Behavioral health professions; impose certain requirements for persons who establish residence in MS seeking licensure in.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 1135

AN ACT TO CREATE NEW SECTION 73-50-2.1, MISSISSIPPI CODE OF 1
1972, TO IMPOSE CERTAIN REQUIREMENTS ON AN APPLICANT WHO 2
ESTABLISHES RESIDENCE IN THIS STATE AND, BASED ON WORK EXPERIENCE 3
IN ANOTHER STATE, IS SEEKING LICENSURE IN MISSISSIPPI AS A 4
BEHAVIORAL HEALTH PROFESSIONAL; TO REQUIRE SUCH APPLICANTS TO 5
UNDERGO CRIMINAL BACKGROUND CHECKS, SUBMIT TWO FORMS OF 6
DOCUMENTATION TO VERIFY RESIDENCY, AND MEET MINIMUM PROFESSIONAL 7
STANDARDS BEFORE RECEIVING A LICENSE; TO PROVIDE FOR DISCIPLINARY 8
ACTION AGAINST AN APPLICANT WHO MISREPRESENTS HIS OR HER 9
RESIDENCY, EDUCATIONAL CREDENTIALS, SUPERVISED PRACTICE RECORDS OR 10
CRIMINAL HISTORY; TO AMEND SECTION 73-50-2, MISSISSIPPI CODE OF 11
1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The following shall be codified as Section 15
73-50-2.1, Mississippi Code of 1972: 16
73-50-2.1. (1) (a) This section applies exclusively to an 17
applicant who establishes residence in this state and, based on 18
work experience in another state, is seeking licensure in 19
Mississippi as a behavioral health professional, including as a 20
Licensed Marriage and Family Therapist (LMFT), Licensed 21
Professional Counselor (LPC), Licensed Clinical Social Worker 22
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(LCSW), Licensed Master Social Worker (LMSW), or Licensed 23
Psychologist. 24
(b) As used in this section, "behavioral health 25
professional" means any individual licensed or seeking licensure 26
as a marriage and family therapist, professional counselor, 27
clinical social worker, master social worker or psychologist and 28
practicing within the scope defined by Mississippi law and the 29
current rules and regulations of the licensing board for the 30
specific discipline. 31
(3) (a) The requirements in this section are designed to 32
ensure that all behavioral health professionals licensed in 33
Mississippi meet the state's professional, ethical and residency 34
standards. 35
(b) The purpose of these requirements is to safeguard 36
the public, preserve the integrity of behavioral health 37
professions, and ensure that Mississippi residents receive 38
services from qualified and accountable professionals. 39
(c) This section further protects the interests of 40
behavioral health professionals practicing in Mississippi by 41
preventing large recruiting agencies and out-of-state corporations 42
from disproportionately flooding the market with temporary 43
licensees, thereby maintaining fair practice standards and 44
ensuring the stability of the state's mental health workforce. 45
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(d) The requirements of this section are in addition to 46
the requirements of Section 73-50-2 and shall control in the case 47
of a conflict. 48
(4) (a) All applicants for licensure under this section 49
shall undergo state and federal criminal background checks before 50
the issuance of any temporary or full license. 51
(b) No temporary license shall be issued until the 52
results of the required background checks have been received and 53
reviewed by the appropriate professional licensing board. 54
(c) Each professional licensing board shall determine, 55
consistent with state law, the impact of an applicant's criminal 56
history on eligibility for licensure, and may deny, condition, 57
suspend or revoke a license based on the results. 58
(d) Any applicant who fails to complete the required 59
background check, or who provides false or misleading information 60
in connection with the background check, shall be denied 61
licensure. 62
(5) (a) All applicants for licensure under this section 63
shall provide proof of bona fide Mississippi residency within 64
sixty (60) days of application approval. Residency must be 65
verified by at least two (2) forms of documentation, which may 66
include, but are not limited to: a Mississippi driver's license, 67
voter registration, vehicle registration, state tax filing, 68
lease/mortgage agreement or utility bill. Proof of employment 69
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with a Mississippi-based practice, business or institution is 70
required. 71
(b) No business entity, organization or institution 72
shall sponsor or employ more than five (5) temporary licensees per 73
calendar year unless headquartered and actively operating in 74
Mississippi. Out-of-state recruiters, companies or agencies 75
without a physical office in Mississippi may not serve as 76
sponsors. 77
(c) Failure to maintain residency shall result in 78
automatic suspension of licensure. Misrepresentation of residency 79
shall result in denial or revocation of licensure and civil 80
