reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.2 - Definitions

Current through June 25, 2024
For the purposes of Part 2640, Chapter 2, the following terms
				  have the meanings indicated:
A.
Bona fide practitioner-patient relationship
means:
(i) A practitioner and patient have a
				treatment or consulting relationship, during the course of which the
				practitioner, within his or her scope of practice, has completed an in-person
				assessment of the patient's medical history and current mental health and
				medical condition and has documented their certification in the patient's
				medical file;
(ii) The practitioner
				has consulted in person with the patient with respect to the patient's
				debilitating medical condition; and
(iii) The practitioner is available to or
				offers to provide follow-up care and treatment to the patient.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.4 - Patient Record

Current through June 25, 2024
A practitioner who assesses a patient for certification must
				  maintain a complete record of his or her assessment, just as with any other
				  patient.
Miss. Code
				  Ann. §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.5 - Continuing Medical Education (CME)

Current through June 25, 2024
(a) A practitioner
				shall be registered to issue written certifications to qualifying patients by
				completing the required application process as set forth by the MDOH. The MDOH
				shall require a practitioner to complete a minimum of eight (8) hours of
				continuing education in medical cannabis in order to issue written
				certifications. After the first year of registration, these practitioners shall
				complete five (5) hours of continuing education in medical cannabis annually to
				maintain this registration.
(b) A
				practitioner shall not be required to have any additional qualifications to be
				authorized to certify a qualifying patient for a registry identification card,
				other than such requirements for practitioners as provided under the
				Mississippi Medical Cannabis Act.
(c) A practitioner shall not be required to
				be registered to certify patients with any state agency or board other than the
				MDOH
Miss. Code
				  Ann. §
										73-43-11 (1972, as amended); Miss.
				  Code Ann. §
										41-137-5 (2022, as amended March
				  27, 2023).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.6 - Violations

Current through June 25, 2024
Violation of any of the rules or requirements in this Part
				  2640, Chapter 2, or of any provision of the Mississippi Medical Cannabis Act,
				  constitutes unprofessional conduct in violation of Miss. Code Ann. §
									73-25-29(8)(d)
				  and may subject a licensee to discipline. Discipline under this Chapter and
				  other provisions of the Administrative Code shall be in addition to any other
				  civil, criminal, or administrative penalties available under state law.
Miss. Code
				  Ann. §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.7 - Freedom of Choice and Conflicts of Interest

Current through June 25, 2024
Patients are entitled to the same freedom of choice in
				  selecting where to obtain their cannabis as they are in the choice of a
				  certifying practitioner. The following conduct by any certifying practitioner
				  is a direct violation of the Mississippi Medical Cannabis Act and is
				  prohibited: (a) purposefully referring patients to a specific medical cannabis
				  establishment or to a registered designated caregiver, (b) advertising in a
				  medical cannabis establishment, or (c) issuing written certifications while
				  holding a financial interest in a medical cannabis
				  establishment.
Miss. Code Ann.
				  §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.8 - Mississippi Prescription Monitoring Program (MPMP) and Urine Drug Screening

Current through June 25, 2024
Certifying Practitioners who certify patients for cannabis
				  must review the MPMP at each patient encounter involving certification,
				  re-certification, or follow-up related to medical cannabis. MPMP data reviewed
				  shall include all information since the previous review. The certifying
				  practitioner shall note in the patient's chart that the MPMP was reviewed and
				  provide appropriate information regarding the findings of said review.
As part of the in-person evaluation of a patient for initial
				  certification or for re-certification each year, certifying practitioners shall
				  conduct urine drug screening (UDS) and other laboratory tests necessary for
				  full evaluation of the patient's eligibility for medical cannabis. In the
				  absence of urine, other testing methods may be used. Tests must include, at a
				  minimum, assays for opioids, benzodiazepines, amphetamines, cocaine, and
				  cannabis. Inconsistent UDS should be utilized as a tool to determine compliance
				  with treatment.
Miss. Code Ann.
				  §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.9 - Concomitant Prescribing of Controlled Substances and Cannabis Certification

