reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 10 - Release of Medical Records › Rule 30-2635-10.3 - Regulatory and Legal Requests

Current through June 25, 2024
The Board has the authority to investigate licensees as part
				  of its mission to protect the public.2 Further,
				  continued licensure by the Board requires the production of medical records
				  when requested.3 When provided an administrative
				  (i.e., legal) request for in-person inspection or
1 See Miss, Code Ann,, §
									41-10-3
				  for further authority and information.
2 Miss. Code Ann., §
									73-43-11
3 30 Miss. Admin. Code Pt. 2640,
				  R.1.4
Patient Record
production of copies for removal by the Board, licensees shall comply and
				  provide all records as requested.
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 30-2635-10.4 - Transfer of Patient Records to Another Licensee

Current through June 25, 2024
A licensee shall not refuse for any reason to make the
				  information contained in the medical records available upon valid request by
				  authorized requesting party to another licensee presently treating the patient.
				  The licensee has a right to request a written release from the patient or legal
				  representative of the patient, authorizing the transfer prior to transfer of
				  said documents. Upon receipt of the written release and authorization, the
				  licensee must tender a copy of said documents to the other licensee within a
				  reasonable period of time. Transfer of said documents shall not be withheld
				  because of an unpaid bill for medical services, but the licensee is entitled to
				  reasonable compensation paid in advance for any copy expenses as provided in
				  Part 2635, Rule
				  10.6.
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 30-2635-10.5 - Release of Patient Records to Patient

Current through June 25, 2024
A licensee shall, upon request of authorized requesting party
				  holding a written release and authorization, provide a copy of a patient's
				  medical record to the authorized requesting party within a reasonable period of
				  time.
In those cases where release of psychiatric/psychological
				  records directly to a patient would be deemed harmful to the patient's mental
				  health or well-being, the licensee shall not be obligated to release the
				  records directly to the patient, but shall, upon request, release the records
				  to the patient's legal representative. The licensee has a right to request a
				  written authorization prior to release of the records to any party other than
				  the patient. Upon receipt of the written release and authorization, the
				  licensee must tender a copy of the records to the authorized requesting party
				  within a reasonable period of time. Transfer of the records shall not be
				  withheld because of an unpaid bill for medical services, but the licensee is
				  entitled to reasonable compensation paid in advance for any copy expenses as
				  provided in Part 2635, Rule
				  10.6.
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 30-2635-10.6 - Narrative Summary of Medical Record

Current through June 25, 2024
In some cases, a requesting party may wish to obtain a
				  narrative summary of the medical record, in lieu of, or in addition to a copy
				  of the medical record. Upon such a request, the licensee may provide the
				  narrative summary. The licensee may charge a reasonable fee for the time
				  devoted to preparation of the medical record narrative summary.
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 30-2635-10.7 - Duplication and Administrative Fees

Current through June 25, 2024
A. Licensees have a
				right to be reimbursed for duplication and other expenses relating to requests
				for medical records. The copying charge is set by Mississippi Code, Section
				11-1-52
				as follows:
1. Any medical provider or
				hospital or nursing home or other medical facility shall charge no more than
				the following amounts to an authorized requesting party for photocopying any
				patient's records:
i. Twenty Dollars ($20.00)
				for pages one (1) through twenty (20);
ii. One Dollar ($1.00) per page for the next
				eighty (80) pages;
iii. Fifty Cents
				(500) per page for all pages thereafter.
iv. Ten percent (10%) of the total charge may
				be added for postage and handling.
v. Fifteen Dollars ($15.00) may be recovered
				by the medical provider or hospital or nursing home or other medical facility
				for retrieving medical records in archives at a location off the premises where
				the facility/office is located,
vi.
				In addition, the actual costs of reproducing x-rays or other special records
				may be included,
vii. The
				duplication and administrative fees authorized herein are not intended to
				include or restrict any fees charged in relation to expert
				testimony.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 10 - Release of Medical Records › Rule 30-2635-10.8 - Exclusion

