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Mississippi Legislature· HB 942Approved by Governor (Chapter 373)

Chiropractors; extend repealer on licensure law., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services

By: Representative Shanks

House Bill 942

(As Sent to Governor)

AN ACT TO REENACT SECTIONS 73-6-1 THROUGH 73-6-19 AND 73-6-23
THROUGH 73-6-31, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF
CHIROPRACTIC EXAMINERS AND PRESCRIBE ITS DUTIES AND POWERS; TO AMEND
REENACTED SECTION 73-6-1, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT
THAT CHIROPRACTORS MUST PRACTICE UNDER THE DIRECT AND IMMEDIATE SUPERVISION OF
A VETERINARIAN WHEN RESPONDING TO CALLS FOR ANIMALS REQUIRING THEIR
PROFESSIONAL SERVICES PROVIDED THAT THE CHIROPRACTOR IS A CERTIFIED ANIMAL CHIROPRACTOR;
TO AMEND SECTION 73-6-33, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE
REPEALER ON THE REENACTED SECTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
73-6-1, Mississippi Code of 1972, is amended as follows:

73-6-1.  (1)  The practice
of chiropractic involves the analysis of any interference with normal nerve
transmission and expression, and the procedure preparatory to and complementary
to the correction thereof, by adjustment and/or manipulation of the
articulations of the vertebral column and for the restoration and maintenance
of health without the use of drugs or surgery.

(2)  The chiropractic
adjustment and/or manipulation of the articulations of the human body may include
manual adjustments and/or manipulations and adjustments and/or manipulations by
means of electrical and/or mechanical manual devices.  Chiropractors licensed
under this chapter may also use in conjunction with adjustments and/or
manipulations of the spinal structures electrical therapeutic modalities which
induce heat or electrical current beneath the skin, including therapeutic
ultrasound, galvanism, diathermy and electromuscular stimulation and other
procedures taught by a chiropractic college approved by the Council on Chiropractic
Education, its successor or an equivalent accrediting agency.

(3)  Chiropractors licensed
under this chapter may utilize those electric therapeutic modalities described
in subsection (2) of this section only after the chiropractor has completed a
course of study containing a minimum of one hundred twenty (120) hours of
instruction in the proper utilization of those procedures in accordance with
the guidelines set forth by the Council on Chiropractic Education, its successor
or an equivalent accrediting agency, and is qualified and so certified in that
proper utilization.

(4)  Chiropractors shall not
prescribe or administer medicine to patients, perform surgery, practice
obstetrics or osteopathy.  Chiropractors shall be authorized to recommend,
dispense or sell vitamins or food supplements.

(5)  Chiropractors shall not
use venipuncture, capillary puncture, acupuncture or any other technique which
is invasive of the human body either by penetrating the skin or through any of
the orifices of the body or through the use of colonics.

(6)  A person professing to
practice chiropractic for compensation must bring to the exercise of that
person's profession a reasonable degree of care and skill.  Any injury
resulting from a want of such care and skill shall be a tort for which a
recovery may be had.  If a chiropractor performs upon a patient any act
authorized to be performed under this chapter but which act also constitutes a
standard procedure of the practice of medicine including, but not limited to,
the use of modalities such as those described in subsection (2) of this section
and x-rays, under similar circumstances, the chiropractor shall be held to the
same standard of care as would licensed doctors of medicine who are qualified
to and who actually perform those acts under similar conditions and like
circumstances.

(7)  Chiropractors licensed
under this chapter are authorized to refer patients to licensed physical
therapists for treatment.

(8)  Doctors of chiropractic
medicine may respond on a referral basis * * * and under the direct and immediate supervision of
from a Mississippi licensed veterinarian to calls for animals requiring
their professional services provided the chiropractor has a current license
from the State Board of Chiropractic Examiners and the chiropractor * * *
has completed a Mississippi Board of Veterinary
Medicine approved animal chiropractic course is a Certified
Animal Chiropractor certified by the Animal Chiropractic Certification
Commission (ACCC) of the American Veterinary Chiropractic Association (AVCA) or
the International Veterinary Chiropractic Association.