Current through June 25, 2024
The concomitant prescribing of controlled substances after
				  certification for cannabis is generally discouraged and should be considered
				  with caution. There is a lack of data currently on the interactions between
				  controlled substances and cannabis. When considering certification or
				  recertification for cannabis, certifying practitioners should focus on
				  improving their patient's quality of life while simultaneously assessing for
				  contraindications to the concurrent use of controlled substances and cannabis,
				  with the goal of greatly reducing or completely eliminating other moodaltering
				  substances when possible.
Miss. Code Ann.
				  §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 2 - Cannabis Certification › Rule 30-2640-2.10 - Violations

Current through June 25, 2024
Violation of any of the rules or requirements in this Part
				  2640, Chapter 2, or of any provision of the Mississippi Medical Cannabis Act,
				  constitutes unprofessional conduct in violation of Miss. Code Ann. §
									73-25-29(8)(d)
				  and may subject a licensee to discipline. Discipline under this Chapter and
				  other provisions of the Administrative Code shall be in addition to any other
				  civil, criminal, or administrative penalties available under state
				  law.
Miss. Code Ann.
				  §
										73-43-11 (1972, as
				  amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.1 - Scope

Current through June 25, 2024
The following Rules of Procedure apply to all 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 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2645, Chapter 1 only, the following
				  terms have the meanings indicated:
A.
				"
Board
" means the Mississippi State Board of Medical
				Licensure.
B.
				"
Mississippi Medical Practice Act
" means Sections
				73-25-1,
				et seq., pertaining to licensure and discipline of individuals practicing
				medicine or osteopathic medicine, and Sections
				73-27-1, et
				seq., pertaining to licensure and discipline of individuals practicing
				podiatric medicine, or any amendments or additions to said statutes which may
				hereinafter be made.
C.
				"
Licensee
" or "
Physician
"
				means any individual licensed to practice medicine, osteopathic medicine or
				podiatric medicine in the state of Mississippi.
D. "
Respondent
"
				means a physician against whom a disciplinary proceeding has been initiated.
E. "
Complaint
				Counsel
" means the attorney retained by the Board to prosecute
				physicians pursuant to the Mississippi Medical Practice Act.
F. "
Executive
				Director
" means the chief executive officer or other designee
				employed by the Board to run the day to day operations of the Board.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.3 - Complaint/Investigation

Current through June 25, 2024
An investigation of alleged violation(s) of the Mississippi
				  Medical Practice Act, Board rules, Board policy or applicable state or federal
				  statutes or regulations may be initiated by the investigative staff of the
				  Board either, (i) in response to a written complaint or adverse information
				  duly received by the Board, or (ii) based on information independently
				  developed by the investigative staff of the Board.
Upon receipt of information indicating a possible violation,
				  the investigative staff with advice and consultation from the Board's Executive
				  Director, shall make an initial determination as to whether the information
				  justifies further investigation. A case may be dismissed without further
				  investigation based on a determination of either, (i) lack of jurisdiction, or
				  (ii) no violation of applicable policy, rule, regulation or statute.
During an investigation, the investigative staff may
				  interview and take the statements of witnesses and licensees. During an
				  interview of a licensee, the investigative staff shall inform the licensee of
				  the nature and purpose for the investigation and, if requested, provide
				  licensee with a copy of any written complaint provided, that if anonymity has
				  been requested, all identifying data of the complainant shall be removed.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.4 - Initiation of Disciplinary Action

Current through June 25, 2024
Upon conclusion of an investigation, the results shall be
				  presented to the Board's Executive Director to determine if there is proper
				  jurisdiction and violation of the Mississippi Medical Practice Act. The Board's
				  Executive Director may then authorize the issuance of a summons and affidavit,
				  naming the accused licensee as a respondent in the proceedings.
A. The summons, signed by the Board's
				Executive Director, shall set forth:
1. The
				style of the action.
2. The name
				and address of the accused respondent.
3. The address, date, and time at which the
				respondent is summoned to appear before the Board.
4. The specific rules of the Mississippi
				Medical Practice Act which the respondent is charged with violating.
5. The actions which the Board has the
				authority to take, including placing the physician on probation, the terms of
				which may be set by the Board, suspending his or her right to practice medicine
				for a time deemed proper by the Board, revoking his or her license, or taking
				any other action in relation to his or her license as the Board may deem proper
				under the circumstances.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.5 - Subpoenas

