				  and/or the rules promulgated pursuant thereto.
Adopted July 18, 2002. Amended March 16, 2017.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.1 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 5 only, the following
				  terms have the meanings indicated:
A.
				"Provider" means any physician or physician assistant who holds an unrestricted
				license to practice medicine in the state of Mississippi.
B. "Telemedicine" is the practice of medicine
				by a licensed healthcare provider using HIPAA-compliant telecommunication
				systems, including information, electronic, and communication technologies,
				remote monitoring technologies and store-and-forward transfer technology. These
				technologies may be used to facilitate, but are not limited to, provider to
				patient or provider to provider interactions. The technology must be capable of
				replicating the interaction of a traditional in-person encounter between a
				provider and a patient. This definition does not include the practice of
				medicine through postal or courier services.
C. "Emergency Telemedicine" is a unique
				combination of telemedicine used in a consultative interaction between a
				physician board certified, or board eligible, in emergency medicine, and an
				appropriate skilled health professional (nurse practitioner or physician
				assistant).
D. "Primary Center" is
				any facility providing telemedicine services to Satellite Centers, as defined
				in definition 'G'.
E. "Remote
				Monitoring" is defined as the use of technology to remotely track health care
				data for a patient released to his or her home or a care facility, usually for
				the intended purpose of reducing readmission rates.
F. "Real-Time Telemedicine" is defined as
				real-time communication using interactive audio and visual equipment, such as a
				video conference with a specialist, also known as 'synchronous
				communication.'
G. "Satellite
				Center" is any facility receiving telemedicine services from a Primary Center,
				as defined in definition 'D'.
H.
				"Store-and-Forward Transfer Technology" is defined as technology which
				facilitates the gathering of data from the patient, via secure email or
				messaging service, which is then used for formulation of a diagnosis and
				treatment plan, also known as 'asynchronous communication.'
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.2 - Licensure

Current through June 25, 2024
The practice of medicine is deemed to occur in the location
				  of the patient. Therefore, only providers holding a valid Mississippi license
				  are allowed to practice any form of telemedicine, as defined in R.5.1, in Mississippi. The
				  interpretation of clinical laboratory studies as well as pathology and
				  histopathology studies performed by physicians without Mississippi licensure is
				  not the practice of telemedicine provided a Mississippi licensed provider is
				  responsible for accepting, rejecting, or modifying the interpretation. The
				  Mississippi licensed provider must maintain exclusive control over any
				  subsequent therapy or additional diagnostics.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.3 - Informed Consent

Current through June 25, 2024
The provider using any form of telemedicine, as defined in
				  R.5.1, should obtain the patient's
				  informed consent before providing care via telemedicine technology. In addition
				  to information relative to treatment, the patient should be informed of the
				  risk and benefits of being treated via a telemedicine network including how to
				  receive follow-up care or assistance in the event of an adverse reaction to
				  treatment or if there is a telemedicine equipment failure.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.4 - Physician Patient Relationship

Current through June 25, 2024
In order to practice any form of telemedicine, as defined in
				  R.5.1, a valid "physician patient
				  relationship" must be established. The elements of this valid relationship
				  are:
A. verify that the person
				requesting the medical treatment is in fact who they claim to be;
B. conducting an appropriate history and
				physical examination of the patient that meets the applicable standard of
				care;
C. establishing a diagnosis
				through the use of accepted medical practices, i.e., a patient history, mental
				status exam, physical exam and appropriate diagnostic and laboratory
				testing;
D. discussing with the
				patient the diagnosis, risks and benefits of various treatment options to
				obtain informed consent;
E.
				insuring the availability of appropriate follow-up care; and
F. maintaining a complete medical record
				available to patient and other treating health care providers.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.5 - Examination