Current through June 25, 2024
Federal or state agencies providing benefit programs as well
				  as contractual third-party payers and administrators are excluded from the
				  above stated fees. Records that are requested by state or federal agencies as
				  well as contracted payers and administrators may be billed at rates established
				  by those payers and contracts. The release of records as requested by state or
				  federal agencies or third-party payers and administrators may not be refused
				  for failure to pay required fees.
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 30-2635-10.9 - Violation of Rules

Current through June 25, 2024
A refusal by a licensee to release patient records shall
				  constitute unprofessional conduct, dishonorable or unethical conduct likely to
				  deceive, defraud or harm the public in violation of Mississippi Code, Section
				  73-25-29(8)(d).
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 12 - Physician Advertising › Rule 30-2635-12.1 - Scope

Current through June 25, 2024
The following rule on physician advertising applies to all
				  individuals licensed to practice medicine, osteopathic medicine or 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 12 - Physician Advertising › Rule 30-2635-12.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 12 only, the following
				  terms have the meanings indicated:
A.
				"
Board
" means the Mississippi State Board of Medical
				Licensure.
B.
				"
Physician
" means any individual licensed to practice
				medicine, osteopathic medicine or podiatric medicine in the state of
				Mississippi.
C.
				"
Advertisement
" or
				"
Advertising
" means any form of public communication,
				such as
office signage,
newspaper, magazine, telephone
				directory, medical directory, radio, television, direct mail, billboard, sign,
				computer, business card, billing statement, letterhead or any other means by
				which physicians may communicate with the public or patients.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 12 - Physician Advertising › Rule 30-2635-12.3 - Requirements

Current through June 25, 2024
A. Subject to the requirements set forth
				herein below, any advertisement by a physician may include:
1. The educational background or specialty of
				the physician.
2. The basis on
				which fees are determined, including charges for specific services.
3. Available credit or other methods of
				payment.
4. Any other
				non-deceptive information.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 12 - Physician Advertising › Rule 30-2635-12.4 - Violation of Rules

Current through June 25, 2024
The above rules on physician advertising shall not be
				  interpreted to alter or amend that which is otherwise provided by Mississippi
				  statutory law or the rules on advertising adopted by the Federal Trade
				  Commission.
If any physician subject to this rule advertises or enters
				  into any communication in violation of the above rules, such act shall
				  constitute unprofessional conduct, which includes dishonorable or unethical
				  conduct likely to deceive, defraud or harm the public, in violation of
				  Mississippi Code, Sections
				  73-25-29(8)(d)
				  and
				  73-27-13(h)(iv).
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 12 - Physician Advertising › Rule 30-2635-12.5 - Effective Date of Rules

Current through June 25, 2024
The above rules pertaining to physician advertising shall
				  become effective November 2, 1995. Amended January 24, 2008. 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 13 - Complementary and Alternative Therapies › Rule 30-2635-13.1 - Scope and Purpose

Current through June 25, 2024
The purpose of this regulation is to set forth the
				  expectations of licensees who wish to practice alternative, complementary, and
				  regenerative forms of medicine as defined below. These rules apply only to
				  individuals who are licensed by the Mississippi State Board of Medical
				  Licensure.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 13 only, the following
				  terms have the meanings indicated:
A.
				"
Board
" means the Mississippi State Board of Medical
				Licensure.
B. "
Complementary
", "
Alternative
", and "
Regenerative
				Medicine/Therapy
" means those health care methods of diagnosis,
				treatment, or interventions that are not acknowledged to be conventional but
				that may be offered by some licensed physicians in addition to, or as an
				alternative to, conventional medicine. Examples of these therapies include, but
				are not limited to: IV infusion/hydration therapy, oriental medicine techniques
				and practices other than Licensed Acupuncture 
				1, utilization of Artificial
				Intelligence, and stem cell therapy.
C. "
Conventional Medical
				Practices
" means those medical interventions that are taught
				extensively at U.S. medical schools, generally provided at U.S. hospitals, or
				meet the requirements of the generally accepted standard of care.
D. "
Informed and Shared Decision
				Making
" means the process by which a physician discusses, in the
				context of the use of complementary, alternative, and/or regenerative
				therapies, the risks and benefits of such treatment with the patient. The
				patient is given an opportunity to express preferences and values before
				collaboratively evaluating and arriving at treatment decisions.
E. "
Informed
				Consent
" means evidence documenting appropriate patient consent to
				a therapy or procedure.
F. "
Unproven Intervention
" means any therapy that lacks
				compelling evidence, based upon scientific studies, to validate its treatment
				efficacy.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.3 - Alternative Medicine Practices