Current through June 25, 2024
For the purpose of disciplinary hearings, the Board acting
				  by and through its Executive Director, may subpoena persons and papers on its
				  own behalf and on behalf of a respondent.
Before the Board shall issue on behalf of a respondent any
				  subpoena for persons or papers, the respondent shall:
A. File with the Board a written request for
				the issuance of said subpoenas, identifying with certainty the identity and
				address of all individuals to be subpoenaed, along with a concise description
				of the records to be subpoenaed with the identity and address of the custodian
				of said records.
B. All requests
				for the issuance of subpoenas shall be filed with the Board sufficiently
				distant in time to allow for the preparation and mailing of said subpoenas at
				least fifteen (15) days before the scheduled hearing date. The Board shall not
				be responsible for the timely receipt of subpoenas issued after the
				aforementioned deadline.
All subpoenas issued by the Board either on its own behalf
				  or on behalf of a respondent shall be affected by either personal service of
				  process or certified mail.
Any subpoena issued by the Board shall be returnable within
				  ten (10) days to either the Board or other location as specified in the
				  subpoena.
No subpoena shall be issued for the purpose of discovery,
				  the means and manner of discovery being set forth in Part 2645, Rule
				  1.6.
The Board shall charge a respondent a reasonable fee, not to
				  exceed $25.00 per subpoena, for preparation and mailing of subpoenas.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.6 - Discovery

Current through June 25, 2024
A. Upon written request by a respondent or
				his or her counsel, complaint counsel of the Board shall disclose and permit
				respondent or his or her counsel to inspect, copy or photograph the following
				information and material, which is in the possession, custody, or control of
				the Board, or the existence of which is known to the complaint counsel:
1. Names and addresses of all witnesses
				proposed to be called in complaint counsel's case in chief, together with a
				copy of the contents of any statement, written, recorded, or otherwise
				preserved, of each such witness.
2. Copy of any written or recorded statement
				of respondent and the substance of any oral statement made by the respondent.
3. Copy of any criminal record of
				a respondent, if proposed to be used.
4. Any written reports or statements of
				experts, if proposed to be offered as evidence in connection with the
				particular case.
5. All records,
				documents, physical evidence or photographs which may be offered as evidence in
				complaint counsel's case in chief.
6. Any exculpatory material concerning the
				respondent. The Board shall charge a respondent a reasonable fee, not to exceed
				50 cents per copy, payable in advance of delivery of copied documents.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.7 - Amendment of Pleadings

Current through June 25, 2024
The complaint counsel of the Board may amend a summons and
				  affidavit after being duly served upon respondent at any time prior to the
				  scheduled hearing date, provided, the amendment is for the purpose of
				  correcting a clerical error or clarifying facts set forth in the affidavit. A
				  summons and affidavit may be amended to add additional charges or counts
				  provided the amended summons and affidavit is served upon respondent not less
				  than thirty (30) days from the scheduled hearing date or by mutual agreement of
				  the parties.
A respondent may amend his or her answer as a matter of
				  course at any time before the answer is due. Otherwise, a respondent may amend
				  his or her answer only by leave of the Board. Leave shall be freely given when
				  justice so requires.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.8 - Pre-Hearing Motions

Current through June 25, 2024
All pre-hearing motions shall be filed not later than
				  fifteen (15) days prior to the scheduled hearing. Said motion shall be
				  accompanied by a memorandum setting forth a succinct explanation of the grounds
				  on which relief is sought. A motion may be accompanied by an affidavit as
				  necessary to establish facts alleged in support of the motion.
Within ten (10) days of the filing of any motion, opposing
				  counsel may file a memorandum in opposition to the initial motion.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.9 - Continuances