Current through June 25, 2024
Providers using telemedicine technologies to provide medical
				  care to patients located in Mississippi must provide an appropriate examination
				  prior to diagnosis and treatment of the patient. However, this exam need not be
				  in person if the technology is sufficient to provide the same information to
				  the physician as if the exam had been performed face to face.
Store-and-Forward Transfer Technology may be used to enhance,
				  but never replace, real-time provider-patient interaction. Provider-patient
				  interaction may be audio-visual or audio only where medically
				  appropriate.
Other exams may be appropriate if a licensed health care
				  provider is on site with the patient and is able to provide various physical
				  findings that the physician needs to complete an adequate assessment. However,
				  a simple questionnaire without an appropriate exam is in violation of this
				  policy and may subject the physician to discipline by the
				  Board.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.6 - Medical Records

Current through June 25, 2024
The provider treating a patient through a telemedicine
				  network must maintain a complete record of the patient's care. The provider
				  must maintain the record's confidentiality and disclose the record to the
				  patient consistent with state and federal laws. If the patient has a primary
				  treating physician and a telemedicine provider for the same medical condition,
				  then the primary physician's medical record and the telemedicine provider's
				  record constitute one complete patient record.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.7 - Consultative Physician Limited

Current through June 25, 2024
A duly licensed physician may remotely consult with a duly
				  licensed and qualified Advanced Practice Registered Nurse ("APRN") or
				  Physician's Assistant ("PA"), who is in a hospital setting, using telemedicine.
				  The physician providing Emergency Telemedicine must be either board certified
				  or board eligible in emergency medicine. The Board may waive this requirement
				  under extra ordinary circumstances.
For the purposes of Emergency Telemedicine services,
				  licensees will only be authorized to provide the aforementioned services to
				  those emergency departments of licensed hospitals who have an average daily
				  census of fifty (50) or fewer acute care/medical surgical occupied beds as
				  defined by their Medicare Cost Report. Exceptions may be considered by the
				  Board for physicians affiliated with facilities maintaining greater than fifty
				  (50) beds, but not more than one hundred (100) beds.
Satellite Centers who receive telemedicine
				  services/assistance from a Primary Center must have a transfer agreement with a
				  facility that offers a higher level of care, in order to send any patients who
				  require transfer for a higher level of care.
Miss. Code
				  Ann., §
										73-25-34(1972)
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.8 - Reporting Requirements

Current through June 25, 2024
Annual reports detailing quality assurance activities,
				  adverse or sentinel events shall be submitted for review to the Mississippi
				  State Board of Medical Licensure by all institutions and/or hospitals operating
				  telemergency programs.
Miss. Code Ann. §
										73-25-34
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 5 - Practice of Telemedicine › Rule 30-2635-5.9 - Automated Dispensaries

Current through June 25, 2024
Recognizing the emergence of sophisticated technology which
				  allows certain levels of automation to the usual and customary process of
				  seeing a provider, to include obtaining a prescription and then filling that
				  prescription at a pharmacy, automated dispensary systems which provide the
				  patient's medications pursuant to a valid telemedicine visit with a licensee of
				  the Board will not be considered in violation of Part 2640, Rule
				  1.9
Requirements for Dispensing Physicians
. Any physician
				  utilizing the automated dispensary will be responsible for the proper
				  maintenance and inventory/accountability requirements as if the physician were
				  personally dispensing the medications to the patient from his or her stock in
				  their personal practice, as required in Rule 1.9 of Part 2640. An automated
				  dispensary may not dispense controlled substances, and refills of medications
				  may not be issued without a follow-up visit with the physician.
Of paramount importance to any automated dispensary process
				  is the continued emphasis on a patient's freedom of choice, as it pertains to
				  selecting a pharmacy to fill any prescriptions authorized. The failure of any
				  system utilizing an automated dispensary to appropriately advise the patient of
				  his or her right to choose where their medications are filled will constitute a
				  violation of Part 2640, Rule 1.12
Freedom of Choice
.
Any telemedicine service devices or systems which contain
				  automated dispensaries, containing medications ordered and maintained by
				  physician licensees, shall be subject to the oversight of the Board and the
				  Mississippi Board of Pharmacy, as stated in Part 2640, Rule 1.9, and may not
				  operate in this state until approved by both Boards.
Miss. Code Ann.
				  §
										73-25-34 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 6 - Electrodiagnostic Testing › Rule 30-2635-6.1 - General