Current through June 25, 2024
The Board is aware that a growing number of licensees and
				  patients are both implementing and seeking complementary and alternative
				  medicine in their health care. Further, the Board recognizes that innovative
				  practices that could benefit patients and improve care should be given
				  reasonable and responsible degrees of latitude.
In reviewing this subject, the Board is also aware of the
				  fact that consumer fraud occurs across the country, and, unfortunately, not
				  infrequently in the practice of medicine. If consumer protection means
				  anything, it should protect people weakened by illness from the dangers
				  attendant to unsound, invalidated, and/or otherwise unsubstantiated practices.
				  Licensees should never agree to perform invalidated or unsound treatments or
				  therapies.
The Board feels that licensees may incorporate alternative
				  therapies if research results are promising, and only if the methods utilized
				  are reasonably likely to benefit patients without undue risk. A full and frank
				  discussion of the risks and benefits of all medical practices is expected, and
				  is in the patient's best interest.
Licensees should practice pursuant to informed and shared
				  decision making when determining the utilization of complementary therapies.
				  This style of process is conducive to openly weighing the risks and benefits of
				  the therapies under consideration. While this process is ideal, the licensee is
				  ultimately responsible for the decision-making process.
Where evidence is unavailable for a particular treatment in
				  the form of clinical trials or case studies, licensees must only proceed with
				  an appropriate rationale for the proposed treatment, and justification of its
				  use, in relation to the patient's symptoms or condition. Novel, experimental,
				  and unproven interventions should only be proposed when traditional or accepted
				  proven treatment modalities have been exhausted. In such instances, there must
				  still be a basis in theory or peer-acknowledged practice. The burden rests
				  solely on the licensee in regard to the substantiation supporting the use of a
				  particular therapy. Licensees should be prepared to support any claims made
				  about benefits of treatments or devices with documented evidence, for example
				  with studies published in peer-reviewed publications.
Licensees must refrain from charging excessive fees for
				  treatments provided. Further, licensees should not recommend, provide, or
				  charge for unnecessary medical services, nor should they make intentional
				  misrepresentations to increase the level of payment they receive. 
				  1
1 American Medical Association,
Code of Medical Ethics
, Opinion 11.3.1.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.4 - Informed Consent

Current through June 25, 2024
Licensees who choose to utilize alternative therapies must
				  obtain written informed consent from the patient prior to the utilization of
				  said therapies. Said informed consent consists of the following elements:
1. The patient, the licensee, and the
				credentials of the licensee are all identified;
2. The types of transmissions regarding the
				therapy are identified (e.g., prescription refills, appointment scheduling,
				patient education, etc.);
3. Overt
				agreement from the patient with the licensee's determination about whether or
				not the condition being diagnosed and/or treated is appropriate for alternative
				therapy;
4. Express patient
				consent to forward patient-identifiable information to a third party, if
				necessary;
5. An accurate
				description of the benefits and risks of treatment or intervention, based on
				scientific evidence, as well as an explanation of alternatives to treatment or
				an intervention, and the right to withdraw from treatment or an intervention
				without denial of standard of care to patients.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.5 - Evaluation