SECTION 2.  Section
73-6-3, Mississippi Code of 1972, is reenacted as follows:

73-6-3.  There is hereby
created a State Board of Chiropractic Examiners.  This board shall consist of
six (6) members; one (1) of whom shall be the executive officer of the State
Board of Health, or his designee, and one (1) from each congressional district
as presently constituted, to be appointed by the Governor with the advice and
consent of the Senate.  Each member except the executive officer of the State
Board of Health shall be a qualified elector of the State of Mississippi having
been continuously engaged in the practice of chiropractic in Mississippi for at
least five (5) years prior to appointment.  No member shall be a stockholder in
or member of the faculty or board of trustees of any school of chiropractic.
Each member appointed to the board shall serve for five (5) years and until his
successor is appointed and qualified; except the terms of the initial members
appointed by the Governor shall expire one (1) each for five (5) years or until
their successors are appointed and qualified.  The members of the board as
constituted on January 1, 2011, whose terms have not expired shall serve the
balance of their terms, after which time the membership of the board shall be
appointed as follows:  There shall be appointed one (1) member of the board
from each of the four (4) Mississippi congressional districts as they currently
exist, and one (1) from the state at large, and the Governor shall make
appointments from the congressional district having the smallest number of
board members until the membership includes one (1) member from each district
as required.  Vacancies on the board, except for the Executive Officer of the
State Board of Health, or his designee, shall be filled by appointment of the
Governor only for unexpired terms.  Any member who shall not attend two (2)
consecutive meetings of the board shall be subject to removal by the Governor.
The chairman of the board shall notify the Governor in writing when any such
member has failed to attend two (2) consecutive regular meetings.

SECTION 3.  Section
73-6-5, Mississippi Code of 1972, is reenacted as follows:

73-6-5.  (1)  The State
Board of Chiropractic Examiners shall select by election from its membership a
chairman and vice chairman who shall hold their respective offices for a period
of one (1) year.  A majority of the members of the board may select an
executive secretary; and may hire such other employees, including an attorney,
needed to implement the provisions of this chapter.  The board shall hold
regular meetings for examination beginning on the second week of January and
July of each year; and may hold additional meetings at such times and places as
it deems necessary, but not to exceed twelve (12) times during its initial
calendar year and at least four (4) times during any subsequent calendar year
but may hold meetings at such times and places as it deems necessary.  The July
meeting shall be held in the Jackson Metropolitan area.  A majority of the
board shall constitute a quorum, and the concurrence of a majority of the
members of the board shall be required to grant or revoke a license.  The board
shall make such rules and regulations as is necessary to carry out the
provisions of this chapter; however, the board shall not adopt any rule or
regulation or impose any requirement regarding the licensing of chiropractors
that conflicts with the prohibitions in Section 73-49-3.  A copy of these rules
and regulations as well as all changes thereto shall, upon passage, be sent to
all practitioners licensed under this chapter.

(2)  The State Board of
Chiropractic Examiners shall be authorized to certify to the State Department
of Health those chiropractic assistants who are exempt from registration under
Section 41-58-3(7)(d) as having completed continuing education requirements and
charge a fee of not more than Fifty Dollars ($50.00) annually to each
individual whom the board certifies, as required under Section 41-58-5(4)and
(6).  The board shall be authorized to establish educational qualifications and
continuing education requirements for chiropractic assistants that participate
in direct patient care.  This section does not prohibit a chiropractic
assistant from rendering ancillary services or procedures used in chiropractic
practice, other than the adjustments or manipulative techniques, if those
services are rendered under the supervision and control of a licensed
chiropractor as long as the chiropractic assistant has successfully completed a
training program recognized by the board.  "Supervision and control"
may not be construed as requiring the personal presence of the supervising and
controlling chiropractor at the place where those services are rendered, unless
physical presence is necessary to provide patient care of the same quality as
provided by the chiropractor.  This section does not prohibit a chiropractor
from delegating to a chiropractic assistant certain activities relating to
patient care and treatment when those activities are under supervision or
direct order of the chiropractor.  The chiropractor delegating those activities
to an employee, to a program graduate, or to a participant in an approved
training program is legally liable for those activities performed by such a
chiropractic assistant and that chiropractic assistant is considered to be the
chiropractor's agent.  The board shall charge a fee not to exceed Fifty Dollars
($50.00) annually for this certification and annual renewal.  Likewise, a late
fee of One Hundred Dollars ($100.00) shall be charged on all chiropractic
assistants and chiropractic radiological technologists not renewing on or
before July 1 of each year.  Chiropractic radiological technologists are not
exempt from these continuing education requirements.

