Mississippi Administrative Code

The following regulation sets forth the policies of the Mississippi State Board of Medical Licensure regarding post-operative surgical care rendered by individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi. Notes 30 Mis…

For the purpose of Part 2635, Chapter 1 only, the following terms have the meanings indicated: A. "Auxiliary" or "Auxiliaries" shall include, but is not limited to, registered nurses, licensed practical nurses, certified nursing assistants, physical therapists, nurse practitioner…

The responsibility for medical and surgical diagnoses is that of the licensed physician. In addition, it is the responsibility of the operating physician to explain the procedure and to obtain informed consent of the patient. It is not necessary, however, that the operating physi…

The management of post-surgical care is the responsibility of the operating physician. The operating physician should provide those aspects of post-surgical care which are within the unique competence of the physician. Patients are best served by having post-surgical care conduct…

The rules pertaining to Surgery/Post-Operative Care shall become effective October 23, 1994. Amended March 16, 2017. Notes 30 Miss. Code. R. 2635-1.5 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended 5/10/2017 Amended 9/14/2017

For the purpose of Part 2635, Chapter 10 only, the following terms have the meanings indicated: A. "Licensee" means any person licensed to practice by the Mississippi State Board of Medical Licensure (the "Board"). B. "Medical Records" means all records and/or documents relating …

Medical records, as defined herein, are and shall remain the property of the licensee in whose facility said records are maintained, subject to reasonable access to the information by authorized individuals or entities. In the case of employed or contracted licensees (those lacki…

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…

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 patie…

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…

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 d…

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 ch…

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 rate…

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). Notes 30 Miss. Code. R. 2635-10.9 Miss Code Ann. §…

Notes 30 Miss. Code. R. 2635-11.1 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.2 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.3 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.4 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.5 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.6 Miss. Code Ann. § 73-43-11 (1972, as amended).

Notes 30 Miss. Code. R. 2635-11.7 Miss. Code Ann. § 73-43-11 (1972, as amended). Adopted July 1, 1992. Amended November 18, 1993. Amended September 23, 1999.

The following rule on physician advertising applies to all individuals licensed to practice medicine, osteopathic medicine or podiatric medicine in the state of Mississippi. Notes 30 Miss. Code. R. 2635-12.1 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended 5/10/2017 Amended…

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 …

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 metho…

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 a…

The above rules pertaining to physician advertising shall become effective November 2, 1995. Amended January 24, 2008. Amended March 16, 2017. Notes 30 Miss. Code. R. 2635-12.5 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended 5/10/2017 Amended 9/14/2017

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 Lice…

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., § 73-2…

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 diagnos…

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 r…

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 …

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…

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 medic…

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 examin…

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…

As to the advertising of alternative therapies, data purportedly supporting unproven interventions commonly undermines information about risks and overemphasizes information about benefits. Information presented in advertising, including but not limited to clinic websites and soc…

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 regu…

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 personne…

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 pe…

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. Notes 30 Miss. Code. R. 2635-…

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 …

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 i…

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 Mississi…

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. Notes 30 Miss. Code. R. 2635-…

This regulation sets forth the policies of the Mississippi State Board of Medical Licensure regarding office based surgery rendered by individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi. Notes 30 Miss. Code. R. 2635-…

For the purpose of Part 2635, Chapter 2 only, the following terms have the meanings indicated: A. "Surgery" is defined as any operative procedure, including the use of lasers, performed upon the body of a living human being for the purposes of preserving health, diagnosing or cur…

For all surgical procedures, the level of sterilization shall meet current OSHA requirements. The surgeon must maintain complete records of each surgical procedure, including anesthesia records, when applicable and the records on all Level II and Level III cases shall contain wri…