Current through June 25, 2024
Electrodiagnostic testing includes two primary categories:
				  needle electromyography testing and nerve conduction testing.
The purpose of both categories of electrodiagnostic testing
				  is to detect abnormalities of the peripheral neuromuscular system or to
				  determine the extent and degree of recovery of neuromuscular abnormalities.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 6 - Electrodiagnostic Testing › Rule 30-2635-6.2 - Delegation of Electrodiagnostic Testing Procedures

Current through June 25, 2024
Electrodiagnostic testing is a clinical diagnostic study
				  that must be considered only in the light of the clinical finding. The person
				  performing electrodiagnostic testing must be able to elicit the pertinent
				  history and perform the necessary examination to define the clinical problems.
				  Differential diagnoses must be considered, and as abnormalities unfold or fail
				  to unfold during the course of testing, the electrodiagnostic testing may be
				  modified until a probable diagnosis is reached.
Electrodiagnostic testing procedures may be delegated to a
				  specifically trained non-physician or physician in a residency or fellowship
				  training program. The responsible electrodiagnostic physician need not be
				  physically present but must be immediately available within the same building
				  throughout the performance of the entire procedure.
Adopted November 20, 2003. Amended March 16,
				  2017.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 7 - Internet Prescribing › Rule 30-2635-7.1 - Internet Prescribing

Current through June 25, 2024
Essential components of proper prescribing and legitimate
				  medical practice require that the physician obtains a thorough medical history
				  and conducts an appropriate physical and/or mental examination before
				  prescribing any medication.
Prescribing drugs to individuals that the physician has
				  never met and based solely on answers to a set of questions, as is found in
				  Internet or toll-free telephone prescribing fails to meet an acceptable
				  standard of care and could constitute unprofessional conduct subject to
				  disciplinary action.
Adopted September 18, 2003. Amended July 15, 2004.
				  Amended March 16, 2017.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.1 - Authority and Purpose

Current through June 25, 2024
The Mississippi State Board of Medical Licensure
				  (hereinafter referred to as "the Board" ) adopts these rules governing medical
				  expert activities by physicians pursuant to Chapters 25 and 43 of Title 73 of
				  the Mississippi Code. The Mississippi State Board of Medical Licensure finds it
				  necessary to fulfill its statutory responsibilities by adopting these rules in
				  order to protect the public, to set professional standards, to enforce the
				  provisions of law regarding the performance of medical expert activities by
				  physicians, and to further other legitimate government purposes in the public
				  interest.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.2 - Scope

Current through June 25, 2024
These rules apply to any physician who performs medical
				  expert activities regarding any person, facility, or entity located within the
				  state of Mississippi, or regarding an event alleged to have occurred within the
				  state of Mississippi, regardless of the location, type, or status of the
				  physician's medical expert activity, the presence or absence of the physician
				  expert's license to practice medicine in Mississippi, the physician expert's
				  presence or absence of a physician-patient relationship in Mississippi, the
				  type of medical expert activity performed (e.g., oral testimony or a written
				  statement), or the setting in which the medical expert activity is performed
				  (e.g., a state or federal court or administrative agency).
No part of these rules is intended to conflict with or
				  supercede the authority of any state or federal court or administrative agency
				  to designate a physician as a medical expert in a legal matter then pending
				  before the court or agency. The Board does not intend for these rules to
				  conflict with or supercede the description or regulation of the function of a
				  physician serving as an "expert" as that term is used in the Mississippi Rules
				  of Evidence or in other provisions of law, rules, or decisions of any court or
				  administrative agency.
No part of these rules is intended to conflict with or
				  supercede the authority of a person other than a physician to serve as an
				  expert in a legal matter. Furthermore, the Board does not intend for these
				  rules to have any effect on physicians' participation in legal proceedings in a
				  capacity other than as a medical expert.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.3 - Definition of Medical Expert Activities