SECTION 4.  Section
73-6-7, Mississippi Code of 1972, is reenacted as follows:

73-6-7.  Before entering
upon the discharge of the duties of his office, the Executive Secretary of the
State Board of Chiropractic Examiners shall present a bond, approved by the board,
to the state in the sum of Ten Thousand Dollars ($10,000.00), conditioned upon
the faithful discharge of the duties of his office.  The premium for such bond
shall be paid from the funds paid into the State Treasury by the secretary of
the board.  Such bond, with the approval of the board and oath of office
endorsed thereon, shall be deposited with the Secretary of State.

Each month, monies received
by the secretary of the board shall be paid by him into the State Treasury and
deposited in a fund to be known as the "State Board of Chiropractic
Examiners Fund" for the use of the board in carrying out the provisions of
this chapter.  The board shall receive no appropriation from any state funds
for its support, except from the special fund deposited into the State Treasury
by the board.

SECTION 5.  Section
73-6-9, Mississippi Code of 1972, is reenacted as follows:

73-6-9.  Each member of the
State Board of Chiropractic Examiners shall receive the per diem authorized
under Section 25-3-69, for each day actually discharging his official duties,
and shall receive reimbursement for mileage and necessary expense incurred, as
provided in Section 25-3-41.  The executive secretary shall receive an annual
salary to be fixed by the board in addition to reimbursements for necessary
expenses incurred in the discharge of his official duties.

The expenses of the board in
carrying out the provisions of this chapter shall be paid upon requisitions
signed by the chairman and secretary of the board and warrants signed by the
State Auditor from the fund in the State Treasury for the use of the board.
Said expenses shall not exceed the amount paid into the State Treasury under
the provisions of this chapter.

SECTION 6.  Section
73-6-11, Mississippi Code of 1972, is reenacted as follows:

73-6-11.  The State Board of
Chiropractic Examiners shall adopt an official seal and shall keep a record of
its proceedings, persons licensed as chiropractors, and a record of licenses
which have been revoked or suspended.  The board shall keep on file all
examination papers for a period of at least ninety (90) days after each
examination.  A transcript of an entry in such records, certified by the
secretary under the seal of the board, shall be evidence of the facts therein
stated.  The board shall annually, on or before January 1, make a report to the
Governor and Legislature of all its official acts during the preceding year, its
receipts and disbursements, and a full and complete report of the conditions of
chiropractic in this state.

SECTION 7.  Section
73-6-13, Mississippi Code of 1972, is reenacted as follows:

73-6-13.  (1)  Any adult of
good moral character who has (a) graduated from a school or college of
chiropractic recognized by the State Board of Chiropractic Examiners, preceded
by the successful completion of at least two (2) academic years at an
accredited institution of higher learning, or accredited junior college, and
(b) successfully completed parts 1, 2, 3 and 4 and the physical modality
section of the examination prepared by the National Board of Chiropractic
Examiners, shall be entitled to take the examination for a license to practice
chiropractic in Mississippi.  The State Board of Chiropractic Examiners shall
keep on file a list of schools or colleges of chiropractic which are so
recognized.  No chiropractic school shall be approved unless it is recognized
and approved by the Council on Chiropractic Education, its successor or an
equivalent accrediting agency, offers an accredited course of study of not less
than four (4) academic years of at least nine (9) months in length, and
requires its graduates to receive not less than forty (40) clock hours of
instruction in the operation of x-ray machinery and not less than forty (40)
clock hours of instruction in x-ray interpretation and diagnosis.