penalties, and may result in reporting to the applicant's 81
home-state licensing authority. 82
(6) (a) Each professional licensing board shall verify that 83
applicants meet Mississippi's minimum educational, supervised 84
practice and supervision requirements before issuance of full 85
licensure. Verification shall include confirmation of degree 86
completion from an accredited program recognized by nationally 87
recognized credentialing bodies (COAMFTE, CACREP, CSWE, APA or 88
equivalent). Documentation of supervised professional practice 89
hours meeting minimum requirements established by law shall also 90
be required when applicable. 91
(b) Professional licensing boards are authorized to 92
require direct confirmation of educational credentials and 93
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supervised practice records from the originating licensing board, 94
academic institution or professional credentialing body. 95
(c) Any applicant who fails to meet Mississippi's 96
minimum professional standards shall be denied full licensure. 97
Misrepresentation of educational or supervised practice records 98
shall result in denial or revocation of licensure and may be 99
reported to the applicant's home-state licensing authority. 100
(7) (a) Temporary licenses shall be issued within sixty 101
(60) days of receipt of a complete application, provided that 102
sufficient documentation has been submitted to demonstrate 103
substantial compliance with Mississippi licensure requirements. 104
(b) Temporary licenses are valid for a maximum of three 105
hundred sixty-five (365) days. During this temporary licensure 106
period, the applicant is authorized to practice under the 107
supervision of the relevant licensing board; however, private 108
practice is prohibited until a full, unrestricted license is 109
granted. 110
(c) At the conclusion of the temporary licensure 111
period, applicants must complete a re-attestation of Mississippi 112
residency before issuance of full licensure. The re-attestation 113
shall include proof of continued domicile, such as a driver's 114
license, voter registration, state tax return, lease/mortgage or 115
utility bill. Licensing boards may conduct random audits at any 116
time to ensure compliance with this requirement. 117
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(d) The licensing board shall verify that all 118
requirements, including criminal background checks, educational 119
credential confirmation, verification of supervised practice 120
hours, and re-attestation of residency, have been successfully 121
completed before granting a full, unrestricted license. 122
(e) A final application fee shall be required at the 123
time of conversion from temporary to full licensure, the amount of 124
which shall be determined by the licensing board through 125
administrative rule. 126
(f) Temporary licenses shall not be renewed or extended 127
beyond three hundred sixty-five (365) days period except as 128
expressly authorized by statute. 129
(8) (a) Health insurance carriers operating in Mississippi 130
shall reimburse behavioral health professionals providing services 131
under a valid temporary license in the same manner as services 132
provided by fully licensed professionals. 133
(b) Reimbursement under a temporary license is subject 134
to recoupment in cases where full licensure is subsequently denied 135
or revoked. 136
(9) (a) Any applicant or licensee who fails to meet the 137
requirements set forth in this section shall be denied licensure 138
or have their license suspended or revoked. 139
(b) Misrepresentation of residency, educational 140
credentials, supervised practice records or criminal history shall 141
result in immediate disciplinary action, including denial, 142
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revocation or reporting to the applicant's home-state licensing 143
authority. 144
SECTION 2. Section 73-50-2, Mississippi Code of 1972, is 145
amended as follows: 146
73-50-2. (1) This section shall be known as the "Universal 147
Recognition of Occupational Licenses Act." 148
(2) As used in this section, the term: 149
(a) "License" means any license (other than a privilege 150
license), certificate, registration, permit or other evidence of 151
qualification that an individual is required by the state to 152
obtain before he or she may engage in or represent himself or 153
herself to be a member of a particular profession or occupation. 154
(b) "Occupational licensing board" means any state 155
board, commission, department or other agency in Mississippi that 156
is established for the primary purpose of regulating the entry of 157
persons into, and/or the conduct of persons within, a particular 158
profession or occupation, and which is authorized to issue 159