Current through June 25, 2024
Hearings shall be held before the full Board at the time and
				  place designated in the summons, unless a continuance is granted for just cause
				  by the Board. A motion for a continuance must be filed with the Board at least
				  fifteen (15) days prior to the scheduled hearing, or upon a showing of good
				  cause, at any time prior to the hearing.
It must be recognized that the Board consists of nine (9)
				  practicing physicians representing various regions of the state. Unlike the
				  judiciary, Board members are not in the business of conducting hearings,
				  therefore hearings will be held only during regularly scheduled meetings or
				  other date established by order of the Board. Attorneys representing physicians
				  should take this fact into consideration. A scheduled hearing may be continued
				  if the respondent shows substantial, legitimate grounds for continuing the
				  hearing, based on the balance of:
A.
				The right of respondent to a reasonable opportunity to prepare and present a
				defense.
B. The Board's
				responsibility to protect the public health, safety and welfare.
Where the counsel for respondent has a scheduling conflict
				  on the initial hearing date, continuances will be liberally granted. However,
				  respondent's counsel must submit written proof of the scheduling conflict.
				  Thereafter, no further continuances will be granted based solely on scheduling
				  conflicts.
So that counsel for the respondent and complaint counsel
				  shall be able to adequately prepare for hearing, any motion for a continuance
				  filed within the time limitations specified above, will be immediately
				  considered by the Board's President, who shall have the authority to grant or
				  deny said motion. If granted, the order will be presented to the Board at the
				  scheduled hearing date at which time the order will be formally entered and the
				  rescheduled hearing date set.
It is the responsibility of the respondent to make a prompt
				  decision as to whether to appear before the Board "pro se" (without counsel) or
				  retain counsel for this purpose. Unless due to extraordinary circumstances, the
				  Board will not consider as a valid ground for continuance, the respondent's
				  last minute decision to retain counsel.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.10 - Informal Settlement, Pre-Hearing Stipulations, Consent Orders

Current through June 25, 2024
A. All disciplinary proceedings initiated by
				the Board shall be brought to a final resolution through one of three means:
1. Disciplinary hearings before the full
				Board.
2. Acceptance by the Board
				of a mutually agreeable Consent Order in lieu of hearing.
3. Dismissal of the case.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.11 - Formal Hearing

Current through June 25, 2024
A. At a
				disciplinary hearing, opportunity shall be given to complaint counsel and
				respondent to present evidence on all issues of fact and argument on all issues
				of law and policy involved, to call, examine, and cross-examine witnesses, and
				to offer and introduce documentary evidence and exhibits as may be required for
				full and true disclosure of the facts and disposition of the matter.
B. All testimony and other proceedings shall
				be recorded by a certified stenographer who shall be retained by the Board.
C. During the disciplinary
				hearing, the Board's President, acting as the presiding officer, or his or her
				designee, shall rule on all evidentiary questions, but in his or her discretion
				may consult with the entire panel in executive session. At such hearing, the
				Board may be assisted by the Mississippi Attorney General, or his or her
				designee, who shall not have been involved in any way with the case otherwise.
				The Board's presiding officer may delegate ruling on procedural and evidentiary
				issues to the Attorney General or his or her designee.
D. In all disciplinary hearings before the
				Board, the record of the case shall include:
1. The summons and affidavit issued.
2. The Respondent's answer to the
				summons and affidavit.
3. All
				pleadings, motions, and rulings issued.
4. Evidence received or considered at the
				hearing.
5. Offers of proof,
				objections, and rulings thereon.
6. The Board's order or other disposition
				made by the Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.12 - Reinstatement of License

Current through June 25, 2024
The procedural requirements enumerated above shall also
				  apply to petition duly filed with the Board seeking reinstatement of a license
				  pursuant to Section
				  73-25-32,
				  Mississippi Code.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 1 - Rules of Procedure › Rule 30-2645-1.13 - Effective Date of Rules

Current through June 25, 2024
The above procedural rules shall become effective June 19,
				  1995.
The above Rules of Procedure are adopted by the Board to
				  implement its authority to investigate alleged violations of the Mississippi
				  Medical Practice Act, conduct hearings on disciplinary matters, and consider
				  petitions for termination of probationary and suspended licenses and
				  restoration of revoked licenses, all as enumerated in Section
				  73-43-11,
				  Mississippi Code.
The above Rules of Procedure shall not be interpreted to
				  alter or amend that which is otherwise provided by Mississippi statutory law.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.1 - Scope

Current through June 25, 2024
This regulation applies to all records that come into the
				  Board's possession. The purpose of this regulation is to designate policies and
				  practices for records management in the transition from paper-based to
				  electronic record-keeping in order to facilitate use and admissibility of such
				  records in Board proceedings.
This regulation shall not excuse compliance with any other
				  lawful requirement for the preservation of records for periods longer than
				  those prescribed in this regulation.
While this regulation does not serve to supersede any
				  pre-existing rules concerning the use and admissibility of records, adherence
				  may enhance validity and admissibility of such records into evidence.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.2 - Definitions