(2)  Except as otherwise
provided in this section, the State Board of Health shall prescribe rules and
regulations for the operation and use of x-ray machines.

(3)  The examination to
practice chiropractic used by the board shall consist of testing on the
statutes and the rules and regulations regarding the practice of chiropractic
in the State of Mississippi.

(4)  Reciprocity privileges
for a chiropractor from another state shall be granted at the board's option on
an individual basis and by a majority vote of the State Board of Chiropractic
Examiners to an adult of good moral character who (a) is currently an active competent
practitioner for at least eight (8) years and holds an active chiropractic
license in another state with no disciplinary proceeding or unresolved
complaint pending anywhere at the time a license is to be issued by this state,
(b) demonstrates having obtained licensure as a chiropractor in another state
under the same education requirements which were equivalent to the education
requirements in this state to obtain a chiropractic license at the time the
applicant obtained the license in the other state, (c) satisfactorily passes
the examination administered by the State Board of Chiropractic Examiners, and
(d) meets the requirements of Section 73-6-1(3) pertaining to therapeutic
modalities.  The issuance of a license by reciprocity to a military-trained
applicant, military spouse or person who establishes residence in this state
shall be subject to the provisions of Section 73-50-1 or 73-50-2, as
applicable.

SECTION 8.  Section
73-6-14, Mississippi Code of 1972, is reenacted as follows:

73-6-14.  (1)  The State
Board of Chiropractic Examiners is hereby authorized to establish a
preceptorship and extern program whereby chiropractic students enrolled in
their last year at a board-approved chiropractic college accredited by the
Council on Chiropractic Education, its successor or an equivalent accrediting
agency, and recent chiropractic graduates of such schools may be issued a
limited license to practice chiropractic in the State of Mississippi under the
direct on-premises supervision of a sponsoring licensed chiropractor, and in
the case of chiropractic students, also under the general supervision of the
student's school.  The State Board of Chiropractic Examiners shall prohibit the
use of more than one (1) such limited license student or graduate to one (1)
sponsor licensed to practice chiropractic.  The State Board of Chiropractic
Examiners is empowered to establish rules and regulations for the
implementation of this subsection (1), including, but not limited to, providing
academic, professional and character requirements for eligible participants,
defining the permitted scope of practice of the limited licensee, and
prescribing fees for participation.

(2)  The State Board of
Chiropractic Examiners is hereby authorized to establish a Travel to Treat temporary
license whereby nonresident chiropractors traveling with nonresident entities,
including, but not limited to sports teams, will be able to practice
chiropractic on members of their entities while in the State of Mississippi.
The board is empowered to establish rules and regulations for the
implementation of this subsection (2), including, but not limited to, providing
professional requirements for eligible participants, defining the permitted
scope of practice of the traveling chiropractors, and prescribing fees for
participation.

(3)  The State Board of
Chiropractic Examiners is hereby authorized to establish an emergency license
to nonresident chiropractors to practice in the place of a chiropractor
licensed in the State of Mississippi.  Such emergency license shall remain in
force for a period not to exceed ninety (90) days, unless extended for an
additional period of ninety (90) days by the board or until the licensed
resident chiropractor is able to resume his practice.  The board is empowered to
establish rules and regulations for the implementation of this subsection (3),
including, but not limited to, providing professional requirements for eligible
participants, defining the scope of practice for emergency licensees, and
prescribing fees for participation.

