MAC Pt. 2635, R. 9.1
Scope
Cite as Miss. Admin. Code Pt. 2635, R. 9.1
Scope. The administration of vaccinations constitutes the practice of medicine, as defined
by Mississippi Code Section 73-43-11, and thus may only be performed by a physician licensed
rights, remedies, and general welfare of persons in Mississippi.
4. In keeping with the public policy and provisions of law in Mississippi, the performance of medical
expert activities, regardless of the physician expert’s location or state(s) of medical licensure, is a
lawful practice that requires a qualified physician, and is therefore subject to regulation by, and
professional accountability to, the Mississippi State Board of Medical Licensure.
5. Due to its physician membership and statutory authority, the Mississippi State Board of Medical
Licensure is uniquely able to establish and enforce licensure requirements, qualification
requirements, and Professional Standards related to the performance of medical expert activities by
physicians, especially with regard to ethical conduct and competent practice.
6. Regardless of a physician’s state(s) of medical licensure, a physician who performs medical expert
activities in a legal matter has an ethical duty to practice according to the standards of medical
professionalism, to perform all medical expert activities in an honest and competent manner, and to
strive to report to appropriate entities any physician who is deficient in character or competence or
who engages in fraud or deception.
7. In keeping with the public policy and provisions of law in Mississippi and principles of medical
ethics, it is unprofessional, dishonorable, and unethical for a physician to willfully state an opinion
or a material fact as a medical expert in the context of a legal matter that the physician knows or
should know is false, or that a reasonable person could objectively conclude was a misrepresentation
or other distortion of the truth, or was intended by the physician to mislead or deceive a judge, juror,
lawyer, litigant, other expert, hearing officer, administrative body, investigator, legal authority, or
any finder of fact.
8. In adopting these rules, the Mississippi State Board of Medical Licensure has attempted to tailor these
rules as closely as possible to the current provisions of Mississippi law, in order to regulate medical
expert activities for the legitimate government purpose of protecting the public and to further other
legitimate government purposes in the public interest.
9. In adopting these rules, the Mississippi State Board of Medical Licensure states that its intent is only
to regulate the conduct and practice of physicians who perform medical expert activities in
Mississippi. The Board does not intend for these rules to be subverted or misused by participants in
legal proceedings as a procedural weapon to intimidate or harass a physician expert or to delay or
otherwise complicate the administration of justice.
The Mississippi State Board of Medical Licensure shall provide a copy of these rules, with these Comments
appended, to the Mississippi Supreme Court, the Mississippi Court of Appeals, the respective conferences
of the Mississippi Circuit, Chancery, and County Judges, the Administrative Office of the Courts, the
Mississippi Attorney General, the United States District Courts and United States attorneys located in
Mississippi, the Mississippi Workers’ Compensation Commission, the Mississippi Bar Association, the
Mississippi State Medical Association, the Federation of State Medical Boards, and any other appropriate
person or organization at the discretion of the Board’s Executive Director, with the request that those
organizations give notice to their members or other interested parties of the existence of these rules.
to practice medicine in this state, or by a licensed nurse under the direction and supervision of a
licensed physician.