Current through June 25, 2024
Parity of evaluation standards should be established for
				  patients, whether the licensee is using conventional medical practices or
				  alternative therapy.
Prior to offering any recommendations for conventional
				  and/or alternative treatments, the physician shall conduct an appropriate
				  medical history and physical examination of the patient, as well as an
				  appropriate review of the patient's medical records. This evaluation shall
				  include, but is not limited to, conventional methods of diagnosis, and may
				  include other methods of diagnosis as long as the methodology utilized for
				  diagnosis is based upon the same standards of safety and reliability as
				  conventional methods, and shall be documented in the patient's medical record.
				  The record shall also document the following:
1. What medical options have been discussed,
				offered or tried, and if so, to what effect, or a statement as to whether or
				not certain options have been refused by the patient or guardian;
2. That proper referral has been offered for
				appropriate treatment;
3. That the
				risks and benefits of the use of the recommended treatment, to the extent
				known, have been appropriately discussed with the patient or guardian; and
4. That the licensee has
				determined the extent to which the treatment could interfere with any other
				recommended or ongoing treatment.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.6 - Treatment Plan

Current through June 25, 2024
A documented treatment plan tailored to the individual needs
				  of the patient by which treatment progress or success can be evaluated with
				  stated objectives, such as pain relief and/or improved physical and/or
				  psychosocial function. Said treatment plan must consider pertinent medical
				  history, previous medical records and physical examination, as well as the need
				  for further testing, consultations, referrals or the use of other treatment
				  modalities.
The treatment offered shall meet the following criteria:
1. A favorable risk/benefit ratio
				compared to other treatments for the same condition;
2. Be based upon a reasonable expectation
				that it will result in a favorable patient outcome, including preventive
				practices;
3. Be based upon the
				expectation that a greater benefit will be achieved than that which can be
				expected with no treatment.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.7 - Medical Records

Current through June 25, 2024
Any licensee who provides alternative therapy as a component
				  of practice must, as with all other forms of practice, maintain a complete
				  record which substantiates the care provided. Said record shall, at a minimum,
				  include the following:
1. The medical
				history and physical examination(s);
2. Diagnostic, therapeutic and laboratory
				results;
3. Results of
				evaluations, consultations and referrals;
4. Treatment objectives;
5. Discussion of risks and benefits;
6. Appropriate informed consent;
7. Treatments;
8. Medications (including date, type, dosage
				and quantity prescribed);
9.
				Instructions and agreements; and
10. Periodic reviews
Records shall be current and maintained in an accessible
				  manner, and readily available for review and inspection.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.8 - Education

Current through June 25, 2024
All licensees who offer alternative therapies must be able
				  to demonstrate knowledge and understanding of the medical and scientific
				  knowledge connected with any method they are offering or using in their medical
				  practices as a result of related education and training. In order to implement
				  best practices for alternative therapies, licensees must understand the
				  relevant clinical issues and shall obtain sufficient targeted continuing
				  medical education and training.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 13 - Complementary and Alternative Therapies › Rule 30-2635-13.10 - Violation of Rules

Current through June 25, 2024
The use of alternative, complementary, and/or regenerative
				  therapies outside the requirements and regulations stated herein constitutes
				  unprofessional conduct, dishonorable or unethical conduct likely to deceive,
				  defraud or harm the public, in violation of
Miss. Code
				  Ann.
, §
									73-25-29(8)(d).
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 14 - Temporary Practice by an Athletic Team Physician › Rule 30-2635-14.1 - Scope and Purpose

Current through June 25, 2024
The purpose of this regulation is to set forth certain
				  exemptions and stipulations as to the practice of medicine within Mississippi
				  by physicians travelling from out of state with sports teams for sporting
				  events conducted within the state. Further, it is the intent of this regulation
				  to sort forth the requirements of those physicians to practice medicine in
				  Mississippi, temporarily, without obtaining Mississippi licensure.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 14 - Temporary Practice by an Athletic Team Physician › Rule 30-2635-14.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 14 only, the following
				  terms have the meanings indicated:
A.
				"
Athletic Team
" or "
Team
"
				means a group of people representing a specific organization engaged in
				sporting activities, such as baseball or football, which require medical
				personnel to treat or evaluate injuries sustained pursuant to the activity.
B. "
Staff
				Members
" means those individuals directly affiliated with the
				sporting program or entity whose purpose is to support the players or members
				of the team during the event. This includes, but is not necessarily limited to:
				trainers, coaches, equipment personnel, communications staff, band members,
				cheerleaders, and the team mascot. This would not include parents, boosters, or
				other individuals simply present or attending the activity or sporting event.
C. "
Team
				Physician
" means those health care professionals, holding an
				unrestricted medical license in their athletic team's state of origin, who
				travel with their team to away games/events for the purposes of providing
				medical treatment and evaluation for players and staff members of said
				team.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 14 - Temporary Practice by an Athletic Team Physician › Rule 30-2635-14.3 - Athletic Team Physicians