Current through June 25, 2024
The following terms have the meanings indicated:
A. "
Record
" means
				information that is inscribed on a tangible medium or that is stored in an
				electronic or other medium.
B.
				"
Board
" means the Mississippi State Board of Medical
				Licensure.
C.
				"
Custodian
" means the person who creates, receives or
				maintains the records for use. Each custodian has the primary responsibility
				for ensuring the safety of the records, providing access to the records, and
				ensuring their authenticity.
D.
				"
Data
" means any material upon which written, drawn,
				spoken, visual, or electromagnetic information or images are recorded or
				preserved, regardless of physical form or characteristics.
E. "
Database
" means
				an electronically stored set of data, consisting of at least one file.
F.
				"
Document
" means a form of information. A document may
				be put into an electronic form and stored in a computer as one or more files. A
				document may be part of a database. Each document is saved as a uniquely named
				file.
G.
				"
Electronic
" means relating to technology as having
				electrical, digital, magnetic, wireless, optical, electromagnetic or similar
				capabilities.
H.
				"
Electronic record
" means a record created, generated,
				sent, communicated, received or stored by electronic means.
I. "
Floppy disk
"
				means a random access, removable magnetic data storage medium that can be used
				with computers.
J.
				"
Source Document
" means the original paper form of a
				document.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.3 - Electronic storage permitted

Current through June 25, 2024
In addition to, or instead of, Source Documents in paper,
				  records may be maintained and preserved for the required time by, among other
				  formats:
A. Micrographic media,
				including microfilm, microfiche, or any similar medium; or
B. Electronic storage media, including any
				digital storage.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.4 - Designation of supervisory official

Current through June 25, 2024
For the purposes of this regulation, the Executive Director
				  of the Board shall be the Custodian of Board records. Notwithstanding, the
				  Executive Director of the Board shall have the authority to designate separate
				  Custodians for each division of the Board. Each custodian shall supervise the
				  preservation or authorized destruction of records.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.5 - General requirements

Current through June 25, 2024
The following procedures must be followed by the person who
				  maintains records on behalf of the Board:
A.
Classification of
				records.
The custodian shall classify all documents that are
				electronically stored. Hash values, or unique numerical identifiers, shall be
				used as a distinguishing trait. Hash values shall be assigned consistently to a
				file or a group of files based on a standard algorithm.
B.
When Source Documents are placed
				in Electronic Storage.
The Source Document, if any, for electronically
				stored information may be place in electronic storage at any time when deemed
				necessary by the Board's executive director. Notwithstanding, no records which
				have been introduced into evidence before the Board in a licensure or other
				administrative hearing shall be placed in electronic format if the actions of
				the Board are still pending, subject to an appeal or other court action.
C.
Time for destruction of
				Source Documents.
The Source Document, if any, for electronically
				stored information may be destroyed after a period of six months, but until
				such time, must be separately stored. Prior to destruction of any records, the
				Board Executive Director shall determine that the records have no legal or
				administrative value.
D.
Access.
Access to electronic storage media shall be limited to
				properly authorized personnel.
E.
Protection from information loss.
The electronically stored
				information shall be protected against information loss by backup and recovery.
				The use of floppy disks or other forms of magnetic media not specifically
				designed for the purpose of long term storage shall be avoided.
F.
Protection from damage.
Provide reasonable protection from damage by fire, flood, and other hazards for
				records. Safeguard records from unnecessary exposure to deterioration from
				excessive humidity, dryness, or lack of proper ventilation.
G.
Index of records.
The
				electronically stored copies shall be indexed and maintained for ready
				reference and inspection.
H.
Maintenance of Records.
Regular copying, reformatting, and
				other necessary maintenance shall be performed to ensure the retention of
				electronic records.
I.
Retrieval.
Utilize a formal and timely retrieval process to
				permit standardized retrieval.
J.
Reproduction.
Any reproduction of a non-electronic original
				record on electronic storage media shall be complete, true, and legible.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2645 - Rules of Procedure › Chapter 2 - Preservation and Certification of Electronic Records › Rule 30-2645-2.6 - Authenticating Electronic Evidence in Board Proceedings

Current through June 25, 2024
A.
Self-Authentication
.
				Evidence of authenticity is not required for admissibility in any hearing or
				other matter before the Board, provided the evidence is either (i) an original
				or (ii) an electronic reproduction of the original as maintained by the Board.
B.
Method to
				self-authenticate
. To be self-authenticating, the record must be
				accompanied by a written declaration of the designated custodian as provided
				herein, certifying that the electronic record (i) was made in the normal course
				and scope of Board business and (ii) by a person with knowledge of those
				matters. The proponent must show that the custodian of the records is not only
				familiar with the maintenance of the records, but also with how they are
				created.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2650 - Administrative Rules › Chapter 1 - Administrative Rules › Rule 30-2650-1.1 - Method of Operation