SECTION 9.  Section
73-6-15, Mississippi Code of 1972, is reenacted as follows:

73-6-15.  Every applicant
shall file with the secretary of the board an application, verified by oath,
setting forth the facts which entitle the applicant to examination under the
provisions of this chapter.  The State Board of Chiropractic Examiners shall
hold at least two (2) examinations each year.  In case of failing to pass such
examination, the applicant, after the expiration of six (6) months and within two
(2) years, shall have the privilege of taking a second examination by the board
with the payment of an additional fee equal to that charged the State Board of
Chiropractors by the National Board of Chiropractic Examiners.  An applicant
who fails the examination twice shall not be permitted to retake the
examination until completion of further course of study to be outlined by the
board and payment of the fee for further examination.  Every applicant who
passed the examination and otherwise complies with the provisions of this
chapter shall receive from the board, under its seal, a certificate of
licensure which entitles him to practice chiropractic in this state; however,
such certificate does not in any way qualify a chiropractor to make application
to practice on the medical staff of any hospital licensed by the State
Department of Health.  Nothing in this chapter may prevent a chiropractor from
making application to any hospital for chiropractic staff privileges or as an
allied health provider as outlined under the Minimum Standardsfor the of Operationof for Mississippi Hospitals.  Such certificate shall be duly
registered in a record book which shall be properly kept by the secretary of
the board and which shall be open to public inspection.  A duly certified copy
of said record shall be competent evidence in all courts of this state to
establish licensure.

Each application or filing
made under this section shall include the social security number(s) of the
applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 10.  Section
73-6-17, Mississippi Code of 1972, is reenacted as follows:

73-6-17.  The State Board of
Chiropractic Examiners shall charge the following fees for application,
examination and issuance of certificates:  application, One Hundred Dollars
($100.00); examination and issuance of certificate, Two Hundred Dollars
($200.00) for all applicants; provided, however, that resident and nonresident
applicants shall have first successfully completed parts 1, 2, 3 and 4 and the
physical modality section of the examination prepared by the National Board of
Chiropractic Examiners.

Except as provided in
Section 33-1-39, every registered chiropractor in order to continue the
practice of chiropractic shall pay annually to the secretary of the board a
registration renewal fee of not more than Three Hundred Dollars ($300.00) and,
in addition to such renewal fee, shall be required to file with the secretary
of the board a certificate, certified by a state chiropractic board and state
chiropractic association, verifying his attendance at a course of study
approved by the board consisting of not less than twelve (12) hours of
instruction in the latest developments in the practice of chiropractic of which
at least three (3) hours shall be instruction in the subject of risk
management.  Provided, that any chiropractor who has reached the age of seventy-five
(75) years and is not participating in an active practice shall not be required
to pay said renewal fee or submit the twelve (12) hours of continuing
education.  Any chiropractor who has received a certificate of licensure in
this state under the provisions of Section 73-6-13(4) shall be in good standing
in the state of his original licensure in order to renew his certificate in
this state, and the board shall refuse to renew the certificate of any such
chiropractor whose license has been suspended or revoked for cause in the state
of his original licensure.  In case of failure to pay the renewal fee, the
board may revoke such certificate after giving sixty (60) days' notice to the
holder who, within such period, may renew such certificate upon payment of the
delinquent fee with a special processing charge of not more than Three Hundred
Dollars ($300.00).  Lack of participation in active practice for a period of
less than two (2) years, except when a doctor is in active military duty, shall
not deprive the holder of the right to renew such certificate, without
examination, upon the payment of all lapsed fees and proof of required continuing
education hours.

SECTION 11.  Section
73-6-18, Mississippi Code of 1972, is reenacted as follows:

73-6-18.  These standards
apply to all licensed chiropractors and chiropractic assistants.  These
standards also apply to those consultations and examinations advertised as a
reduced fee or free (no charge) service:

(a)  The chiropractor
shall maintain records for patients which accurately, legibly and completely
reflect the evaluation and treatment of the patient.

(b)  All patient
records shall include patient history, symptomatology, examination, diagnosis,
prognosis and treatment.  If abbreviations or symbols are used in daily record
keeping, a key must be provided.

(c)  In the event that
the board takes disciplinary action against a chiropractor for any reason,
these minimum record keeping standards will apply.  It is understood that these
procedures are the accepted standard(s) and anything less than this shall be
considered unprofessional conduct in the practice of chiropractic.