Current through June 25, 2024
As part of any sport, teams require the presence of trained
				  medical personnel, to include physicians, in order to treat injuries incurred
				  during the course of the activity. As such, when athletic teams travel to away
				  games or events outside their respective state, said medical personnel
				  routinely travel with the team to provide said care.
Understanding these principles of athletics, a physician
				  licensed in another state, territory or jurisdiction of the United States is
				  exempt from the licensure requirements in Mississippi under the following
				  conditions related to athletic team based practice:
i) The physician is employed or formally
				designated as the team physician by an athletic team visiting Mississippi for a
				specific sporting event;
ii) The
				physician limits the practice of medicine in Mississippi to medical treatment
				of the members, coaches and staff, as defined herein, of the sports entity that
				employs or has designated the physician and;
iii) Said physician is licensed in the state the sports entity or
				organization is based or housed.
Additionally, physicians authorized to practice under this
				  rule may also treat members from the home team in Mississippi if said physician
				  has specialized training or experience beyond that of the home team physician.
The extent of the medical practice allowed under this rule
				  is limited to the following aspects of the game or event:
a) Pre-game warm-up and any postgame
				activities;
b) During the actual
				game or event;
c) Travel to and
				from the sporting event within Mississippi; and
d) In-state lodging of the team and other
				covered staff.
Further, it is the responsibility of the team or
				  organization employing the physician to verify said physician is licensed and
				  in good standing in the appropriate jurisdiction as required under this rule.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 14 - Temporary Practice by an Athletic Team Physician › Rule 30-2635-14.4 - Violation of Rules

Current through June 25, 2024
The practice of medicine outside of the requirements and
				  regulations stated herein constitutes the illegal practice of medicine, in
				  violation of
Miss. Code Ann.
, §
									97-23-43,
				  and violators shall be subject to all fines and penalties described therein.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 15 - Hospice Practice › Rule 30-2635-15.1 - Scope and Purpose

Current through June 25, 2024
The purpose of this regulation is to set forth certain
				  exemptions, stipulations, and expectations as to the practice of medicine
				  within Mississippi by physicians who serve as the State Medical Examiner or a
				  Deputy Medical Examiner. Further, it is the intent of this regulation to set
				  forth the requirements of those physicians to practice medicine in Mississippi,
				  temporarily, without obtaining an unrestricted Mississippi medical license. The
				  Board defers to state statute on any duties or requirements not specifically
				  mentioned within this regulation.
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 15 - Hospice Practice › Rule 30-2635-15.2 - Definitions

Current through June 25, 2024
For the purpose of Part 2635, Chapter 15 only, the following
				  terms have the meanings indicated:
A.
				"Medical Examiner" means the person appointed by the Commissioner of Public
				Safety pursuant to Miss. Code Ann., §
									41-61-55
				to investigate and certify deaths that affect the public interest.
B. "Deputy Medical Examiner" means those
				professional individuals employed by The Department of Public Safety who serve
				under the direction of the Medical Examiner, and who perform autopsies and
				post-mortem examinations to determine cause of death via medical processes,
				such as pathology, and who may testify as an expert regarding their
				findings.
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 15 - Hospice Practice › Rule 30-2635-15.3 - Temporary Practice