Current through June 25, 2024
Scope
This regulation is promulgated pursuant to Mississippi Code,
				  Section
				  25-43-2.104
				  of the Mississippi Administrative Procedures Law.
Description of the Mississippi State Board of Medical
				  Licensure
A. Reference is made to Title
				73, Chapter 43 of the Mississippi Code, which establishes the Mississippi State
				Board of Medical Licensure ("the Board") and sets forth its composition,
				general powers and duties. Further reference is made to the following
				additional provisions of Mississippi law:
1.
				Title 73, Chapter 25, which sets forth the Board's specific powers and duties
				in relation to licensure and discipline of physicians and osteopaths.
2. Title 73, Chapter 26, which sets forth the
				Board's specific powers and duties in relation to licensure and regulation of
				physician assistants.
3. Title 73,
				Chapter 27, which sets forth the Board's specific powers and duties in relation
				to licensure and discipline of podiatrists.
4. Title 41, Chapter 58, which sets forth the
				Board's specific powers and duties in relation to licensure and regulation of
				radiologist technicians and assistants.
5. Title 41, Chapter 29, which sets forth the
				Board's specific powers and duties in relation to investigations of potential
				violations of the Mississippi Controlled Substance Laws.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2650 - Administrative Rules › Chapter 1 - Administrative Rules › Rule 30-2650-1.3 - Declaratory Opinions › Appendix 30-2650-1.3-E

Current through June 25, 2024
Click Here To View
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Mail Forms:
MS BML/ Investigative Division - Pain
					 Clinic Regulation,
1867 Crane Ridge Drive, Suite 200 - B, Jackson, MS
					 39216. Submit original signed documents only, NO facsimile, email or duplicate
					 copies will be accepted
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2701 - Organization and Structure › Chapter 1 - Organization and Structure › Rule 30-2701-1.1 - Source of Authority:Title

Current through June 25, 2024
The Rules and Regulations herein contained constitute,
				  comprise, and shall be known as the "Rules and Regulations of the Mississippi
				  State Board of Nursing Home Administrators," and are hereby promulgated
				  pursuant to the authority granted to, and imposed upon, the said Board under
				  and pursuant to the provisions of the State licensing statute (Sections
				  73-17-1 et
				  seq. of the Mississippi Code of 1972, Annotated).
Miss. Code Ann. Sections
				  73-17-7(2)
				  and
				  73-17-9(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2701 - Organization and Structure › Chapter 1 - Organization and Structure › Rule 30-2701-1.3 - Board of Nursing Home Administrators

Current through June 25, 2024
A. Composition
The Board shall consist of seven (7) members in addition to
				  the state health officer or his designee, as outlined in Section
				  73-17-7 of the
				  Act.
B. Meetings
(1) The Board shall meet regularly at least
				once every calendar quarter.
(2)
				The Chairman, or Vice-Chairman acting for and in the absence of the Chairman,
				may call special meetings thereof when, in his judgment, circumstances or
				functions of the Board require it.
(3) Upon written petition of a simple
				majority of the members of the Board, the Chairman, or Vice-Chairman acting for
				and in the absence of the Chairman, shall call a special meeting for the
				purposes cited in said petition.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.4 - Disqualifications; Re-Application

Current through June 25, 2024
A. An applicant for
				licensure who has been disqualified shall be given written notification by the
				Board of his/her disqualification and the reasons therefor and of his/her right
				to a hearing.
B. An applicant for
				licensure who has been disqualified may petition the Board in writing within
				thirty (30) days of notification of disqualification for a hearing and a review
				of his/her application.
C. Any
				person aggrieved by a decision of the Board in granting or refusing to grant a
				license, or aggrieved by an order, rule, or regulation of the Board, shall have
				the right to appeal to the chancery court of the county of the residence of the
				aggrieved party in the manner provided by law for appeals from administrative
				decisions.
D. When an applicant for
				licensure has been disqualified, he/she may submit a new application for
				licensure; however, he/she shall be required to meet the requirements for
				licensing as shall be in force at the time of such re-application.
Miss. Code Ann. Sections
				  73-17-7(2),
				  73-17-9(c)(Rev.
				  2008); and Miss. Code Ann. Section
				  73-17-15
				  (Supp. 2011).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.5 - Examinations