licenses. For the purposes of this section, the State Department 160
of Education shall be considered an occupational licensing board 161
when issuing teacher licenses under Section 37-3-2. 162
(3) * * * Except as provided in Section 73-50-2.1, 163
notwithstanding any other provision of law, an occupational 164
licensing board shall issue a license or government certification 165
in the discipline applied for and at the same practice level to a 166
person who establishes residence in this state if, upon 167
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application to an occupational licensing board, the applicant 168
satisfies the following conditions: 169
(a) The applicant holds a current and valid license in 170
good standing in another state in an occupation with a similar 171
scope of practice, as determined by the occupational licensing 172
board in Mississippi, and has held this license from the 173
occupational licensing board in the other state for at least one 174
(1) year; and 175
(b) There were minimum education requirements and, if 176
applicable, work experience, examination and clinical supervision 177
requirements in effect, and the other state verifies that the 178
applicant met those requirements in order to be licensed in that 179
state; and 180
(c) The applicant has not committed any act in the 181
other state that would have constituted grounds for refusal, 182
suspension or revocation of a license to practice that occupation 183
in Mississippi at the time the act was committed, and the 184
applicant does not have a disqualifying criminal record as 185
determined by the occupational licensing board in Mississippi 186
under Mississippi law; and 187
(d) The applicant did not surrender a license because 188
of negligence or intentional misconduct related to the applicant's 189
work in the occupation in another state; and 190
(e) The applicant does not have a complaint, allegation 191
or investigation pending before an occupational licensing board or 192
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other board in another state that relates to unprofessional 193
conduct or an alleged crime. If the applicant has a complaint, 194
allegation or investigation pending, the occupational licensing 195
board in Mississippi shall not issue or deny a license to the 196
applicant until the complaint, allegation or investigation is 197
resolved, or the applicant otherwise satisfies the criteria for 198
licensure in Mississippi to the satisfaction of the occupational 199
licensing board in Mississippi; and 200
(f) The applicant pays all applicable fees in 201
Mississippi. 202
(4) * * * Except as provided in Section 73-50-2.1, 203
notwithstanding any other law, the occupational licensing board 204
shall issue a license to an applicant in the discipline applied 205
for and at the same practice level, as determined by the 206
occupational licensing board, to a person who establishes 207
residence in this state based on work experience in another state, 208
if all the following apply: 209
(a) The applicant worked in a state that does not use a 210
license to regulate a lawful occupation, but Mississippi uses a 211
license to regulate a lawful occupation with a similar scope of 212
practice, as determined by the occupational licensing board; 213
(b) The applicant worked for at least three (3) years 214
in the lawful occupation; and 215
(c) The applicant satisfies the provisions of 216
paragraphs (c) through (f) of subsection (3) of this section. 217
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(5) An occupational licensing board may require an applicant 218
to pass a jurisprudential examination specific to relevant state 219
laws in Mississippi that regulate the occupation if the issuance 220
of a license in Mississippi requires an applicant to pass a 221
jurisprudential examination specific to relevant state statutes 222
and administrative rules in Mississippi that regulate the 223
occupation. 224
(6) For purposes of this section, residence may be 225
established by demonstrating proof of a state-issued 226
identification card or one (1) of the following: 227
(a) Current Mississippi residential utility bill with 228
the applicant's name and address; 229
(b) Documentation of the applicant's current ownership, 230
or current lease of a residence in Mississippi; 231
(c) Documentation of current in-state employment or 232
notarized letter of promise of employment of the applicant or his 233
or her spouse; or 234
(d) Any verifiable documentation demonstrating 235
Mississippi residency. 236
(7) (a) A person who receives a license under this section 237
is subject to the laws regulating the person's practice in this 238
state and is subject to the occupational licensing board's 239
jurisdiction. 240
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(b) A person seeking licensure as a behavioral health 241