SECTION 12.  Section
73-6-19, Mississippi Code of 1972, is reenacted as follows:

73-6-19.  (1)  The board
shall refuse to grant a certificate of licensure to any applicant or may
cancel, revoke or suspend the certificate upon the finding of any of the
following facts regarding the applicant or licensed practitioner:

(a)  Failure to comply
with the rules and regulations adopted by the State Board of Chiropractic
Examiners;

(b)  Violation of any
of the provisions of this chapter or any of the rules and regulations of the
State Board of Health pursuant to this chapter with regard to the operation and
use of x-rays;

(c)  Fraud or deceit in
obtaining a license;

(d)  Addiction to the
use of alcohol, narcotic drugs, or anything which would seriously interfere
with the competent performance of his professional duties;

(e)  Conviction by a
court of competent jurisdiction of a felony, other than manslaughter or any
violation of the United States Internal Revenue Code;

(f)  Unprofessional and
unethical conduct;

(g)  Contraction of a
contagious disease which may be carried for a prolonged period;

(h)  Failure to report
to the Mississippi Department of Human Services or the county attorney any case
wherein there are reasonable grounds to believe that a child or vulnerable
adult has been abused by its parent or person responsible for such person's
welfare;

(i)  Advising a patient
to use drugs, prescribing or providing drugs for a patient, or advising a
patient not to use a drug prescribed by a licensed physician or dentist;

(j)  Professional
incompetency in the practice of chiropractic;

(k)  Having
disciplinary action taken by his peers within any professional chiropractic
association or society;

(l)  Offering to accept
or accepting payment for services rendered by assignment from any third-party
payor after offering to accept or accepting whatever the third-party payor
covers as payment in full, if the effect of the offering or acceptance is to
eliminate or give the impression of eliminating the need for payment by an
insured of any required deductions applicable in the policy of the insured;

(m)  Associating his
practice with any chiropractor who does not hold a valid chiropractic license
in Mississippi, or teach chiropractic manipulation to nonqualified persons
under Section 73-6-13;

(n)  Failure to make
payment on chiropractic student loans;

(o)  Failure to follow
record-keeping requirements prescribed in Section 73-6-18;

(p)  If the
practitioner is certified to provide animal chiropractic treatment, failure to
follow guidelines approved by the Mississippi Board of Veterinary Medicine; or

(q)  Violation(s) of the
provisions of Sections 41-121-1 through 41-121-9 relating to deceptive
advertisement by health care practitioners.

(2)  Any holder of such certificate
or any applicant therefor against whom is preferred any of the designated
charges shall be furnished a copy of the complaint and shall receive a formal
hearing in Jackson, Mississippi, before the board, at which time he may be
represented by counsel and examine witnesses.  The board is authorized to
administer oaths as may be necessary for the proper conduct of any such
hearing.  In addition, the board is authorized and empowered to issue subpoenas
for the attendance of witnesses and the production of books and papers.  The
process issued by the board shall extend to all parts of the state.  Where in
any proceeding before the board any witness shall fail or refuse to attend upon
subpoena issued by the board, shall refuse to testify, or shall refuse to
produce any books and papers, the production of which is called for by the
subpoena, the attendance of such witness and the giving of his testimony and
the production of the books and papers shall be enforced by any court of
competent jurisdiction of this state in the manner provided for the enforcement
of attendance and testimony of witnesses in civil cases in the courts of this
state.

(3)  In addition to any
other investigators the board employs, the board shall appoint one or more
licensed chiropractors to act for the board in investigating the conduct
relating to the competency of a chiropractor, whenever disciplinary action is
being considered for professional incompetence and unprofessional conduct.