Current through June 25, 2024
In order to be eligible to sit for the examinations for
				  licensure as a nursing home administrator, the applicant must meet all the
				  requirements in Part 2703, Chapter 1, Rule
				  1.1,
				  1.2, and
				  1.3 hereinabove, and provide to the
				  Board evidence of such completion, including but not limited to, Application
				  for License as required in Part 2703, Chapter 1, Rule
				  1.2; evidence of satisfactory
				  completion of an Administrator-in-Training program pursuant to Part 2703,
				  Chapter 1, Rule
				  1.3; and evidence of completion of a
				  Domains of Practice course, pursuant to Part 2703, Chapter 1, Rule
				  1.3.
A. Each applicant for license must
				successfully complete the NAB Examination and the State Examination.
B. In conjunction with NAB, the Board shall
				determine the subjects for examination of applicants for licensing as a nursing
				home administrator, and the scope, content, form, and character of such
				examinations, and shall provide the examination to applicants who have met the
				qualifications hereinabove. The NAB Examination cost is determined by NAB and
				the testing service. Testing costs are paid directly to NAB.
The NAB Examination must be scheduled by the applicant for
				  licensure.
The State Examination will be administered at such times and
				  places as designated by the Board. The contents and substance of the
				  examination shall be the same for all applicants for licensure.
C. Prior to sitting for the examinations, the
				applicant shall pay the applicable examination fees as determined by current
				national and state testing services.
D. For those applicants who have satisfied
				their A.I.T. requirement by academic credentials as identified in Part 2703,
				Chapter 1, Rule
				1.1 and
				1.2, they will be eligible for the
				NAB and State examinations, assuming all other requirements herein have been
				met.
E. Reexamination. An
				applicant may retake the NAB Examination or any portion thereof no sooner than
				ninety (90) days after an unsuccessful attempt to pass the exam or any portion
				thereof. The State Examination may be administered no sooner than thirty (30)
				days after an unsuccessful attempt to pass the exam. If an applicant shall fail
				either exam three (3) times, he/she shall wait one (1) calendar year before
				submitting a new application.
Following the close of every examination, a permanent record
				  stating in detail the results of the examination for each candidate shall be
				  kept by the Board.
Miss. Code Ann.
				  Sections
				  73-17-7(2),
				  73-17-9(a)
				  and (b)(Rev. 2008); and Miss. Code Ann.
				  Section
				  73-17-11
				  (Supp. 2011).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.6 - Subjects for Examinations and Continuing Education

Current through June 25, 2024
A. Every
				applicant for license as a nursing home administrator shall meet the
				requirements for licensure as set forth in the Act and Part 2703, Chapter 1,
				Rule
				1.1 of these Rules and Regulations,
				which include successfully passing written examinations. Such examinations
				shall be designed to test the proficiency and knowledge of the applicant for
				license in the area of nursing home administration. The following areas of
				study shall be considered by the applicant as guidelines in preparing for such
				examinations:
(1) Customer Care, Support, and
				Services
(2) Human Resources
(3) Finance
(4) Environment
(5) Management and Leadership
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.7 - Grading Examinations

Current through June 25, 2024
A. Every candidate
				for a nursing home administrators license shall be required to pass an
				examination to be administered by the Board and which was prepared by the
				National Association of Boards of Examiners for Nursing Home
				Administrators.
The NAB test is divided into two sections (Core of Knowledge
				  and NHA Line of Service). Every candidate must successfully pass each section.
B. Passing Score for the NAB
				Examination will be as set by the National Association of Long Term Care
				Administrators Boards.
C. In
				addition to the foregoing examination, the Board may adopt and approve an
				examination to be administered by the Board, and upon such approval, said
				examination shall be considered a part of the examination which all applicants
				for licensure as nursing home administrators must pass. This examination shall
				be known as the State Examination.
Passing point for the State Examination is at least 75% of
				  the questions answered correctly.
Miss. Code Ann.
				  Sections
				  73-17-7(2),
				  73-17-9(b)
				  and (c)(Rev. 2008); and Miss. Code Ann.
				  Section
				  73-17-11
				  (Supp. 2011).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.8 - Abandonment of Application(s)

