Mississippi Administrative Code

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 prohib…

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 certifyin…

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 o…

The following Rules of Procedure apply to all individuals licensed to practice medicine, osteopathic medicine and podiatric medicine in the state of Mississippi. Notes 30 Miss. Code. R. 2645-1.1 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended 7/7/2017

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.…

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 evid…

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. Notes 30 Miss. Code. R. 2645-1.12 Miss. Code Ann. § 73-43-11 (1972, as amended). Amended 7/7/2017…

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 peti…

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 indiv…

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 in…

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 an…

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 respon…

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 B…

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. …

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 n…

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 …

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 …

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…

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 st…

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 su…

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 distingu…

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-aut…

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 est…

A. Scope This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Mississippi State Board of Medical Licensure ("the Board") pursuant to Mississip…

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 unde…

A. Whenever used in these Rules and Regulations, unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: (1) "Nursing Home Administrator" or…

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 …

A. Every rule, regulation, order, and direction adopted by the Board shall state the date on which it takes effect and a copy thereof signed by the Chairman of the Board, and shall be filed as a public record in the office of the Board and in the office of the Secretary of State.…

A. Licensure Requirements From and after July 1, 2012, in order to be eligible to be licensed as a nursing home administrator, an individual must submit evidence satisfactory to the Board that he or she: (1) Is at least twenty-one (21) years of age; (2) Is of good moral character…

A. Administrator-in-Training (A.I.T.) Application An applicant for the A.I.T. Program shall file a written or electronic application, on the forms prescribed and furnished by the Board, pay all applicable fees, and furnish evidence satisfactory to the Board that he or she has met…

Applicants who seek licensure as a Nursing Home Administrator must meet one of the following program requirements: A. Administrator-in-Training (A.I.T.) and Preceptor Program(1) Administrator-in-Training(a) After Board action is taken to approve the applicant's qualifications, as…

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 writi…

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 lim…

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 …

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 sectio…

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…

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 o…

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 …

A. Pursuant to Section 73-17-9(g) of the Act, it shall be the function and duty of the Board to devise and implement an educational program designed to increase the proficiency of nursing home administrators and to assist otherwise qualified individuals to prepare for careers in …

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. Notes 30 Miss. Code. R. 2703-2.3 Miss. Code Ann. Section 73-17-7(2)(Rev. 2008).

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. Notes 30 Miss. Code. R. 2703-2.4 Mi…

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, a…

Upon receipt of satisfactory evidence that a license or certificate of registration has been lost, mutilated, or destroyed, the Board may issue a duplicate license or certificate upon such conditions as the Board may prescribe, and upon payment of a fee of Fifty Dollars ($50.00).…

No administrator shall administer more than one nursing home, except temporarily in the event an administrator dies, becomes incapacitated, or resigns unexpectedly and the owner, manager, or governing body is unable to employ a licensed nursing home administrator immediately. How…

A. General This rule specifies a procedure for the investigation and resolution of complaints and administrative actions concerning nursing home administrators, administrators-in-training (A.I.T.), and permit holders. B. Criminal Offenses It shall be an offense punishable as a mi…

Appeals shall be perfected in accordance with the applicable Statute. Notes 30 Miss. Code. R. 2703-3.10 Miss. Code Ann. Section 73-17-7(2)(Rev. 2008); and Miss. Code Ann. Sections 73-17-15(3) and (4)(Supp. 2011).

A. A license may be restored after revocation by the Board upon submission of evidence satisfactory to the Board that the applicant for such restoration of license has met all requirements by the Board for being reinstated to active license. B. Upon such application for restorati…