Current through June 25, 2024
Recognizing the unique challenges in hiring and retaining
				  Deputy Medical Examiners, along with the need to expeditiously conduct
				  autopsies in order to avoid evidentiary spoilage, applicants for licensure to
				  serve in the role of Deputy Medical Examiner may practice within Mississippi
				  temporarily, without an unrestricted medical license, while going through the
				  licensure process. Said physicians must first submit their application, thereby
				  starting the licensure process, and must verify they are licensed in good
				  standing in another state or acceptable jurisdiction. This temporary practice
				  period shall not exceed six (6) months from the date the application is
				  received.
Further, contract physicians who are hired on a temporary
				  basis by The Department of Public Safety may also practice without a license,
				  after verifying their unrestricted licensure as described above, for a period
				  of up to one (1) month. Thereafter, said physicians must apply for a full
				  license in Mississippi.
Miss Code Ann.
				  §
										73-43-11
				  (1972, as amended).
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 15 - Hospice Practice › Rule 30-2635-15.4 - Violation of Rules

Current through June 25, 2024
The practice of medicine outside of the requirements and
				  regulations stated herein constitutes the illegal practice of medicine, in
				  violation of Miss. Code Ann., §
									97-23-43,
				  and violators shall be subject to all fines and penalties described
				  therein.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.1 - Scope

Current through June 25, 2024
These rules apply to all individuals who have prescriptive
				  authority and are licensed by the Mississippi State Board of Medical Licensure.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.6

Current through June 25, 2024
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.8 - Drug Maintenance Requirements

Current through June 25, 2024
All medications maintained or stored in licensee's office
				  must be maintained or stored in the manufacturer's or re-packager's original
				  container. The label of any container in which drugs are maintained must bear
				  the drug name, strength, the manufacturer's control lot number and the
				  expiration date. Drugs that are pre-counted and prepackaged for purposes of
				  dispensing must be identifiable as to expiration date and manufacturer's
				  control lot number. The containers in which drug products are maintained must
				  not be labeled in any false or misleading manner. The labeling requirements of
				  this rule are in addition to all other applicable state and federal statutes
				  and regulations.
A physician must not dispense out-of-date medications.
				  Out-of-date medications must be promptly removed from current stock and stored
				  separately until proper disposal. A physician, when dispensing a product in a
				  manufacturer's original package or container must dispense the product with
				  this information intact.
The medication storage and dispensing areas must be
				  maintained in a sanitary fashion. All medications must be maintained, stored
				  and dispensed in such a manner as to maintain the integrity of the product.
A licensee must not accept the return for subsequent resale
				  or exchange any drugs after such items have been taken from the premises where
				  sold, distributed or dispensed and from the control of the licensee.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.9 - Labeling Requirements for Dispensing Physicians

Current through June 25, 2024
For the purposes of this rule, a "dispensing physician"
				  means any physician who dispenses to a patient for the patient's use any
				  controlled substance, legend drug or other medication where such medication is
				  purchased by the physician for resale to a patient whether or not a separate
				  charge is made.
Every dispensing physician, as defined above, who dispenses
				  a controlled substance, legend drug or any other medication must insure that
				  all such substances dispensed be labeled containing the following information:
A. The name of the patient to whom
				the medication was dispensed.
B.
				The date that the medication was dispensed.
C. The name, strength and quantity of the
				medication.
D. Direction for
				taking or administering the medication.
E. The name and address of the physician
				dispensing the medication.
The label required by this rule must be written in legible
				  handwriting or typed and must be permanently affixed to the package or
				  container in which the medication is dispensed. Prepackaged samples or starter
				  packs in their original packages or containers need only have the patient name,
				  date distributed, and physician's name if the manufacturer's packaging meets
				  other requirements.
No physician may delegate dispensing authority to another
				  person. A physician must personally dispense the medication. For the purpose of
				  this regulation, "personally dispense" means the physician must actually obtain
				  the medication, prepare, count, place the same into the appropriate container
				  and affix the appropriate label to the container.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.11 - Prescription Guidelines - All Medications