professional as defined in Section 73-50-2.1 is subject to the 242
requirements of that section. 243
(8) A license issued under this section is valid only in 244
this state and does not make the person eligible to be part of an 245
interstate compact. 246
(9) The occupational licensing board shall issue or deny the 247
license to the applicant within one hundred twenty (120) days 248
after receiving an application. 249
If the application requires longer than two (2) weeks to 250
process, the occupational licensing board shall issue a temporary 251
practice permit within thirty (30) days after receiving the 252
application if the applicant submits an affidavit, under penalties 253
of perjury, affirming that he or she satisfies the provisions of 254
subsection (3) or subsection (4) and pays all applicable fees as 255
required by subsection (3)(f) or subsection (4)(c). 256
The applicant may practice under the temporary permit until a 257
license is granted, or until a notice to deny the license is 258
issued, in accordance with rules adopted by the occupational 259
licensing board. A temporary license will expire in three hundred 260
sixty-five (365) days after its issuance if the applicant fails to 261
satisfy the requirement for licensure in subsections (3) through 262
(5), as applicable. 263
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(10) (a) The applicant may appeal any of the following 264
decisions of an occupational licensing board to a court of general 265
jurisdiction: 266
(i) Denial of a license; 267
(ii) Determination of the occupation; 268
(iii) Determination of the similarity of the scope 269
of practice of the license issued; or 270
(iv) Other determinations under this section. 271
(b) The court shall determine all questions of law, 272
including the interpretation of a constitutional or statutory 273
provision or a rule adopted by an occupational licensing board, 274
without regard to any previous determination that may have been 275
made on the question in any action before the occupational 276
licensing board. 277
(11) An occupational licensing board shall prominently print 278
the following on all license applications, any communication 279
denying a license, and on the board's website: "Pursuant to the 280
provisions of the Universal Recognition of Occupational Licenses 281
Act, Mississippi shall recognize occupational licenses obtained 282
from other states." An occupational licensing board shall prepare 283
and place on the board's website an annual report detailing the 284
number of applications submitted to the licensing board under this 285
section during a calendar year and the actions taken by the board 286
on the applications. 287
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(12) An occupational licensing board shall adopt rules 288
necessary to implement this section by January 1, 2022. In 289
addition, an occupational licensing board shall make all 290
reasonable efforts to issue a license to an applicant for a 291
license under this section. 292
(13) Nothing in this section shall be construed to prohibit 293
an applicant for licensure from proceeding under the existing 294
licensure requirements established by an occupational licensing 295
board in Mississippi. 296
(14) Nothing in this chapter shall be construed to prevent 297
Mississippi from entering into a licensing compact or reciprocity 298
agreement with another state, foreign province or foreign country. 299
A license issued under this section is valid only in Mississippi. 300
It does not make the person eligible to work in another state 301
under an interstate compact or reciprocity agreement unless 302
otherwise provided in Mississippi law. 303
(15) Nothing in this section shall be construed to apply to: 304
(a) The practice of law as regulated under Section 305
73-3-1 et seq.; 306
(b) Criteria for an applicant to obtain a license that 307
is established under an interstate compact; 308
(c) The ability of an occupational licensing board to 309
require an applicant to submit fingerprints in order to access 310
state and federal criminal records information for noncriminal 311
justice purposes; 312
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ST: Behavioral health professions; impose
certain requirements for persons who establish
residence in MS seeking licensure in.
(d) The practice of medicine by physicians as regulated 313
under Section 73-25-1 et seq.; 314
(e) The provisions of the Military Family Freedom Act, 315
Section 73-50-1; or 316
(f) An occupation regulated under Section 73-1-1 et 317
seq. to the extent there is a conflict with a law granting 318
licensure reciprocity under Section 73-1-1 et seq. 319
SECTION 3. This act shall take effect and be in force from 320
and after July 1, 2026. 321