Current through June 25, 2024
A. An application
				shall be deemed abandoned when:
(1)
				Applications for the A.I.T. Program and Applications for Licensure by
				Individuals Licensed in Other States which remain incomplete after one (1)
				calendar year from the date of filing with the Board will be considered
				abandoned and the individuals seeking licensure shall be required to reapply
				with the Board.
(2) An applicant
				fails to begin the A.I.T. program within ninety (90) calendar days from the
				date of Board approval to enter the program.
(3) The applicant fails to submit the
				applicable Application for Licensure, signed under penalty of perjury, on a
				written or electronic form prescribed by the Board and submits the license fee
				within sixty (60) calendar days after the date of notification by the Board is
				mailed.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 1 - Licensure › Rule 30-2703-1.9 - Licenses

Current through June 25, 2024
A. An applicant for license as a nursing home
				administrator who has successfully complied with the requirements of these
				Rules and Regulations shall be issued a license on a form provided for that
				purpose by the Board.
B. Any
				license issued by the Board shall be under signature of the Chairman and shall
				bear the seal of the Board.
Miss. Code Ann.
				  Sections
				  73-17-7(2)
				  and
				  73-17-9(c)(Rev.
				  2008); and Miss. Code Ann. Section
				  73-17-11
				  (Supp. 2011).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 2 - Regulations › Rule 30-2703-2.1 - Registration of Licenses

Current through June 25, 2024
A. Every person who
				holds a valid license as a nursing home administrator issued by the Board shall
				immediately upon issuance thereof be deemed registered with the Board and shall
				be issued a certificate of registration which shall expire biennially June 30.
				The registration fee for the initial registration with the Board shall be the
				pro rata portion of the biennial registration fee which is set forth in the
				application for license as a nursing home administrator which represents the
				portion of the biennial period in which the initial registration is
				effective.
B. If a nursing home
				administrator files an application with the Board for a new certificate of
				registration on or before June 30, his/her prior certificate of registration
				shall remain in effect until the Board has acted on his/her application for a
				new certificate of registration.
C.
				If a nursing home administrator does not file an application with the Board for
				a new certificate of registration on or before June 30, the Board may revoke
				his/her license after due notice and an opportunity to be heard at a formal
				hearing. The opportunity to be heard at a formal hearing shall be deemed to
				have been waived by the Board for a new certificate of registration on or
				before June 30, unless such administrator petitions the Board in writing within
				thirty (30) days of the mailing of the notice by the Board for a formal
				hearing.
D. Upon making an
				application for a new certificate of registration, such licensee shall fulfill
				the following:
(1) pay biennial registration
				fee which is set forth in the application for a new certificate of
				registration;
(2) submit evidence
				satisfactory to the Board that during the biennial period immediately preceding
				such application for registration, he/she has completed Continuing Education
				programs or courses of study as provided for in Part 2703, Chapter 2, Rule 2.2
				of these Rules and Regulations.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 2 - Regulations › Rule 30-2703-2.3 - Certification of Program of Study for Federal Financial Participation as provided under Section 1908 of the United States Social Security Act

Current through June 25, 2024
Programs of study will be certified by the Board in a manner
				  consistent with the requirements of the Federal Government in order to qualify
				  for Federal financial participation.
Miss. Code Ann. Section
				  73-17-7(2)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 2 - Regulations › Rule 30-2703-2.4 - Display of Licenses and Registration Certificates

Current through June 25, 2024
Every person licensed as a nursing home administrator
				  actively engaged in the profession shall display such license and certificate
				  of annual registration in a conspicuous place in the office or place of
				  business or employment of such licensee.
Miss. Code Ann. Section
				  73-17-7(2)
				  and
				  73-17-9(d)(Rev.
				  2008).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2703 - Licensure, Regulations, and Administrative Hearings › Chapter 2 - Regulations › Rule 30-2703-2.5 - Notification of Change

Current through June 25, 2024
Every licensed nursing home administrator shall immediately
				  within seven (7) days notify in writing, or electronically through the Board's
				  secure website, the office of the Mississippi State Board of Nursing Home
				  Administrators of any and all changes in name, address, position, and other
				  information originally submitted on their application.
Miss. Code Ann.
				  Section
				  73-17-7(2)
				  and
				  73-17-9(d)(Rev.
				  2008).