Mississippi HB 1317: Patient's Right to Informed Health Care Choices Act and prohibitions against deceptive advertising; extend repealers on.

Bill Text

H. B. No. 1317 *HR26/R1950* ~ OFFICIAL ~ G1/2
25/HR26/R1950
PAGE 1 (RF\KW)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2025

By: Representative Shanks

HOUSE BILL NO. 1317

AN ACT TO REENACT SECTIONS 41-121-1 THROUGH 41-121-9, 1
MISSISSIPPI CODE OF 1972, WHICH ARE THE PATIENT'S RIGHT TO 2
INFORMED HEALTH CARE CHOICES ACT RELATING TO ADVERTISEMENTS FOR 3
HEALTH CARE SERVICES; TO AMEND REENACTED SECTION 41-121-3, 4
MISSISSIPPI CODE OF 1972, TO INFORM THE CODE PUBLISHER OF 5
NONSUBSTANTIVE GRAMMATICAL CORRECTIONS; TO AMEND SECTION 6
41-121-11, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE 7
REPEALER ON THE PATIENT'S RIGHT TO INFORMED HEALTH CARE CHOICES 8
ACT; TO AMEND SECTIONS 73-6-19, 73-9-61, 73-15-29, 73-19-23, 9
73-21-97, 73-26-5, 73-27-13 AND 73-39-77, MISSISSIPPI CODE OF 10
1972, TO EXTEND THE DATE OF THE REPEALERS ON THOSE PROVISIONS THAT 11
MAKE VIOLATIONS OF THE PATIENT'S RIGHT TO INFORMED HEALTH CARE 12
CHOICES ACT BY HEALTH CARE PRACTITIONERS SPECIFIC GROUNDS FOR 13
DISCIPLINARY ACTION AGAINST LICENSEES; TO BRING FORWARD SECTIONS 14
27-71-5, 27-71-7, 27-71-15, 27-71-29, 67-1-41, 67-1-45, 67-1-51, 15
67-1-53, 67-1-55, 67-1-57, 67-1-73, 97-31-47 AND 97-31-49, 16
MISSISSIPPI CODE OF 1972, WHICH RELATE TO ALCOHOLIC BEVERAGES, FOR 17
THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. Section 41-121-1, Mississippi Code of 1972, is 20
reenacted as follows: 21
41-121-1. This chapter shall be known and may be cited as 22
"The Patient's Right to Informed Health Care Choices Act." 23
SECTION 2. Section 41-121-3, Mississippi Code of 1972, is 24
reenacted and amended as follows: 25
41-121-3. The Legislature finds and declares that: 26

H. B. No. 1317 *HR26/R1950* ~ OFFICIAL ~
25/HR26/R1950
PAGE 2 (RF\KW)
ST: Patient's Right to Informed Health Care
Choices Act and prohibitions against deceptive
advertising; extend repealers on.
(a) There are a multitude of professional degrees using 27
the term "doctor," including: Medical Doctor (M.D.); Doctor of 28
Osteopathic Medicine (D.O.); Doctor of Dental Surgery (D.D.S.); 29
Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); 30
Doctor of Chiropractic (D.C.); Doctor of Nursing Practice 31
(D.N.P.); Doctor of Pharmacy (Pharm.D.); and other designations 32
which may be used by health care practitioners. 33
(b) Choosing a health care provider is one of the most 34
important decisions a patient makes, which should be supported by 35
full disclosure from * * * the patient's health care provider. 36
There are differences regarding the training and qualifications 37
required to earn the professional degrees described in and subject 38
to this chapter. These differences often concern the training and 39
skills necessary to correctly detect, diagnose, prevent and treat 40
serious health care conditions. 41
(c) There is a compelling state interest in patients 42
being promptly and clearly informed of the actual training and 43
qualifications of their health care practitioners who provide 44
health care services. This chapter aims to provide public 45
protection against potentially misleading and deceptive health 46
care advertising that causes patients to have undue expectations 47
regarding their medical treatments and outcomes. 48
SECTION 3. Section 41-121-5, Mississippi Code of 1972, is 49
reenacted as follows: 50
41-121-5. For the purposes of this chapter: 51

H. B. No. 1317 *HR26/R1950* ~ OFFICIAL ~
25/HR26/R1950
PAGE 3 (RF\KW)
ST: Patient's Right to Informed Health Care
Choices Act and prohibitions against deceptive
advertising; extend repealers on.
(a) "Advertisement" means any communication or 52
statement, whether printed, electronic or oral, that names the 53
health care practitioner in relation to his or her practice, 54
profession, or institution in which the individual is employed, 55
volunteers or otherwise provides health care services. This 56
includes business cards, letterhead, patient brochures, email, 57
Internet, audio and video, and any other communication or 58
statement used in the course of business or any other definition 59
provided by regulations of the licensing board of proper 60
jurisdiction. 61
(b) "Deceptive" or "misleading" includes, but is not 62
limited to, any advertisement or affirmative communication or 63
representation that misstates, falsely describes, holds out or 64
falsely details the health care practitioner's profession, skills, 65
training, expertise, education, board certification or licensure 66
as determined by each respective licensing board. 67
(c) "Health care practitioner" means any person who 68
engages in acts that are the subject of licensure or regulation. 69
Categories of health care practitioner include: 70
(i) Practitioners of allopathic medicine, 71
signified by the letters "M.D." or the words surgeon, medical 72
doctor, or doctor of medicine by a person licensed to practice 73