Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2635 - Practice of Medicine › Chapter 8 - Medical Expert Activities by Physicians › Rule 30-2635-8.7 - Complaint Procedure, Investigation, Due Process, and Actions Available to the Board

Current through June 25, 2024
Any person who has reason to believe that any physician may
				  have failed to comply with any part of these rules in the performance of
				  medical expert activities may make a complaint to the Mississippi State Board
				  of Medical Licensure on a complaint form that is furnished by the Board.
Any physician, whether or not licensed to practice medicine
				  in Mississippi, who performs medical expert activities in the context of a
				  legal matter regarding any person, facility, entity, or event located within
				  the state of Mississippi may be subject to an investigation by the Mississippi
				  State Board of Medical Licensure upon the receipt of a complaint regarding the
				  physician's conduct or practice. Any such physician shall be afforded the due
				  process procedures of the law and Board rules. The Board, in its sole
				  discretion, may refer the complaint to the medical licensure authority of
				  another state, or to any other appropriate legal authority.
Any physician may request, or may be summoned by the Board,
				  to appear before the Board at a hearing to consider the physician's compliance
				  with these rules. Any physician's failure to appear when summoned to a hearing
				  may be deemed by the Board to be a waiver of the physician's due process
				  opportunity to appear before the Board and may result in a finding by the Board
				  that the physician is out of compliance with these rules
in
				  absentia
.
In disciplining a physician licensed to practice medicine in
				  Mississippi or otherwise holding any physician professionally accountable
				  pursuant to these rules and to the statutes, rulings, and other rules and
				  provisions of Mississippi law, the actions that the Mississippi State Board of
				  Medical Licensure may take include, but are not limited to, one or more of the
				  following:
A. Denying, suspending,
				restricting, or revoking a Mississippi license to practice medicine.
B. Administering a public or private
				reprimand to a Mississippi licensed physician.
C. Assessing up to $10,000 of the reasonable
				investigation costs expended by the Board in investigating a Mississippi
				licensed physician.
D. Moving for
				an injunction in Chancery Court to prohibit any physician's further performance
				of medical expert activities.
E.
				Petitioning the Chancery Court to cite any noncompliant physician for contempt
				of court.
F. Referring the matter
				to another medical licensure authority or other legal authority for action
				regarding any physician.
G. Any
				other action regarding any physician that the Board may deem proper under the
				circumstances (e.g., issuing an advisory letter of concern; issuing a notice of
				warning; issuing a cease and desist notice; or adopting a resolution of
				disapproval of any physician's medical expert activities). Any physician who is
				found by the Mississippi State Board of Medical Licensure to have failed to
				comply with any part of these rules may be reported by the Board to any person
				or organization appropriate under the circumstances in order to enforce or
				comply with the law or to protect the public, including, but not limited to,
				the National Practitioner Data Bank, the U.S. Department of Health and Human
				Services Office of the Inspector General, the Centers for Medicare and Medicaid
				Services, the Federation of State Medical Boards, the medical licensure
				authority or state medical association in any state in which the physician is
				licensed to practice medicine, the American Board of Medical Specialties and
				any of its member specialty boards, the Mississippi Attorney General or
				District Attorney, the United States Attorney, any state or federal court or
				administrative agency, any national or state professional organization or
				medical specialty association, and any other appropriate person, government
				agency, healthcare entity, or legal authority.
Miss. Code Ann. §
										73-43-11
				  (1972, as amended).