Current through June 25, 2024
For the purposes of these rules only, the Mississippi State
				  Board of Medical Licensure has determined that the definition of the term
				  "medical expert activities" includes, but is not limited to, the use of medical
				  knowledge and professional judgment by a physician to:
A. Suggest or recommend to a person any
				medical advice or other agency (whether material or not material).
B. Perform medical services (including, but
				not limited to, a physical or mental examination of a person).
C. Conduct a review of a person's medical
				record.
D. Serve as a medical
				consultant.
E. Render a medical
				opinion concerning the diagnosis or treatment of a person.
F. Produce a written medical expert opinion
				report, affidavit, or declaration.
G. Give testimony under oath as a medical
				expert at a state or federal hearing, deposition, trial, administrative agency
				proceeding, alternative dispute resolution proceeding, or any other legal
				proceeding, regarding the medical issues in a legal matter or claim for
				injuries that is then pending in a court or administrative agency, or which may
				be filed or asserted whether or not such claim ever results in a pending legal
				matter and which involves a person, facility, or entity located within the
				state of Mississippi, or an event alleged to have occurred within the state of
				Mississippi.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.4 - Licensure and Qualification Requirements

Current through June 25, 2024
Except as otherwise provided by law, rule or regulation of
				  this state, any medical expert activity by a physician regarding a legal matter
				  pending in a state or federal court or administrative agency in Mississippi
				  must be performed by a physician who holds a current unrestricted medical
				  license in Mississippi, another state or foreign jurisdiction, and who has the
				  qualifications to serve as a medical expert on the issue(s) in question by
				  virtue of knowledge, skill, experience, training, or education. This rule does
				  not supersede the policies and rules of the Board in regards to unreferred
				  diagnostic screening tests.
The practice of any physician not licensed in Mississippi
				  that meets the licensure and qualification requirements stated in the above
				  paragraph shall be deemed automatically by the Board to be authorized to
				  include the performance of medical expert activities as an otherwise lawful
				  practice, without any need for licensure verification or further requirement
				  for licensure. In accordance with the provisions of law in Mississippi, any
				  physician not licensed in Mississippi whose practice is deemed automatically by
				  the Board to be authorized to include the performance of medical expert
				  activities as an otherwise lawful practice shall be subject to regulation by
				  the Board regarding the physician's performance of such medical expert
				  activities in the state of Mississippi.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.5 - Professional Standards

Current through June 25, 2024
Any physician who performs medical expert activities
				  must:
A. Comply with these rules and
				all applicable provisions of Mississippi law (e.g., statutes, court rules and
				decisions, and other administrative agency rules) with regard to the
				performance of medical expert activities.
B. Comply with medical ethics principles,
				including, but not limited to, ethics principles established by the American
				Medical Association and relevant medical specialty associations.
C. Be honest in all professional interactions
				involving his or her medical expert activities.
D. Not accept payment for medical expert
				activities that is contingent upon the result or content of any medical
				diagnosis, opinion, advice, services, report, or review; or that is contingent
				upon the outcome of any case, claim, or legal matter then pending or
				contemplated.
E. Not make or use
				any false, fraudulent, or forged statement or document.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.6 - Professional Accountability for Violation of Rules