(4)  Whenever the board
finds any person unqualified to practice chiropractic because of any of the
grounds set forth in subsection (1) of this section, after a hearing has been
conducted as prescribed by this section, the board may enter an order imposing
one or more of the following:

(a)  Deny his application
for a license or other authorization to practice chiropractic;

(b)  Administer a
public or private reprimand;

(c)  Suspend, limit or
restrict his license or other authorization to practice chiropractic for up to
five (5) years;

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

(e)  Require him to
submit to care, counseling or treatment by physicians or chiropractors
designated by the board, as a condition for initial, continued or renewal of
licensure or other authorization to practice chiropractic;

(f)  Require him to
participate in a program of education prescribed by the board; or

(g)  Require him to
practice under the direction of a chiropractor designated by the board for a
specified period of time.

(5)  Any person whose
application for a license or whose license to practice chiropractic has been
cancelled, revoked or suspended by the board within thirty (30) days from the
date of such final decision shall have the right of a de novo appeal to the
circuit court of his county of residence or the Circuit Court of the First
Judicial District of Hinds County, Mississippi.  If there is an appeal, such
appeal may, in the discretion of and on motion to the circuit court, act as a
supersedeas.  The circuit court shall dispose of the appeal and enter its
decision promptly. The hearing on the appeal may, in the discretion of the
circuit judge, be tried in vacation.  Either party shall have the right of
appeal to the Supreme Court as provided by law from any decision of the circuit
court.

(6)  In a proceeding
conducted under this section by the board for the revocation, suspension or
cancellation of a license to practice chiropractic, after a hearing has been
conducted as prescribed by this section, the board shall have the power and
authority for the grounds stated in subsection (1) of this section, with the
exception of paragraph (c) thereof, to assess and levy upon any person licensed
to practice chiropractic in the state a monetary penalty in lieu of such revocation,
suspension or cancellation, as follows:

(a)  For the first
violation, a monetary penalty of not less than Five Hundred Dollars ($500.00)
nor more than One Thousand Dollars ($1,000.00) for each violation.

(b)  For the second and
each subsequent violation, a monetary penalty of not less than One Thousand
Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00)
for each violation.

The power and authority of
the board to assess and levy such monetary penalties under this section shall
not be affected or diminished by any other proceeding, civil or criminal,
concerning the same violation or violations.  A licensee shall have the right
of appeal from the assessment and levy of a monetary penalty as provided in
this section to the circuit court under the same conditions as a right of
appeal is provided for in this section for appeals from an adverse ruling, or
order, or decision of the board.  Any monetary penalty assessed and levied
under this section shall not take effect until after the time for appeal has
expired, and an appeal of the assessment and levy of such a monetary penalty shall
act as a supersedeas.

(7)  In addition to the
grounds specified in subsection (1) of this section, the board shall be
authorized to suspend the license of any licensee for being out of compliance
with an order for support, as defined in Section 93-11-153.  The procedure for
suspension of a license for being out of compliance with an order for support,
and the procedure for the reissuance or reinstatement of a license suspended
for that purpose, and the payment of any fees for the reissuance or reinstatement
of a license suspended for that purpose, shall be governed by Section 93-11-157
or 93-11-163, as the case may be.  Actions taken by the board in suspending a
license when required by Section 93-11-157 or 93-11-163 are not actions from
which an appeal may be taken under this section.  Any appeal of a license
suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in
accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163,
as the case may be, rather than the procedure specified in this section.  If
there is any conflict between any provision of Section 93-11-157 or 93-11-163
and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163,
as the case may be, shall control.

SECTION 13.  Section
73-6-23, Mississippi Code of 1972, is reenacted as follows:

73-6-23.  Nothing in this
chapter shall be construed as conferring upon the holder of such certificate
the right to practice medicine and surgery as a physician or osteopathic
physician as defined by statute, to engage in the practice of physical therapy
as defined by statute, to advise or prescribe the use of drugs by his patients,
or to advise a patient not to use a drug prescribed by a licensed physician or
dentist.