Current through June 25, 2024
In addition to any other requirements set forth in these
				  rules pertaining to the issuance of prescriptions of controlled substances, the
				  following additional requirements apply to all prescriptions, whether or not
				  said prescriptions are for controlled substances, legend drugs or any other
				  medication:
A. Prescriptions may not
				be written outside of a valid licensee-patient relationship. While not all of
				the elements in subsection A are necessary each time a prescription is
				authorized (e.g., via appropriate telemedicine as defined in Rule 5.5 of Part
				2635, calling in refills, taking call for a practice partner for short term
				care, etc.), all initial encounters, and at reasonable intervals thereafter,
				should conform to this rule and be done pursuant to a valid licensee-patient
				relationship. The elements of this valid relationship are:
1. verify that the person requesting the
				medical treatment is in fact who they claim to be;
2. conducting an appropriate history and
				physical examination of the patient that meets the applicable standard of care,
				which as previously stated may also be accomplished through appropriate
				telemedicine as defined in Part 2635 Rule 5.5;
3. 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;
4. discussing with the patient the diagnosis,
				risks and benefits of various treatment options to obtain informed consent;
5. insuring the availability of
				appropriate follow-up care; and
6.
				maintaining a complete medical record available to patient and other treating
				health care providers.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.12 - Freedom of Choice

Current through June 25, 2024
A licensee must not be influenced in the prescribing of
				  drugs, devices or appliances by a direct or indirect financial interest in a
				  pharmaceutical firm, pharmacy or other supplier.
A licensee may own or operate a pharmacy if there is no
				  resulting exploitation of patients. A licensee must not give patients
				  prescriptions in code or enter into agreements with pharmacies or other
				  suppliers regarding the filling of prescriptions by code. Patients are entitled
				  to the same freedom of choice in selecting who will fill their prescription
				  needs as they are in the choice of a provider. The prescription is a written
				  direction for a therapeutic or corrective agent. A patient is entitled to a
				  copy of the licensee's prescription for drugs or other devices as required by
				  the principles of medical ethics. The patient has a right to have the
				  prescription filled by any legal means. Where medication is to be dispensed or
				  a prescription, excluding refills, called in to a pharmacist for medication, a
				  licensee must inform each patient of that patient's right to a written
				  prescription and the right to have the prescription filled wherever the patient
				  wishes.
Patients have an ethically and legally recognized right to
				  prompt access to the information contained in their individual medical records.
				  The prescription is an essential part of the patient's medical record. If a
				  patient requests a written prescription in lieu of an oral prescription, this
				  request must be honored. Licensees must not discourage patients from requesting
				  a written prescription or urge, suggest or direct in any manner that a patient
				  fill a prescription at an establishment which has a direct telephone line or
				  which has entered into a business or other preferential arrangement with the
				  licensee with respect to the filling of the licensee's prescriptions.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.13 - Security of Controlled Substances

Current through June 25, 2024
In all clinics or offices within the control of a licensee,
				  all controlled substances and other drugs having addiction-forming or
				  addiction-sustaining liability must be maintained in such a manner as to deter
				  loss by theft or burglary. All controlled substances must be stored in a
				  securely locked, substantially constructed container or area. Only the
				  physician or persons authorized by the physician shall have access to this
				  storage area. When a licensee detects a loss of controlled substances, the
				  Board may issue an order requiring that person to appear before the Board and
				  present a plan designed to prevent further loss of controlled substances. The
				  Board has the authority to order implementation measures to improve security
				  over controlled substances.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.14 - Pain Management Medical Practice

