HB 686 — Patient's Right to Informed Health Care Choices Act & prohibitions against deceptive advertising by providers; extend repealers on.

HB 686 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Turner House Bill 686 (As PassedSent theto House)Governor) AN ACT TO REENACT SECTIONS 41-121-1 THROUGH 41-121-9, MISSISSIPPI CODE OF 1972, WHICH ARE THE PATIENT'S RIGHT TO INFORMED HEALTH CARE CHOICES ACT RELATING TO ADVERTISEMENTS FOR HEALTH CARE SERVICES;

TO AMEND SECTIONS 73-6-19, 73-9-61, 73-15-29, 73-19-23, 73-21-97, 73-26-5, 73-27-13 AND 73-39-77, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALERS ON THE PROVISIONS THAT MAKE VIOLATIONS OF THE PATIENT'S RIGHT TO INFORMED HEALTH CARE CHOICES ACT BY HEALTH CARE PRACTITIONERS SPECIFIC GROUNDS FOR DISCIPLINARY ACTION AGAINST LICENSEES;

TO AMEND SECTION 73-19-23, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER AND TO REQUIRE THE BOARD OF OPTOMETRY TO CONDUCT CRIMINAL HISTORY RECORDS CHECKS ON LICENSURE APPLICANTS AND ON LICENSEES WHOSE LICENSURE IS SUBJECT TO INVESTIGATION BY THE BOARD;

                   (d)  Revoke or cancel his license or other authorization to practice chiropractic;

          (m) (m) Failure Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.

                   (c)  Has negligently or willfully acted in a manner inconsistent with the health or safety of the persons under the licensee's care;

                   (c)  All of the procedures and records regarding the licensee's participation in the program shall be confidential, shall not be disclosed and shall be exempt from the provisions of the Mississippi Public Records Act of 1983;

     73-19-23.  (1)  (a)  The board shall refuse to grant a certificate of licensure to any applicant and may cancel, revoke or suspend the operation of any certificate by it granted for any or all of the following reasons:  unprofessional and unethical conduct or the conviction of a crime involving moral turpitude, habitual intemperance in the use of ardent spirits, or stimulants, narcotics, or any other substance that impairs the intellect and judgment to such an extent as to incapacitate one for the performance of the duties of an optometrist.  The certificate of licensure of any person can be revoked for violating any section of this chapter.

          (b)  The board shall conduct a criminal history records check on licensure applicants and on licensees whose licenses are subject to investigation.

              (i)  The applicant or licensee shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant or licensee shall submit a full set of the applicant's fingerprints in a form or manner prescribed by the board, which shall be forwarded to the Bureau of Investigation Identification Division for this purpose.

              (ii)  Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or licensee or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

              (iii)  The board shall provide to the department the fingerprints of the applicant or licensee, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

              (iv)  The board shall charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant or licensee.

          (o)(o)   ObtainingObtaining any fee by fraud, deceit or misrepresentation.

          (t)  The designation of any person licensed under this chapter, other than by the terms "optometrist," "Doctor of Optometry" or "O.D.," which through June 30, * * *2020 2023,2025, shall include any violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.

grounds for disciplinary actions and discipline of physician assistants, which through June 30, * * *2020 2023,2025, shall specifically include discipline for violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners;

          (f) (f) Conviction Conviction of a felony or misdemeanor involving moral turpitude.