SECTION 14.  Section
73-6-25, Mississippi Code of 1972, is reenacted as follows:

73-6-25.  (1)  The members
of the chiropractic profession, licensed or unlicensed, are hereby prohibited
from:

(a)  Making use of any
public statement of a character tending to mislead the public in regard to the
health services of the chiropractic profession or of an individual
chiropractor, or use of any other professional designation other than the term
"chiropractor," "doctor of chiropractic," "D.C."
or "chiropractic physician"; however, the use of the title
"chiropractic physician" authorized in this paragraph (a) shall not
be construed as conferring upon the holder of a license to practice
chiropractic any right or responsibility given to a "physician" by
any other Mississippi statute, unless the statute specifically confers the
right or responsibility on a "chiropractor" or a "chiropractic
physician";

(b)  Offering discounts
or inducements to prospective patients by means of coupons or otherwise to
perform professional services during any period of time for a lesser or more
attractive price without providing a disclaimer to the public indicating the
usual price for other services;

(c)  Advertising or
promising to guarantee any professional service or to perform any operation
painlessly;

(d)  Violating any of
the provisions of this chapter or any of the rules and regulations of the State
Board of Health pursuant to this chapter with regard to the operation and use
of x-rays.

(2)  Nothing herein shall be
construed to prohibit a licensed practitioner of chiropractic from allowing or
causing his name, address and telephone number to be inserted in the classified
section of a telephone directory under a classification denoting the
practitioner's profession.  Nothing herein shall be construed to prohibit a
licensed practitioner from mailing letters to his clients, but such letters
shall otherwise be subject to the provisions of this section.

SECTION 15.  Section
73-6-26, Mississippi Code of 1972, is reenacted as follows:

73-6-26.  It shall be
unlawful for any person, corporation or association to, in any manner, make
claim, verbally, in writing, or by way of advertising, that they perform
chiropractic adjustments/manipulation to the articulations of the human spine
unless they hold a valid license to practice chiropractic (D.C.) in the State
of Mississippi.

SECTION 16.  Section
73-6-27, Mississippi Code of 1972, is reenacted as follows:

73-6-27.  Any person who has
graduated from a college approved by the International Chiropractors
Association or American Chiropractic Association and who was engaged in the
full-time practice of chiropractic in Mississippi prior to January 1, 1970, or
was engaged in the full-time practice of chiropractic in Mississippi for a
period of eight (8) years prior to April 16, 1973, shall be entitled to a
license hereunder by making application to the State Board of Chiropractic
Examiners without being required to take the examination of the State Board of
Chiropractic Examiners, provided he applies for such license within ninety (90)
days after the appointment of the initial board, submits reasonable evidence to
the board establishing his eligibility for such exemption, and pays a Twenty-five
Dollar registration fee.  All other persons practicing chiropractic within the
State of Mississippi on April 16, 1973, shall be eligible to take the approved
examination.

SECTION 17.  Section
73-6-29, Mississippi Code of 1972, is reenacted as follows:

73-6-29.  Anyone failing to
comply with the provisions of this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not less than Five
Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars
($2,500.00), and/or by imprisonment in the county jail for not less than thirty
(30) days nor more than one (1) year.

All subsequent offenses
shall be separate and distinct offenses, and punishable in like manner.

The State Board of
Chiropractic Examiners or the district attorney or county attorney of the
county in which the defendant may reside or the Attorney General of Mississippi
may institute legal action as provided by law against any person violating the
provisions of this chapter, and the chancery court of the county in which any
such violation occurred or in which any such person resides or practices shall
have jurisdiction to grant injunctive relief against the continuation of any
such violation.

SECTION 18.  Section
73-6-31, Mississippi Code of 1972, is reenacted as follows:

73-6-31.  No person shall
engage in the practice of chiropractic from and after January 1, 1974, unless
he has a valid license issued pursuant to this chapter.

SECTION 19.  Section
73-6-33, Mississippi Code of 1972, is amended as follows:

73-6-33.  Sections 73-6-1
through 73-6-31, Mississippi Code of 1972, which create the State Board of
Chiropractic Examiners and prescribe its duties and powers, shall stand
repealed as of July 1,2021 * * *2026 2029.

SECTION 20.  This act
shall take effect and be in force from and after July 1, 2026.
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