Current through June 25, 2024
A. A pain
				management medical practice must have, at all times, a majority ownership (more
				than 50%) by a physician or group of physicians licensed by the Board, and/or a
				hospital or health care entity registered with the Secretary of State to do
				business in the state of Mississippi. The physician or physician owners must
				practice an annual average of at least 20 hours per week within the state of
				Mississippi.
B. Any physician who
				is practicing, or intends to practice, in a pain management medical practice
				must register with the Board.
C.
				Each physician owner of a pain management medical practice must meet the
				requirements set forth below.
D.
				Each licensee who serves as medical director, manager, or employee or who
				provides care in a pain management medical practice must meet the requirements
				set forth below.
A physician owner of a pain management medical practice, as
				  defined in R.1.2,
				  must:
1. maintain documents
				demonstrating proof of ownership or alternative documents with a written
				request for special consideration;
2. maintain ownership or investment interest
				information in any other pain management facility operating within the state of
				Mississippi that includes the name and address of the other pain management
				facility(ies) in which the physician has ownership or vested
				interest;
3. maintain documentation
				which identifies all individuals with prescriptive authority who are employed
				or contracted in any capacity at each facility; and
4. in addition to requirements set forth in
				section N of this rule, provide any documentation requested by the Board or its
				agents related to these requirements.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2640 - Rules Pertaining to Prescribing, Administering, and Dispensing Medication › Chapter 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.15 - Violation of Rules

Current through June 25, 2024
The prescribing, administering or dispensing of any
				  controlled substance in violation of the above rules shall constitute the
				  administering, dispensing or prescribing of any narcotic drug or other drug
				  having addiction-forming or addiction-sustaining liability otherwise than in
				  the course of legitimate professional practice, in violation of Mississippi
				  Code, Section
				  73-25-29(3).
The prescribing, administering or dispensing of any legend
				  drug or other medication in violation of the above rules constitutes
				  unprofessional conduct, dishonorable or unethical conduct likely to deceive,
				  defraud or harm the public, in violation of
Miss. Code
				  Ann.
, §
									73-25-29(8)(d).
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.16 - Effective Date of Rules

Current through June 25, 2024
The above rules pertaining to prescribing, administering and
				  dispensing of medication shall become effective October 31, 1987; as amended
				  November 1, 1990; as amended January 3, 1994; as amended September 10, 1995; as
				  amended June 30, 1996; as amended March 18, 1999; as amended May 20, 1999; as
				  amended February 17, 2001; as amended March 22, 2001; as amended July 15, 2004;
				  as amended October 14, 2004; as amended November 8, 2007; as amended May 15,
				  2008; as amended March 13, 2009; as amended March 24, 2011; as amended
				  September 17, 2012; as amended September 19, 2013; as amended May 22, 2014; as
				  amended November 13, 2015; and as amended September 20, 2018, and effective
				  October 29, 2018.
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 1 - Rules Pertaining to Prescribing, Administering and Dispensing of Medication › Rule 30-2640-1.17 - Effective Date of Rules

Current through June 25, 2024
The above rules pertaining to prescribing, administering and
				  dispensing of medication shall become effective October 31, 1987; as amended
				  November 1, 1990; as amended January 3, 1994; as amended September 10, 1995; as
				  amended June 30, 1996; as amended March 18, 1999; as amended May 20, 1999; as
				  amended February 17, 2001; as amended March 22, 2001; as amended July 15, 2004;
				  as amended October 14, 2004; as amended November 8, 2007; as amended May 15,
				  2008; as amended March 13, 2009; as amended March 24, 2011; as amended
				  September 17, 2012; and as amended September 19, 2013.
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 30-2640-2.1 - Scope

Current through June 25, 2024
The rules contained in this Part 2640, Chapter 2, are
				  promulgated by the Mississippi Board of Medical Licensure (the "Board") to
				  implement the Mississippi Medical Cannabis Act, Miss. Code Ann., §§
									41-137-1, et seq., (the "Act").
				  These rules shall apply to all licensees who are registered as certifying
				  practitioners with the Mississippi State Department of Health (MDOH); or who
				  are applying, or re-applying, to register as certifying practitioners with the
				  MDOH. Nothing in these rules shall be construed to require any licensee to
				  issue any written certification pursuant to the Act. No licensee is required to
				  register with the Board in order to certify patients. However, all advice or
				  services provided pursuant to the Act must meet or exceed the applicable
				  professional standard of care.
Miss. Code
				  Ann. §
										73-43-11 (1972, as amended); Miss.
				  Code Ann. §
										41-137-5(7)(c) 
				  (as amended Mar. 27, 2023); Miss. Code Ann. §
										41-137-9(2)(d)
				  (2022).