Current through June 25, 2024
Any physician who performs medical expert activities,
				  whether or not licensed to practice medicine in Mississippi, may be disciplined
				  or otherwise held professionally accountable by the Board, upon a finding by
				  the Board that the physician is unqualified as evidenced by behavior including,
				  but not limited to, incompetent professional practice, unprofessional conduct,
				  or any other dishonorable or unethical conduct likely to deceive, defraud, or
				  harm the public.
Any violation of Part 2635, Rule
				  8.5 as enumerated above shall
				  constitute unprofessional conduct in violation of Mississippi Code, Section
				  73-25-29(8).
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 9 - Community-Based Immunization Programs › Rule 30-2635-9.1 - Scope

Current through June 25, 2024
The administration of vaccinations constitutes the practice
				  of medicine, as defined by Mississippi Code Section
				  73-43-11,
				  and thus may only be performed by a physician licensed to practice medicine in
				  this state, or by a licensed nurse under the direction and supervision of a
				  licensed physician.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 9 - Community-Based Immunization Programs › Rule 30-2635-9.2 - Position

Current through June 25, 2024
It is the position of the Mississippi State Board of Medical
				  Licensure that vaccinations administered pursuant to a community-based public
				  immunization program are considered to be under the direction and supervision
				  of a physician, and thus do not constitute the unlawful practice of medicine,
				  when all of the following criteria are met:
A. the vaccinations are administered to the
				public by a licensed provider who is:
1.
				authorized under Mississippi statute or regulation to provide vaccinations and
				is
2. subject to the regulation of
				a Mississippi regulatory agency.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 9 - Community-Based Immunization Programs › Rule 30-2635-9.3 - Position

Current through June 25, 2024
It is the position of the Mississippi State Board of Medical
				  Licensure that vaccinations administered pursuant to a community-based public
				  immunization program are considered to be under the direction and supervision
				  of a physician, and thus do not constitute the unlawful practice of medicine,
				  when all of the following criteria are met:
A. the vaccinations are administered to the
				public by a licensed nurse and
B.
				are carried out pursuant to state and federal public health immunization
				programs or other programs which:
1. shall be
				approved in advance by the Board;
2. shall be conducted under the general
				supervision of a physician licensed in the state of Mississippi , who is in at
				least part-time practice of medicine and resides in the state of Mississippi;
				and,
3. a single physician assumes
				responsibility for the safe conduct of the immunization program.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 10 - Release of Medical Records › Rule 30-2635-10.1 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 10 only, the following
				  terms have the meanings indicated:
A.
				"
Licensee
" means any person licensed to practice by
				the Mississippi State Board of Medical Licensure (the "Board").
B. "
Medical Records
"
				means all records and/or documents relating to the treatment of a patient,
				including, but not limited to, family histories, medical histories, report of
				clinical findings and diagnosis, laboratory test results, x-rays, reports of
				examination and/or evaluation, billing records, and any hospital
				admission/discharge records which the licensee may have, or which is otherwise
				maintained by the group or facility wherein said licensee practices
				medicine.
C.
				"
Patient
" means any person who receives or should have
				received health care from a licensee, under a contract, express or implied,
				whether or not the licensee is compensated for services rendered.
D. "
Legal
				Representative
" means an attorney, guardian, custodian, or in the
				case of a deceased patient, the executor/administrator of the estate, surviving
				spouse, heirs and/or devisees.1
E. "
Authorized Requesting
				Party
" includes patient and legal representative as defined above
				who holds a valid written release and authorization.
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 10 - Release of Medical Records › Rule 30-2635-10.2 - Medical Records - Property of Licensee

Current through June 25, 2024
Medical records, as defined herein, are and shall remain the
				  property of the licensee in whose facility said records are maintained, subject
				  to reasonable access to the information by authorized individuals or
				  entities.
In the case of employed or contracted licensees (those
				  lacking authority to manage or maintain medical records), medical record
				  ownership shall be determined by federal and state statutes and regulations.
				  Licensees in such relationships shall make reasonable efforts to assure
				  reasonable access to the information by authorized individuals or entities.
				  Further, licensees should inform patients of procedures for release of records
				  if the licensee is not the custodian of the records.
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).